Bill Text: NY A02486 | 2025-2026 | General Assembly | Introduced
Bill Title: Prohibits the disabling, removal or interference with emission control devices and the use of emission tampering devices; provides remedies for the violation of such provisions.
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Introduced) 2025-01-17 - referred to environmental conservation [A02486 Detail]
Download: New_York-2025-A02486-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 2486 2025-2026 Regular Sessions IN ASSEMBLY 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 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: 1 Section 1. This act shall be known and may be cited as the "emission 2 tampering act". 3 § 2. Article 19 of the environmental conservation law is amended by 4 adding a new title 13 to read as follows: 5 TITLE 13 6 EMISSION TAMPERING 7 Section 19-1301. Statement of findings. 8 19-1303. Definitions. 9 19-1305. Prohibitions. 10 19-1307. Emission inspections and reporting. 11 19-1309. Enforcement. 12 § 19-1301. Statement of findings. 13 1. Emission control devices installed by manufacturers of diesel-pow- 14 ered heavy duty vehicles are essential to limiting the emission of air 15 pollutants from such vehicles, protecting the public health from the 16 adverse health effects of those pollutants, and maintaining the state's 17 ability to meet the greenhouse gas reduction targets set forth in the 18 climate change and community leadership act. 19 2. The United States environmental protection agency has determined 20 that emission controls have been removed from over one-half million 21 heavy duty vehicles in the last decade, resulting in more than one-half EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD03113-01-5A. 2486 2 1 million tons of excess nitrogen oxides and five thousand tons of excess 2 particulate matter being emitted from those vehicles. 3 3. The United States environmental protection agency has estimated 4 that in New York more than thirteen thousand heavy duty vehicles have 5 disabled or removed emission controls, resulting in excess emissions of 6 over thirteen thousand tons of nitrogen oxides and over one hundred tons 7 of particulate matter. 8 4. The tampering with, disabling, or removal of emission controls in 9 diesel-powered motor vehicles poses a serious threat to the health of 10 the citizens of New York state. 11 § 19-1303. Definitions. 12 As used in this title: 13 1. "Aftermarket defeat device" means a part or component intended for 14 use with, or as part of, any motor vehicle or motor vehicle engine where 15 a principal effect of the part or component is to bypass, defeat, alter 16 or render inoperative or inaccurate any device or element of design 17 installed on or in a motor vehicle or motor vehicle engine in compliance 18 with any requirement of the federal clean air act or of this title. 19 2. "Heavy duty vehicle" means a heavy duty vehicle as defined in 20 subdivision one of section 19-0320 of this article. 21 3. "Motor vehicle" means a motor vehicle as defined in section one 22 hundred twenty-five of the vehicle and traffic law. 23 4. "Tamper" means to remove or render inoperative or inaccurate any 24 device or element of design installed on or in a motor vehicle or motor 25 vehicle engine in compliance with any requirement of the federal clean 26 air act or of this article. 27 § 19-1305. Prohibitions. 28 1. It shall be unlawful for any person to tamper with a motor vehicle. 29 2. No person shall sell, offer for sale or distribute an aftermarket 30 defeat device. 31 3. It shall be unlawful for any person to possess, install or attempt 32 to install an aftermarket defeat device. 33 4. A violation of this section shall be punishable by a civil penalty 34 of not less than one thousand dollars and not more than five thousand 35 dollars for the first violation and not less than two thousand and not 36 more than ten thousand dollars for the second and each subsequent 37 violation by the court or administrative tribunal before which the 38 summons or appearance ticket is returnable. 39 § 19-1307. Emission inspections and reporting. 40 1. No later than one hundred eighty days after the effective date of 41 this title, the department, jointly with the department of motor vehi- 42 cles and department of transportation, shall modify the annual 43 inspection and roadside program established by subdivision two of 44 section 19-0320 of this article and the enhanced inspection and mainte- 45 nance program governed by 6 NYCRR Part 217 to require that each vehicle 46 is visually inspected for the presence of an aftermarket defeat device. 