Bill Text: NY S08110 | 2017-2018 | General Assembly | Introduced
Bill Title: Relates to the posting of prices for motor fuel and diesel fuel grade posting requirements.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2018-03-29 - REFERRED TO AGRICULTURE [S08110 Detail]
Download: New_York-2017-S08110-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 8110 IN SENATE March 29, 2018 ___________ Introduced by Sen. RITCHIE -- (at request of the Department of Agricul- ture 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 Assem- bly, do enact as follows: 1 Section 1. Paragraph a of subdivision 5 of section 192 of the agricul- 2 ture and markets law, as amended by chapter 101 of the laws of 1986, is 3 amended to read as follows: 4 a. It shall be unlawful for any person, firm or corporation to sell or 5 offer for sale at retail for use in internal combustion engines in motor 6 vehicles or motorboats any motor fuel unless such seller shall: 7 (i) post and keep posted on the individual pump or dispensing device 8 from which such motor fuel is [sold or] offered for sale a sign [or], 9 placard or electronic display, at least [twelve] six inches in height 10 and at least [twelve] six inches in width, stating clearly and legibly 11 with [the] whole cent numerals at least [nine] four and one-half inches 12 in height and at least [two inches] one inch in width, the selling price 13 per gallon of such [motor] fuel[; or]. If the individual pump or 14 dispensing device from which such motor fuel is sold only dispenses a 15 single grade of motor fuel, the sign, placard or electronic display 16 shall be at least twelve inches in height and at least twelve inches in 17 width, stating clearly and legibly with whole cent numerals at least 18 nine inches in height and at least two inches in width, the selling 19 price per gallon of such motor fuel. Price contract sales and retailer 20 promotions are excluded from the requirements of this subparagraph. For 21 purposes of this subdivision, a price contract sale means a sale where a 22 written agreement exists, prior to the point of sale, in which both 23 buyer and seller have accepted pricing conditions of sale. 24 (ii) when a grade of motor fuel is offered for sale from the same 25 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. LBD14320-01-8S. 8110 2 1 the method of payment (e.g., cash, credit or debit). Price contract 2 sales and retailer promotions are excluded from this requirement. 3 [(ii)] (iii) where such individual pump or dispensing device dispenses 4 more than [two] four differently priced grades of motor fuel, post only 5 the highest and lowest selling price per gallon of such motor fuel 6 dispensed therefrom [must be posted] thereon in conformance with all 7 other provisions of this subdivision[; or]. 8 [(iii) where a multiple product dispensing device is capable of9dispensing multiple products at multiple prices, then the selling price10per gallon may be posted thereon with numerals at least one-half that11height and one-half that width required by subparagraph (i) of this12paragraph, although numerals representing tenths of a cent may be13displayed at no less than one-half those dimensions which disclose the14selling price per gallon of such motor fuel dispensed therefrom.] 15 (iv) where the price per gallon of motor fuel is also advertised on a 16 sign placed other than on an individual pump or dispensing device, such 17 sign shall: 18 (A) clearly set forth the grade of motor fuel to which the price 19 refers; and 20 (B) if such price is conditioned upon a particular method of payment, 21 retailer promotion or price contract sale, that condition shall be 22 clearly displayed in close proximity to the price, and in letters not 23 less than three-eighths the size of the numbers stating the price per 24 gallon. The information contained on the individual pump or dispensing 25 device with respect to any price conditioned on a particular method of 26 payment shall not conflict with the information on a sign placed other 27 than on an individual pump or dispensing device. 28 Nothing in this section shall be construed to prohibit a political 29 subdivision of the state from continuing to implement and enforce any 30 local law or regulation which regulates motor fuel pricing advertised on 31 a sign placed other than on an individual pump or dispensing device that 32 was in effect prior to the effective date of this subparagraph. Where a 33 political subdivision has such a local law or regulation in effect prior 34 to the effective date of this subparagraph, the provisions of this 35 subparagraph and subparagraph (iv) of this paragraph shall have no force 36 and effect until such time as the political subdivision repeals its 37 local law or regulation. After the effective date of this subparagraph, 38 no political subdivision of the state shall adopt a local law or regu- 39 lation which regulates motor fuel pricing advertised on a sign placed 40 other than on an individual pump or dispensing device. 41 The signs and selling prices shall be posted so as to be clearly visi- 42 ble to the driver of an approaching motor vehicle or motorboat. The 43 name, trade name, brand, mark or symbol, and grade of quality classi- 44 fication, if any of such motor fuel shall be permanently imprinted on 45 said motor fuel dispensing device. The provisions of this subdivision 46 shall not apply to a city, county, town or village which has already 47 enacted and continues in effect a local law, ordinance, rule or regu- 48 lation in substantial conformity with this subdivision. The provisions 49 of this subdivision shall be enforced in the counties outside the city 50 of New York by the county or city director of weights and measures, as 51 the case may be, and in the city of New York by the department of 52 consumer affairs. 53 § 2. The section title, paragraph b of subdivision 3 and paragraph b 54 of subdivision 5 of section 192-c of the agriculture and markets law, as 55 added by chapter 716 of the laws of 1989, are amended to read as 56 follows:S. 8110 3 1 Motor fuel standards and labelling; [cetane rating] grade of diesel 2 fuel; alcohol content. 3 b. A refiner, distributor or reseller shall not transfer, sell or 4 dispense diesel motor fuel in this state without delivering to the 5 purchaser a bill, invoice or other instrument evidencing the transaction 6 which shall indicate the [cetane rating] grade of such diesel motor 7 fuel. 8 b. A retailer shall not transfer, sell, dispense or offer diesel motor 9 fuel for sale in this state unless the retail petroleum dispensing 10 device displays a sign disclosing the [minimum cetane rating] grade. 11 § 3. This act shall take effect on the sixtieth day after it shall 12 have become a law.
