S T A T E   O F   N E W   Y O R K
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                                  2608

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 20, 2015
                               ___________

Introduced by M. of A. DINOWITZ, GALEF -- Multi-Sponsored by -- M. of A.
  ARROYO,  BRENNAN,  COOK  -- read once and referred to the Committee on
  Consumer Affairs and Protection

AN ACT to amend the general business law,  in  relation  to  oil  change
  requirements

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The general business law is amended by adding a new section
391-t to read as follows:
  S 391-T. OIL CHANGE REQUIREMENTS. 1. AS  USED  IN  THIS  SECTION,  THE
FOLLOWING   TERMS   SHALL   MEAN:   (A)   "LUBRICATING  OIL"  MEANS  ALL
PETROLEUM-BASED OR SYNTHETIC OIL THAT IS SUITABLE FOR USE AS A LUBRICANT
OR IS SOLD FOR USE AS A LUBRICANT.
  (B) "SERVICE ESTABLISHMENT" MEANS  EVERY  AUTOMOBILE  SERVICE  STATION
INCLUDING  GAS ONLY OUTLETS AND ANY OTHER RETAIL OUTLET SELLING AT LEAST
FIVE HUNDRED GALLONS OF LUBRICATING OIL ANNUALLY AND HAVING AN  ON-PREM-
ISES OIL CHANGING OPERATION.
  (C)  "ON-PREMISES OIL CHANGING OPERATION" MEANS ANY ESTABLISHMENT THAT
DRAINS OR COLLECTS USED OIL AND REPLACES THE USED OIL WITH NEW LUBRICAT-
ING OIL.
  2. (A) ANY ON-PREMISES OIL CHANGING OPERATION  THAT  PERFORMS  AN  OIL
CHANGE  AND  PROVIDES A CONSUMER WITH A DECAL, STICKER, OR OTHER SIMILAR
INDICATOR OF A MOTOR VEHICLE'S MILEAGE IS PROHIBITED FROM  CAUSING  SUCH
DECAL, STICKER, OR OTHER INDICATOR TO INCLUDE ANY MILEAGE OTHER THAN THE
MOTOR VEHICLE'S ACTUAL MILEAGE, ROUNDED TO THE NEAREST FULL MILE, ON THE
ODOMETER AT THE TIME OF THE OIL CHANGE.
  (B)  SERVICE  ESTABLISHMENTS  SHALL  BE REQUIRED TO POST A CONSPICUOUS
SIGN, OPEN TO PUBLIC VIEW, STATING THE FOLLOWING:
  "OIL CHANGES EVERY 3,000 MILES DO NOT  NECESSARILY  RESULT  IN  BETTER
VEHICLE  PERFORMANCE OR LONGER ENGINE LIFE. REFER TO YOUR MANUFACTURER'S
RECOMMENDED MAINTENANCE SCHEDULE FOR OIL CHANGE GUIDANCE."

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01825-01-5
              

A. 2608                             2

  (C) SERVICE ESTABLISHMENTS THAT INCLUDE THE LANGUAGE REQUIRED PURSUANT
TO PARAGRAPH (B) OF THIS SUBDIVISION ON EACH AND EVERY  DECAL,  STICKER,
OR  OTHER SIMILAR INDICATOR IN A FONT SIZE THAT IS AS LARGE AS THE LARG-
EST FONT SIZE THEREON ARE EXEMPT FROM THE REQUIREMENTS OF PARAGRAPH  (B)
OF THIS SUBDIVISION.
  3.  A VIOLATION OF THIS SECTION SHALL BE PUNISHABLE BY A CIVIL PENALTY
OF NOT MORE THAN FIVE HUNDRED DOLLARS FOR THE FIRST OFFENSE AND NOT MORE
THAN ONE THOUSAND DOLLARS FOR EACH SUBSEQUENT OFFENSE.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.