S T A T E O F N E W Y O R K
________________________________________________________________________
1948
2023-2024 Regular Sessions
I N S E N A T E
January 17, 2023
___________
Introduced by Sens. HOYLMAN-SIGAL, MANNION -- read twice and ordered
printed, and when printed to be committed to the Committee on Environ-
mental Conservation
AN ACT to amend the environmental conservation law, in relation to
prohibiting the disabling, removal or interference with emission
control devices; and to amend the environmental conservation law and
the vehicle and traffic law, in relation to prohibiting the use of
emission tampering devices and providing remedies for the violation of
such provisions
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. This act may be known and may be cited as the "emission
tampering act of 2023".
§ 2. Article 19 of the environmental conservation law is amended by
adding a new title 13 to read as follows:
TITLE 13
EMISSION TAMPERING
SECTION 19-1301. STATEMENT OF FINDINGS.
19-1303. DEFINITIONS.
19-1305. PROHIBITIONS.
19-1307. EMISSION INSPECTIONS AND REPORTING.
19-1309. ENFORCEMENT.
§ 19-1301. STATEMENT OF FINDINGS.
1. EMISSION CONTROL DEVICES INSTALLED BY MANUFACTURERS OF DIESEL-POW-
ERED HEAVY DUTY VEHICLES ARE ESSENTIAL TO LIMITING THE EMISSION OF AIR
POLLUTANTS FROM SUCH VEHICLES, PROTECTING THE PUBLIC HEALTH FROM THE
ADVERSE HEALTH EFFECTS OF THOSE POLLUTANTS, AND MAINTAINING THE STATE'S
ABILITY TO MEET THE GREENHOUSE GAS REDUCTION TARGETS SET FORTH IN THE
CLIMATE CHANGE AND COMMUNITY LEADERSHIP ACT.
2. THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY HAS DETERMINED
THAT EMISSION CONTROLS HAVE BEEN REMOVED FROM OVER ONE-HALF MILLION
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04839-01-3
S. 1948 2
HEAVY DUTY VEHICLES IN THE LAST DECADE, RESULTING IN MORE THAN ONE-HALF
MILLION TONS OF EXCESS NITROGEN OXIDES AND FIVE THOUSAND TONS OF EXCESS
PARTICULATE MATTER BEING EMITTED FROM THOSE VEHICLES.
3. THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY HAS ESTIMATED
THAT IN NEW YORK MORE THAN THIRTEEN THOUSAND HEAVY DUTY VEHICLES HAVE
DISABLED OR REMOVED EMISSION CONTROLS, RESULTING IN EXCESS EMISSIONS OF
OVER THIRTEEN THOUSAND TONS OF NITROGEN OXIDES AND OVER ONE HUNDRED TONS
OF PARTICULATE MATTER.
4. THE TAMPERING WITH, DISABLING, OR REMOVAL OF EMISSION CONTROLS IN
DIESEL-POWERED MOTOR VEHICLES POSES A SERIOUS THREAT TO THE HEALTH OF
THE CITIZENS OF NEW YORK STATE.
§ 19-1303. DEFINITIONS.
AS USED IN THIS TITLE:
1. "AFTERMARKET DEFEAT DEVICE" MEANS A PART OR COMPONENT INTENDED FOR
USE WITH, OR AS PART OF, ANY MOTOR VEHICLE OR MOTOR VEHICLE ENGINE WHERE
A PRINCIPAL EFFECT OF THE PART OR COMPONENT IS TO BYPASS, DEFEAT, ALTER
OR RENDER INOPERATIVE ANY DEVICE OR ELEMENT OF DESIGN INSTALLED ON OR IN
A MOTOR VEHICLE OR MOTOR VEHICLE ENGINE IN COMPLIANCE WITH ANY REQUIRE-
MENT OF THE FEDERAL CLEAN AIR ACT OR OF THIS TITLE.
2. "HEAVY DUTY VEHICLE" MEANS A HEAVY DUTY VEHICLE AS DEFINED IN
SUBDIVISION ONE OF SECTION 19-0320 OF THIS ARTICLE.
3. "MOTOR VEHICLE" MEANS A MOTOR VEHICLE AS DEFINED IN SECTION ONE
HUNDRED TWENTY-FIVE OF THE VEHICLE AND TRAFFIC LAW.
4. "TAMPER" MEANS TO REMOVE OR RENDER INOPERATIVE OR INACCURATE ANY
DEVICE OR ELEMENT OF DESIGN INSTALLED ON OR IN A MOTOR VEHICLE OR MOTOR
VEHICLE ENGINE IN COMPLIANCE WITH ANY REQUIREMENT OF THE FEDERAL CLEAN
AIR ACT OR OF THIS ARTICLE.
