What's happening
This bill sets new requirements for the visibility, size, and content of motor fuel price advertising signs at gas stations.
Why it matters
Ensures price transparency and comparability. By mandating that gas stations post the highest price for each grade of fuel in a clear, visible, and standardized format, the bill aims to prevent deceptive advertising and make it easier for consumers to compare prices between stations and payment methods.
Standardizes signage for fairness and enforcement. The new requirements for sign size, height, placement, and lettering promote uniformity, making it harder for businesses to obscure or minimize less favorable prices (e.g., credit vs. cash), and easier for authorities to enforce compliance.
Creates local flexibility and special exemptions. The bill allows municipalities with similar or stricter local laws to maintain their own rules, and provides mechanisms for exemptions in cases of local zoning conflicts, historic preservation, or scenic areas, balancing statewide consistency with local needs.
Imposes significant penalties and local enforcement. Civil penalties for non-compliance escalate sharply with repeated violations (up to $10,000), and enforcement authority is distributed among municipal and county officials, with fines staying in local budgets—potentially increasing both compliance and local government engagement.
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Headline styles
Standardize Gas Price Signs
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to consumer protection
- Referred to consumer protection
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Require Clear Gas Price Signs
In Assembly Committee · Consumer Affairs And Protection · Sponsor Jeffrey Dinowitz
Full text
4 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
259
2017-2018 Regular Sessions
IN SENATE (Prefiled)
January 4, 2017
Introduced by Sen. KAMINSKY -- 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 and the agriculture and markets law, in relation to specifying requirements for motor fuel advertising media
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The general business law is amended by adding a new section 396-xx to read as follows:
§ 396-xx. Advertising medium; motor fuel sales. 1. The term "advertising medium," as used in this section, shall mean a street sign located within ten feet of the main entrance of the place of business or as close as practicable.
2. a. In the event that the same grade of motor fuel is sold at different prices from any single place of business, then the place of business must have an advertising medium that: (i) complies with this section; (ii) displays at least the higher of the prices offered for that grade of motor fuel; and (iii) is a street sign, which is at least six feet high and four feet wide and at least eight feet off the ground.
b. The advertising medium shall, to the extent practicable, be clearly visible from each street or highway which has a motor vehicle access point to the place of business. When the place of business is situated at an intersection, the advertising medium required pursuant to this section shall, to the extent practicable, be clearly visible from each street of the intersection. All information required to be included on such advertising medium pursuant to this section shall be posted or maintained in a clear and conspicuous manner. For the purposes of this section, motor fuel does not include propane.
c. This subdivision shall not apply to discounts or price reductions not available to the general public, including, but not limited to,
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03794-01-7
S. 259 2
discounts or price reductions provided pursuant to an awards, rewards, loyalty, or promotional program.
3. All letters, words, figures, or numerals which are part of the advertising media required by subdivision two of this section shall have a heavy type face or stroke, shall be clearly visible, and of a color or tint that will contrast the letters, words, figures, or numerals with the background of the advertising media. The height of the letters, figures, and numerals, except the letter "l" and numeral one, shall not be more than twice the width.
4. a. Failure to comply with the provisions of this section shall subject a person, firm or corporation offering for sale or selling any motor fuel to the public to a civil penalty of up to five hundred dollars for a first offense, up to one thousand dollars for a second offense, and up to ten thousand dollars for a third or subsequent offense.
b. The provisions 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.
