A 1354: Prohibits the idling of any passenger vehicle, with certain exceptions, for more than 3 consecutive minutes; establishes the first violation is a warning and subsequent violations of such section are traffic infractions punishable by a fine of $150.

  
  STATE OF NEW YORK ________________________________________________________________________ 1354 2025-2026 Regular Sessions  IN ASSEMBLY 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.