STATE OF NEW YORK
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4910
2009-2010 Regular Sessions
IN ASSEMBLY
February 6, 2009
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Introduced by M. of A. PHEFFER -- read once and referred to the Commit-
tee on Economic Development, Job Creation, Commerce and Industry
AN ACT to amend the general business law, in relation to emergency power
systems for gasoline stations
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 renumbered section 396-xx and
3 amended to read as follows:
4 § 396-xx. Gasoline stations; air pumps and emergency power systems
5 required. 1. Definition. As used in this section: "dealer" shall mean
6 any person owning or operating a [premise] premises or facility with
7 four or more gas dispensing nozzles for the retail sale of motor fuels
8 for use in motor vehicles.
9 2. (a) Any dealer must provide on the premises where motor fuel is
10 sold at retail for use in motor vehicles a functioning motor driven air
11 compressor capable of inflating automobile tires for use by customers
12 during hours in which such station is open for business.
13 [3.] (b) Wilful failure to comply with the provisions of this
14 [section] subdivision shall subject a dealer to a civil penalty of up to
15 twenty-five dollars for each day such failure occurs. If the failure to
16 comply results from the breakdown of the air compressor, the failure to
17 repair within a reasonable time shall constitute wilful conduct.
18 3. (a) Beginning no later than six months after any certificate of
19 occupancy, or any equivalent document issued by a county, city, town or
20 village, is issued for a premises or facility, a dealer shall install
21 and maintain on the premises where motor fuel is sold at retail for use
22 in motor vehicles a functioning emergency power system that is capable
23 of providing an alternative means of generating electric power for
24 purposes of operating all of the fuel pumps located on such premises in
25 the event of an electrical power outage or other interruption in elec-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08609-01-9
A. 4910 2
1 trical service. Such emergency power system shall be capable of provid-
2 ing sufficient power to operate for a minimum of twenty-four hours all
3 fuel pumps and any other power loads necessary for the dispensing and
4 sale of motor fuels.
5 (b) Wilful failure to comply with the provisions of this subdivision
6 shall be a class A misdemeanor. If the failure to comply results from
7 the breakdown of the emergency power system, the failure to repair with-
8 in a reasonable time shall constitute wilful conduct.
9 (c) Nothing in this section shall preclude the application of local
10 laws and regulations, not inconsistent with this section, governing the
11 installation, maintenance and inspection of, and other requirements
12 relating to, emergency power systems.
13 § 2. This act shall take effect immediately, except that a person
14 owning or operating a premises or facility with four or more gas
15 dispensing nozzles for the retail sale of motor fuels for use in motor
16 vehicles must maintain on the premises the functioning emergency power
17 system required by the provisions of subdivision 3 of section 396-xx of
18 the general business law, as added by section one of this act, beginning
19 no later than two years after such effective date if any certificate of
20 occupancy, or any equivalent document issued by a county, city, town or
21 village, has been issued for such premises or facility on or before such
22 effective date.
