New York S 9074: Enacts the "emission tampering act"

Bill Text

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 Speaker Carl E. Heastie

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S09074 Summary:

BILL NOS09074 

&nbsp

SAME ASSAME AS A02486-A

&nbsp

SPONSORHARCKHAM

&nbsp

COSPNSR

&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 S09074 Actions:

BILL NOS09074 

&nbsp

01/28/2026REFERRED TO ENVIRONMENTAL CONSERVATION

02/04/20261ST REPORT CAL.267

02/05/20262ND REPORT CAL.

02/09/2026ADVANCED TO THIRD READING 

02/10/2026PASSED SENATE

02/10/2026DELIVERED TO ASSEMBLY

02/10/2026referred to environmental conservation

Go to topS09074 Committee&nbspVotes:

Go to topS09074 Floor&nbspVotes:

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

Go to topS09074 Text:

 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 in