S01948 Summary:

BILL NOS01948A
 
SAME ASSAME AS A02704-A
 
SPONSORHOYLMAN-SIGAL
 
COSPNSRHARCKHAM, MANNION
 
MLTSPNSR
 
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.
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S01948 Actions:

BILL NOS01948A
 
01/17/2023REFERRED TO ENVIRONMENTAL CONSERVATION
01/24/20231ST REPORT CAL.205
01/25/20232ND REPORT CAL.
01/30/2023ADVANCED TO THIRD READING
03/27/2023PASSED SENATE
03/27/2023DELIVERED TO ASSEMBLY
03/27/2023referred to environmental conservation
01/03/2024died in assembly
01/03/2024returned to senate
01/03/2024REFERRED TO ENVIRONMENTAL CONSERVATION
01/09/2024AMEND AND RECOMMIT TO ENVIRONMENTAL CONSERVATION
01/09/2024PRINT NUMBER 1948A
01/16/20241ST REPORT CAL.129
01/17/20242ND REPORT CAL.
01/22/2024ADVANCED TO THIRD READING
02/27/2024PASSED SENATE
02/27/2024DELIVERED TO ASSEMBLY
02/27/2024referred to environmental conservation
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S01948 Committee Votes:

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S01948 Floor Votes:

There are no votes for this bill in this legislative session.
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S01948 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         1948--A
 
                               2023-2024 Regular Sessions
 
                    IN SENATE
 
                                    January 17, 2023
                                       ___________
 
        Introduced  by  Sens.  HOYLMAN-SIGAL,  MANNION -- read twice and ordered
          printed, and when printed to be committed to the Committee on Environ-
          mental Conservation -- recommitted to the Committee  on  Environmental
          Conservation  in  accordance  with  Senate Rule 6, sec. 8 -- 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.
                                                                   LBD04839-04-4

        S. 1948--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-

        S. 1948--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 of

        S. 1948--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.
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