§ 19-1305. PROHIBITIONS.
1. IT SHALL BE UNLAWFUL FOR ANY PERSON TO TAMPER WITH A MOTOR VEHICLE.
2. NO PERSON SHALL SELL, OFFER FOR SALE OR DISTRIBUTE AN AFTERMARKET
DEFEAT DEVICE.
3. IT SHALL BE UNLAWFUL FOR ANY PERSON TO POSSESS, INSTALL OR ATTEMPT
TO INSTALL AN AFTERMARKET DEFEAT DEVICE.
4. A VIOLATION OF THIS SECTION SHALL BE PUNISHABLE BY A CIVIL PENALTY
OF NOT LESS THAN ONE THOUSAND DOLLARS AND NOT MORE THAN FIVE THOUSAND
DOLLARS FOR THE FIRST VIOLATION AND NOT LESS THAN TWO THOUSAND AND NOT
MORE THAN TEN THOUSAND DOLLARS FOR THE SECOND AND EACH SUBSEQUENT
VIOLATION BY THE COURT OR ADMINISTRATIVE TRIBUNAL BEFORE WHICH THE
SUMMONS OR APPEARANCE TICKET IS RETURNABLE.
§ 19-1307. EMISSION INSPECTIONS AND REPORTING.
1. NO LATER THAN ONE HUNDRED EIGHTY DAYS AFTER THE EFFECTIVE DATE OF
THIS TITLE, THE DEPARTMENT, JOINTLY WITH THE DEPARTMENT OF MOTOR VEHI-
CLES AND DEPARTMENT OF TRANSPORTATION, SHALL MODIFY THE ANNUAL
INSPECTION AND ROADSIDE PROGRAM ESTABLISHED BY SUBDIVISION TWO OF
SECTION 19-0320 OF THIS ARTICLE AND THE ENHANCED INSPECTION AND MAINTE-
NANCE PROGRAM GOVERNED BY 6 NYCRR PART 217 TO REQUIRE THAT EACH VEHICLE
IS VISUALLY INSPECTED FOR THE PRESENCE OF AN AFTERMARKET DEFEAT DEVICE.
2. THE OWNER OR OPERATOR OF A MOTOR VEHICLE THAT, AS A RESULT OF AN
INSPECTION, IS DETERMINED TO HAVE AN AFTERMARKET DEFEAT DEVICE, SHALL
REMOVE OR CAUSE TO BE REMOVED SUCH DEVICE WITHIN TEN BUSINESS DAYS OF
THE DATE OF THE INSPECTION AND SHALL PROVIDE WRITTEN PROOF OF SUCH
REMOVAL IN A FORM ACCEPTABLE TO THE DEPARTMENT, SUCH PROOF TO BE SUBMIT-
TED TO THE DEPARTMENT WITHIN FIFTEEN BUSINESS DAYS OF THE DATE OF THE
INSPECTION.
3. FAILURE BY THE OWNER OR OPERATOR OF A MOTOR VEHICLE TO REMOVE OR
CAUSE TO BE REMOVED AN AFTERMARKET DEFEAT DEVICE AND PROVIDE WRITTEN
S. 1948 3
PROOF THEREOF TO THE DEPARTMENT SHALL SUBJECT SUCH PERSON TO A CIVIL
PENALTY OF NOT LESS THAN ONE THOUSAND DOLLARS AND NOT MORE THAN FIVE
THOUSAND DOLLARS.
4. NO LATER THAN ONE HUNDRED EIGHTY DAYS AFTER THE EFFECTIVE DATE OF
THIS TITLE, THE DEPARTMENT SHALL PREPARE AND MAKE AVAILABLE TO VEHICLE
EMISSION INSPECTION STATIONS:
A. A WRITTEN NOTICE SETTING FORTH THE REMOVAL AND WRITTEN PROOF
REQUIREMENTS RELATING TO AFTERMARKET DEFEAT DEVICES AND THE PENALTIES
FOR FAILING TO COMPLY WITH SUCH REQUIREMENTS FOR DISTRIBUTION TO OWNERS
OR OPERATORS OF MOTOR VEHICLES CONTAINING AFTERMARKET DEFEAT DEVICES;
AND
B. A FORM CONSTITUTING WRITTEN PROOF OF REMOVAL OF AN AFTERMARKET
DEFEAT DEVICE.
5. ANY PERSON CONDUCTING AN INSPECTION OF A MOTOR VEHICLE WHO DETER-
MINES THAT THE VEHICLE CONTAINS AN AFTERMARKET DEFEAT DEVICE SHALL
PROMPTLY INFORM THE OWNER OR OPERATOR OF THE VEHICLE OF THE PRESENCE OF
THE DEVICE AND INFORM SUCH OWNER OR OPERATOR OF THE REMOVAL AND WRITTEN
PROOF REQUIREMENTS OF THIS SECTION. SUCH INFORMATION MAY BE PROVIDED BY
WRITTEN NOTICE IN SUCH FORM AS PREPARED BY THE DEPARTMENT.
