STATE OF NEW YORK ________________________________________________________________________ 1560 2023-2024 Regular Sessions IN SENATE January 12, 2023 ___________ Introduced by Sen. ADDABBO -- 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 restrictions and penalties for certain transactions involving used catalytic converters The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The vehicle and traffic law is amended by adding a new 2 section 415-d to read as follows: 3 § 415-d. Regulation of used catalytic converters. 1. As used in this 4 section: 5 (a) "Used catalytic converter" means a catalytic converter or other 6 equipment or feature constituting an operational element of a motor 7 vehicle's air pollution control system or mechanism required by federal 8 or state law or by any rules or regulations promulgated pursuant there- 9 to, as amended that was previously installed in a vehicle and which has 10 been removed from such vehicle in whole or in part including the non- 11 ferrous metal components from a used catalytic converter. 12 (b) "Secondary metals recycler" means a vehicle dismantler, salvage 13 pool, mobile car crusher, itinerant vehicle collector or scrap processor 14 as such terms are defined in section four hundred fifteen-a of this 15 article. 16 (c) "Used catalytic converter transactions permit" means a permit 17 issued by the commissioner which permits the holder of such permit to 18 carry out transactions including, but not limited to possessing, sell- 19 ing, or purchasing used catalytic converters. 20 2. No person, entity or secondary metals recycler shall purchase, 21 sell, take possession of or transfer a used catalytic converter except 22 as provided in this section. 23 3. A secondary metals recycler shall not purchase, take possession of, 24 transfer or sell, including, but not limited to for the purposes of EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04643-01-3
S. 1560 2 1 recycling or rebuilding, a used catalytic converter from any person, 2 entity or secondary metals recycler unless: (a) such secondary metals 3 recycler obtains a used catalytic converter transactions permit issued 4 pursuant to subdivision seven of this section for such transactions; and 5 (b) the entity that the secondary metals recycler obtains the used cata- 6 lytic converter from is a holder of a valid used catalytic converter 7 transactions permit or the person or entity can provide the information 8 required in subdivision four of this section. 9 4. A person or entity shall not sell or transfer a used catalytic 10 converter to a secondary metals recycler unless such person or entity 11 whose name a certificate of title or other ownership document has been 12 issued for the vehicle from which the used catalytic converter was 13 removed provides such certificate or title to the secondary metals recy- 14 cler and a document with the following information: 15 (a) name of the person or entity that removed the used catalytic 16 converter; 17 (b) contact information of the person or entity that removed the used 18 catalytic converter, if available; 19 (c) the make and model of the vehicle from which the used catalytic 20 converter was removed; 21 (d) the vehicle identification number of the vehicle from which the 22 used catalytic converter was removed; and 23 (e) the part number or other identifying number of the used catalytic 24 converter that was removed. 25 5. Each sale, purchase or transfer of a used catalytic converter shall 26 occur at the secondary metals recycler's place of business. 27 6. Any documentation created during the sale, purchase or transfer of 28 a used catalytic converter including, but not limited to a receipt and 29 the documentation required in subdivision four of this section shall be 30 retained by a secondary metals recycler for a period of one year from 31 the date of such sale, purchase or transfer. A fine of five thousand 32 dollars may be incurred for each violation of this subdivision. 33 7. An application for a catalytic converter transactions permit shall 34 be made to the commissioner on a form and for a fee prescribed by him or 35 her which shall contain the name and address of the applicant and the 36 names and addresses of all persons having a financial interest in the 37 secondary metals recycler. Such used catalytic converter transactions 38 permit shall be renewed annually for a fee prescribed by the commission- 39 er. 40 8. A person or the owner or owners of an entity or secondary metals 41 recycler who is in possession of a used catalytic converter in violation 42 of subdivisions three and four of this section shall be guilty of a: 43 (a) class A misdemeanor and shall be fined not more than two thousand 44 five hundred dollars for the first offense per each used catalytic 45 converter in his or her possession; 46 (b) class A misdemeanor and shall be fined not more than five thousand 47 dollars for the second offense per each used catalytic converter in his 48 or her possession; and 49 (c) class E felony and shall be fined not more than fifteen thousand 50 dollars for the third offense and any offense thereafter per each used 51 catalytic converter in his or her possession. 52 9. The owner or owners of a secondary metals recycler who purchases a 53 used catalytic converter without a valid used catalytic converter trans- 54 actions permit in violation of subdivision three of this section shall 55 be guilty of a:
S. 1560 3 1 (a) class A misdemeanor and shall be fined not more than ten thousand 2 dollars for the first offense per each used catalytic converter 3 purchased; 4 (b) class A misdemeanor and shall be fined not more than twenty-five 5 thousand dollars for the second offense per each used catalytic convert- 6 er purchased; and 7 (c) class E felony and shall be fined not more than fifty thousand 8 dollars for the third offense and any offense thereafter per each used 9 catalytic converter purchased. 10 10. The owner or owners of a secondary metals recycler who purchases a 11 used catalytic converter without being provided the required documenta- 12 tion in violation of subdivision four of this section shall be guilty of 13 a: 14 (a) class A misdemeanor and shall be fined not more than ten thousand 15 dollars for the first offense per each used catalytic converter 16 purchased; 17 (b) class A misdemeanor and shall be fined not more than twenty-five 18 thousand dollars for the second offense per each used catalytic convert- 19 er purchased; and 20 (c) class E felony and shall be fined not more than fifty thousand 21 dollars for the third offense and any offense thereafter per each used 22 catalytic converter purchased. 23 11. The commissioner shall prescribe such rules and regulations as he 24 or she shall deem necessary to carry out the provisions of this section. 25 § 2. This act shall take effect on the one hundred eightieth day after 26 it shall have become a law. Effective immediately, the addition, amend- 27 ment and/or repeal of any rule or regulation necessary for the implemen- 28 tation of this act on its effective date are authorized to be made on or 29 before such date.