What's happening
This bill updates motor fuel and diesel fuel price posting requirements, including sign sizes, display methods, and local regulation preemption.
Why it matters
Reduces mandatory sign and numeral sizes. for motor fuel price postings on pumps, potentially allowing gas stations to use smaller, more flexible displays (including electronic ones), which could lower compliance costs or allow for clearer, modern signage.
Requires price disclosure for each payment method (cash, credit, debit). where applicable, giving consumers better information and reducing confusion or potential for deceptive pricing based on how they pay.
Establishes clear preemption of new local regulations. on off-pump fuel price signs after the law takes effect, centralizing standards at the state level and preventing a patchwork of new local rules—while grandfathering in existing local laws, which could affect regulatory consistency and local control.
Updates diesel fuel labeling requirements. to use “grade” instead of “minimum cetane rating,” aligning with current industry terminology and possibly simplifying compliance for retailers and distributors.
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Who cares
Headline styles
Require Clear Gas Price Signs
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to agriculture
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
8110
IN SENATE
March 29, 2018
Introduced by Sen. RITCHIE -- (at request of the Department of Agriculture and Markets) -- read twice and ordered printed, and when printed to be committed to the Committee on Agriculture
AN ACT to amend the agriculture and markets law, in relation to the posting of prices for motor fuel and diesel fuel grade posting requirements
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. 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 to read as follows:
a. It shall be unlawful for any person, firm or corporation to sell or offer for sale at retail for use in internal combustion engines in motor vehicles or motorboats any motor fuel unless such seller shall:
(i) post and keep posted on the individual pump or dispensing device from which such motor fuel is [sold or] offered for sale a sign [or], placard or electronic display, at least [twelve] six inches in height and at least [twelve] six inches in width, stating clearly and legibly with [the] whole cent numerals at least [nine] four and one-half inches in height and at least [two inches] one inch in width, the selling price per gallon of such [motor] fuel[; or]. If the individual pump or dispensing device from which such motor fuel is sold only dispenses a single grade of motor fuel, the sign, placard or electronic display shall be at least twelve inches in height and at least twelve inches in width, stating clearly and legibly with whole cent numerals at least nine inches in height and at least two inches in width, the selling price per gallon of such motor fuel. Price contract sales and retailer promotions are excluded from the requirements of this subparagraph. For purposes of this subdivision, a price contract sale means a sale where a written agreement exists, prior to the point of sale, in which both buyer and seller have accepted pricing conditions of sale.
(ii) when a grade of motor fuel is offered for sale from the same dispensing device, post each selling price per gallon as determined by
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14320-01-8
S. 8110 2
the method of payment (e.g., cash, credit or debit). Price contract sales and retailer promotions are excluded from this requirement.
[(ii)] (iii) where such individual pump or dispensing device dispenses more than [two] four differently priced grades of motor fuel, post only the highest and lowest selling price per gallon of such motor fuel dispensed therefrom [must be posted] thereon in conformance with all other provisions of this subdivision[; or].
[(iii) where a multiple product dispensing device is capable of dispensing multiple products at multiple prices, then the selling price per gallon may 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.]
(iv) where the price per gallon of motor fuel is also advertised on a sign placed other than on an individual pump or dispensing device, such sign shall:
(A) clearly set forth the grade of motor fuel to which the price refers; and
(B) if such price is conditioned upon a particular method of payment, retailer promotion or price contract sale, that condition shall be clearly displayed in close proximity to the price, and in letters not less than three-eighths the size of the numbers stating the price per gallon. The information contained on the individual pump or dispensing device with respect to any price conditioned on a particular method of payment shall not conflict with the information on a sign placed other than on an individual pump or dispensing device.
Nothing in this section shall be construed to prohibit a political subdivision of the state from continuing to implement and enforce any local law or regulation which regulates motor fuel pricing advertised on a sign placed other than on an individual pump or dispensing device that was in effect prior to the effective date of this subparagraph. Where a political subdivision has such a local law or regulation in effect prior to the effective date of this subparagraph, the provisions of this subparagraph and subparagraph (iv) of this paragraph shall have no force and effect until such time as the political subdivision repeals its local law or regulation. After the effective date of this subparagraph, no political subdivision of the state shall adopt a local law or regulation which regulates motor fuel pricing advertised on a sign placed other than on an individual pump or dispensing device.
The signs and selling prices shall be posted so as to be clearly visible to the driver of an approaching motor vehicle or motorboat. The name, trade name, brand, mark or symbol, and grade of quality classification, if any of such motor fuel shall be permanently imprinted on said motor fuel dispensing device. The provisions of this subdivision shall not apply to a city, county, town or village which has already enacted and continues in effect a local law, ordinance, rule or regulation in substantial conformity with this subdivision. The provisions of this subdivision 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.
