New York S 3828: Enacts the "emission tampering act"

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S03828 Summary:

BILL NOS03828A

&nbsp

SAME ASSAME AS A02486-A

&nbsp

SPONSORHOYLMAN-SIGAL

&nbsp

COSPNSRHARCKHAM, JACKSON

&nbsp

MLTSPNSR

&nbsp

Add Art 19 Title 13 §§19-1301 - 19-1309, En Con L; amd §375, V & T L

&nbsp

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.

Go to top S03828 Actions:

BILL NOS03828A

&nbsp

01/30/2025REFERRED TO ENVIRONMENTAL CONSERVATION

02/11/20251ST REPORT CAL.328

02/12/20252ND REPORT CAL.

02/24/2025AMENDED 3828A

02/24/2025ADVANCED TO THIRD READING 

04/22/2025PASSED SENATE

04/22/2025DELIVERED TO ASSEMBLY

04/22/2025referred to environmental conservation

Go to topS03828 Committee&nbspVotes:

Go to topS03828 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS03828 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 3828--A
 Cal. No. 328

 2025-2026 Regular Sessions

 IN SENATE

 January 30, 2025
 ___________

 Introduced by Sens. HOYLMAN-SIGAL, HARCKHAM -- read twice and ordered
 printed, and when printed to be committed to the Committee on Environ-
 mental Conservation -- reported favorably from said committee, ordered
 to first and second report, amended on second report, ordered to a
 third reading, and to be reprinted as amended, retaining its place in
 the order of third reading

 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.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD03113-06-5

 S. 3828--A 2

 1 2. The United States environmental protection agency has determined
 2 that emission controls have been removed from over one-half million
 3 heavy duty vehicles in the last decade, resulting in more than one-half
 4 million tons of excess nitrogen oxides and five thousand tons of excess
 5 particulate matter being emitted from those vehicles.
 6 3. The United States environmental protection agency has estimated
 7 that in New York more than thirteen thousand heavy duty vehicles have
 8 disabled or removed emission controls, resulting in excess emissions of
 9 over thirteen thousand tons of nitrogen oxides and over one hundred tons
 10 of particulate matter.
 11 4. The tampering with, disabling, or removal of emission controls in
 12 diesel-powered motor vehicles poses a serious threat to the health of
 13 the citizens of New York state.
 14 § 19-1303. Definitions.
 15 As used in this title:
 16 1. "Aftermarket defeat device" means a part or component intended for
 17 use with, or as part of, any motor vehicle or motor vehicle engine where
 18 a principal effect of the part or component is to bypass, defeat, alter
 19 or render inoperative or inaccurate any device or element of design
 20 installed on or in a motor vehicle or motor vehicle engine in compliance
 21 with any requirement of the federal clean air act, this chapter, or of
 22 article nine of the vehic