BILL NUMBER: S261
SPONSOR: HARCKHAM
 
TITLE OF BILL:
An act to amend the environmental conservation law, in relation to the
idling time of passenger vehicles
 
PURPOSE OR GENERAL IDEA:
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 SPECIFIC PROVISIONS:
This bill amends the environmental conservation law by adding a new
section 19-0333. 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 the vehicle is:
(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;
(f) loading, unloading, or transport of persons with one or more disa-
bilities to ensure safety;
(g)children or pets are in the vehicle;
(h) used in military training operations.
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:
The American Lung Association's State of the Air 2016 report found that
nearly half of New York's 19 million residents live in counties where
unhealthy air endangers their lives and health. Based on data from
2012-2014, 12 of the 24 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-pow-
ered vehicles emit carbon dioxide, thus contributing to global warming.
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.
 
LEGISLATIVE HISTORY:
2022-2024: S1178C/A8289 - Died in Environmental Conservation/Died in
Codes
2021-2022: S2996A/A2045 - Died in Environmental Conservation
2019-2020: S8634/A1698 - Died in Health/Died in Codes
2017-2018: A923A/S1502A - Died in Environmental Conservation
2015-2016: A315/S7035 - Died in Environmental Conservation
2013-2014: A1228A - Died in Environmental Conservation
2011-2012: A7606 - Died in Environmental Conservation
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
The one hundred eightieth day after it shall become a law.