S T A T E   O F   N E W   Y O R K
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                                  7606

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              May 11, 2011
                               ___________

Introduced  by  M.  of A. ABINANTI, GALEF, LATIMER, KAVANAGH, GOTTFRIED,
  JAFFEE, LAVINE, PAULIN -- read once and referred to the  Committee  on
  Environmental Conservation

AN  ACT  to amend the environmental conservation law, in relation to the
  idling time of passenger vehicles

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The environmental conservation law is amended by adding a
new section 19-0326 to read as follows:
S 19-0326. EMISSIONS FROM DIESEL ENGINES AND PASSENGER VEHICLES; LIMITA-
            TIONS.
  1. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING  TERMS  SHALL  HAVE
THE FOLLOWING MEANINGS:
  (A) "PASSENGER VEHICLE" SHALL MEAN ANY MOTOR VEHICLE, LIGHT-DUTY TRUCK
WITH  A  GROSS  VEHICLE WEIGHT OF EIGHTY-FIVE HUNDRED POUNDS OR LESS, OR
ANY OTHER VEHICLE WHOSE PRIMARY USE IS NONCOMMERCIAL PERSONAL  TRANSPOR-
TATION.   SUCH DEFINITION SHALL ALSO INCLUDE "MOTORCYCLE", "TAXICAB" AND
"LIVERY" AS SUCH TERMS ARE DEFINED IN ARTICLE ONE  OF  THE  VEHICLE  AND
TRAFFIC LAW.
  (B)  "HYBRID-ELECTRIC  VEHICLE" SHALL MEAN ANY PASSENGER VEHICLE WHICH
DRAWS PROPULSION FROM BOTH AN INTERNAL COMBUSTION ENGINE (OR HEAT ENGINE
THAT USES COMBUSTIBLE FUEL), AN ENERGY  STORAGE  DEVICE  AND  EMPLOYS  A
REGENERATIVE VEHICLE BRAKING SYSTEM THAT RECOVERS WASTE ENERGY TO CHARGE
SUCH ENERGY STORAGE DEVICE.
  2.   NO PERSON SHALL ALLOW OR PERMIT THE ENGINE OF A PASSENGER VEHICLE
TO IDLE FOR MORE THAN THREE CONSECUTIVE MINUTES WHEN THE PASSENGER VEHI-
CLE IS NOT IN MOTION, EXCEPT THAT THIS PROVISION SHALL NOT APPLY WHEN:
  (A) SUCH VEHICLE IS FORCED TO REMAIN  MOTIONLESS  BECAUSE  OF  TRAFFIC
CONDITIONS OVER WHICH THE OPERATOR THEREOF HAS NO CONTROL;
  (B)  REGULATIONS  ADOPTED  BY  A FEDERAL, STATE OR LOCAL AGENCY HAVING
JURISDICTION REQUIRE THE  MAINTENANCE  OF  A  SPECIFIC  TEMPERATURE  FOR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09192-04-1
              

A. 7606                             2

PASSENGER COMFORT, IN WHICH CASE THE IDLING TIME MAY BE INCREASED TO THE
EXTENT NECESSARY TO COMPLY WITH SUCH REGULATIONS;
  (C)  A  HYBRID-ELECTRIC VEHICLE IS IDLING FOR THE PURPOSE OF PROVIDING
ENERGY FOR THE BATTERY OR OTHER FORM OF ENERGY STORAGE RECHARGING;
  (D) THE AMBIENT AIR TEMPERATURE IS 32 DEGREES  FAHRENHEIT  (0  DEGREES
CELSIUS) OR LESS.
  3.  THIS  SECTION SHALL NOT APPLY TO THE OPERATION OF AUTHORIZED EMER-
GENCY VEHICLES, AS DEFINED BY SECTION ONE HUNDRED ONE OF THE VEHICLE AND
TRAFFIC LAW AND OTHER EMERGENCY VEHICLES AND EQUIPMENT WHILE  PERFORMING
IN THE SCOPE OF THEIR DUTIES.
  4. NOTHING IN THIS SECTION SHALL BE DEEMED TO PREEMPT ANY PROVISION OF
LOCAL  LAW, INCLUDING, BUT NOT LIMITED TO SECTION 24-163 OF THE ADMINIS-
TRATIVE CODE OF THE CITY OF NEW YORK, PROVIDED THAT  THE  PROVISIONS  OF
SUCH  LOCAL  LAW  ARE  AT  LEAST  AS STRINGENT AS THE PROVISIONS OF THIS
SECTION.
  5. ANY PERSON WHO KNOWINGLY OR INTENTIONALLY VIOLATES ANY PROVISION OF
THIS SECTION SHALL, UPON THE FIRST  FINDING  OF  SUCH  A  VIOLATION,  BE
PROVIDED WITH A WARNING THAT FUTURE VIOLATIONS SHALL RESULT IN THE IMPO-
SITION  OF  A FINE. ANY PERSON CONVICTED OF A SUBSEQUENT VIOLATION SHALL
BE LIABLE FOR A CIVIL PENALTY NOT TO EXCEED ONE HUNDRED FIFTY DOLLARS.
  S 2. Severability clause. If any clause, sentence, paragraph,  section
or  part  of this act shall be adjudged by any court of competent juris-
diction to be invalid, such judgment shall not affect, impair or invali-
date the remainder thereof, but shall be confined in  its  operation  to
the  clause,  sentence,  paragraph,  section  or  part  thereof directly
involved in the controversy in  which  such  judgment  shall  have  been
rendered.
  S 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law.