§ 19-1309. ENFORCEMENT.
THE DEPARTMENT AND THE ATTORNEY GENERAL ARE HEREBY AUTHORIZED TO
ENFORCE THE PROVISIONS OF THIS TITLE AND ALL MONIES COLLECTED SHALL BE
DEPOSITED TO THE CREDIT OF THE ENVIRONMENTAL PROTECTION FUND ESTABLISHED
PURSUANT TO SECTION NINETY-TWO-S OF THE STATE FINANCE LAW. THE
PROVISIONS OF SECTION 19-1305 OF THIS TITLE MAY BE ENFORCED BY A COUNTY,
CITY, TOWN OR VILLAGE PROVIDED THE LOCAL LEGISLATIVE BODY THEREOF MAY
ADOPT LOCAL LAWS, ORDINANCES OR REGULATIONS CONSISTENT WITH THIS TITLE
PROVIDING FOR THE ENFORCEMENT OF SUCH PROVISIONS.
§ 3. Subdivision 28-a of section 375 of the vehicle and traffic law,
as added by chapter 1026 of the laws of 1971, is amended to read as
follows:
28-a. (A) Except as permitted or authorized by law, no person shall
remove, dismantle or otherwise cause to be inoperative any equipment or
feature constituting an operational element of a motor vehicle's air
pollution control system or mechanism required by federal or state law
or by any rules or regulations promulgated pursuant thereto.
(B) EXCEPT AS PERMITTED OR AUTHORIZED BY LAW, NO REGISTERED OWNER
SHALL PERMIT A MOTOR VEHICLE FUELED WITH DIESEL FUEL TO BE OPERATED WITH
AN AFTERMARKET DEFEAT DEVICE, NOR SHALL A REGISTERED OWNER POSSESS,
INSTALL, OR ATTEMPT TO INSTALL AN AFTERMARKET DEFEAT DEVICE.
(C) AS USED IN THIS SUBDIVISION, "AFTERMARKET DEFEAT DEVICE" SHALL
MEAN A PART OR COMPONENT INTENDED FOR USE WITH, OR AS PART OF, ANY MOTOR
VEHICLE OR MOTOR VEHICLE ENGINE WHERE A PRINCIPAL EFFECT OF THE PART OR
COMPONENT IS TO BYPASS, DEFEAT, ALTER OR RENDER INOPERATIVE ANY DEVICE
OR ELEMENT OF DESIGN INSTALLED ON OR IN A MOTOR VEHICLE OR MOTOR VEHICLE
ENGINE IN COMPLIANCE WITH ANY REQUIREMENT OF THE FEDERAL CLEAN AIR ACT,
THE ENVIRONMENTAL CONSERVATION LAW, OR OF THIS ARTICLE.
(D) A PERSON CONVICTED OF A VIOLATION OF THIS SUBDIVISION SHALL, FOR A
FIRST VIOLATION THEREOF WITH RESPECT TO A PARTICULAR MOTOR VEHICLE, BE
PUNISHED BY A FINE OF SEVEN HUNDRED FIFTY DOLLARS. SUCH FINE MAY NOT BE
WAIVED, SUSPENDED OR IN ANY OTHER MANNER NOT LEVIED, EXCEPT THAT FOUR
HUNDRED FIFTY DOLLARS OF SUCH FINE MAY BE WAIVED UPON SUBMISSION OF
ACCEPTABLE EVIDENCE PRIOR TO THE FINAL DETERMINATION OF THE VIOLATION
THAT THE AIR POLLUTION CONTROL SYSTEM OR MECHANISM REQUIRED BY FEDERAL
OR STATE LAW OR BY ANY RULES OR REGULATIONS PROMULGATED PURSUANT THERETO
HAS BEEN RESTORED ON THE VEHICLE AND IS IN PROPER WORKING CONDITION. A
S. 1948 4
PERSON CONVICTED OF A SECOND OR SUBSEQUENT VIOLATION WITH RESPECT TO A
PARTICULAR VEHICLE SHALL BE PUNISHED BY A FINE OF SEVEN HUNDRED FIFTY
DOLLARS, WHICH FINE MAY NOT BE WAIVED, SUSPENDED OR IN ANY OTHER MANNER
NOT LEVIED.
§ 4. This act shall take effect on the thirtieth day after it shall
have become a law. Effective immediately, the addition, amendment
and/or repeal of any rule or regulation necessary for the implementation
of this act on its effective date are authorized to be made and
completed on or before such effective date.
