BILL NUMBER: S5080
SPONSOR: SEPULVEDA
 
TITLE OF BILL:
An act to amend chapter 670 of the laws of 2007 amending the education
law relating to directing the commissioner of education to promulgate
regulations limiting the engines of school vehicles to remain idling
while parked or standing on school grounds, in relation to the effec-
tiveness thereof
 
PURPOSE:
This bill seeks to extend the Laws of 2007, Chapter 670 which amended
the education law, in relation to directing the Commissioner of educa-
tion to promulgate regulations limiting the engines of school buses to
remain idling while parked or standing on school grounds, in relation to
the effectiveness thereof.
 
SUMMARY OF PROVISIONS:
Section 1: Extends Section 2 of the 670 of the laws of 2007.
Section 2 of chapter 670: States this bill take effect immediately and
repealed June 30, 2029 upon the commissioner of education finds that all
vehicles owned or leased by schools no longer run on fossil fuels and
use alternative fuels with zero emission and is reported to legislative
bill drafting in order to keep accurate and timely effective data.
Section 2: Effective Date
 
JUSTIFICATION:
From Buffalo to Long Island, this is a real problem with harmful conse-
quences for our children. Each school day, over 2.3 million children
board over 55,000 diesel-powered school buses and are exposed to lung
irritating chemicals. For many children this exposure triggers asthma
attacks. For others this exposure will lead to respiratory problems.
The proposed extender legislation is a simple, pragmatic, and no cost
approach to dealing with idling vehicles outside school and childcare
grounds. It continues to stop the wasteful and dangerous idling of
dozens of school buses in areas congested with children. This is a
common sense issue that protects our children. Groups ranging from the
American Medical Association to the U.S. Environmental Protection Agency
support extending the rule to continue to protect children from harmful
idling emissions during the school day. There are no fiscal impacts
associated with extending the law.
The growing number of asthmatic children and bad-air quality surrounding
our schools requires that we act diligently to continue to address this
problem in as many ways as we can. The extension of this legislation is
strongly supported by the American Lung Association, the NYS Pupil
Transportation Association, and environmental justice groups from across
New York who have been advocating for clean air policies for years. We
need to be better in terms of our carbon emissions; In general, we need
to be better environmental stewards. The new law should hold all vehi-
cles to the 5-minute standard, and should apply to vehicles sitting on
both public and private property. The penalty associated with the law
may consist of a first offense in the form of a $100 ticket. A second
offense within seven years will be a $400 ticket.
Third and subsequent offenses within seven years will be a $600 ticket.
Several exceptions to the limit should be built into the law as well.
People may idle vehicles to use their defrosters, air conditioners,
heaters and other equipment to "prevent a health or safety emergency,
including for the purpose of providing shelter. Drivers should be exempt
to the 5 min idling law if the outside temperature is below 20 degrees
or above 90 degrees, and/or actively loading and unloading passengers or
property on private property. Lastly, idling in congested traffic, for
repair or service work, and for using equipment attached to a vehicle,
such as a crane or concrete mixer, should be exempt from the law.
Several health problems can be exacerbated by car exhaust, which
includes pollutants like nitrogen dioxide and carbon monoxide. Asthma,
particularly for children, can be triggered by the fumes as well.
 
LEGISLATIVE HISTORY:
S.3243 of 2023-2024; Referred to Education;
S.3012 of 2021-22: Referred to Education;
S.1695 of 2019-20: Referred to Education;
S.8397 of 2018: Referred to Education
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This act shall take effect immediately.