S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2486--A
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2025
                                ___________
 
 Introduced  by  M. of A. R. CARROLL, SIMONE, ROSENTHAL, SHIMSKY, KELLES,
   LEVENBERG -- Multi-Sponsored by -- M. of A. SIMON  --  read  once  and
   referred  to  the Committee on Environmental Conservation -- 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 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
 ABILITY TO MEET THE GREENHOUSE GAS REDUCTION TARGETS SET  FORTH  IN  THE
 CLIMATE CHANGE AND COMMUNITY LEADERSHIP ACT.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03113-07-5
 A. 2486--A                          2
              

 
   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, THIS CHAPTER, OR OF
 ARTICLE NINE OF THE VEHICLE AND TRAFFIC LAW.
   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. 2486--A                          3
 
 TED TO THE DEPARTMENT AND TO THE DEPARTMENT  OF  MOTOR  VEHICLES  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 AND TO THE DEPARTMENT OF MOTOR VEHICLES
 SHALL SUBJECT SUCH PERSON TO A CIVIL PENALTY OF NOT LESS THAN ONE  THOU-
 SAND 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  OR  INACCU-
 RATE  ANY DEVICE OR ELEMENT OF DESIGN INSTALLED ON OR IN A MOTOR VEHICLE
 OR MOTOR VEHICLE ENGINE IN COMPLIANCE WITH ANY REQUIREMENT OF THE FEDER-
 AL CLEAN AIR ACT, THE ENVIRONMENTAL CONSERVATION LAW, OR OF  THIS  ARTI-
 CLE.
   (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
 A. 2486--A                          4
 
 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
 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.