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.

Statutes affected:
S7634: 398-c vehicle and traffic law