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

                                  2820

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 20, 2015
                               ___________

Introduced by M. of A. ENGLEBRIGHT, COOK, ROBERTS, HOOPER -- Multi-Spon-
  sored  by  --  M. of A.  BRENNAN, FAHY, GALEF, RIVERA -- read once and
  referred to the Committee on Consumer Affairs and Protection

AN ACT to amend the general business law, in  relation  to  establishing
  automotive windshield replacement standards

  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
390-d to read as follows:
  S 390-D. AUTOMOTIVE WINDSHIELD REPLACEMENT STANDARDS.  1. DEFINITIONS.
AS USED IN THIS SECTION:
  (A) "EQUIVALENT RETENTION SYSTEM" SHALL MEAN A SYSTEM  THAT  MEETS  OR
EXCEEDS  A  MOTOR VEHICLE MANUFACTURER'S PERFORMANCE STRENGTH SPECIFICA-
TIONS, OR HAS BEEN CERTIFIED BY THE  RETENTION  SYSTEM  MANUFACTURER  OR
PRIVATE LABELER AS APPROPRIATE FOR THE SPECIFIC APPLICATION.
  (B) "MINIMUM DRIVE-AWAY STRENGTH" SHALL MEAN THE MINIMUM PROPERTIES AS
DEFINED  AND  SPECIFIED BY THE RETENTION SYSTEMS MANUFACTURER OR PRIVATE
LABELER TO MEET THE REQUIREMENTS OF FEDERAL MOTOR VEHICLE SAFETY  STAND-
ARDS 208 AND 212.
  (C)  "MINIMUM  DRIVE-AWAY  TIME"  SHALL  MEAN THE TIME NECESSARY FOR A
GIVEN ADHESIVE SYSTEM TO ATTAIN MINIMUM  DRIVE-AWAY  STRENGTH  AFTER  AN
ADHESIVE BONDED GLASS PART IS SET IN PLACE.
  (D) "OE" SHALL MEAN ORIGINAL EQUIPMENT.
  (E) "OEM" SHALL MEAN ORIGINAL EQUIPMENT MANUFACTURER.
  (F) "PRIVATE LABELER" SHALL MEAN ANY INDIVIDUAL, CORPORATION OR ENTITY
ENGAGED IN THE SALE OR DISTRIBUTION OF A PRODUCT LABELED AS ITS OWN, BUT
MANUFACTURED BY ANY DIFFERENT ENTITY.
  (G) "RETENTION SYSTEM" SHALL MEAN ANY ORIGINAL EQUIPMENT OR EQUIVALENT
METHOD OF GLAZING ATTACHMENT.
  (H)  "THOSE  ENGAGED  IN AUTOMOTIVE WINDSHIELD REPLACEMENT" SHALL MEAN
ANY INDIVIDUAL,  BUSINESS,  OR  ORGANIZATION  THAT  REPLACES  AUTOMOTIVE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06740-01-5
              

