Add Art 19 Title 13 §§19-1301 - 19-1309, En Con L; amd §375, V & T L
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.
STATE OF NEW YORK
________________________________________________________________________
9074
IN SENATE
January 28, 2026
___________
Introduced by Sen. HARCKHAM -- read twice and ordered printed, and when
printed to be committed 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
22 million tons of excess nitrogen oxides and five thousand tons of excess
23 particulate matter being emitted from those vehicles.
24 3. The United States environmental protection agency has estimated
25 that in New York more than thirteen thousand heavy duty vehicles have
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03113-08-6
S. 9074 2
1 disabled or removed emission controls, resulting in excess emissions of
2 over thirteen thousand tons of nitrogen oxides and over one hundred tons
3 of particulate matter.
4 4. The tampering with, disabling, or removal of emission controls in
5 diesel-powered motor vehicles poses a serious threat to the health of
6 the citizens of New York state.
7 § 19-1303. Definitions.
8 As used in this title:
9 1. "Aftermarket defeat device" means a part or component intended for
10 use with, or as part of, any motor vehicle or motor vehicle engine where
11 a principal effect of the part or component is to bypass, defeat, alter
12 or render inoperative or inaccurate any device or element of design
13 installed on or in a motor vehicle or motor vehicle engine in compliance
14 with any requirement of the federal clean air act, this chapter, or of
15 article nine of the vehicle and traffic law.
16 2. "Heavy duty vehicle" means a heavy duty vehicle as defined in
17 subdivision one of section 19-0320 of this article.
18 3. "Motor vehicle" means a motor vehicle as defined in section one
19 hundred twenty-five of the vehicle and traffic law.
20 4. "Tamper" means to remove or render inoperative or inaccurate any
21 device or element of design installed on or in a motor vehicle or motor
22 vehicle engine in compliance with any requirement of the federal clean
23 air act or of this article.
24 § 19-1305. Prohibitions.
25 1. It shall be unlawful for any person to tamper with a motor vehicle.
26 2. No person shall sell, offer for sale or distribute an aftermarket
27 defeat device.
28 3. It shall be unlawful for any person to possess, install or attempt
29 to install an aftermarket defeat device.
30 4. A violation of this section shall be punishable by a civil penalty
31 of not less than one thousand dollars and not more than five thousand
32 dollars for the first violation and not less than two thousand and not
33 more than ten thousand dollars for the second and each subsequent
34 violation by the court or administrative tribunal before which the
35 summons or appearance ticket is returnable.
36 § 19-1307. Emission inspections and reporting.
37 1. No later than one hundred eighty days after the effective date of
38 this title, the department, jointly with the department of motor vehi-
39 cles and department of transportation, shall modify the annual
40 inspection and roadside program established by subdivision two of
41 section 19-0320 of this article and the enhanced inspection and mainte-
42 nance program governed by 6 NYCRR Part 217 to require that each vehicle
43 is visually inspected for the presence of an aftermarket defeat device.
44 2. The owner or operator of a motor vehicle that, as a result of an
45 inspection, is determined to have an aftermarket defeat device, shall
46 remove or cause to be removed such device within ten business days of
47 the date of the inspection and shall provide written proof of such
48 removal in a form acceptable to the department, such proof to be submit-
49 ted to the department and to the department of motor vehicles within
50 fifteen business days of the date of the inspection.
51 3. Failure by the owner or operator of a motor vehicle to remove or
52 cause to be removed an aftermarket defeat device and provide written
53 proof thereof to the department and to the department of motor vehicles
54 shall subject such person to a civil penalty of not less than one thou-
55 sand dollars and not more than five thousand dollars.
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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 or inaccu-
42 rate any device or element of design installed on or in a motor vehicle
43 or motor vehicle engine in compliance with any requirement of the feder-
44 al clean air act, the environmental conservation law, or of this arti-
45 cle.
46 (d) A person convicted of a violation of this subdivision shall, for a
47 first violation thereof with respect to a particular motor vehicle, be
48 punished by a fine of seven hundred fifty dollars. Such fine may not be
49 waived, suspended or in any other manner not levied, except that four
50 hundred fifty dollars of such fine may be waived upon submission of
51 acceptable evidence prior to the final determination of the violation
52 that the air pollution control system or mechanism required by federal
53 or state law or by any rules or regulations promulgated pursuant thereto
54 has been restored on the vehicle and is in proper working condition. A
55 person convicted of a second or subsequent violation with respect to a
56 particular vehicle shall be punished by a fine of seven hundred fifty
S. 9074 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.
