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) 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.
                                                                   LBD10860-03-2

        A. 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  fifty

        A. 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.
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