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A02045 Summary:

BILL NOA02045
 
SAME ASSAME AS S02996
 
SPONSORAbinanti
 
COSPNSRColton, Thiele, Rosenthal L, Gottfried, Steck, Carroll, Seawright, Galef, Glick, Reyes, Fahy, Griffin, Gonzalez-Rojas
 
MLTSPNSR
 
Add 19-0329, En Con L
 
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.
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A02045 Actions:

BILL NOA02045
 
01/14/2021referred to environmental conservation
03/16/2021reported referred to codes
03/24/2021reported
03/25/2021advanced to third reading cal.198
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A02045 Memo:

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.
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A02045 Text:



 
                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.
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