Bill Text: NY A10351 | 2021-2022 | 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 1-0)
Status: (Introduced - Dead) 2022-05-13 - referred to environmental conservation [A10351 Detail]
Download: New_York-2021-A10351-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 10351 IN ASSEMBLY May 13, 2022 ___________ Introduced by COMMITTEE ON RULES -- (at request of M. of A. Carroll) -- 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 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 may be known and may be cited as the "emission 2 tampering act of 2022". 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 22 million tons of excess nitrogen oxides and five thousand tons of excess 23 particulate matter being emitted from those vehicles. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD10860-03-2A. 10351 2 1 3. The United States environmental protection agency has estimated 2 that in New York more than thirteen thousand heavy duty vehicles have 3 disabled or removed emission controls, resulting in excess emissions of 4 over thirteen thousand tons of nitrogen oxides and over one hundred tons 5 of particulate matter. 6 4. The tampering with, disabling, or removal of emission controls in 7 diesel-powered motor vehicles poses a serious threat to the health of 8 the citizens of New York state. 9 § 19-1303. Definitions. 10 As used in this title: 11 1. "Aftermarket defeat device" means a part or component intended for 12 use with, or as part of, any motor vehicle or motor vehicle engine where 13 a principal effect of the part or component is to bypass, defeat, alter 14 or render inoperative any device or element of design installed on or in 15 a motor vehicle or motor vehicle engine in compliance with any require- 16 ment of the federal clean air act or of this title. 17 2. "Heavy duty vehicle" means a heavy duty vehicle as defined in 18 subdivision one of section 19-0320 of this article. 19 3. "Motor vehicle" means a motor vehicle as defined in section one 20 hundred twenty-five of the vehicle and traffic law. 21 4. "Tamper" means to remove or render inoperative or inaccurate any 22 device or element of design installed on or in a motor vehicle or motor 23 vehicle engine in compliance with any requirement of the federal clean 24 air act or of this article. 25 § 19-1305. Prohibitions. 26 1. It shall be unlawful for any person to tamper with a motor vehicle. 27 2. No person shall sell, offer for sale or distribute an aftermarket 28 defeat device. 29 3. It shall be unlawful for any person to possess, install or attempt 30 to install an aftermarket defeat device. 31 4. A violation of this section shall be punishable by a civil penalty 32 of not less than one thousand dollars and not more than five thousand 33 dollars for the first violation and not less than two thousand and not 34 more than ten thousand dollars for the second and each subsequent 35 violation by the court or administrative tribunal before which the 36 summons or appearance ticket is returnable. 37 § 19-1307. Emission inspections and reporting. 38 1. No later than one hundred eighty days after the effective date of 39 this title, the department, jointly with the department of motor vehi- 40 cles and department of transportation, shall modify the annual 41 inspection and roadside program established by subdivision two of 42 section 19-0320 of this article and the enhanced inspection and mainte- 43 nance program governed by 6 NYCRR Part 217 to require that each vehicle 44 is visually inspected for the presence of an aftermarket defeat device. 45 2. The owner or operator of a motor vehicle that, as a result of an 46 inspection, is determined to have an aftermarket defeat device, shall 47 remove or cause to be removed such device within ten business days of 48 the date of the inspection and shall provide written proof of such 49 removal in a form acceptable to the department, such proof to be submit- 50 ted to the department within fifteen business days of the date of the 51 inspection. 52 3. Failure by the owner or operator of a motor vehicle to remove or 53 cause to be removed an aftermarket defeat device and provide written 54 proof thereof to the department shall subject such person to a civil 55 penalty of not less than one thousand dollars and not more than five 56 thousand dollars.A. 10351 3 1 4. No later than one hundred eighty days after the effective date of 2 this title, the department shall prepare and make available to vehicle 3 emission inspection stations: 4 a. a written notice setting forth the removal and written proof 5 requirements relating to aftermarket defeat devices and the penalties 6 for failing to comply with such requirements for distribution to owners 7 or operators of motor vehicles containing aftermarket defeat devices; 8 and 9 b. a form constituting written proof of removal of an aftermarket 10 defeat device. 11 5. Any person conducting an inspection of a motor vehicle who deter- 12 mines that the vehicle contains an aftermarket defeat device shall 13 promptly inform the owner or operator of the vehicle of the presence of 14 the device and inform such owner or operator of the removal and written 15 proof requirements of this section. Such information may be provided by 16 written notice in such form as prepared by the department. 17 § 19-1309. Enforcement. 18 The department and the attorney general are hereby authorized to 19 enforce the provisions of this title and all monies collected shall be 20 deposited to the credit of the environmental protection fund established 21 pursuant to section ninety-two-s of the state finance law. The 22 provisions of section 19-1305 of this title may be enforced by a county, 23 city, town or village provided the local legislative body thereof may 24 adopt local laws, ordinances or regulations consistent with this title 25 providing for the enforcement of such provisions. 26 § 3. Subdivision 28-a of section 375 of the vehicle and traffic law, 27 as added by chapter 1026 of the laws of 1971, is amended to read as 28 follows: 29 28-a. (a) Except as permitted or authorized by law, no person shall 30 remove, dismantle or otherwise cause to be inoperative any equipment or 31 feature constituting an operational element of a motor vehicle's air 32 pollution control system or mechanism required by federal or state law 33 or by any rules or regulations promulgated pursuant thereto. 34 (b) Except as permitted or authorized by law, no registered owner 35 shall permit a motor vehicle fueled with diesel fuel to be operated with 36 an aftermarket defeat device, nor shall a registered owner possess, 37 install, or attempt to install an aftermarket defeat device. 38 (c) As used in this subdivision, "aftermarket defeat device" shall 39 mean a part or component intended for use with, or as part of, any motor 40 vehicle or motor vehicle engine where a principal effect of the part or 41 component is to bypass, defeat, alter or render inoperative any device 42 or element of design installed on or in a motor vehicle or motor vehicle 43 engine in compliance with any requirement of the federal clean air act, 44 the environmental conservation law, or of this article. 45 (d) A person convicted of a violation of this subdivision shall, for a 46 first violation thereof with respect to a particular motor vehicle, be 47 punished by a fine of seven hundred fifty dollars. Such fine may not be 48 waived, suspended or in any other manner not levied, except that four 49 hundred fifty dollars of such fine may be waived upon submission of 50 acceptable evidence prior to the final determination of the violation 51 that the air pollution control system or mechanism required by federal 52 or state law or by any rules or regulations promulgated pursuant thereto 53 has been restored on the vehicle and is in proper working condition. A 54 person convicted of a second or subsequent violation with respect to a 55 particular vehicle shall be punished by a fine of seven hundred fiftyA. 10351 4 1 dollars, which fine may not be waived, suspended or in any other manner 2 not levied. 3 § 4. This act shall take effect on the thirtieth day after it shall 4 have become a law. Effective immediately, the addition, amendment 5 and/or repeal of any rule or regulation necessary for the implementation 6 of this act on its effective date are authorized to be made and 7 completed on or before such effective date.
