What's happening
This bill gives the state exclusive authority over regulations for tire inflation machines at gas stations, preempting local laws.
Why it matters
Ensures uniform standards statewide. By giving the state exclusive control, the bill prevents a patchwork of local regulations, making it easier for gas station operators to comply consistently across New York.
Limits local government power. Local governments lose the ability to create or enforce their own rules on tire inflation machines, shifting all regulatory authority to state agencies.
Allows local enforcement, not regulation. Municipalities can still help enforce the state’s rules, but cannot set their own standards or add requirements beyond what the state mandates.
May affect consumer experience and business costs. Uniform state rules could simplify compliance for businesses and potentially provide more predictable access to tire inflation equipment for drivers, but also removes local flexibility to address community-specific needs or concerns.
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Who cares
Headline styles
State Controls Tire Air Machines
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 55
No co-sponsors yet.
History
- Referred to agriculture
- Delivered to assembly
- Passed senateVote 61–1
- Ordered to third reading cal.1886
- Reported and committed to rules
- Referred to agriculture
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 Working Tire Air Machines
In Assembly Committee · Agriculture · Sponsor Peter Abbate
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
8807
IN SENATE
May 21, 2018
Introduced by Sen. FUNKE -- 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 and the general business law, in relation to automobile tire inflation machines
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Paragraph b of 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:
b. Any dealer must provide on the premises where motor fuel is sold at retail for use in motor vehicles a functioning motor driven air compressor capable of inflating automobile tires for use by customers during hours in which such station is open for business. Jurisdiction in all matters pertaining to this subdivision shall be vested exclusively in the state. Any provision of any local law or ordinance or any rule or regulation promulgated thereto governing tire inflation operation or equipment shall upon the effective date of the chapter of the laws of two thousand eighteen that amended this paragraph be preempted. Nothing in this section shall be construed to restrict a municipality from enforcing the provisions of this subdivision as it relates to providing functioning tire inflation equipment as required by the commissioner.
§ 2. Subdivision 2 of section 396-x of the general business law, as added by chapter 616 of the laws of 1984, is amended to read as follows:
2. Any dealer must provide on the premises where motor fuel is sold at retail for use in motor vehicles a functioning motor driven air compressor capable of inflating automobile tires for use by customers during hours in which such station is open for business. Jurisdiction in all matters pertaining to this subdivision shall be vested exclusively in the state. Any provision of any local law or ordinance or any rule or regulation promulgated thereto governing tire inflation operation or equipment shall upon the effective date of the chapter of the laws of two thousand eighteen that amended this subdivision be preempted. Nothing in this section shall be construed to restrict a municipality from enforcing the provisions of this subdivision as it relates to providing functioning tire inflation equipment as required by the commissioner of agriculture and markets.
§ 3. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15622-01-8
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 and the general business law, in relation to automobile tire inflation machines
Purpose of the bill
To ensure consistency in the regulation of tire inflation machines mandated for service stations by providing exclusive jurisdiction to the state through the Agriculture and Markets Department.
Summary of specific provisions
Section 1 amends paragraph b of subdivision 6 of section 192 of the Agriculture and Markets law to provide exclusive jurisdiction to the state with respect to such section which requires service stations to provide tire inflation machines. It specifically provides that a munici- pality would not be restricted in enforcing the requirement of providing functioning tire inflation equipment as required by the Commissioner of Agriculture and Markets.
Section 2 amends subdivision 2 of section 396-X of the General Business Law to provide exclusive jurisdiction to the state with respect to such section which requires service stations to provide tire inflation machines. It specifically provides that a municipality would not be restricted in enforcing the requirement of providing functioning tire inflation equipment as required by the Commissioner of Agriculture and Markets.
Justification
A motor fuel dealer is required to provide for an on premise motor driv- en compressor capable of inflating automobile tires for use by customers during the time the dealer is open for business. There are multiple types of tire inflation machines which may be powered and operated differently. Agriculture and Markets regulates weights and measures, motor fuel pumps, octane and labeling requirements. Motor fuel dealers should be subject to a uniform regulatory regime. Municipalities should not be able to enact local laws which establish different requirements for tire inflation equipment. As with other motor fuel related devices, regulation should emanate exclusively from the Commissioner of Agricul- ture and Markets. This bill eliminates confusion over the issue of whether the state occupies the field and controls the regulation of tire inflation machines for motor fuel dealers. At the same time this bill makes it clear that a municipality is able to not enforce the provision of a tire inflation machine by a dealer as required by the Commissioner of Agriculture and Markets. There are in excess of 1500 local govern- ments in New York State which could implement their own local laws on tire inflation equipment. This bill makes it clear that any requirements should be exclusively regulated by the state.
Prior legislative history
None
Fiscal implications for state and local governments
None
Effective date
Immediately
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.