STATE OF NEW YORK
________________________________________________________________________
2166
2013-2014 Regular Sessions
IN ASSEMBLY(Prefiled)
January 9, 2013
___________
Introduced by M. of A. CYMBROWITZ, CAHILL, MILLMAN, SCARBOROUGH, JAFFEE,
ROBINSON -- Multi-Sponsored by -- M. of A. DenDEKKER, RUSSELL, SWEE-
NEY, WEISENBERG -- read once and referred to the Committee on Economic
Development
AN ACT to amend the general business law and the agriculture and markets
law, in relation to requiring gasoline stations to provide free air
pumps and water for use in servicing motor vehicles
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 396-x of the general business law, as added by
2 chapter 616 of the laws of 1984, is amended to read as follows:
3 § 396-x. Gasoline stations; air pumps required. 1. Definition. As used
4 in this section: "dealer" shall mean any person owning or operating a
5 premise or facility with four or more gas dispensing nozzles for the
6 retail sale of motor fuels for use in motor vehicles.
7 2. Any dealer must provide on the premises where motor fuel is sold at
8 retail for use in motor vehicles and make available at no cost to
9 customers, a functioning motor driven air compressor capable of inflat-
10 ing automobile tires [for use by customers], a gauge for measuring air
11 pressure, and water, for use in servicing any motor vehicle, during
12 hours in which such station is open for business.
13 3. (a) Wilful failure to comply with the provisions of this section
14 shall subject a dealer to a civil penalty of up to [twenty-five] fifty
15 dollars for each day such failure occurs. If the failure to comply
16 results from the breakdown of the air compressor, the failure to repair
17 within a reasonable time shall constitute wilful conduct.
18 (b) The provisions of subdivision two of this section may be enforced
19 concurrently by the director of a municipal consumer affairs office, or
20 by the town attorney, city corporation counsel, or other lawful designee
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06190-01-3
A. 2166 2
1 of a municipality or local government, and all moneys collected under
2 this section shall be retained by such municipality or local government.
3 (c) No dealer shall be guilty of the infraction specified in paragraph
4 (a) of this subdivision if that person, within seven days after receiv-
5 ing notification from the director of a municipal consumer affairs
6 office, or the town attorney, city corporation counsel, other lawful
7 designee of a municipality or local government, or attorney general of
8 any violation of this section, makes whatever changes are necessary to
9 comply with the requirements of this section.
10 4. Every dealer in this state shall display, at a conspicuous place
11 on, at, or near the dispensing apparatus, at least one clearly visible
12 sign which shall read as follows: "NEW YORK LAW REQUIRES THIS STATION TO
13 PROVIDE FREE AIR AND WATER FOR AUTOMOTIVE PURPOSES TO ITS CUSTOMERS.
14 IF YOU HAVE A COMPLAINT NOTIFY THE STATION ATTENDANT AND/OR CALL THIS
15 TOLL-FREE TELEPHONE NUMBER: 1(800)_____________." All letters, figures,
16 or numerals on such sign, however affixed, marked, imprinted, placed, or
17 embossed, shall be at least three-fourths of an inch in height and all
18 lines or marks used in the making or forming of all the letters,
19 figures, or numerals which are a part of the sign shall be at least
20 one-eighth of an inch in width. As used in this subdivision, "automotive
21 purposes" does not include the washing of vehicles.
22 § 2. Section 16 of the agriculture and markets law is amended by
23 adding a new subdivision 45 to read as follows:
24 45. (a) The department shall, no later than January first, two thou-
25 sand fourteen, establish a toll-free telephone number for receiving
26 complaints related to the provision of free air and water to customers
27 of gasoline stations pursuant to section three hundred ninety-six-x of
28 the general business law, as added by chapter six hundred sixteen of the
29 laws of nineteen hundred eighty-four, and subdivision six of section one
30 hundred ninety-two of this chapter. The toll-free telephone number
31 thereby established shall be printed on the sign required pursuant to
32 such section. The toll-free number may be an existing number established
33 by the department for receiving inquiries from consumers.
34 (b) Employees of the department, upon notice of a complaint forwarded
35 pursuant to this section, or by any other means, shall forward the
36 contents of such complaint to the appropriate municipality or local
37 government for the purposes of addressing such complaint.
38 § 3. Subdivision 6 of section 192 of the agriculture and markets law,
39 as added by chapter 126 of the laws of 1985, is amended to read as
40 follows:
41 6. Gasoline stations; air pumps required. a. Definition. As used in
42 this subdivision: "dealer" shall mean any person owning or operating a
43 premise or facility with four or more gas dispensing nozzles for the
44 retail sale of motor fuels for use in motor vehicles.
45 b. Any dealer must provide on the premises where motor fuel is sold at
46 retail for use in motor vehicles and make available at no cost a func-
47 tioning motor driven air compressor capable of inflating automobile
48 tires [for use by customers], a gauge for measuring air pressure, and
49 water, for use in servicing any motor vehicle, during hours in which
50 such station is open for business.
51 c. (i) Wilful failure to comply with the provisions of this subdivi-
52 sion shall subject a dealer to a civil penalty of up to [twenty-five]
53 fifty dollars for each day such failure occurs. If the failure to comply
54 results from the breakdown of the air compressor, the failure to repair
55 within a reasonable time shall constitute wilful conduct.
A. 2166 3
1 (ii) The provisions of paragraph b of this subdivision may be enforced
2 concurrently by the director of a municipal consumer affairs office, or
3 by the town attorney, city corporation counsel, or other lawful designee
4 of a municipality or local government, and all moneys collected there-
5 under shall be retained by such municipality or local government.
6 (iii) No dealer shall be guilty of the infraction specified in this
7 subdivision if that person, within seven days after receiving notifica-
8 tion from the director of a municipal consumer affairs office, or the
9 town attorney, city corporation counsel, other lawful designee of a
10 municipality or local government, or attorney general of any violation
11 of this subdivision, makes whatever changes are necessary to comply with
12 the requirements of this subdivision.
13 d. Every dealer in this state shall display, at a conspicuous place
14 on, at, or near the dispensing apparatus, at least one clearly visible
15 sign which shall read as follows: "NEW YORK LAW REQUIRES THIS STATION TO
16 PROVIDE FREE AIR AND WATER FOR AUTOMOTIVE PURPOSES TO ITS CUSTOMERS.
17 IF YOU HAVE A COMPLAINT NOTIFY THE STATION ATTENDANT AND/OR CALL THIS
18 TOLL FREE TELEPHONE NUMBER: 1 (800) __________." All letters, figures,
19 or numerals on such sign, however affixed, marked, imprinted, placed, or
20 embossed, shall be at least three-fourths of an inch in height and all
21 lines or marks used in the making or forming of all the letters,
22 figures, or numerals which are a part of the sign shall be at least
23 one-eighth of an inch in width. As used in this subdivision, automotive
24 purposes does not include the washing of vehicles.
25 § 4. This act shall take effect April 1, 2014; provided that the
26 department of agriculture and markets shall establish the toll-free
27 telephone number as required by section two of this act on or before
28 January 1, 2014.
