S 7634: 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.

  
  STATE OF NEW YORK ________________________________________________________________________ 7634 2025-2026 Regular Sessions  IN SENATE 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: 1 Section 1. Short title. This act shall be known and may be cited as 2 the "fume-free schools act". 3 § 2. Section 398-c of the vehicle and traffic law is amended by adding 4 a new subdivision 5 to read as follows: 5 5. (a) No facility receiving a certificate of registration under this 6 section shall be located immediately adjacent to the real property boun- 7 dary line of a building occupied exclusively as a school without receiv- 8 ing a certificate of compliance from the department of environmental 9 conservation under section 19-0332 of the environmental conservation 10 law. 11 (b) Any facility that has received a certificate of registration under 12 this chapter on or before the effective date of this subdivision and is 13 located immediately adjacent to the real property boundary line of a 14 building occupied exclusively as a school must present proof to the 15 department of an application for a certificate of compliance under 16 section 19-0332 of the environmental conservation law within one week of 17 the effective date of this subdivision. Failure to present proof of an 18 application for a certificate of compliance to the department by the 19 mandated deadline, following a warning by the department to the motor 20 vehicle repair shop, shall be grounds for the suspension or revocation 21 of registration of the motor vehicle repair shop and the assessment of 22 civil penalties by the commissioner or person duly deputized by them. 23 (c) Notification from the department of environmental conservation 24 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 1 environmental conservation law shall be grounds for the suspension or 2 revocation of registration of the motor vehicle repair shop and assess- 3 ment of civil penalties by the commissioner or person duly deputized by 4 them. 5 § 3. The environmental conservation law is amended by adding a new 6 section 19-0332 to read as follows: 7 § 19-0332. Certificates of compliance for purposes of the vehicle and 8 traffic law. 9 1. For the purposes of sections three hundred ninety-eight-c and 10 section three hundred ninety-eight-d of the vehicle and traffic law, the 11 commissioner or the commissioner's designated representative is hereby 12 authorized to issue certificates of compliance for motor vehicle repair 13 shops immediately adjacent to the real property boundary line of a 14 building occupied exclusively as a school. No such certificate shall be 15 issued unless the facility to which it is applicable is in compliance 16 with section three hundred ninety-eight-d of the vehicle and traffic 17 law. The certificate of compliance shall affirm that the motor vehicle 18 repair shop does not contain a coating line. 19 2. For the purposes of this section, "coating line" shall mean the 20 application of one or more surface coatings, using one or more applica- 21 tors, together with any associated drying or curing areas. "Surface 22 coating" shall mean a material applied onto or impregnated into a subs- 23 trate for protective, decorative, or functional purposes. Such materials 24 include, but are not limited to: paints, varnishes, primers, sealers, 25 adhesives, inks and maskants. 26 3. Upon a determination by the department that a motor vehicle repair 27 shop that is required to apply for a certificate of compliance under the 28 vehicle and traffic law has not done so, the department shall issue a 29 notice of non-compliance to the motor vehicle repair shop. The notice of 30 non-compliance shall clearly state the deadline by which the motor vehi- 31 cle repair shop must apply for a certificate of compliance in order to 32 not be found in violation of this section. 33 4. Upon determination of a violation of this section, in addition to 34 taking any enforcement action authorized under this chapter, the depart- 35 ment shall notify the department of motor vehicles of the violation. 36 5. Upon a denial of an application for a certificate of compliance by 37 the department, the department shall notify the department of motor 38 vehicles of such denial. 39 § 4. This act shall take effect on the ninetieth day after it shall 40 have become a law.