NY S09074

Prohibits tampering with, disabling, or removing emission control devices on motor vehicles, and bans the sale, distribution, possession, or installation of aftermarket defeat devices designed to bypass pollution controls

Establishes civil penalties of $1,000-$5,000 for first violations and $2,000-$10,000 for subsequent violations under the Environmental Conservation Law, with a $750 fine under the Vehicle and Traffic Law (reducible to $300 if emissions equipment is restored)

Requires the Department of Environmental Conservation, DMV, and Department of Transportation to modify annual inspection and roadside programs within 180 days to include visual inspections for aftermarket defeat devices

Cites EPA findings that over 500,000 heavy-duty vehicles nationwide have had emission controls removed in the last decade, including an estimated 13,000 vehicles in New York, resulting in 13,000+ tons of excess nitrogen oxides and 100+ tons of excess particulate matter in the state

Vehicle owners found with defeat devices during inspection must remove them within 10 business days and submit written proof within 15 business days, with all collected penalties deposited into the Environmental Protection Fund