Bill Text: NY A02704 | 2023-2024 | General Assembly | Amended
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 9-0)
Status: (Introduced) 2024-01-12 - print number 2704a [A02704 Detail]
Download: New_York-2023-A02704-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 2704--A 2023-2024 Regular Sessions IN ASSEMBLY 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: 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 EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD04839-05-4A. 2704--A 2 1 ability to meet the greenhouse gas reduction targets set forth in the 2 climate change and community leadership act. 3 2. The United States environmental protection agency has determined 4 that emission controls have been removed from over one-half million 5 heavy duty vehicles in the last decade, resulting in more than one-half 6 million tons of excess nitrogen oxides and five thousand tons of excess 7 particulate matter being emitted from those vehicles. 8 3. The United States environmental protection agency has estimated 9 that in New York more than thirteen thousand heavy duty vehicles have 10 disabled or removed emission controls, resulting in excess emissions of 11 over thirteen thousand tons of nitrogen oxides and over one hundred tons 12 of particulate matter. 13 4. The tampering with, disabling, or removal of emission controls in 14 diesel-powered motor vehicles poses a serious threat to the health of 15 the citizens of New York state. 16 § 19-1303. Definitions. 17 As used in this title: 18 1. "Aftermarket defeat device" means a part or component intended for 19 use with, or as part of, any motor vehicle or motor vehicle engine where 20 a principal effect of the part or component is to bypass, defeat, alter 21 or render inoperative or inaccurate any device or element of design 22 installed on or in a motor vehicle or motor vehicle engine in compliance 23 with any requirement of the federal clean air act or of this title. 24 2. "Heavy duty vehicle" means a heavy duty vehicle as defined in 25 subdivision one of section 19-0320 of this article. 26 3. "Motor vehicle" means a motor vehicle as defined in section one 27 hundred twenty-five of the vehicle and traffic law. 28 4. "Tamper" means to remove or render inoperative or inaccurate any 29 device or element of design installed on or in a motor vehicle or motor 30 vehicle engine in compliance with any requirement of the federal clean 31 air act or of this article. 32 § 19-1305. Prohibitions. 33 1. It shall be unlawful for any person to tamper with a motor vehicle. 34 2. No person shall sell, offer for sale or distribute an aftermarket 35 defeat device. 36 3. It shall be unlawful for any person to possess, install or attempt 37 to install an aftermarket defeat device. 38 4. A violation of this section shall be punishable by a civil penalty 39 of not less than one thousand dollars and not more than five thousand 40 dollars for the first violation and not less than two thousand and not 41 more than ten thousand dollars for the second and each subsequent 42 violation by the court or administrative tribunal before which the 43 summons or appearance ticket is returnable. 44 § 19-1307. Emission inspections and reporting. 45 1. No later than one hundred eighty days after the effective date of 46 this title, the department, jointly with the department of motor vehi- 47 cles and department of transportation, shall modify the annual 48 inspection and roadside program established by subdivision two of 49 section 19-0320 of this article and the enhanced inspection and mainte- 50 nance program governed by 6 NYCRR Part 217 to require that each vehicle 51 is visually inspected for the presence of an aftermarket defeat device. 52 2. The owner or operator of a motor vehicle that, as a result of an 53 inspection, is determined to have an aftermarket defeat device, shall 54 remove or cause to be removed such device within ten business days of 55 the date of the inspection and shall provide written proof of such 56 removal in a form acceptable to the department, such proof to be submit-A. 2704--A 3 1 ted to the department within fifteen business days of the date of the 2 inspection. 3 3. Failure by the owner or operator of a motor vehicle to remove or 4 cause to be removed an aftermarket defeat device and provide written 5 proof thereof to the department shall subject such person to a civil 6 penalty of not less than one thousand dollars and not more than five 7 thousand dollars. 8 4. No later than one hundred eighty days after the effective date of 9 this title, the department shall prepare and make available to vehicle 10 emission inspection stations: 11 a. a written notice setting forth the removal and written proof 12 requirements relating to aftermarket defeat devices and the penalties 13 for failing to comply with such requirements for distribution to owners 14 or operators of motor vehicles containing aftermarket defeat devices; 15 and 16 b. a form constituting written proof of removal of an aftermarket 17 defeat device. 18 5. Any person conducting an inspection of a motor vehicle who deter- 19 mines that the vehicle contains an aftermarket defeat device shall 20 promptly inform the owner or operator of the vehicle of the presence of 21 the device and inform such owner or operator of the removal and written 22 proof requirements of this section. Such information may be provided by 23 written notice in such form as prepared by the department. 24 § 19-1309. Enforcement. 25 The department and the attorney general are hereby authorized to 26 enforce the provisions of this title and all monies collected shall be 27 deposited to the credit of the environmental protection fund established 28 pursuant to section ninety-two-s of the state finance law. The 29 provisions of section 19-1305 of this title may be enforced by a county, 30 city, town or village provided the local legislative body thereof may 31 adopt local laws, ordinances or regulations consistent with this title 32 providing for the enforcement of such provisions. 33 § 3. Subdivision 28-a of section 375 of the vehicle and traffic law, 34 as added by chapter 1026 of the laws of 1971, is amended to read as 35 follows: 36 28-a. (a) Except as permitted or authorized by law, no person shall 37 remove, dismantle or otherwise cause to be inoperative any equipment or 38 feature constituting an operational element of a motor vehicle's air 39 pollution control system or mechanism required by federal or state law 40 or by any rules or regulations promulgated pursuant thereto. 41 (b) Except as permitted or authorized by law, no registered owner 42 shall permit a motor vehicle fueled with diesel fuel to be operated with 43 an aftermarket defeat device, nor shall a registered owner possess, 44 install, or attempt to install an aftermarket defeat device. 45 (c) As used in this subdivision, "aftermarket defeat device" shall 46 mean a part or component intended for use with, or as part of, any motor 47 vehicle or motor vehicle engine where a principal effect of the part or 48 component is to bypass, defeat, alter or render inoperative any device 49 or element of design installed on or in a motor vehicle or motor vehicle 50 engine in compliance with any requirement of the federal clean air act, 51 the environmental conservation law, or of this article. 52 (d) A person convicted of a violation of this subdivision shall, for a 53 first violation thereof with respect to a particular motor vehicle, be 54 punished by a fine of seven hundred fifty dollars. Such fine may not be 55 waived, suspended or in any other manner not levied, except that four 56 hundred fifty dollars of such fine may be waived upon submission ofA. 2704--A 4 1 acceptable evidence prior to the final determination of the violation 2 that the air pollution control system or mechanism required by federal 3 or state law or by any rules or regulations promulgated pursuant thereto 4 has been restored on the vehicle and is in proper working condition. A 5 person convicted of a second or subsequent violation with respect to a 6 particular vehicle shall be punished by a fine of seven hundred fifty 7 dollars, which fine may not be waived, suspended or in any other manner 8 not levied. 9 § 4. This act shall take effect on the thirtieth day after it shall 10 have become a law. Effective immediately, the addition, amendment 11 and/or repeal of any rule or regulation necessary for the implementation 12 of this act on its effective date are authorized to be made and 13 completed on or before such effective date.
