STATE OF NEW YORK ________________________________________________________________________ 8068 IN SENATE January 24, 2022 ___________ 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 25 recycling or rebuilding, a used catalytic converter from any person, 26 entity or secondary metals recycler unless: (a) such secondary metals 27 recycler obtains a used catalytic converter transactions permit issued EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD13419-01-1S. 8068 2 1 pursuant to subdivision seven of this section for such transactions; and 2 (b) the entity that the secondary metals recycler obtains the used cata- 3 lytic converter from is a holder of a valid used catalytic converter 4 transactions permit or the person or entity can provide the information 5 required in subdivision four of this section. 6 4. A person or entity shall not sell or transfer a used catalytic 7 converter to a secondary metals recycler unless such person or entity 8 whose name a certificate of title or other ownership document has been 9 issued for the vehicle from which the used catalytic converter was 10 removed provides such certificate or title to the secondary metals recy- 11 cler and a document with the following information: 12 (a) name of the person or entity that removed the used catalytic 13 converter; 14 (b) contact information of the person or entity that removed the used 15 catalytic converter, if available; 16 (c) the make and model of the vehicle from which the used catalytic 17 converter was removed; 18 (d) the vehicle identification number of the vehicle from which the 19 used catalytic converter was removed; and 20 (e) the part number or other identifying number of the used catalytic 21 converter that was removed. 22 5. Each sale, purchase or transfer of a used catalytic converter shall 23 occur at the secondary metals recycler's place of business. 24 6. Any documentation created during the sale, purchase or transfer of 25 a used catalytic converter including, but not limited to a receipt and 26 the documentation required in subdivision four of this section shall be 27 retained by a secondary metals recycler for a period of one year from 28 the date of such sale, purchase or transfer. A fine of five thousand 29 dollars may be incurred for each violation of this subdivision. 30 7. An application for a catalytic converter transactions permit shall 31 be made to the commissioner on a form and for a fee prescribed by him or 32 her which shall contain the name and address of the applicant and the 33 names and addresses of all persons having a financial interest in the 34 secondary metals recycler. Such used catalytic converter transactions 35 permit shall be renewed annually for a fee prescribed by the commission- 36 er. 37 8. A person or the owner or owners of an entity or secondary metals 38 recycler who is in possession of a used catalytic converter in violation 39 of subdivisions three and four of this section shall be guilty of a: 40 (a) class A misdemeanor and shall be fined not more than two thousand 41 five hundred dollars for the first offense per each used catalytic 42 converter in his or her possession; 43 (b) class A misdemeanor and shall be fined not more than five thousand 44 dollars for the second offense per each used catalytic converter in his 45 or her possession; and 46 (c) class E felony and shall be fined not more than fifteen thousand 47 dollars for the third offense and any offense thereafter per each used 48 catalytic converter in his or her possession. 49 9. The owner or owners of a secondary metals recycler who purchases a 50 used catalytic converter without a valid used catalytic converter trans- 51 actions permit in violation of subdivision three of this section shall 52 be guilty of a: 53 (a) class A misdemeanor and shall be fined not more than ten thousand 54 dollars for the first offense per each used catalytic converter 55 purchased;S. 8068 3 1 (b) class A misdemeanor and shall be fined not more than twenty-five 2 thousand dollars for the second offense per each used catalytic convert- 3 er purchased; and 4 (c) class E felony and shall be fined not more than fifty thousand 5 dollars for the third offense and any offense thereafter per each used 6 catalytic converter purchased. 7 10. The owner or owners of a secondary metals recycler who purchases a 8 used catalytic converter without being provided the required documenta- 9 tion in violation of subdivision four of this section shall be guilty of 10 a: 11 (a) class A misdemeanor and shall be fined not more than ten thousand 12 dollars for the first offense per each used catalytic converter 13 purchased; 14 (b) class A misdemeanor and shall be fined not more than twenty-five 15 thousand dollars for the second offense per each used catalytic convert- 16 er purchased; and 17 (c) class E felony and shall be fined not more than fifty thousand 18 dollars for the third offense and any offense thereafter per each used 19 catalytic converter purchased. 20 11. The commissioner shall prescribe such rules and regulations as he 21 or she shall deem necessary to carry out the provisions of this section. 22 § 2. This act shall take effect on the one hundred eightieth day after 23 it shall have become a law. Effective immediately, the addition, amend- 24 ment and/or repeal of any rule or regulation necessary for the implemen- 25 tation of this act on its effective date are authorized to be made on or 26 before such date.