S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2704--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 26, 2023
                                ___________
 
 Introduced  by  M. of A. CARROLL, SIMONE, L. ROSENTHAL, ARDILA, SHIMSKY,
   KELLES, LEVENBERG -- Multi-Sponsored by -- M. of A. SIMON -- read once
   and referred to the Committee on Environmental Conservation --  recom-
   mitted  to  the  Committee on Environmental Conservation in accordance
   with Assembly Rule 3, sec. 2 -- committee  discharged,  bill  amended,
   ordered reprinted as amended and recommitted to said committee
 
 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 shall be known and may be cited as  the  "emission
 tampering act".
   §  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04839-05-4
 A. 2704--A                          2
              

 
 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
 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 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 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-
 A. 2704--A                          3
 
 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
 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
 A. 2704--A                          4
 
 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
 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.