5. a. The provisions of this section shall not apply to any person, firm or corporation offering for sale or selling any motor fuel to the public operating within a political subdivision that has already enacted and continues in effect a local law, ordinance, rule or regulation in substantial conformity with this section. The provisions of this section shall not be construed to limit in any way the authority of a political subdivision to enact, implement and continue to enforce local laws and regulations governing the sale of motor fuels that were in effect prior to the effective date of this section, or to enact, implement and enforce any amendments thereto after the effective date of this section so long as the amendments remain in substantial conformity with this section. The provisions of this section shall be enforced in the counties outside the city of New York by the county or city director of weights and measures, as the case may be, and in the city of New York by the department of consumer affairs.
b. Any political subdivision may, by ordinance, exempt specified geographic areas for the provisions of this section for scenic or historic preservation purposes upon approval of such exemption by the commissioner of agriculture and markets.
c. Any person, firm or corporation offering for sale or selling any motor fuel to the public operating within a political subdivision that has enacted a local zoning ordinance or local law regarding advertising mediums that prevent compliance with the requirements of this section may apply to the commissioner of agriculture and markets for an exemption from the requirements of this section or a modified compliance scheme that addresses the issue preventing compliance with the requirements of this section. The commissioner of agriculture and markets shall, following an investigation, at his or her sole discretion, approve or deny the request for an exemption or modification.
6. Nothing in this section shall apply to signs or placards required to be posted pursuant to subdivision five of section one hundred ninety-two of the agriculture and markets law.
7. Nothing in this section prohibits any person, firm or corporation who has posted or displayed a sign or advertising medium in compliance with this section from displaying additional pricing signs, provided that such additional pricing signs are of smaller size than the media
S. 259 3
required pursuant to subdivision two of this section and the additional pricing signs do not obstruct or interfere with the required advertising medium.
§ 2. Subparagraph (iii) of paragraph a of subdivision 5 of section 192 of the agriculture and markets law, as amended by chapter 101 of the laws of 1986, is amended and a new subparagraph (iv) is added to read as follows:
(iii) where a multiple product dispensing device is capable of dispensing multiple products at multiple prices, then the selling price per gallon [may] shall be posted thereon with numerals at least one-half that height and one-half that width required by subparagraph (i) of this paragraph, although numerals representing tenths of a cent may be displayed at no less than one-half those dimensions which disclose the selling price per gallon of such motor fuel dispensed therefrom[.]; or
(iv) where a cash discount is offered, at least one sign or label shall be conspicuously displayed on the dispenser indicating the price per gallon of the fuel after the cash discount. Such sign or label must display such price in letters and numerals not less than one-half inch high.
§ 3. The agriculture and markets law is amended by adding a new section 192-i to read as follows:
§ 192-i. Advertising medium; motor fuel sales. 1. The term "advertising medium," as used in this section, shall mean a street sign located within ten feet of the main entrance of the place of business or as close as practicable.
2. a. In the event that the same grade of motor fuel is sold at different prices from any single place of business, then the place of business must have an advertising medium that: (i) complies with this section; (ii) displays at least the higher of the prices offered for that grade of motor fuel; and (iii) is a street sign, which is at least six feet high and four feet wide and at least eight feet off the ground.
b. The advertising medium required pursuant to this section shall, to the extent practicable, be clearly visible from each street or highway which has a motor vehicle access point to the place of business. When the place of business is situated at an intersection, the advertising medium shall, to the extent practicable, be clearly visible from each street of the intersection. For the purposes of this section, motor fuel does not include propane.
c. This subdivision shall not apply to discounts or price reductions not available to the general public, including, but not limited to, discounts or price reductions provided pursuant to an awards, rewards, loyalty, or promotional program.
3. All letters, words, figures, or numerals which are part of the advertising media required by subdivision two of this section shall have a heavy type face or stroke, shall be clearly visible, and of a color or tint that will contrast the letters, words, figures, or numerals with the background of the advertising media. The height of the letters, figures, and numerals, except the letter "l" and numeral one, shall not be more than twice the width.
4. a. Failure to comply with the provisions of this section shall subject a person, firm or corporation offering for sale or selling any motor fuel to the public to a civil penalty of up to five hundred dollars for a first offense, up to one thousand dollars for a second offense, and up to ten thousand dollars for a third or subsequent offense.
S. 259 4
b. The provisions 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.
c. Any person, firm or corporation offering for sale or selling any motor fuel to the public operating within a political subdivision that has enacted a local zoning ordinance or local law regarding advertising mediums that prevent compliance with the requirements of this section may apply to the commissioner for an exemption from the requirements of this section or a modified compliance scheme that addresses the issue preventing compliance with the requirements of this section. The commissioner shall, following an investigation, at his or her sole discretion, approve or deny the request for an exemption or modification.
