Proposed Int. No. 561-A
By Council Member Gennaro
A Local Law to amend the administrative code of the city of New York, in relation to regulating the idling of engines and the use of citizen’s complaints to enforce laws enforced by the department of environmental protection
Be it enacted by the Council as follows:
Section 1. Subdivisions (a), (c), and (d) of section 24-163 of the administrative code of the city of New York, as amended by local law number 38 for the year 2015, and subdivision (f) of such section, as amended by local law number 58 for the year 2023, are amended to read as follows:
(a) No person shall cause or permit the engine of a motor vehicle, other than a legally authorized emergency motor vehicle, to idle for longer than [three] 3 minutes, except as provided in subdivision (f) of this section, while parking [as defined in section one hundred twenty-nine of the vehicle and traffic law], standing [as defined in section one hundred forty-five of the vehicle and traffic law], or stopping [as defined in section one hundred forty-seven of the vehicle and traffic law], unless the engine is used to operate a loading device, unloading device, or processing device, or the engine is running to engage in a regeneration clean cycle for a diesel particulate filter when federal, state, or local regulations require such vehicle to operate such diesel particulate filter. When the ambient temperature is in excess of [forty] 40 degrees Fahrenheit, no person shall cause or permit the engine of a bus [as defined in section one hundred four of the vehicle and traffic law] to idle while parking, standing, or stopping [(as defined above)] at any terminal point, whether or not enclosed, along an established route.
(c) For the purpose of this section only [the term "school bus depot" shall mean any garage, lot or other facility where buses that transport children to or from schools are parked over night and the term "multiple use bus terminal point" shall mean a location that is both a terminal point of at least one bus route (other than a school bus route) and a bus stop (other than a school bus stop) on one or more other bus routes] the following terms shall have the following meanings:
Bus. The term “bus” has the same meaning as set forth in section 104 of the vehicle and traffic law.
Embark or disembark. The term “embark or disembark” means the active entering or exiting of passengers from a bus while the bus is stopped, standing, or parked.
Loading device. The term “loading device” means a device used to move goods or people onto a vehicle.
Multiple use bus terminal point. The term “multiple use bus terminal point” means a location that is both a terminal point of at least 1 bus route other than a school bus route, and a bus stop other than a school bus stop, on 1 or more other bus routes.
Parking. The term “parking” has the same meaning as set forth in section 129 of the vehicle and traffic law.
Processing device. The term “processing device” means (1) a device that accomplishes the function for which the vehicle or equipment was designed, other than transporting goods or people, via a mechanical connection to the engine, including but not limited to operating a lift, crane, pump, drill, hoist, or mixer; or (2) a system that controls the environment of temperature-sensitive cargo or substances, including but not limited to food, provided that such cargo or substances are being transported in a vehicle designed for the transportation of such cargo or substances. The term "processing device" shall not include a heater or air conditioner operated for cabin comfort.
School bus. The term “school bus” has the same meaning as set forth in section 142 of the vehicle and traffic law.
School bus depot. The term “school bus depot” means any garage, lot, or other facility where buses that transport children to or from schools are parked overnight.
Standing. The term “standing” has the same meaning as set forth in section 145 of the vehicle and traffic law.
Stopping. The term “stopping” has the same meaning as set forth in section 147 of the vehicle and traffic law.
Terminal point. The term “terminal point” means the planned stops, including the beginning or end, of a bus route.
Truck. The term “truck” has the same meaning as set forth in section 158 of the vehicle and traffic law.
Unloading device. The term “unloading device” means a device used to move goods or people off of a vehicle.
(d) In any proceeding relating to a violation of the restrictions on idling, it shall not be a defense that: (1) a sign required by this section was absent at the time of the violation; or (2) 1 or more summonses, appearance tickets, or notices of violation concerning violations of the restrictions on idling had been issued at the same location and on the same day.
