S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1231

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced by M. of A. ABINANTI -- read once and referred to the Commit-
  tee on Economic Development

AN  ACT  to amend the general business law, in relation to providing gas
  station assistance to disabled motorists

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivisions 2 and 3 of section 396-bb of the general busi-
ness  law are renumbered subdivisions 3 and 4 and a new subdivision 2 is
added to read as follows:
  2. A. ANY GASOLINE STATION OFFERING THE PUBLIC  SALE  OF  GASOLINE  AT
SELF-SERVICE  ISLANDS SHALL PROVIDE A MINIMUM OF ONE SELF-SERVICE ISLAND
DEVICE THAT ALLOWS A DISABLED PERSON, PARKED AT THAT STATION IN A  VEHI-
CLE  DISPLAYING  A  DISABLED LICENSE PLATE ISSUED BY NEW YORK STATE OR A
VALID DISABLED LICENSE PLATE ISSUED BY ANY OTHER STATE, OR A VALID DISA-
BLED LICENSE PLATE ISSUED  BY  THE  FEDERAL  GOVERNMENT,  TO  SIGNAL  AN
EMPLOYEE  THAT  THE DRIVER REQUIRES ASSISTANCE IN DISPENSING MOTOR FUEL.
AN ATTENDANT SHALL THEN ARRIVE TO DISPENSE MOTOR FUEL AT  NO  ADDITIONAL
COST  BEYOND  THE  PRICE  THAT  THE FUEL IS BEING OFFERED TO THE GENERAL
PUBLIC. A DEVICE SHALL BE INSTALLED THAT ALERTS THE EMPLOYEE INSIDE  THE
BUILDING  THAT  ASSISTANCE IS REQUIRED AT THE PUMP, AND SHALL BE MOUNTED
BETWEEN THIRTY-FOUR AND FORTY-EIGHT INCHES FROM THE GROUND. A SIGN SHALL
BE CONSPICUOUSLY POSTED AT THE SELF-SERVICE STATION THAT MEETS THE AMER-
ICAN DISABILITY ACT ACCESSIBILITY GUIDELINES IDENTIFYING THE CALL DEVICE
AND THE HOURS WHEN ASSISTANCE WILL BE AVAILABLE AND  OPERABLE  FROM  THE
VEHICLE.
  B.  THE  GASOLINE STATION SHALL NOT BE REQUIRED TO PROVIDE THE SERVICE
PROVIDED FOR IN PARAGRAPH A OF THIS SUBDIVISION DURING TIMES  WHEN  SUCH
STATION IS BEING OPERATED ON A REMOTE CONTROL BASIS BY ONLY ONE EMPLOYEE
AND  A  PASSENGER  IN  THAT  VEHICLE IS REASONABLY CAPABLE OF DISPENSING
MOTOR FUEL. PARAGRAPH A OF THIS SUBDIVISION SHALL NOT APPLY TO  GASOLINE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD03629-01-3

A. 1231                             2

STATIONS  THAT  ARE OPERATED BY ONE CASHIER AND REMOTE CONTROL EQUIPMENT
FOR DISPENSING MOTOR FUEL.
  C.  IF AN OWNER OWNS ONLY ONE GASOLINE STATION IN NEW YORK STATE, THEN
THAT GAS STATION MUST BE IN COMPLIANCE WITHIN ONE YEAR OF THE  EFFECTIVE
DATE  OF  THIS  SUBDIVISION.  IF  AN  OWNER  OWNS MORE THAN ONE GASOLINE
STATION IN NEW YORK STATE THEN  THE  OWNER  MUST  MAKE  AT  LEAST  FIFTY
PERCENT OF THOSE GASOLINE STATIONS COMPLIANT WITH THIS SUBDIVISION WITH-
IN  ONE  YEAR  OF THE EFFECTIVE DATE OF THIS SUBDIVISION. IN EITHER CASE
THE OWNER MUST BE IN COMPLIANCE WITHIN THREE YEARS OF THE EFFECTIVE DATE
OF THIS SUBDIVISION.
  S 2. This act shall take effect immediately.