§ 2. The section title, paragraph b of subdivision 3 and paragraph b of subdivision 5 of section 192-c of the agriculture and markets law, as added by chapter 716 of the laws of 1989, are amended to read as follows:
S. 8110 3
Motor fuel standards and labelling; [cetane rating] grade of diesel fuel; alcohol content.
b. A refiner, distributor or reseller shall not transfer, sell or dispense diesel motor fuel in this state without delivering to the purchaser a bill, invoice or other instrument evidencing the transaction which shall indicate the [cetane rating] grade of such diesel motor fuel.
b. A retailer shall not transfer, sell, dispense or offer diesel motor fuel for sale in this state unless the retail petroleum dispensing device displays a sign disclosing the [minimum cetane rating] grade.
§ 3. This act shall take effect on the sixtieth day after it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the agriculture and markets law, in relation to the posting of prices for motor fuel and diesel fuel grade posting require- ments
Purpose
The purpose of the bill is to amend provisions of the Agriculture and Markets Law (AML) to require notification to consumers of the price of motor fuel depending on payment method. The amendments require that all signs, including those on the motor fuel's dispensing device and road side signs, set forth the price of motor fuel based upon whether payment is made by cash, credit card or debit card. However, price contract sales and retailer promotions would be excluded from the fuel dispensing device sign requirement. The bill also expressly authorizes the use of electronic displays and would extend the Department's authority to road signs.
The bill also repeals the diesel motor fuel cetane rating requirements (for sale and signage); and adds a requirement that the grade of diesel motor fuel be specified.
Read the full memo (897 words)
Summary of provisions
Section 1 of the bill would amend subparagraph (i) of AML section 192(5)(a) to reduce the minimum size of the sign stating the selling price that must be posted on a motor fuel dispensing device, except for devices that only dispense one grade of motor fuel. It would also exclude price contract sales and retailer promotions from the pump/dispensing device posting requirements.
Section 2 of the bill would renumber subparagraph (ii) as subparagraph (iii) and adds a new subparagraph (ii) of AML section 192(5)(a) to provide that if a grade of motor fuel is offered at different prices depending upon the method of payment, all such prices must be disclosed on the sign posted on the fuel's dispensing device. It would also expressly authorize the use of electronic displays. Subparagraph (ii) as renumbered would be amended to require that only the highest and lowest selling price per gallon be posted where an individual pump or dispensing device dispenses more than four differently priced grades of motor fuel.
Section 3 of the bill would add a new subparagraph (iv) to AML section 192(5)(a) to provide that signs advertising the price of the motor fuel which are not placed on the dispenser(s) of motor fuel must clearly set forth the grade of motor fuel offered for sale, its price, and whether such price is dependent upon a particular method of payment. A new subparagraph (v) would be added to provide that any local law or regu- lation which regulates such signs and that is in effect prior to the effective date of the bill may continue to be implemented and enforced.
Section 4 of the bill would amend the title of AML section 192-c, para- graph b of section 192-c(3) and paragraph b of section 192-c(5) to provide that the grade of diesel motor fuel, rather than the cetane rating, must be shown on the documentation provided by a refiner, distributor or reseller to a purchaser; and displayed by a retailer on the sign for a retail petroleum dispensing device.
Justification
For over twenty-five years, some service stations in New York have sold motor fuel of the same grade at different prices, depending upon whether the consumer paid by cash, credit card, or debit card. The proposed amendments to AML section 192(5)(a) would ensure that consumers are made aware of the actual price to be paid for motor fuel, whether they are using cash, credit or debit, by requiring that all signs that set forth the price of motor fuel must also set forth whether that price is dependent upon a particular method of payment. Furthermore, the proposed amendments, by requiring that only those motor fuel dispensing devices that dispense more than four different grades of motor fuel must post the highest and lowest price of each will prevent a profusion of signs from having to be placed on such devices. It will eliminate clut- ter on these dispensing devices and relieve consumers of the burden of having to wade through excessive and perhaps confusing information.
The bill would expand the Department's authority to signs placed other than on an individual pump or dispensing device. However, the provision would not preempt any local laws which regulate such signs that are in effect prior to the effective date of the bill. Dutchess, Ulster and Westchester Counties currently have such local laws. This new authority will help the Department ensure that all signs advertising motor fuel provide consumers with accurate and consistent information.
The proposed amendments will not only benefit consumers by helping them to determine the actual price they will be paying for motor fuel and to compare prices offered by different service stations, but will also protect service stations from those using certain deceptive pricing practices, promoting fair competition.
The proposed amendments to AML section 192-c(3)(b) and (5)(b) would remove the requirements that the cetane rating for diesel motor fuel be documented upon sale by a refiner, distributor or reseller; and shown by a retailer on the sign for a retail petroleum dispensing device. The requirement to post both grade and cetane is widely viewed as redundant as both 1 and 2 D diesel fuel are required to have a minimum cetane of 40. Most states have removed the requirement to post cetane.
Prior legislative history
None.
Fiscal implications
None.
Effective date
This act would take effect immediately.
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