Prohibits the idling of any passenger vehicle, with certain exceptions, for more than 3 consecutive minutes; first violation is a warning, subsequent violations of such section are traffic infractions punishable by a fine of $150.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A2045 Revised 3/30/2021
SPONSOR: Abinanti TITLE OF BILL:
An act to amend the environmental conservation law, in relation to the
idling time of passenger vehicles
PURPOSE OR GENERAL IDEA OF BILL:
To prohibit the idling of any passenger vehicle for more than 3 consec-
utive minutes. This bill is designed to improve air quality in New York
State. It seeks to address the fact that more than half of New York's 19
million residents live in counties where unhealthy air endangers their
lives and health.
SUMMARY OF PROVISIONS:
This bill amends the environmental conservation law by adding a new
section 19-0329. This new section:
1. Defines passenger vehicle and hybrid-electric vehicle.
2. Prohibits the idling of passenger vehicles for more than three
consecutive minutes except when:
(a) motionless because of traffic conditions;
(b) federal, state, or local regulations require a specific temperature
for passenger comfort;
(c) a hybrid-electric vehicle is idling to provide energy to the battery
or other energy recharging storage;
(d) the ambient air temperature is 32 degrees Fahrenheit or less;
(e) required for maintenance; or
(f) ensuring the safe loading, unloading, or transport of persons with
one or more disabilities.
3. Exempts from the section the operation of authorized emergency vehi-
cles and other emergency vehicles and equipment while performing in the
scope of their duties.
4. Provides that no local law shall be preempted by this section
provided that the provisions of such local law are at least as stringent
as the provisions of this section.
5. Provides that any person who knowingly or intentionally violates any
provision of this section shall upon the first finding of a violation be
provided with a warning and that future violations may result in a civil
penalty not to exceed one hundred fifty dollars.
JUSTIFICATION:
While New York has taken steps to address diesel pollution, these emis-
sions remain a serious health threat. According to the American Lung
Association's State 2020 "State of the Air, found that nearly half of
New York's 19 million residents live in counties where unhealthy air
endangers their lives and health. Thirteen of the 26 counties in New
York State with air quality monitors received failing grades.
In addition, gasoline powered vehicles contribute to the State's poor
air quality through emissions of particulates, nitrogen oxides (N0x),
and volatile organic compounds (VOCs), the latter two pollutants being
precursors for the formation of ground-level ozone. Exposure to ozone
has been consistently linked to respiratory problems, including asthma
exacerbation and other respiratory diseases. Furthermore, gasoline
powered vehicles emit carbon dioxide, thus contributing to global warm-
ing.
Presently, the environmental conservation law prohibits heavy duty vehi-
cles including diesel trucks and buses, from idling for more than five
consecutive minutes. In addition, at least twenty-two municipalities,
including cities, counties, villages and towns in New York have adopted
anti-idling laws or regulations.
PRIOR LEGISLATIVE HISTORY:
2019-20: A1698A ordered to third reading, same as S8634 (Harck-
ham)referred to rules;
2017-18: A923A referred to environmental conservation; same as S1502A
(Avella) referred to environmental conservation;
2015-16: A315 referred to environmental conservation, same as S7035
(Avella);
2014-14: A1228A referred to environmental conservation; 2011-12: A7606
referred to environmental conservation
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None
EFFECTIVE DATE:
This bill shall take effect on the 180th day after it shall have become
law.
STATE OF NEW YORK
________________________________________________________________________
2045
2021-2022 Regular Sessions
IN ASSEMBLY
January 14, 2021
___________
Introduced by M. of A. ABINANTI, COLTON, THIELE, L. ROSENTHAL, GOTT-
FRIED, STECK, CARROLL, SEAWRIGHT, GALEF, GLICK, REYES -- 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:
1 Section 1. The environmental conservation law is amended by adding a
2 new section 19-0329 to read as follows:
3 § 19-0329. Emissions from passenger vehicles; limitations.
4 1. For the purposes of this section, the following terms shall have
5 the following meanings:
6 (a) "Passenger vehicle" shall mean any motor vehicle, light-duty truck
7 with a gross vehicle weight of eighty-five hundred pounds or less, or
8 any other vehicle whose primary use is noncommercial personal transpor-
9 tation. Such definition shall also include "motorcycle", "taxicab" and
10 "livery" as such terms are defined in article one of the vehicle and
11 traffic law.
12 (b) "Hybrid-electric vehicle" shall mean any passenger vehicle which
13 draws propulsion from both an internal combustion engine (or heat engine
14 that uses combustible fuel), an energy storage device and employs a
15 regenerative vehicle braking system that recovers waste energy to charge
16 such energy storage device.
17 2. No person shall allow or permit the engine of a passenger vehicle
18 to idle for more than three consecutive minutes when the passenger vehi-
19 cle is not in motion, except that this provision shall not apply when:
20 (a) such vehicle is forced to remain motionless because of traffic
21 conditions over which the operator thereof has no control;
22 (b) regulations adopted by a federal, state or local agency having
23 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.
LBD01054-01-1
A. 2045 2
1 passenger comfort, in which case the idling time may be increased to the
2 extent necessary to comply with such regulations;
3 (c) a hybrid-electric vehicle is idling for the purpose of providing
4 energy for the battery or other form of energy storage recharging;
5 (d) the ambient air temperature is 32 degrees Fahrenheit (0 degrees
6 Celsius) or less;
7 (e) when operation of the engine is required for the purpose of main-
8 tenance; or
9 (f) such vehicle is idling for the purpose of ensuring the safe load-
10 ing, unloading, or transport of persons with one or more disabilities.
11 3. This section shall not apply to the operation of authorized emer-
12 gency vehicles, as defined by section one hundred one of the vehicle and
13 traffic law and other emergency vehicles and equipment while performing
14 in the scope of their duties.
15 4. Nothing in this section shall be deemed to preempt any provision of
16 local law, including, but not limited to section 24-163 of the adminis-
17 trative code of the city of New York, provided that the provisions of
18 such local law are at least as stringent as the provisions of this
19 section.
20 5. Any person who knowingly or intentionally violates any provision of
21 this section shall, upon the first finding of such a violation, be
22 provided with a warning that future violations may result in the imposi-
23 tion of a civil penalty. Any person convicted of a subsequent violation
24 may be liable for a civil penalty not to exceed one hundred fifty
25 dollars.
26 § 2. Severability clause. If any clause, sentence, paragraph, section
27 or part of this act shall be adjudged by any court of competent juris-
28 diction to be invalid, such judgment shall not affect, impair or invali-
29 date the remainder thereof, but shall be confined in its operation to
30 the clause, sentence, paragraph, section or part thereof directly
31 involved in the controversy in which such judgment shall have been
32 rendered.
33 § 3. This act shall take effect on the one hundred eightieth day after
34 it shall have become a law.