A. 2820                             2

WINDSHIELDS;  EXAMPLES SHALL INCLUDE, BUT ARE NOT LIMITED TO, INDIVIDUAL
TECHNICIANS, AUTOMOTIVE WINDSHIELD  REPLACEMENT  BUSINESSES,  AUTOMOTIVE
BODY SHOPS, AND DEALERSHIPS.
  2. RESPONSIBILITIES OF THOSE ENGAGED IN AUTOMOTIVE WINDSHIELD REPLACE-
MENT.  ALL IN-SHOP AND MOBILE INSTALLATIONS OF MOTOR VEHICLE WINDSHIELDS
SHALL BE PERFORMED UNDER SUITABLE  ENVIRONMENTAL  CONDITIONS  AND  OTHER
CONDITIONS  THAT  ARE  COMPATIBLE WITH THE APPLICATION INSTRUCTIONS, AND
FOLLOWING REQUIREMENTS:
  (A) THOSE ENGAGED  IN  AUTOMOTIVE  WINDSHIELD  REPLACEMENT  SHALL  USE
RETENTION  SYSTEMS  THAT ARE PRODUCED UNDER DOCUMENTED QUALITY ASSURANCE
STANDARDS WHICH MEET THE REQUIREMENTS  OF  ANSI  Z26.1  AS  REQUIRED  BY
FEDERAL MOTOR VEHICLE SAFETY STANDARD 205;
  (B)  THOSE  ENGAGED  IN  AUTOMOTIVE  WINDSHIELD  REPLACEMENT SHALL USE
EITHER AN OEM APPROVED RETENTION SYSTEM OR EQUIVALENT  RETENTION  SYSTEM
AS  CERTIFIED IN WRITING BY THE EQUIVALENT RETENTION SYSTEM MANUFACTURER
DIRECTLY OR THROUGH A PRIVATE LABELER;
  (C) THOSE ENGAGED IN AUTOMOTIVE WINDSHIELD  REPLACEMENT  SHALL  OBTAIN
AND  FOLLOW  WRITTEN  COMPREHENSIVE AND CURRENT APPLICATION INSTRUCTIONS
FROM  THE  RETENTION  SYSTEMS  MANUFACTURER  OR  PRIVATE  LABELER.  SUCH
INSTRUCTIONS  SHALL  INCLUDE  AT  LEAST  THE PROPER USE OF THE RETENTION
SYSTEM STORAGE SPECIFICATIONS, MINIMUM DRIVE-AWAY TIME CHARTS CONTAINING
TEMPERATURE AND HUMIDITY  VARIABLES,  IF  APPLICABLE,  AND  ANY  SPECIAL
PROCEDURES REQUIRED FOR ADVERSE WEATHER CONDITIONS;
  (D)  THOSE  ENGAGED IN AUTOMOTIVE WINDSHIELD REPLACEMENT SHALL REQUIRE
THAT  LOT  NUMBERS  AND  EXPIRATION  DATES  BE  PRINTED  ON  APPROPRIATE
PRODUCTS;
  (E)  THOSE  ENGAGED  IN AUTOMOTIVE WINDSHIELD REPLACEMENT SHALL FOLLOW
THE ADHESIVE MANUFACTURER'S APPLICATION INSTRUCTIONS AS PROVIDED BY  THE
MANUFACTURER DIRECTLY, OR THROUGH THE PRIVATE LABELER;
  (F)  PRODUCTS  SHALL BE STORED AND CONTROLLED ACCORDING TO MANUFACTUR-
ERS' REQUIREMENTS AS PROVIDED DIRECTLY OR THROUGH A PRIVATE LABELER;
  (G) NO AUTOMOTIVE WINDSHIELD REPLACEMENT SHALL BE UNDERTAKEN USING  AN
ADHESIVE  GLASS  RETENTION BONDING SYSTEM THAT WOULD NOT ACHIEVE MINIMUM
DRIVE-AWAY STRENGTH BY THE TIME THE VEHICLE MAY BE  REASONABLY  EXPECTED
TO BE OPERATED;
  (H)  THE  VEHICLE  OWNER  OR  OPERATOR SHALL BE ADVISED OF THE MINIMUM
DRIVE-AWAY TIME UNDER THE CIRCUMSTANCES OF THE REPLACEMENT;
  (I) ALL GLASS PARTS MUST BE TRACEABLE TO THE INSTALLATION BY AN  IDEN-
TIFICATION  NUMBER  ISSUED  BY THE DEPARTMENT OF TRANSPORTATION AND PART
NUMBER;
  (J) NO PRODUCT THAT HAS EXCEEDED ITS EXPIRATION DATE, OPEN SHELF  LIFE
OR ACTIVE SHELF LIFE SHALL BE USED;
  (K)  ALL SUPPLEMENTAL MECHANICAL WINDSHIELD RETENTION DEVICES SHALL BE
REPLACED TO ORIGINAL EQUIPMENT SPECIFICATIONS; AND
  (L) WHEN INAPPROPRIATE REPLACEMENT MATERIALS OR METHODS ARE  DETECTED,
THOSE  ENGAGED  IN  AUTOMOTIVE WINDSHIELD REPLACEMENT SHALL REPORT THEIR
FINDINGS TO THE VEHICLE OWNER OR OPERATOR.
  3. RECORD KEEPING REQUIREMENTS. THOSE ENGAGED IN AUTOMOTIVE WINDSHIELD
REPLACEMENT SHALL KEEP A RECORD OF ALL ADHESIVE COMPONENT  LOT  NUMBERS,
DEPARTMENT  OF  TRANSPORTATION  IDENTIFICATION  NUMBERS AND PART NUMBERS
USED IN EACH JOB. A COPY OF THIS RECORD SHALL BE OFFERED TO THE OWNER OR
OPERATOR OF THE VEHICLE UPON COMPLETION OF THE INSTALLATION AND HELD  BY
THE INDIVIDUAL, BUSINESS OR ORGANIZATION THAT COMPLETED THE INSTALLATION
FOR A MINIMUM OF THREE YEARS.
  4. PENALTY. ANY INDIVIDUAL, BUSINESS OR ORGANIZATION THAT VIOLATES THE
PROVISIONS OF THIS SECTION SHALL BE GUILTY OF A VIOLATION, AS DEFINED IN

A. 2820                             3

THE  PENAL  LAW,  PUNISHABLE  BY  A FINE NOT TO EXCEED TWO HUNDRED FIFTY
DOLLARS.
  5.  PREEMPTION  OF  LOCAL  LAW.  THE  PROVISIONS OF THIS SECTION SHALL
SUPERSEDE AND PREEMPT ANY LOCAL  LAW,  CODE  OR  ORDINANCE  INCONSISTENT
THEREWITH.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.