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Committee hears bill to ban ‘rolling coal’ from diesel vehicles under 18,000 pounds

2260287 · February 11, 2025
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Summary

HB 441 would prohibit intentional modification of light diesel vehicle exhaust systems that emit excessive smoke. Sponsor said the measure protects public health and reduces black‑carbon emissions; the Department of Environmental Services said anti‑tampering statutes and opacity testing already exist but did not take a position.

Lede: The House Transportation Committee heard HB 441 on Feb. 17, which would ban intentional modification of diesel vehicle exhaust systems on vehicles under 18,000 pounds to emit thick black smoke commonly called “rolling coal.”

Nut graf: The sponsor framed the proposal as a public‑health and safety measure that would curb deliberate, visible emissions from modified light‑duty diesel vehicles. The Department of Environmental Services told the committee existing tampering rules and opacity testing tools are available, and that complaints can be filed for enforcement under current programs.

Representative Heath Howard, prime sponsor, told the committee the bill would prohibit the intentional alteration of exhaust systems on diesel vehicles under 18,000 pounds that “admit excessive smoke.” He cited public‑health concerns, noting diesel particulate (black carbon) can cause localized pollution and has an outsized near‑term global‑warming effect compared with CO2. Howard said the bill is intended to be a violation rather than a felony and would target deliberate acts to “ensure that individual actions do not undermine collective climate goals.”

Michael Fitzgerald, assistant director, Air Resources Division, Department of Environmental Services, said DES does not take a formal position on HB 441 but reminded the committee that federal and state anti‑tampering statutes and rules already prohibit tampering with emissions equipment. He cited an existing administrative rule (opacity/tampering provisions) and RSA provisions that allow the Department of Safety to conduct opacity testing on trucks and vehicles. Fitzgerald said the state’s emissions‑control program and complaint process provide existing routes for enforcement and that complaints can be filed with the state police.

Committee members asked technical questions about how long a plume of diesel smoke would linger and whether the practice requires exhaust modification. The sponsor and DES witnesses said plume persistence depends on the quantity and duration of the emission and that most rolling‑coal events require intentional modification or disabling of emissions controls.

Ending: The committee closed the hearing after receiving testimony from the sponsor and DES staff and indicated members would consider the relationship of the bill to current anti‑tampering rules and enforcement channels.