New York A 2486: Enacts the "emission tampering act"

Bill Text

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A02486 Summary:

BILL NOA02486A

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SAME ASSAME AS S09074

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SPONSORCarroll R (MS)

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COSPNSRSimone, Rosenthal, Shimsky, Kelles, Levenberg

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MLTSPNSRSimon

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

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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 A02486 Actions:

BILL NOA02486A

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01/17/2025referred to environmental conservation

03/03/2025amend and recommit to environmental conservation

03/03/2025print number 2486a

01/07/2026referred to environmental conservation

Go to topA02486 Committee&nbspVotes:

Go to topA02486 Floor&nbspVotes:

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

Go to topA02486 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 2486--A

 2025-2026 Regular Sessions

 IN ASSEMBLY

 January 17, 2025
 ___________

 Introduced by M. of A. R. CARROLL, SIMONE, ROSENTHAL, SHIMSKY, KELLES,
 LEVENBERG -- Multi-Sponsored by -- M. of A. SIMON -- read once and
 referred to the Committee on Environmental Conservation -- 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 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.
 LBD03113-07-5

 A. 2486--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 vehicle and traffic law.
 23 2. "Heavy duty vehicle" means a heavy duty vehicle as defined in
 24 subdivision one of section 19-0320 of this article.
 25 3. "Motor vehicle" means a motor vehicle as d