(b) It is unlawful for any person to install, sell, offer for sale, or advertise any device, apparatus, or mechanism intended for use with, or as a part of, any required air contaminant emission control system that alters or modifies the original design or performance of any such air contaminant emission control system. This section does not apply to an alteration, modification, or modifying device, apparatus or mechanism found by the department to either:

1. (1) not reduce the effectiveness of any air contaminant emission control system; or

2. (2) result in emissions from any such modified or altered vehicle which are at levels that comply with applicable State or Federal standards for that model-year of vehicle being modified or converted.

   (c)

3. (1) It is unlawful for any person to install, sell, offer for sale, or advertise any new aftermarket catalytic converter intended for use on a gasoline powered passenger car, light-duty truck, or medium-duty vehicle originally certified with a catalytic converter in New York State unless it has been exempted pursuant to the requirements of California Code of Regulations, title 13, section 2222 (see Table 1, section 200.9 of this Title). As of January 1, 2023 all replacement catalytic converters sold, offered for sale, or installed in New York State shall be either a CARB certified new aftermarket catalytic converter, or an original equipment manufacturer replacement catalytic converter. After January 1, 2023 it is unlawful to offer for sale, sell or install any Federal certified aftermarket catalytic converter in New York State unless the vehicle owner has obtained a waiver from the department. Federal certified aftermarket catalytic converters may be shipped to distribution centers, warehoused, and shipped through New York State without penalty. Federal certified aftermarket catalytic converters may be sold out of state without penalty.
4. (2) It is unlawful for any person to install, sell, offer for sale, or advertise any used, recycle, or salvaged catalytic converter in New York State pursuant to the requirements of California Code of Regulations, title 13, section 2222 (see Table 1, section 200.9 of this Title).
5. (3) Installers of new aftermarket catalytic converters shall verify that the vehicle is specifically included in the vehicle application list for the new aftermarket catalytic converter being installed. This shall be verified by means including, but not limited to, the aftermarket catalytic converter manufacturer’s vehicle application guide, the aftermarket catalytic converter manufacturer’s website, contacting the aftermarket catalytic converter manufacturer, other manufacturer’s documentation distributed to installers, or by contacting the department.
6. (4) Manufacturers of aftermarket catalytic converters shall ensure that the required information is available to installers using, but not limited to, the previously mentioned methods.

7. (5) A new aftermarket catalytic converter shall not be installed if any of the following installation requirements are not met:

   1. (i) the vehicle must be beyond its original emissions warranty coverage period and a legitimate need for replacing the existing catalytic converter must be established and documented on the repair invoice;
   2. (ii) the new aftermarket catalytic converter shall be installed in the same location as the original equipment manufacturer catalytic converter;
   3. (iii) the installation shall not alter the location, position, number of catalytic converters, nor the location, position, number or orientation of oxygen sensors, nor disable other emission control devices.
8. (6) Installers of new aftermarket catalytic converters shall retain records pertaining to the sale and installation of the aftermarket catalytic converters for a minimum of four years from the date of installation. Records shall be kept onsite at the installation location, either hardcopy or electronically, and shall be produced upon request from the commissioner’s designee.
9. (7) Manufacturers (including manufacturers of cross-marketed catalytic converters), distributors, wholesalers, and retailers (including on-line retailers providing products to New York State customers) of new aftermarket catalytic converters delivered or sold in New York State shall provide records pertaining to the delivery and sale of aftermarket catalytic converters in the State upon request from the commissioner’s designee.
10. (8) Manufacturers of aftermarket catalytic converters, including cross-marketed catalytic converters, are required to submit, to the department, using the same format used to report this information to CARB as set forth in California Code of Regulations, title 13, section 2222 (see Table 1, section 200.9 of this Title), semi-annual warranty information reports of catalytic converters sold in New York.