(f) No person shall cause or permit the engine of a motor vehicle, other than a legally authorized emergency motor vehicle, to idle for longer than [one] 1 minute if such motor vehicle is adjacent, as determined by rule, to any public school under the jurisdiction of the New York city department of education or to any non-public school that provides educational instruction to students in any grade from pre-kindergarten to the twelfth grade level, while parking [as defined in section one hundred twenty-nine of the vehicle and traffic law], standing [as defined in section one hundred forty-five of the vehicle and traffic law], or stopping [as defined in section one hundred forty-seven of the vehicle and traffic law], unless the engine is used to operate a loading device, unloading device, or processing device, and provided that idling of an engine of a school bus may be permitted [to the extent necessary]: (1) to the extent necessary for mechanical work; (2) [to maintain an appropriate temperature for passenger comfort] for up to 30 minutes to provide heating or air-conditioning for school bus passengers when the ambient temperature at the location of the school bus is less than 40 degrees Fahrenheit or at least 80 degrees Fahrenheit, respectively; or (3) in emergency evacuations where necessary to operate wheelchair lifts. It shall be an affirmative defense that any such school was not easily identifiable as a school by signage or otherwise at the time a violation of this subdivision occurred.
§ 2. Section 24-178 of the administrative code of the city of New York is amended by adding new subdivisions (f), (g), and (h) to read as follows:
(f) Notwithstanding the minimum and maximum amounts set forth in the table of civil penalties following subparagraph (i) of paragraph (3) of subdivision (a) of this section, a penalty imposed on a person for a violation of subdivision (a) or (f) of section 24-163 shall be reduced to $50, provided that: (1) no later than the cure deadline, the respondent admits liability for the violation and files a certification with the department specifying that either a battery-powered auxiliary power unit has been installed, and is in good working condition, on the motor vehicle that idled in violation of such subdivision, or the vehicle has been replaced with, or has been converted to, an all-electric vehicle; and (2) the commissioner accepts such certification of compliance, and provided further, that such violation may serve as a predicate for the imposition of civil penalties for any subsequent violations of subdivision (a) or (f) of section 24-163. For purposes of this subdivision, “cure deadline” means: (i) prior to the date on the notice of violation for a hearing before the office of administrative trials and hearings, acting pursuant to section 1049-a of the charter, in relation to such violation; and (ii) 90 days from either: (A) the date on the notice of violation issued by the department pursuant to section 24-180; or (B) the date of service of the notice of violation served by a complainant pursuant to subdivision (b) of section 24-182.
(g) The department shall promulgate rules relating to the requirements described in subdivision (f) of this section for imposition of a reduced penalty on a person for violation of subdivision (a) or (f) of section 24-163, including, but not limited to, prescribing the form and manner of the certification and specifying the information and documentation, which may include a physical inspection of the vehicle, that must be provided with such certification.
(h) Where more than 1 notice of violation was served upon a person for violating section 24-163 with the same vehicle within 60 minutes, only the first notice of violation shall be valid, and any additional notice of violation alleging such violation within 60 minutes shall be void.
§ 3. Section 24-180 of the administrative code of the city of New York, as amended by local law number 38 for the year 2015, is amended to amend subdivision (c) and to add a new subdivision (d) to read as follows:
(c) A notice of violation shall include the information specified in the rules of the board, and shall include instructions on how to obtain all evidence, including electronic and video evidence, that has been filed in support of the alleged violation. Such evidence shall remain available to the person in violation or the owner of the vehicle in violation until the violation has been fully adjudicated.
(d) For a violation of section 24-163 alleged in a citizen complaint served upon the department pursuant to subdivision (a) of section 24-182, the department may issue a notice of violation only within 60 days from service of such complaint.
§ 4. Section 24-182 of the administrative code of the city of New York, as amended by local law number 58 for the year 2018, is amended to read as follows:
§ 24-182 Citizen’s complaint. (a) Any natural person, other than (1) personnel of the department and other employees of the city of New York authorized by law to serve summonses for violations of the code or (2) any natural person disqualified pursuant to subdivision (g) of this section, may serve upon the department a complaint, in a form prescribed by the department, as described in rules promulgated by the department pursuant to subdivision (f) of this section, alleging that a person has violated any provision of this code or rule promulgated by the commissioner [or the board], except with respect to sections 24-143 <https://codelibrary.amlegal.com/codes/newyorkcity/latest/NYCadmin/0-0-0-43375> and 24-163 <https://codelibrary.amlegal.com/codes/newyorkcity/latest/NYCadmin/0-0-0-43556> of this code, but still applicable to buses [as defined in section one hundred four of the vehicle and traffic law] and trucks [as defined in section one hundred fifty eight of the vehicle and traffic law], together with evidence of such violation. The complaint must be served upon the department within 14 days of the alleged violation of this code or rule. With respect to section 24-142 <https://codelibrary.amlegal.com/codes/newyorkcity/latest/NYCadmin/0-0-0-43366> of this code, only such person who has been certified as a smoke watcher, by passing a course of smoke observation approved by the department within [three] 3 years prior to the observation, may serve such complaint.
