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

                                  2166

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (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:

  Section 1. Section 396-x of the general  business  law,  as  added  by
chapter 616 of the laws of 1984, is amended to read as follows:
  S 396-x. Gasoline stations; air pumps required. 1. Definition. As used
in  this  section:  "dealer" shall mean any person owning or operating a
premise or facility with four or more gas  dispensing  nozzles  for  the
retail sale of motor fuels for use in motor vehicles.
  2. Any dealer must provide on the premises where motor fuel is sold at
retail  for  use  in  motor  vehicles  AND  MAKE AVAILABLE AT NO COST TO
CUSTOMERS, a functioning motor driven air compressor capable of  inflat-
ing  automobile  tires [for use by customers], A GAUGE FOR MEASURING AIR
PRESSURE, AND WATER, FOR USE IN  SERVICING  ANY  MOTOR  VEHICLE,  during
hours in which such station is open for business.
  3.  (A)  Wilful  failure to comply with the provisions of this section
shall subject a dealer to a civil penalty of up to  [twenty-five]  FIFTY
dollars  for  each  day  such  failure  occurs. If the failure to comply
results from the breakdown of the air compressor, the failure to  repair
within a reasonable time shall constitute wilful conduct.
  (B)  THE PROVISIONS OF SUBDIVISION TWO OF THIS SECTION MAY BE ENFORCED
CONCURRENTLY BY THE DIRECTOR OF A MUNICIPAL CONSUMER AFFAIRS OFFICE,  OR
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

OF  A  MUNICIPALITY  OR LOCAL GOVERNMENT, AND ALL MONEYS COLLECTED UNDER
THIS SECTION SHALL BE RETAINED BY SUCH MUNICIPALITY OR LOCAL GOVERNMENT.
  (C) NO DEALER SHALL BE GUILTY OF THE INFRACTION SPECIFIED IN PARAGRAPH
(A)  OF THIS SUBDIVISION IF THAT PERSON, WITHIN SEVEN DAYS AFTER RECEIV-
ING NOTIFICATION FROM THE  DIRECTOR  OF  A  MUNICIPAL  CONSUMER  AFFAIRS
OFFICE,  OR  THE  TOWN  ATTORNEY, CITY CORPORATION COUNSEL, OTHER LAWFUL
DESIGNEE OF A MUNICIPALITY OR LOCAL GOVERNMENT, OR ATTORNEY  GENERAL  OF
ANY  VIOLATION  OF THIS SECTION, MAKES WHATEVER CHANGES ARE NECESSARY TO
COMPLY WITH THE REQUIREMENTS OF THIS SECTION.
  4. EVERY DEALER IN THIS STATE SHALL DISPLAY, AT  A  CONSPICUOUS  PLACE
ON,  AT,  OR NEAR THE DISPENSING APPARATUS, AT LEAST ONE CLEARLY VISIBLE
SIGN WHICH SHALL READ AS FOLLOWS: "NEW YORK LAW REQUIRES THIS STATION TO
PROVIDE FREE AIR AND WATER FOR AUTOMOTIVE PURPOSES TO ITS CUSTOMERS.
  IF YOU HAVE A COMPLAINT NOTIFY THE STATION ATTENDANT AND/OR CALL  THIS
TOLL-FREE  TELEPHONE NUMBER: 1(800)_____________." ALL LETTERS, FIGURES,
OR NUMERALS ON SUCH SIGN, HOWEVER AFFIXED, MARKED, IMPRINTED, PLACED, OR
EMBOSSED, SHALL BE AT LEAST THREE-FOURTHS OF AN INCH IN HEIGHT  AND  ALL
LINES  OR  MARKS  USED  IN  THE  MAKING  OR  FORMING OF ALL THE LETTERS,
FIGURES, OR NUMERALS WHICH ARE A PART OF THE  SIGN  SHALL  BE  AT  LEAST
ONE-EIGHTH OF AN INCH IN WIDTH. AS USED IN THIS SUBDIVISION, "AUTOMOTIVE
PURPOSES" DOES NOT INCLUDE THE WASHING OF VEHICLES.
  S  2.  Section  16  of  the  agriculture and markets law is amended by
adding a new subdivision 45 to read as follows:
  45. (A) THE DEPARTMENT SHALL, NO LATER THAN JANUARY FIRST,  TWO  THOU-
SAND  FOURTEEN,  ESTABLISH  A  TOLL-FREE  TELEPHONE NUMBER FOR RECEIVING
COMPLAINTS RELATED TO THE PROVISION OF FREE AIR AND WATER  TO  CUSTOMERS
OF  GASOLINE  STATIONS PURSUANT TO SECTION THREE HUNDRED NINETY-SIX-X OF
THE GENERAL BUSINESS LAW, AS ADDED BY CHAPTER SIX HUNDRED SIXTEEN OF THE
LAWS OF NINETEEN HUNDRED EIGHTY-FOUR, AND SUBDIVISION SIX OF SECTION ONE
HUNDRED NINETY-TWO OF  THIS  CHAPTER.  THE  TOLL-FREE  TELEPHONE  NUMBER
THEREBY  ESTABLISHED  SHALL  BE PRINTED ON THE SIGN REQUIRED PURSUANT TO
SUCH SECTION. THE TOLL-FREE NUMBER MAY BE AN EXISTING NUMBER ESTABLISHED
BY THE DEPARTMENT FOR RECEIVING INQUIRIES FROM CONSUMERS.
  (B) EMPLOYEES OF THE DEPARTMENT, UPON NOTICE OF A COMPLAINT  FORWARDED
PURSUANT  TO  THIS  SECTION,  OR  BY  ANY OTHER MEANS, SHALL FORWARD THE
CONTENTS OF SUCH COMPLAINT TO  THE  APPROPRIATE  MUNICIPALITY  OR  LOCAL
GOVERNMENT FOR THE PURPOSES OF ADDRESSING SUCH COMPLAINT.
  S  3. Subdivision 6 of section 192 of the agriculture and markets law,
as added by chapter 126 of the laws of  1985,  is  amended  to  read  as
follows:
  6.  Gasoline  stations;  air pumps required. a. Definition. As used in
this subdivision: "dealer" shall mean any person owning or  operating  a
premise  or  facility  with  four or more gas dispensing nozzles for the
retail sale of motor fuels for use in motor vehicles.
  b. Any dealer must provide on the premises where motor fuel is sold at
retail for use in motor vehicles AND MAKE AVAILABLE AT NO COST  a  func-
tioning  motor  driven  air  compressor  capable of inflating automobile
tires [for use by customers], A GAUGE FOR MEASURING  AIR  PRESSURE,  AND
WATER,  FOR  USE  IN  SERVICING ANY MOTOR VEHICLE, during hours in which
such station is open for business.
  c. (I) Wilful failure to comply with the provisions of  this  subdivi-
sion  shall  subject  a dealer to a civil penalty of up to [twenty-five]
FIFTY dollars for each day such failure occurs. If the failure to comply
results from the breakdown of the air compressor, the failure to  repair
within a reasonable time shall constitute wilful conduct.

