Assembly Bill A9132

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 9132--A

                       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

AN ACT to amend the  environmental  conservation  law,  in  relation  to
  requiring  automobile  dealers display a fuel economy label on all new
  vehicles

  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
promote awareness of fuel mileage and to encourage the purchase of  more
fuel  efficient  vehicles  through  the  provision of information to the
public concerning the fuel efficiency of the vehicle.
  S 2. The environmental conservation law is amended  by  adding  a  new
section 19-1104 to read as follows:
S 19-1104. FUEL ECONOMY LABEL REQUIREMENTS.
  1.  IT  SHALL  BE UNLAWFUL FOR ANY MANUFACTURER TO SELL OR LEASE OR TO
OFFER TO SELL OR LEASE IN THIS STATE FOR THE PURPOSE OF REGISTRATION  IN
THIS  STATE  ANY  NEW  PASSENGER MOTOR VEHICLE MANUFACTURED OR ASSEMBLED
DURING ANY MODEL YEAR AFTER THE EFFECTIVE DATE OF THIS  SECTION,  EXCEPT
OMNIBUS   VEHICLES,   UNLESS   SUCH   VEHICLE   HAS  AFFIXED  THERETO  A
"GALLONS-PER-MILE FUEL IMPACT STATEMENT". THE COMMISSIONER, IN  CONJUNC-
TION  WITH  THE  COMMISSIONER OF THE DEPARTMENT OF MOTOR VEHICLES, SHALL
DETERMINE THE FORMAT, SIZE, TYPE LEGIBILITY AND PLACEMENT OF SUCH STATE-
MENT. THE "GALLONS-PER-MILE FUEL IMPACT STATEMENT" SHALL SET  FORTH  THE
AVERAGE  NUMBER OF GALLONS THE VEHICLE IS EXPECTED TO USE WHEN TRAVELING
A DISTANCE OF ONE THOUSAND MILES OF CITY MILEAGE, ONE THOUSAND MILES  OF
HIGHWAY  MILEAGE  AND  ONE  THOUSAND  MILES OF COMBINED CITY AND HIGHWAY
MILEAGE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14603-06-0

              

A. 9132--A                          2

  2. ANY MANUFACTURER WHO VIOLATES  SUBDIVISION  ONE  OF  THIS  SECTION,
WITHOUT JUST CAUSE, SHALL BE SUBJECT TO A CIVIL PENALTY OF NOT MORE THAN
ONE  HUNDRED  DOLLARS PER VEHICLE WITH RESPECT TO WHICH THERE HAS BEEN A
VIOLATION OF THIS SECTION.  CIVIL  PENALTIES  SO  ASSESSED  MAY  NOT  BE
DEDUCTED  AS AN EXPENSE FROM ANY TAX LIABILITY DUE TO ANY LOCAL OR STATE
TAX JURISDICTION.
  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.

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 9132--B

                       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
  said committee

AN ACT to amend the  environmental  conservation  law,  in  relation  to
  requiring  automobile  dealers  display a "Gallons-Per-Mile (GPM) Fuel
  Savings Guide"

  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-
MENT'S WEBSITE.
  2. THE "GALLONS-PER-MILE (GPM) FUEL SAVINGS GUIDE" SIGN SHALL BEAR THE
FOLLOWING INFORMATION:
  (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
MEASUREMENT;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14603-08-0
              

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
FIVE;
  (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
OF GAS;
  (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.