NY State Senate Bill 2025-S7634

Current Bill Status - In Senate Committee Transportation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 24, 2025	referred to transportation

2025-S7634 (ACTIVE) - Details

Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §398-c, V & T L; add §19-0332, En Con L

2025-S7634 (ACTIVE) - Summary

Requires a certificate of compliance issued by the department of environmental conservation certifying that a motor vehicle repair shop located next to a school does not contain a coating line.

2025-S7634 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7634

SPONSOR: HOYLMAN-SIGAL
 
TITLE OF BILL:

An act to amend the vehicle and traffic law, in relation to the location
of a motor vehicle repair shop; and to amend the environmental conserva-
tion law, in relation to certifications

 
PURPOSE:

To provide that no motor vehicle repair shop that contains a coating
line may be located immediately adjacent to the real property boundary
of a school.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 provides that this act shall be known and may be cited as the
"fume-free schools act".

Section 2 amends the amends the vehicle and traffic law adding a new
subdivision 5, comprised of the following paragraphs:

5a) specifies that any registered motor vehicle repair shop that is
located immediately adjacent to the real property line of a school must
receive a certificate of compliance from the department of environmental
conservation.

5b) sets forth that any facility that is already registered under the
vehicle and traffic law by the effective date of this subdivision shall
present proof of an application for certificate of compliance to the
department of motor vehicles, or face penalties.

5c) sets forth that notification from the department of environmental
conservation to the department of motor vehicles that a motor vehicle
repair shop has operated next to a school without receiving a certif-
icate of compliance shall be grounds for penalties, including the revo-
cation or suspension of registration.

Section 3 amends the environmental conservation law by adding a new
section 19-0332, comprised of the following subdivisions:

1. empowers the commissioner to issue certificates of compliance to
motor vehicle repair shops immediately adjacent to the real property
boundary of a school to shops that do not contain a coating line.

2. defines the term "coating line."

3. empowers the department to issue a notice of non-compliance against
motor vehicle repair shops that have failed to apply for a certificate
of compliance under this section.

4. empowers the department to take enforcement action against motor
vehicle repair shops that violate this section.

5. sets forth that the department of environmental conservation shall
notify the department of motor vehicles of any violations of this
section.

Section 4 sets forth the effective date.

 
JUSTIFICATION:

Many shops that repair and maintain motor vehicles must submit environ-
mental report forms to the department of environmental conservation.
This is due to the use of coating and cleaning solvents, such as paint
or varnish. These surface coatings can generate air pollutants, which
can damage the health of people and the environment. Despite existing
air pollution standards for motor vehicle repair shops, dangerous fumes
and pollutants can still escape. For example, students and faculty at
Beacon High School on Manhattan's west side have complained of toxic
smells infiltrating the school building from a neighboring automobile
repair shop which, among other functions, paints automobiles. Despite
numerous inspections by state and city agencies, complaints have
persisted. On principle, sources of air pollution located next to
schools deserve greater scrutiny, given the uniquely vulnerable popu-
lations at risk.  Given the emissions from coating lines, autorepair
shops located next to schools should receive this enhanced scrutiny.

This bill would apply targeted, common-sense regulations to autorepair
shops located directly next to school buildings to ensure no toxic air
pollutants can disrupt students' learning and harm their health.

 
LEGISLATIVE HISTORY:

None

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
This act shall take effect 90 days after it shall have become a law.

2025-S7634 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7634
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                              April 24, 2025
                                ___________
 
 Introduced  by Sen. HOYLMAN-SIGAL -- 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 the location
   of a motor vehicle repair shop; and to amend the environmental conser-
   vation law, in relation to certifications

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "fume-free schools act".
   § 2. Section 398-c of the vehicle and traffic law is amended by adding
 a new subdivision 5 to read as follows:
   5. (A) NO FACILITY RECEIVING A CERTIFICATE OF REGISTRATION UNDER  THIS
 SECTION SHALL BE LOCATED IMMEDIATELY ADJACENT TO THE REAL PROPERTY BOUN-
 DARY LINE OF A BUILDING OCCUPIED EXCLUSIVELY AS A SCHOOL WITHOUT RECEIV-
 ING  A  CERTIFICATE  OF  COMPLIANCE FROM THE DEPARTMENT OF ENVIRONMENTAL
 CONSERVATION UNDER SECTION 19-0332  OF  THE  ENVIRONMENTAL  CONSERVATION
 LAW.
   (B) ANY FACILITY THAT HAS RECEIVED A CERTIFICATE OF REGISTRATION UNDER
 THIS  CHAPTER ON OR BEFORE THE EFFECTIVE DATE OF THIS SUBDIVISION AND IS
 LOCATED IMMEDIATELY ADJACENT TO THE REAL PROPERTY  BOUNDARY  LINE  OF  A
 BUILDING  OCCUPIED  EXCLUSIVELY  AS  A  SCHOOL MUST PRESENT PROOF TO THE
 DEPARTMENT OF AN APPLICATION  FOR  A  CERTIFICATE  OF  COMPLIANCE  UNDER
 SECTION 19-0332 OF THE ENVIRONMENTAL CONSERVATION LAW WITHIN ONE WEEK OF
 THE  EFFECTIVE  DATE OF THIS SUBDIVISION. FAILURE TO PRESENT PROOF OF AN
 APPLICATION FOR A CERTIFICATE OF COMPLIANCE TO  THE  DEPARTMENT  BY  THE
 MANDATED  DEADLINE,  FOLLOWING  A WARNING BY THE DEPARTMENT TO THE MOTOR
 VEHICLE REPAIR SHOP, SHALL BE GROUNDS FOR THE SUSPENSION  OR  REVOCATION
 OF  REGISTRATION  OF THE MOTOR VEHICLE REPAIR SHOP AND THE ASSESSMENT OF
 CIVIL PENALTIES BY THE COMMISSIONER OR PERSON DULY DEPUTIZED BY THEM.
   (C) NOTIFICATION FROM THE  DEPARTMENT  OF  ENVIRONMENTAL  CONSERVATION
 THAT  A  MOTOR  VEHICLE  REPAIR SHOP HAS VIOLATED SECTION 19-0332 OF THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04899-01-5

