BILL NUMBER:  S37

 TITLE OF BILL :  An act to amend the vehicle and traffic law, in
relation to prohibiting certain devices which enhance a vehicle's
capacity to emit soot, smoke or other particulate emissions

 PURPOSE OR GENERAL IDEA OF BILL :

The purpose of this bill is to prohibit the practice of "rolling
coal," or retrofitting diesel-powered vehicles with equipment to
enhance the vehicle's capacity to blast out harmful soot, smoke, or
other particulate emissions.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1 of the bill adds a new paragraph (f) to subdivision 1 of
section 375 of the vehicle and traffic law stating that no person
shall retrofit any diesel-powered vehicle with any device, smoke
stack, or other equipment which enhances the vehicle's capacity to
emit soot, smoke, or other particulate emissions, or shall purposely
release significant quantities of soot, smoke, or other particulate
emissions into the air and onto roadways and other vehicles while
operating the vehicle. Any such violation shall be punishable as a
misdemeanor.

Section 2 of the bill provides the effective date.
              

 JUSTIFICATION :

The unfortunate trend of "rolling coal" by drivers of diesel vehicles
who remove their emissions controls to emit clouds of black smoke has
come under increasing scrutiny amid evidence that the trend is on the
rise. The practice of rolling coal has been reportedly used to
antagonize and jeopardize the safety of other drivers, bicyclists, and
pedestrians.

The science is clear on the health risks posed by diesel emissions.
The U.S. Environmental Protection Agency estimates that 15,000
Americans die prematurely every year due to exposure to diesel
emissions, with children and the elderly at the highest risk of
experiencing negative health impacts. In 2012, the World Health
Organization determined that diesel fumes are a known carcinogen
linked to lung cancer, and more carcinogenic than secondhand cigarette
smoke.

While the practice of rolling coal likely violates federal emissions
standards under the Clean Air Act, enforcement is difficult and states
have the ability to further restrict the practice. New Jersey passed a
law in 2015 explicitly banning the practice of rolling coal, and a
handful of other states are considering legislation to do the same.

Section 375 of the vehicle and traffic law is the section of law
pertaining to equipment that must be affixed or cannot be affixed to
motor vehicles. This bill would add a new paragraph to section 375
prohibiting equipment that would increase a vehicle's capacity to emit
diesel emissions. Violations of this new paragraph would constitute a
misdemeanor, punishable under section 1801 of the vehicle and traffic
law by a fine of up to $300 and/or imprisonment up to 30 days for a
first offense, a fine of up to $525 and/or imprisonment up to 90 days
for a second offense committed within 18 months, and a fine of up to
$1,125 and/or imprisonment up to 180 days for a third or subsequent
offense committed within 18 months.

 PRIOR LEGISLATIVE HISTORY :

S.8201 of 2016 (Hoylman): Died in Rules
 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect immediately.