47 2. The owner or operator of a motor vehicle that, as a result of an 48 inspection, is determined to have an aftermarket defeat device, shall 49 remove or cause to be removed such device within ten business days of 50 the date of the inspection and shall provide written proof of such 51 removal in a form acceptable to the department, such proof to be submit- 52 ted to the department within fifteen business days of the date of the 53 inspection. 54 3. Failure by the owner or operator of a motor vehicle to remove or 55 cause to be removed an aftermarket defeat device and provide written 56 proof thereof to the department shall subject such person to a civilA. 2486 3 1 penalty of not less than one thousand dollars and not more than five 2 thousand dollars. 3 4. No later than one hundred eighty days after the effective date of 4 this title, the department shall prepare and make available to vehicle 5 emission inspection stations: 6 a. a written notice setting forth the removal and written proof 7 requirements relating to aftermarket defeat devices and the penalties 8 for failing to comply with such requirements for distribution to owners 9 or operators of motor vehicles containing aftermarket defeat devices; 10 and 11 b. a form constituting written proof of removal of an aftermarket 12 defeat device. 13 5. Any person conducting an inspection of a motor vehicle who deter- 14 mines that the vehicle contains an aftermarket defeat device shall 15 promptly inform the owner or operator of the vehicle of the presence of 16 the device and inform such owner or operator of the removal and written 17 proof requirements of this section. Such information may be provided by 18 written notice in such form as prepared by the department. 19 § 19-1309. Enforcement. 20 The department and the attorney general are hereby authorized to 21 enforce the provisions of this title and all monies collected shall be 22 deposited to the credit of the environmental protection fund established 23 pursuant to section ninety-two-s of the state finance law. The 24 provisions of section 19-1305 of this title may be enforced by a county, 25 city, town or village provided the local legislative body thereof may 26 adopt local laws, ordinances or regulations consistent with this title 27 providing for the enforcement of such provisions. 28 § 3. Subdivision 28-a of section 375 of the vehicle and traffic law, 29 as added by chapter 1026 of the laws of 1971, is amended to read as 30 follows: 31 28-a. (a) Except as permitted or authorized by law, no person shall 32 remove, dismantle or otherwise cause to be inoperative any equipment or 33 feature constituting an operational element of a motor vehicle's air 34 pollution control system or mechanism required by federal or state law 35 or by any rules or regulations promulgated pursuant thereto. 36 (b) Except as permitted or authorized by law, no registered owner 37 shall permit a motor vehicle fueled with diesel fuel to be operated with 38 an aftermarket defeat device, nor shall a registered owner possess, 39 install, or attempt to install an aftermarket defeat device. 40 (c) As used in this subdivision, "aftermarket defeat device" shall 41 mean a part or component intended for use with, or as part of, any motor 42 vehicle or motor vehicle engine where a principal effect of the part or 43 component is to bypass, defeat, alter or render inoperative any device 44 or element of design installed on or in a motor vehicle or motor vehicle 45 engine in compliance with any requirement of the federal clean air act, 46 the environmental conservation law, or of this article. 47 (d) A person convicted of a violation of this subdivision shall, for a 48 first violation thereof with respect to a particular motor vehicle, be 49 punished by a fine of seven hundred fifty dollars. Such fine may not be 50 waived, suspended or in any other manner not levied, except that four 51 hundred fifty dollars of such fine may be waived upon submission of 52 acceptable evidence prior to the final determination of the violation 53 that the air pollution control system or mechanism required by federal 54 or state law or by any rules or regulations promulgated pursuant thereto 55 has been restored on the vehicle and is in proper working condition. A 56 person convicted of a second or subsequent violation with respect to aA. 2486 4 1 particular vehicle shall be punished by a fine of seven hundred fifty 2 dollars, which fine may not be waived, suspended or in any other manner 3 not levied. 4 § 4. This act shall take effect on the thirtieth day after it shall 5 have become a law. Effective immediately, the addition, amendment 6 and/or repeal of any rule or regulation necessary for the implementation 7 of this act on its effective date are authorized to be made and 8 completed on or before such effective date.
