BILL NUMBER: S38

SPONSOR: HOYLMAN
 
TITLE OF BILL:  An act to amend the vehicle and traffic law, in
relation to prohibiting certain devices which enhance a vehicle's capac-
ity 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 particu-
late 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 antagon-
ize and jeopardize the safety of other drivers, bicyclists, and pedes-
trians.

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 chil-
dren 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 carcinogen-
ic 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 hand-
ful 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 woulaconAitute 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.0037 of 2017-2018 (Hoylman): Died in Finance
S.8201 of 2016 (Hoylman): Died in Rules

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.