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

4 Co-sponsors

• David Carlucci
• Jesse Hamilton
• Brad Hoylman-Sigal
• George Latimer

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 consecutive minutes. This bill is designed to improve air quality in New York State. It seeks to address the fact that nearly half of New York's 19 million residents live in counties where unhealthy air endangers their lives and health. In 2011, 16 of the state's 34 counties with air quality monitors received failing grades.

Summary of specific provisions

This bill amends the environmental conservation law by adding a new section 19-0326. 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; or

(e) required for maintenance.

3. Exempts from the section the operation of authorized emergency vehicles 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 2011 report found that nearly half of New York's 19 million residents live in counties where unhealthy air endangers their lives and health. In 2011, 16 of the 34 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 warming.

Presently, the environmental conservation law prohibits heavy-duty vehicles 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

2012: A7606 referred to environmental conservation; 2014: A1228A referred to environmental conservation

Fiscal implications

None

Effective date

The 180th day after it becomes law.