Bill Summary for S 902 (2021-2022)

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Summary date: 

May 27 2022

Bill Information:

View NCGA Bill Details2021
Senate Bill 902 (Public) Filed Thursday, May 26, 2022
AN ACT PROHIBITING MODIFICATIONS ENABLING ILLEGAL EMISSIONS ON DIESEL-POWERED MOTOR VEHICLES, DEFINING AND CRIMINALIZING "COAL ROLLING," AND REQUIRING LAW ENFORCEMENT OFFICERS TO UNDERGO TRAINING TO DEVELOP THE ABILITY TO PROPERLY IDENTIFY ILLEGAL MOTOR VEHICLE EMISSIONS.
Intro. by Marcus, Garrett, Mayfield.

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Bill summary

Identical to H 1142, filed 5/26/22.

Amends GS 20-128, enacting a new subsection to prohibit persons from modifying a diesel-powered motor vehicle with a device that temporarily or permanently enables emission of visible air contaminants that exceeds the limits of state law, or coal rolling. Regarding the required safety inspection of a vehicle's exhaust and emissions control devices pursuant to GS 20-183.3, requires inspections of diesel-powered vehicles to include a determination that the vehicle is not in violation of new GS 20-128(e). Applies to vehicles inspected or due to be inspected on or after October 1, 2022.

Enacts GS 20-128.1A, making it a Class A1 misdemeanor to commit coal rolling. Defines coal rolling as operating a diesel-powered motor vehicle, causing an emission of visible air contaminants with the intent to (1) cause a reasonable person to feel harassed, annoyed, or alarmed; (2) obstruct or obscure another person's view of the roadway or a traffic control device; or (3) create a hazard to a vehicle operator, bicyclist, or pedestrian. Applies to offenses committed on or after December 1, 2022.

Amends GS 17C-6 relating to the North Carolina Criminal Justice Education and Training Standards Commission, and GS 17E-4 relating to the North Carolina Sheriffs' Education and Training Standards Commission, to require that the minimum training standards established by the Commissions for criminal justice officers and justice offers include training to develop the ability to identify violations of GS 20-128 and GS 20-128.1A, as enacted, with eight hours of such training required annually. Applies to applications for law enforcement certification filed on or after January 1, 2023.

Appropriates $25,000 from the Highway Fund to the Department of Transportation, Division of Motor Vehicles for 2022-23 to implement the act's emission inspections standard and educate the public regarding the act. Effective July 1, 2022.