Prohibits certain devices which enhance a vehicle's capacity to emit soot, smoke or other particulate emissions

6 Co-sponsors

• Michael Gianaris
• Timothy M. Kennedy
• Liz Krueger
• José Peralta
• Bill Perkins
• José M. Serrano

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

None, new bill.

Fiscal implications

None.

Effective date

This act shall take effect immediately.