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
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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:
Section 1. Section 396-x of the general business law, as added by
chapter 616 of the laws of 1984, is renumbered section 396-xx and
amended to read as follows:
S 396-xx. Gasoline stations; air pumps AND EMERGENCY POWER SYSTEMS
required. 1. Definition. As used in this section: "dealer" shall mean
any person owning or operating a [premise] PREMISES or facility with
four or more gas dispensing nozzles for the retail sale of motor fuels
for use in motor vehicles.
2. (A) 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.
[3.] (B) Wilful failure to comply with the provisions of this
[section] SUBDIVISION shall subject a dealer to a civil penalty of up to
twenty-five dollars for each day such failure occurs. If the failure to
comply results from the breakdown of the air compressor, the failure to
repair within a reasonable time shall constitute wilful conduct.
3. (A) BEGINNING NO LATER THAN SIX MONTHS AFTER ANY CERTIFICATE OF
OCCUPANCY, OR ANY EQUIVALENT DOCUMENT ISSUED BY A COUNTY, CITY, TOWN OR
VILLAGE, IS ISSUED FOR A PREMISES OR FACILITY, A DEALER SHALL INSTALL
AND MAINTAIN ON THE PREMISES WHERE MOTOR FUEL IS SOLD AT RETAIL FOR USE
IN MOTOR VEHICLES A FUNCTIONING EMERGENCY POWER SYSTEM THAT IS CAPABLE
OF PROVIDING AN ALTERNATIVE MEANS OF GENERATING ELECTRIC POWER FOR
PURPOSES OF OPERATING ALL OF THE FUEL PUMPS LOCATED ON SUCH PREMISES IN
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
TRICAL SERVICE. SUCH EMERGENCY POWER SYSTEM SHALL BE CAPABLE OF PROVID-
ING SUFFICIENT POWER TO OPERATE FOR A MINIMUM OF TWENTY-FOUR HOURS ALL
FUEL PUMPS AND ANY OTHER POWER LOADS NECESSARY FOR THE DISPENSING AND
SALE OF MOTOR FUELS.
(B) WILFUL FAILURE TO COMPLY WITH THE PROVISIONS OF THIS SUBDIVISION
SHALL BE A CLASS A MISDEMEANOR. IF THE FAILURE TO COMPLY RESULTS FROM
THE BREAKDOWN OF THE EMERGENCY POWER SYSTEM, THE FAILURE TO REPAIR WITH-
IN A REASONABLE TIME SHALL CONSTITUTE WILFUL CONDUCT.
(C) NOTHING IN THIS SECTION SHALL PRECLUDE THE APPLICATION OF LOCAL
LAWS AND REGULATIONS, NOT INCONSISTENT WITH THIS SECTION, GOVERNING THE
INSTALLATION, MAINTENANCE AND INSPECTION OF, AND OTHER REQUIREMENTS
RELATING TO, EMERGENCY POWER SYSTEMS.
S 2. This act shall take effect immediately, except that a person
owning or operating a premises or facility with four or more gas
dispensing nozzles for the retail sale of motor fuels for use in motor
vehicles must maintain on the premises the functioning emergency power
system required by the provisions of subdivision 3 of section 396-xx of
the general business law, as added by section one of this act, beginning
no later than two years after such effective date if any certificate of
occupancy, or any equivalent document issued by a county, city, town or
village, has been issued for such premises or facility on or before such
effective date.