What's happening
This bill makes it a misdemeanor to install or use devices that increase diesel vehicle emissions of soot or smoke.
Why it matters
Targets both the installation and use. of devices that intentionally increase diesel vehicle emissions, addressing not just manufacturers or mechanics but also drivers who purposefully emit excess soot or smoke.
Creates a new misdemeanor offense. , meaning violators could face criminal charges, not just fines—potentially deterring “rolling coal” and similar behaviors with stronger legal consequences.
Aims to reduce harmful air pollution. on New York roads, which can improve public health by cutting down on particulate matter linked to respiratory and cardiovascular issues, especially in urban and densely trafficked areas.
Responds to growing concerns about environmental justice. , as excessive diesel emissions disproportionately affect communities near highways and high-traffic corridors, seeking to protect vulnerable populations from intentional pollution.
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Who cares
Headline styles
Ban Soot-Boosting Car Devices
Plain English, a few words. Used as the page title.
Sponsors
History
- Referred to transportation
- Referred to transportation
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
37
2017-2018 Regular Sessions
IN SENATE (Prefiled)
January 4, 2017
Introduced by Sens. HOYLMAN, GIANARIS, KENNEDY, KRUEGER, PERALTA, PERKINS, SERRANO -- read twice and ordered printed, and when printed to be committed to the Committee on Transportation
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
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 1 of section 375 of the vehicle and traffic law is amended by adding a new paragraph (f) to read as follows:
(f) 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.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05848-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
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.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.