Bill Text: NY A04910 | 2009-2010 | General Assembly | Introduced

New York Assembly Bill 4910 (Prior Session Legislation)

Introduced

Bill Title: An act to amend the general business law, in relation to emergency power systems for gasoline stations

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-01-06 - referred to economic development [A04910 Detail]

Download: New_York-2009-A04910-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4910
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 6, 2009
                                      ___________
       Introduced  by M. of A. PHEFFER -- read once and referred to the Commit-
         tee on Economic Development, Job Creation, Commerce and Industry
       AN ACT to amend the general business law, in relation to emergency power
         systems for gasoline stations
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Section  396-x  of  the general business law, as added by
    2  chapter 616 of the laws  of  1984,  is  renumbered  section  396-xx  and
    3  amended to read as follows:
    4    S  396-xx.  Gasoline  stations;  air pumps AND EMERGENCY POWER SYSTEMS
    5  required. 1. Definition. As used in this section:  "dealer"  shall  mean
    6  any  person  owning  or  operating a [premise] PREMISES or facility with
    7  four or more gas dispensing nozzles for the retail sale of  motor  fuels
    8  for use in motor vehicles.
    9    2.  (A)  Any  dealer  must provide on the premises where motor fuel is
   10  sold at retail for use in motor vehicles a functioning motor driven  air
   11  compressor  capable  of  inflating automobile tires for use by customers
   12  during hours in which such station is open for business.
   13    [3.] (B)  Wilful  failure  to  comply  with  the  provisions  of  this
   14  [section] SUBDIVISION shall subject a dealer to a civil penalty of up to
   15  twenty-five  dollars for each day such failure occurs. If the failure to
   16  comply results from the breakdown of the air compressor, the failure  to
   17  repair within a reasonable time shall constitute wilful conduct.
   18    3.  (A)  BEGINNING  NO  LATER THAN SIX MONTHS AFTER ANY CERTIFICATE OF
   19  OCCUPANCY, OR ANY EQUIVALENT DOCUMENT ISSUED BY A COUNTY, CITY, TOWN  OR
   20  VILLAGE,  IS  ISSUED  FOR A PREMISES OR FACILITY, A DEALER SHALL INSTALL
   21  AND MAINTAIN ON THE PREMISES WHERE MOTOR FUEL IS SOLD AT RETAIL FOR  USE
   22  IN  MOTOR  VEHICLES A FUNCTIONING EMERGENCY POWER SYSTEM THAT IS CAPABLE
   23  OF PROVIDING AN ALTERNATIVE  MEANS  OF  GENERATING  ELECTRIC  POWER  FOR
   24  PURPOSES  OF OPERATING ALL OF THE FUEL PUMPS LOCATED ON SUCH PREMISES IN
   25  THE EVENT OF AN ELECTRICAL POWER OUTAGE OR OTHER INTERRUPTION  IN  ELEC-
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08609-01-9
       A. 4910                             2
    1  TRICAL  SERVICE. SUCH EMERGENCY POWER SYSTEM SHALL BE CAPABLE OF PROVID-
    2  ING SUFFICIENT POWER TO OPERATE FOR A MINIMUM OF TWENTY-FOUR  HOURS  ALL
    3  FUEL  PUMPS  AND  ANY OTHER POWER LOADS NECESSARY FOR THE DISPENSING AND
    4  SALE OF MOTOR FUELS.
    5    (B)  WILFUL  FAILURE TO COMPLY WITH THE PROVISIONS OF THIS SUBDIVISION
    6  SHALL BE A CLASS A MISDEMEANOR. IF THE FAILURE TO  COMPLY  RESULTS  FROM
    7  THE BREAKDOWN OF THE EMERGENCY POWER SYSTEM, THE FAILURE TO REPAIR WITH-
    8  IN A REASONABLE TIME SHALL CONSTITUTE WILFUL CONDUCT.
    9    (C)  NOTHING  IN  THIS SECTION SHALL PRECLUDE THE APPLICATION OF LOCAL
   10  LAWS AND REGULATIONS, NOT INCONSISTENT WITH THIS SECTION, GOVERNING  THE
   11  INSTALLATION,  MAINTENANCE  AND  INSPECTION  OF,  AND OTHER REQUIREMENTS
   12  RELATING TO, EMERGENCY POWER SYSTEMS.
   13    S 2. This act shall take effect  immediately,  except  that  a  person
   14  owning  or  operating  a  premises  or  facility  with  four or more gas
   15  dispensing nozzles for the retail sale of motor fuels for use  in  motor
   16  vehicles  must  maintain on the premises the functioning emergency power
   17  system required by the provisions of subdivision 3 of section 396-xx  of
   18  the general business law, as added by section one of this act, beginning
   19  no  later than two years after such effective date if any certificate of
   20  occupancy, or any equivalent document issued by a county, city, town  or
   21  village, has been issued for such premises or facility on or before such
   22  effective date.