S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6771
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                May 9, 2023
                                ___________
 
 Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
   printed to be committed to the Committee on Consumer Protection
 
 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.
                                                            LBD07896-01-3
 S. 6771                             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.