 S. 7634                             2
 
 ENVIRONMENTAL CONSERVATION LAW SHALL BE GROUNDS FOR  THE  SUSPENSION  OR
 REVOCATION  OF REGISTRATION OF THE MOTOR VEHICLE REPAIR SHOP AND ASSESS-
 MENT OF CIVIL PENALTIES BY THE COMMISSIONER OR PERSON DULY DEPUTIZED  BY
 THEM.
   §  3.  The  environmental  conservation law is amended by adding a new
 section 19-0332 to read as follows:
 § 19-0332. CERTIFICATES OF COMPLIANCE FOR PURPOSES OF  THE  VEHICLE  AND
              TRAFFIC LAW.
   1.  FOR  THE  PURPOSES  OF  SECTIONS  THREE HUNDRED NINETY-EIGHT-C AND
 SECTION THREE HUNDRED NINETY-EIGHT-D OF THE VEHICLE AND TRAFFIC LAW, THE
 COMMISSIONER OR THE COMMISSIONER'S DESIGNATED REPRESENTATIVE  IS  HEREBY
 AUTHORIZED  TO ISSUE CERTIFICATES OF COMPLIANCE FOR MOTOR VEHICLE REPAIR
 SHOPS IMMEDIATELY ADJACENT TO THE  REAL  PROPERTY  BOUNDARY  LINE  OF  A
 BUILDING  OCCUPIED EXCLUSIVELY AS A SCHOOL. NO SUCH CERTIFICATE SHALL BE
 ISSUED UNLESS THE FACILITY TO WHICH IT IS APPLICABLE  IS  IN  COMPLIANCE
 WITH  SECTION  THREE  HUNDRED  NINETY-EIGHT-D OF THE VEHICLE AND TRAFFIC
 LAW. THE CERTIFICATE OF COMPLIANCE SHALL AFFIRM THAT THE  MOTOR  VEHICLE
 REPAIR SHOP DOES NOT CONTAIN A COATING LINE.
   2.  FOR  THE  PURPOSES  OF THIS SECTION, "COATING LINE" SHALL MEAN THE
 APPLICATION OF ONE OR MORE SURFACE COATINGS, USING ONE OR MORE  APPLICA-
 TORS,  TOGETHER  WITH  ANY  ASSOCIATED DRYING OR CURING AREAS.  "SURFACE
 COATING" SHALL MEAN A MATERIAL APPLIED ONTO OR IMPREGNATED INTO A  SUBS-
 TRATE FOR PROTECTIVE, DECORATIVE, OR FUNCTIONAL PURPOSES. SUCH MATERIALS
 INCLUDE,  BUT  ARE  NOT LIMITED TO: PAINTS, VARNISHES, PRIMERS, SEALERS,
 ADHESIVES, INKS AND MASKANTS.
   3. UPON A DETERMINATION BY THE DEPARTMENT THAT A MOTOR VEHICLE  REPAIR
 SHOP THAT IS REQUIRED TO APPLY FOR A CERTIFICATE OF COMPLIANCE UNDER THE
 VEHICLE  AND  TRAFFIC  LAW HAS NOT DONE SO, THE DEPARTMENT SHALL ISSUE A
 NOTICE OF NON-COMPLIANCE TO THE MOTOR VEHICLE REPAIR SHOP. THE NOTICE OF
 NON-COMPLIANCE SHALL CLEARLY STATE THE DEADLINE BY WHICH THE MOTOR VEHI-
 CLE REPAIR SHOP MUST APPLY FOR A CERTIFICATE OF COMPLIANCE IN  ORDER  TO
 NOT BE FOUND IN VIOLATION OF THIS SECTION.
   4.  UPON  DETERMINATION OF A VIOLATION OF THIS SECTION, IN ADDITION TO
 TAKING ANY ENFORCEMENT ACTION AUTHORIZED UNDER THIS CHAPTER, THE DEPART-
 MENT SHALL NOTIFY THE DEPARTMENT OF MOTOR VEHICLES OF THE VIOLATION.
   5. UPON A DENIAL OF AN APPLICATION FOR A CERTIFICATE OF COMPLIANCE  BY
 THE  DEPARTMENT,  THE  DEPARTMENT  SHALL  NOTIFY THE DEPARTMENT OF MOTOR
 VEHICLES OF SUCH DENIAL.
   § 4. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.

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Senate Bill S7634

Sponsored By

Current Bill Status - In Senate Committee Transportation Committee

2025-S7634 (ACTIVE) - Details

2025-S7634 (ACTIVE) - Summary

2025-S7634 (ACTIVE) - Sponsor Memo

2025-S7634 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S7634

Share this bill

Sponsored By

Brad Hoylman-Sigal

Current Bill Status - In Senate Committee Transportation Committee

2025-S7634 (ACTIVE) - Details

2025-S7634 (ACTIVE) - Summary

2025-S7634 (ACTIVE) - Sponsor Memo

2025-S7634 (ACTIVE) - Bill Text download pdf

Comments