BILL NUMBER: S3828
SPONSOR: HOYLMAN-SIGAL
 
TITLE OF BILL:
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
 
PURPOSE:
To strengthen New York's laws to prevent and enforce against tampering
or disabling vehicle emissions control devices.
 
SUMMARY OF PROVISIONS:
Section 1 of the bill entitles the bill the "Emission Tampering Act of
2024."
Section 2 of the bill adds a new title 13 to article 19 of the Environ-
mental Conservation Law ("Air Pollution Control") entitled "Emission
Tampering."
-Section 19-1301: statement of findings.
-Section 19-1303: defines terms used throughout the title.
-Section 19-1305: prohibits removing, rendering inoperative or rendering
inaccurate any device installed in a motor vehicle in compliance with
the federal Clean Air Act or article 19 of the Environmental Conserva-
tion Law. Also prohibits the sale, offer for sale, distribution,
possession, installation or attempted installation of an aftermarket
defeat device. Violations of this section are punishable by a civil
penalty between $1,000$5,000 for initial violations and between
$2,000-$10,000 for subsequent violations.
-Section 19-1307: requires annual vehicle inspections to include visual
inspection for the presence of aftermarket defeat devices, and provides
procedures for the removal of such devices by the vehicle owner or oper-
ator
-Section 19-1309: provides the Department of Environmental Conservation
(DEC) and the Attorney General with enforcement power over the
provisions of this new title, and directs all civil penalties collected
to be deposited to the credit of the Environmental Protection Fund.
Section 3 of the bill amends section 375 of the Vehicle & Traffic Law
("Equipment") to prohibit registered owners of diesel-fueled motor vehi-
cles from operating with an aftermarket defeat device, punishable by a
$750 fine.
Section 4 of the bill is the effective date.
 
JUSTIFICATION:
Emission control devices installed by manufacturers of diesel-powered
heavy duty vehicles are essential to limiting the emission of air pollu-
tants from such vehicles, protecting the public health from the adverse
health effects of those pollutants, and maintaining the state's ability
to meet the greenhouse gas reduction targets set forth in the Climate
Change and Community Leadership Act.
The United States Environmental Protection Agency (EPA) has determined
that emission controls have been removed from over one-half million
heavy duty vehicles in the last decade, resulting in more than one-half
million tons of excess nitrogen oxides and 5,000 tons of excess particu-
late matter being emitted from those vehicles. The EPA estimates that in
New York, more than 13,000 heavy duty vehicles have disabled or removed
emission controls, resulting in excess emissions of over 13,000 tons of
nitrogen oxides and over 100 tons of particulate matter.
The tampering with, disabling, or removal of emission controls in dies-
el-powered motor vehicles poses a serious threat to the health of New
Yorkers. This legislation would create strong and clear laws against
such tampering, and ensure that vehicle inspectors are seeking out
illicit aftermarket defeat devices.
 
LEGISLATIVE HISTORY:
S.1947 of 2023-2024 (Hoylman-Sigal): Died in Higher Education
A.8409 of 2023-2024 (Dinowitz): Died in Higher Education
S.6172-A of 2021-2022 (Hoylman): Passed Senate
A.10351 of 2021-2022 (Caroll): Died in Environmental Conservation
 
FISCAL IMPLICATIONS:
To be determined.
 
EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall have
become a law. Effective immediately, the addition, amendment and/or
repeal of any rule or regulation necessary for the implementation of
this act on its effective date are authorized to be made and completed
on or before such effective date.

Statutes affected:
S3828: 375 vehicle and traffic law, 375(28-a) vehicle and traffic law