(b) A person who has served a complaint pursuant to subdivision (a) of this section may serve upon the person allegedly in violation, and file with the office of administrative trials and hearings pursuant to section 1049-a of the charter, a notice of violation in a form prescribed by such office, provided that: (1) within [forty-five] 60 days from service of such complaint [if:
(1)The] (A) the department has failed to serve a notice of violation, pursuant to the rules of the environmental control board within the office of administrative trials and hearings, for the violation alleged in a complaint pursuant to subdivision (a) of this section; [or
(2) The] and the department [fails] has failed to serve a written notice upon the complainant of its determination that [his or her] the complaint is [frivolous or duplicitous] rejected based on its failure to comply with the requirements set forth in rules promulgated pursuant to paragraph (1) of subdivision (g) of this section; or
(B) the department has approved a complainant’s request to serve a notice of violation upon the person allegedly in violation;
(2) the date provided in such notice of violation for a hearing before the office of administrative trials and hearings, acting pursuant to section 1049-a of the charter, is no less than 90 days from the date of service of such notice of violation; and
(3) a complainant serving a notice of violation pursuant to this subdivision must serve such notice of violation upon the person allegedly in violation within 30 days of the department’s failure to serve a notice of violation or of the department’s approval.
(c) A person commencing a proceeding pursuant to this section shall provide notice to the department at the time of commencement and prosecute such proceeding at his or her own expense. The department may intervene in such a proceeding at any time.
(d) In any proceeding brought by the department after receiving a complaint[,] served pursuant to subdivision (a) of this section, the office of administrative trials and hearings acting pursuant to section 1049-a <https://codelibrary.amlegal.com/codes/newyorkcity/latest/NYCcharter/0-0-0-2841> of the charter shall award the complainant, out of the proceeds collected, [twenty-five percent] $125 of such proceeds, for disclosure of information or evidence, not in the possession of the department prior to the receipt of the complaint by the department, which leads to the imposition of the civil penalty.
(e) In any proceeding brought by a complainant pursuant to subdivision (a) of this section, such office shall award, out of the proceeds collected, [fifty percent] $150 of any civil penalty as fair and reasonable compensation to such person.
(f) Where a person sufficiently cures a violation in accordance with subdivision (f) of section 24-178 in response to the department issuing a notice of violation after receiving a complaint, the department shall award, out of the proceeds collected, $50 of such proceeds, for disclosure of information or evidence.
[(f) On or before January 1, 2019, the] (g) The department shall [publish on the city's website information related to best practices for filing citizen complaints pursuant to this section. Such information shall include but need not be limited to guidance on procedures for serving such complaints and for gathering supporting documentation.] promulgate rules relating to:
(1) the form in which complaints, as authorized by subdivision (a) of this section, must be served and the form in which evidence, as required by such subdivision, must be submitted, to the department to ensure the accuracy and reliability of such complaints, including, but not limited to: (A) prohibiting the submission of false, altered, or misleading evidence and evidence collected by persons other than the complainant; and (B) ensuring the integrity of proceedings commenced to enforce provisions of this code or rules promulgated by the commissioner; and
(2) the process the department will utilize to advise a person that a complaint or evidence has been rejected based on its failure to comply with the requirements set forth in rules promulgated pursuant to paragraph (1) of this subdivision.
(h) (1) No person who serves a complaint pursuant to this section upon the department shall:
(A) submit fraudulent or falsified evidence;
(B) assault a city employee or a potential respondent or such employee or respondent’s representative while attempting to gather evidence of, or submit a complaint regarding, a violation of section 24-163; or
(C) deliberately enter any portions of agency offices that are not otherwise open to the public without permission from a city employee.
(2) When a person fails to abide by the standards of conduct set forth in paragraph (1) of this subdivision, the commissioner may, upon notice to such person and a reasonable opportunity to be heard at the office of administrative trials and hearings, temporarily or permanently disqualify such person from serving complaints pursuant to this section. Such notice shall be sent by certified mail to the address provided in the records of the department for such person.
§ 5. This local law takes effect 120 days after it becomes law.
CCM/NNB
LS #11752/15673
Int. #0941-2024
6/8/2026 10:00 AM