S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3386
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 29, 2019
                                ___________
 
 Introduced  by M. of A. CYMBROWITZ, CAHILL, JAFFEE -- Multi-Sponsored by
   -- M. of A.  DenDEKKER -- 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:
   § 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
 OF A MUNICIPALITY OR LOCAL GOVERNMENT, AND ALL  MONEYS  COLLECTED  UNDER
 THIS SECTION SHALL BE RETAINED BY SUCH MUNICIPALITY OR LOCAL GOVERNMENT.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07357-01-9
              

 A. 3386                             2
 
   (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.
   § 2. Section 16 of the agriculture  and  markets  law  is  amended  by
 adding a new subdivision 50 to read as follows:
   50.  (A)  THE DEPARTMENT SHALL, NO LATER THAN JANUARY FIRST, TWO THOU-
 SAND TWENTY,  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.
   § 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.
   (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

 A. 3386                             3
 
 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.
   § 4. This act shall take effect  April  1,  2020;  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, 2020.