A. 2166                             3

  (II) THE PROVISIONS OF PARAGRAPH B OF THIS SUBDIVISION MAY BE ENFORCED
CONCURRENTLY  BY THE DIRECTOR OF A MUNICIPAL CONSUMER AFFAIRS OFFICE, OR
BY THE TOWN ATTORNEY, CITY CORPORATION COUNSEL, OR OTHER LAWFUL DESIGNEE
OF A MUNICIPALITY OR LOCAL GOVERNMENT, AND ALL MONEYS  COLLECTED  THERE-
UNDER SHALL BE RETAINED BY SUCH MUNICIPALITY OR LOCAL GOVERNMENT.
  (III)  NO  DEALER  SHALL BE GUILTY OF THE INFRACTION SPECIFIED IN THIS
SUBDIVISION IF THAT PERSON, WITHIN SEVEN DAYS AFTER RECEIVING  NOTIFICA-
TION  FROM  THE  DIRECTOR OF A MUNICIPAL CONSUMER AFFAIRS OFFICE, OR THE
TOWN ATTORNEY, CITY CORPORATION COUNSEL,  OTHER  LAWFUL  DESIGNEE  OF  A
MUNICIPALITY  OR  LOCAL GOVERNMENT, OR ATTORNEY GENERAL OF ANY VIOLATION
OF THIS SUBDIVISION, MAKES WHATEVER CHANGES ARE NECESSARY TO COMPLY WITH
THE REQUIREMENTS OF THIS SUBDIVISION.
  D. EVERY DEALER IN THIS STATE SHALL DISPLAY, AT  A  CONSPICUOUS  PLACE
ON,  AT,  OR NEAR THE DISPENSING APPARATUS, AT LEAST ONE CLEARLY VISIBLE
SIGN WHICH SHALL READ AS FOLLOWS: "NEW YORK LAW REQUIRES THIS STATION TO
PROVIDE FREE AIR AND WATER FOR AUTOMOTIVE PURPOSES TO ITS CUSTOMERS.
  IF YOU HAVE A COMPLAINT NOTIFY THE STATION ATTENDANT AND/OR CALL  THIS
TOLL  FREE  TELEPHONE NUMBER: 1 (800) __________." ALL LETTERS, FIGURES,
OR NUMERALS ON SUCH SIGN, HOWEVER AFFIXED, MARKED, IMPRINTED, PLACED, OR
EMBOSSED, SHALL BE AT LEAST THREE-FOURTHS OF AN INCH IN HEIGHT  AND  ALL
LINES  OR  MARKS  USED  IN  THE  MAKING  OR  FORMING OF ALL THE LETTERS,
FIGURES, OR NUMERALS WHICH ARE A PART OF THE  SIGN  SHALL  BE  AT  LEAST
ONE-EIGHTH  OF AN INCH IN WIDTH. AS USED IN THIS SUBDIVISION, AUTOMOTIVE
PURPOSES DOES NOT INCLUDE THE WASHING OF VEHICLES.
  S 4. This act shall take effect  April  1,  2014;  provided  that  the
department  of  agriculture  and  markets  shall establish the toll-free
telephone number as required by section two of this  act  on  or  before
January 1, 2014.