5. The commissioner shall promulgate rules and regulations necessary or appropriate to carry out the provisions of this section, and shall make available on the department's website a summary of the provisions of this section and any regulations promulgated thereunder.
6. a. The provisions of this section shall not apply to any person, firm or corporation offering for sale or selling any motor fuel to the public operating within a political subdivision that has already enacted and continues in effect a local law, ordinance, rule or regulation in substantial conformity with this section. The provisions of this section shall not be construed to limit in any way the authority of a political subdivision to enact, implement and continue to enforce local laws and regulations governing the sale of motor fuels that were in effect prior to the effective date of this section, or to enact, implement and enforce any amendments thereto after the effective date of this section so long as the amendments remain in substantial conformity with this section. The provisions of this section shall be enforced in the counties outside the city of New York by the county or city director of weights and measures, as the case may be, and in the city of New York by the department of consumer affairs.
b. Any political subdivision may, by ordinance, exempt specified geographic areas for the provisions of this section for scenic or historic preservation purposes upon approval of such exemption by the commissioner.
7. Nothing in this section shall apply to signs or placards required to be posted pursuant to subdivision five of section one hundred ninety-two of this article.
8. Nothing in this section prohibits any person, firm or corporation who has posted or displayed a sign or advertising medium in compliance with this section from displaying additional pricing signs, provided that such additional pricing signs are of smaller size than the media required pursuant to subdivision two of this section and the additional pricing signs do not obstruct or interfere with the required advertising medium.
§ 4. This act shall take effect on the one hundred eightieth day after it shall have become a law; provided that the commissioner of agriculture and markets is authorized to promulgate any rules and regulations necessary to implement this act on or before its effective date.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the general business law and the agriculture and markets law, in relation to specifying requirements for motor fuel advertising media
Purpose or general idea of bill
The purpose of this bill is to ensure that motorists are able to make informed decisions with respect to motor fuel purchases.
Summary of specific provisions
This bill would update New York law related to the posting of motor fuel prices by motor fuel dealers. The bill would require dealers offering fuel to the public at different prices based on method of payment, a sign that must prominently display the higher of the prices offered.
The bill would provide that failure to comply shall subject any person or firm to a civil penalty of up to five hundred dollars for a first offense, up to one thousand dollars for a second offense, and up to ten thousand dollars for a third or subsequent offense.
Justification
Motorists are feeling significant pain at the pump. To add insult to injury, some motorists have reported being lured to a particular gas station by the promise of reduced price fuel, only to find that the price listed on the roadside sign only applies to cash purchases. Motorists depend on roadside signs to determine which gas station to patronize, using such signs to quickly comparison shop among competing stations. Over the past several months, as an increasing number of stations have begun offering reduced prices to customers that pay cash, motorists have reported instances of unclear and unreadable discount disclosures. In some instances, the words "cash" and "credit" are posted in a font so small the words are nearly impossible to read unless the motorists is directly under or beside the sign.
Similar practices have been documented in the past. In August 2008, the Attorney General revealed the results of an investigation showing that nearly one-third of gas stations operating in Nassau and Suffolk counties engaged in deceptive practices. The Attorney General's investigation identified instances where gas stations engaged in deceptive advertising by listing the lower cash prices on their street-view signage without disclosing that the price was only for cash transactions. This practice can result in motorists being lured to the pumps only to find out that if they choose to use a credit card they will be charged a higher price. In order to protect consumers and to provide regulatory guidance to gasoline station operators, this bill would require operators that offer discounts to conspicuously post the higher price or; if only the discounted price is offered, clearly label the conditions of such discounted price.
Prior legislative history
S.7548 of 2016 - Consumer Protection
Fiscal implications
None
Effective date
This act shall take effect on the one hundred eightieth day after which it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.