Prohibits the idling of any passenger vehicle for more than 3 consecutive minutes

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

                                          1354

                               2025-2026 Regular Sessions

                                  I N  A S S E M B L Y

                                     January 9, 2025
                                       ___________

        Introduced  by M. of A. EACHUS, COLTON, BURDICK, EPSTEIN, SIMONE -- 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 19-0333 to read as follows:
     3  § 19-0333. 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 AND SHALL NOT INCLUDE ELECTRIC VEHICLES AS DEFINED IN SUBDI-
    12  VISION ONE OF SECTION 66-S OF THE PUBLIC SERVICE LAW.
    13    (B) "HYBRID-ELECTRIC VEHICLE" SHALL MEAN ANY PASSENGER  VEHICLE  WHICH
    14  DRAWS PROPULSION FROM BOTH AN INTERNAL COMBUSTION ENGINE (OR HEAT ENGINE
    15  THAT  USES  COMBUSTIBLE  FUEL),  AN  ENERGY STORAGE DEVICE AND EMPLOYS A
    16  REGENERATIVE VEHICLE BRAKING SYSTEM THAT RECOVERS WASTE ENERGY TO CHARGE
    17  SUCH ENERGY STORAGE DEVICE.
    18    2.  NO PERSON SHALL ALLOW OR PERMIT THE ENGINE OF A PASSENGER  VEHICLE
    19  TO IDLE FOR MORE THAN THREE CONSECUTIVE MINUTES WHEN THE PASSENGER VEHI-
    20  CLE IS NOT IN MOTION, EXCEPT THAT THIS PROVISION SHALL NOT APPLY WHEN:
    21    (A)  SUCH  VEHICLE  IS  FORCED TO REMAIN MOTIONLESS BECAUSE OF TRAFFIC
    22  CONDITIONS OVER WHICH THE OPERATOR THEREOF HAS NO CONTROL;
    23    (B) REGULATIONS ADOPTED BY A FEDERAL, STATE  OR  LOCAL  AGENCY  HAVING
    24  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.
                                                                   LBD00392-01-5
        A. 1354                             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;
     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    (G) SUCH VEHICLE CONTAINS ONE OR MORE CHILDREN OR PETS; OR
    12    (H)  SUCH  VEHICLE  IS  A  MILITARY  TACTICAL VEHICLE USED IN MILITARY
    13  TRAINING OPERATIONS.
    14    3. THIS SECTION SHALL NOT APPLY TO THE OPERATION OF  AUTHORIZED  EMER-
    15  GENCY VEHICLES, AS DEFINED BY SECTION ONE HUNDRED ONE OF THE VEHICLE AND
    16  TRAFFIC  LAW AND OTHER EMERGENCY VEHICLES AND EQUIPMENT WHILE PERFORMING
    17  IN THE SCOPE OF THEIR DUTIES.
    18    4. NOTHING IN THIS SECTION SHALL BE DEEMED TO PREEMPT ANY PROVISION OF
    19  LOCAL LAW, INCLUDING, BUT NOT LIMITED TO SECTION 24-163 OF THE  ADMINIS-
    20  TRATIVE  CODE  OF  THE CITY OF NEW YORK, PROVIDED THAT THE PROVISIONS OF
    21  SUCH LOCAL LAW ARE AT LEAST AS  STRINGENT  AS  THE  PROVISIONS  OF  THIS
    22  SECTION.
    23    5. ANY PERSON WHO KNOWINGLY OR INTENTIONALLY VIOLATES ANY PROVISION OF
    24  THIS  SECTION  SHALL,  UPON  THE  FIRST  FINDING OF SUCH A VIOLATION, BE
    25  PROVIDED WITH A WARNING THAT FUTURE VIOLATIONS MAY RESULT IN THE IMPOSI-
    26  TION OF A CIVIL PENALTY.  ANY PERSON CONVICTED OF A SUBSEQUENT VIOLATION
    27  MAY BE LIABLE FOR A CIVIL  PENALTY  NOT  TO  EXCEED  ONE  HUNDRED  FIFTY
    28  DOLLARS.
    29    §  2. Severability clause. If any clause, sentence, paragraph, section
    30  or part of this act shall be adjudged by any court of  competent  juris-
    31  diction to be invalid, such judgment shall not affect, impair or invali-
    32  date  the  remainder  thereof, but shall be confined in its operation to
    33  the clause,  sentence,  paragraph,  section  or  part  thereof  directly
    34  involved  in  the  controversy  in  which  such judgment shall have been
    35  rendered.
    36    § 3. This act shall take effect on the one hundred eightieth day after
    37  it shall have become a law.