What's happening
This bill gives the state exclusive authority over tire inflation machine regulations at gas stations, preempting conflicting local laws.
Why it matters
Ensures uniform statewide standards. By giving the state exclusive authority, the bill eliminates the patchwork of local regulations, so gas stations across New York will follow the same rules for tire inflation machines. This simplifies compliance for businesses operating in multiple municipalities.
Restricts local innovation or customization. Local governments lose the ability to set stricter or more tailored rules for tire inflation equipment, which could matter in communities with unique needs or priorities regarding consumer access, safety, or environmental concerns.
Clarifies enforcement roles. While local governments are preempted from making their own rules, they are still allowed to enforce the state’s requirements. This means municipalities can ensure stations comply with the statewide law, but can't go beyond what the state mandates.
May impact consumer experience. With the state setting the standard, consumers can expect a consistent level of service regarding the availability and quality of tire inflation machines at gas stations throughout New York.
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Who cares
Headline styles
Standardize Tire Inflation Machines
Plain English, a few words. Used as the page title.
Sponsors
2 Co-sponsors
History
- Signed chap.231
- Delivered to governor
- Returned to senate
- Passed assembly
- Ordered to third reading rules cal.162
- Substituted for A5819A
- Referred to agriculture
- Delivered to assembly
- Passed senateVote 60–0
- Advanced to third reading
- 2nd report cal.
- 1st report cal.270
Show 12 earlier actions
- Print number 4495a
- Amend and recommit to agriculture
- Referred to agriculture
- Returned to senate
- Died in assembly
- Referred to agriculture
- Delivered to assembly
- Passed senateVote 62–0
- Advanced to third reading
- 2nd report cal.
- 1st report cal.911
- 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.
State Controls Tire Air Machines
Assembly Floor Calendar · Sponsor Peter Abbate
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4495--A
2019-2020 Regular Sessions
IN SENATE
March 13, 2019
Introduced by Sens. MARTINEZ, FUNKE -- read twice and ordered printed, and when printed to be committed to the Committee on Agriculture -recommitted to the Committee on Agriculture in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee
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 twenty 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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09797-04-0
S. 4495--A 2
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 twenty 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.
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.