What's happening
This bill requires gas stations with four or more pumps to provide free air, water, and pressure gauges to customers, along with visible signage and a complaint hotline.
Why it matters
Ensures consumer access and safety. By mandating free access to air, water, and tire pressure gauges, the bill helps drivers maintain vehicle safety and proper tire inflation, potentially reducing accidents, improving fuel efficiency, and lowering maintenance costs.
Strengthens local enforcement and accountability. The bill allows local governments to enforce these requirements and retain collected fines, giving municipalities more direct control and incentive to ensure compliance.
Increases transparency and consumer empowerment. Clear signage and a toll-free complaint hotline make it easier for consumers to know their rights and report violations, leading to greater accountability for gas stations.
Raises penalties and grants grace period for compliance. The daily penalty for non-compliance is doubled to $50, but stations have a seven-day window to fix violations after being notified, balancing stricter enforcement with a reasonable opportunity to comply.
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Who cares
Headline styles
Free Air and Water Mandate
Plain English, a few words. Used as the page title.
Sponsors
2 Co-sponsors
2 Multi-sponsors
History
- Referred to economic development
- Referred to economic development
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3058
2017-2018 Regular Sessions
IN ASSEMBLY
January 26, 2017
Introduced by M. of A. CYMBROWITZ, CAHILL, JAFFEE -- Multi-Sponsored by -- M. of A. DenDEKKER, JENNE -- 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 Assembly, 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 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.
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.
LBD06207-01-7
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(c) No dealer shall be guilty of the infraction specified in paragraph (a) of this subdivision if that person, within seven days after receiving 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 49 to read as follows:
49. (a) The department shall, no later than January first, two thousand eighteen, 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 functioning 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 subdivision 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. 3058 3
of a municipality or local government, and all moneys collected thereunder 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 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 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, 2018; 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, 2018.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
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