S T A T E   O F   N E W   Y O R K
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                                   1441
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 12, 2017
                                ___________
 
 Introduced by M. of A. ABINANTI, WEPRIN -- read once and referred to the
   Committee 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.
                                                            LBD03310-01-7
              

 A. 1441                             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.
   § 2. This act shall take effect immediately.