S T A T E O F N E W Y O R K
2009-2010 Regular Sessions
I N A S S E M B L Y
September 4, 2009
Introduced by M. of A. KAVANAGH -- read once and referred to the Commit-
tee on Environmental Conservation -- recommitted to the Committee on
Environmental Conservation in accordance with Assembly Rule 3, sec. 2
-- committee discharged, bill amended, ordered reprinted as amended
and recommitted to said committee -- again reported from said commit-
tee with amendments, ordered reprinted as amended and recommitted to
AN ACT to amend the environmental conservation law, in relation to
requiring automobile dealers display a "Gallons-Per-Mile (GPM) Fuel
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Legislative intent. It is the purpose of this act to
encourage the purchase of more efficient vehicles through the provision
of clear and accessible information to the public regarding cost savings
and fuel usage comparisons between vehicles by emphasizing the gallons
of gasoline used by a vehicle rather than the number of miles driven.
S 2. The environmental conservation law is amended by adding a new
section 3-0319 to read as follows:
S 3-0319. CONSUMER FUEL CONSUMPTION INFORMATION.
1. THE DEPARTMENT SHALL DEVELOP A MODEL SIGN WHICH PROVIDES CONSUMER
FUEL CONSUMPTION INFORMATION. THE MODEL SIGN SHALL BE ENTITLED
"GALLONS-PER-MILE (GPM) FUEL SAVINGS GUIDE". THE MODEL SIGN AND INFORMA-
TION REGARDING POSTING REQUIREMENTS SHALL BE AVAILABLE ON THE DEPART-
2. THE "GALLONS-PER-MILE (GPM) FUEL SAVINGS GUIDE" SIGN SHALL BEAR THE
(A) THE TITLE HEADING "GALLONS-PER-MILE (GPM) FUEL SAVINGS GUIDE" WITH
A SUBTITLE HEADING "WHY USE GPM?";
(B) AN EXPLANATION OF HOW TO CALCULATE GPM AND THE PURPOSE OF THE GPM
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
A. 9132--B 2
(C) A CHART WITH FOUR COLUMNS INCLUDING THE FOLLOWING INFORMATION:
(I) MILES-PER-GALLON (MPG) FROM TEN MPG TO FIFTY MPG IN INCREMENTS OF
(II) THE CORRESPONDING GALLONS PER ONE THOUSAND MILES;
(III) THE COST OF FUEL PER ONE THOUSAND MILES BASED ON THE MOST RECENT
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY'S FUEL ECONOMY GUIDE PRICE
(IV) THE INCREMENTAL SAVINGS PER ONE THOUSAND MILES AS COMPARED TO THE
PREVIOUS INCREMENT, BASED ON THE MOST RECENT UNITED STATES ENVIRONMENTAL
PROTECTION AGENCY'S FUEL ECONOMY GUIDE PRICE OF GAS;
(D) SUCH OTHER INFORMATION AS THE DEPARTMENT DEEMS NECESSARY, INCLUD-
ING APPROPRIATE DISCLAIMERS.
3. AUTOMOBILE DEALERS THAT OFFER FOR SALE OR LEASE NEW PASSENGER MOTOR
VEHICLES SHALL DISPLAY THE "GALLONS-PER-MILE (GPM) FUEL SAVINGS GUIDE"
ON A SIGN NOT LESS THAN EIGHTEEN INCHES BY TWENTY-FOUR INCHES IN SIZE
WITH FONT OF A SIZE NOT LESS THAN ONE INCH IN HEIGHT. THE SIGN SHALL BE
DISPLAYED IN A PROMINENT AND CONSPICUOUS LOCATION INSIDE THE DEALERSHIP.
4. ANY AUTOMOBILE DEALER WHO VIOLATES SUBDIVISION THREE OF THIS
SECTION, SHALL UPON THE FIRST VIOLATION BE PROVIDED A WRITTEN WARNING,
AND SHALL BE SUBJECT TO A CIVIL PENALTY OF NOT MORE THAN FIFTY DOLLARS
FOR A SECOND VIOLATION AND NOT MORE THAN ONE HUNDRED FIFTY DOLLARS FOR A
THIRD AND ANY SUBSEQUENT VIOLATION.
S 3. This act shall take effect on the first of January next succeed-
ing the date upon which it shall have become a law; provided, however,
that subdivision 4 of section 3-0319 of the environmental conservation
law, as added by section two of this act, shall take effect one year
after such effective date.