NY State Senate Bill 2017-S8110

Archive: Last Bill Status - In Senate Committee Agriculture Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 29, 2018	referred to agriculture

2017-S8110 (ACTIVE) - Details

Current Committee:: Senate Agriculture
Law Section:: Agriculture and Markets Law
Laws Affected:: Amd §§192 & 192-c, Ag & Mkts L

2017-S8110 (ACTIVE) - Summary

Relates to the posting of prices for motor fuel and diesel fuel grade posting requirements.

2017-S8110 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8110

SPONSOR: RITCHIE
 
TITLE OF BILL:

An act to amend the agriculture and markets law, in relation to the
posting of prices for motor fuel and diesel fuel grade posting require-
ments

 
PURPOSE:

The purpose of the bill is to amend provisions of the Agriculture and
Markets Law (AML) to require notification to consumers of the price of
motor fuel depending on payment method. The amendments require that all
signs, including those on the motor fuel's dispensing device and road
side signs, set forth the price of motor fuel based upon whether payment
is made by cash, credit card or debit card. However, price contract
sales and retailer promotions would be excluded from the fuel dispensing
device sign requirement. The bill also expressly authorizes the use of
electronic displays and would extend the Department's authority to road
signs.

The bill also repeals the diesel motor fuel cetane rating requirements
(for sale and signage); and adds a requirement that the grade of diesel
motor fuel be specified.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill would amend subparagraph (i) of AML section
192(5)(a) to reduce the minimum size of the sign stating the selling
price that must be posted on a motor fuel dispensing device, except for
devices that only dispense one grade of motor fuel. It would also
exclude price contract sales and retailer promotions from the
pump/dispensing device posting requirements.

Section 2 of the bill would renumber subparagraph (ii) as subparagraph
(iii) and adds a new subparagraph (ii) of AML section 192(5)(a) to
provide that if a grade of motor fuel is offered at different prices
depending upon the method of payment, all such prices must be disclosed
on the sign posted on the fuel's dispensing device. It would also
expressly authorize the use of electronic displays.  Subparagraph (ii)
as renumbered would be amended to require that only the highest and
lowest selling price per gallon be posted where an individual pump or
dispensing device dispenses more than four differently priced grades of
motor fuel.

Section 3 of the bill would add a new subparagraph (iv) to AML section
192(5)(a) to provide that signs advertising the price of the motor fuel
which are not placed on the dispenser(s) of motor fuel must clearly set
forth the grade of motor fuel offered for sale, its price, and whether
such price is dependent upon a particular method of payment. A new
subparagraph (v) would be added to provide that any local law or regu-
lation which regulates such signs and that is in effect prior to the
effective date of the bill may continue to be implemented and enforced.

Section 4 of the bill would amend the title of AML section 192-c, para-
graph b of section 192-c(3) and paragraph b of section 192-c(5) to
provide that the grade of diesel motor fuel, rather than the cetane
rating, must be shown on the documentation provided by a refiner,
distributor or reseller to a purchaser; and displayed by a retailer on
the sign for a retail petroleum dispensing device.

 
JUSTIFICATION:

For over twenty-five years, some service stations in New York have sold
motor fuel of the same grade at different prices, depending upon whether
the consumer paid by cash, credit card, or debit card. The proposed
amendments to AML section 192(5)(a) would ensure that consumers are made
aware of the actual price to be paid for motor fuel, whether they are
using cash, credit or debit, by requiring that all signs that set forth
the price of motor fuel must also set forth whether that price is
dependent upon a particular method of payment.  Furthermore, the
proposed amendments, by requiring that only those motor fuel dispensing
devices that dispense more than four different grades of motor fuel must
post the highest and lowest price of each will prevent a profusion of
signs from having to be placed on such devices. It will eliminate clut-
ter on these dispensing devices and relieve consumers of the burden of
having to wade through excessive and perhaps confusing information.

The bill would expand the Department's authority to signs placed other
than on an individual pump or dispensing device. However, the provision
would not preempt any local laws which regulate such signs that are in
effect prior to the effective date of the bill. Dutchess, Ulster and
Westchester Counties currently have such local laws. This new authority
will help the Department ensure that all signs advertising motor fuel
provide consumers with accurate and consistent information.

The proposed amendments will not only benefit consumers by helping them
to determine the actual price they will be paying for motor fuel and to
compare prices offered by different service stations, but will also
protect service stations from those using certain deceptive pricing
practices, promoting fair competition.

The proposed amendments to AML section 192-c(3)(b) and (5)(b) would
remove the requirements that the cetane rating for diesel motor fuel be
documented upon sale by a refiner, distributor or reseller; and shown by
a retailer on the sign for a retail petroleum dispensing device. The
requirement to post both grade and cetane is widely viewed as redundant
as both 1 and 2 D diesel fuel are required to have a minimum cetane of
40. Most states have removed the requirement to post cetane.

 
PRIOR LEGISLATIVE HISTORY:

None.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act would take effect immediately.

2017-S8110 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8110
 
                             I N  S E N A T E
 
                              March 29, 2018
                                ___________
 
 Introduced  by Sen. RITCHIE -- (at request of the Department of Agricul-
   ture and Markets) -- read twice and ordered printed, and when  printed
   to be committed to the Committee on Agriculture
 
 AN  ACT  to  amend  the  agriculture and markets law, in relation to the
   posting of prices  for  motor  fuel  and  diesel  fuel  grade  posting
   requirements

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph a of subdivision 5 of section 192 of the agricul-
 ture and markets law, as amended by chapter 101 of the laws of 1986,  is
 amended to read as follows:
   a. It shall be unlawful for any person, firm or corporation to sell or
 offer for sale at retail for use in internal combustion engines in motor
 vehicles or motorboats any motor fuel unless such seller shall:
   (i)  post  and keep posted on the INDIVIDUAL PUMP OR dispensing device
 from which such motor fuel is [sold or] offered for sale  a  sign  [or],
 placard  OR  ELECTRONIC  DISPLAY, at least [twelve] SIX inches in height
 and at least [twelve] SIX inches in width, stating clearly  and  legibly
 with  [the] whole cent numerals at least [nine] FOUR AND ONE-HALF inches
 in height and at least [two inches] ONE INCH in width, the selling price
 per gallon of such  [motor]  fuel[;  or].  IF  THE  INDIVIDUAL  PUMP  OR
 DISPENSING  DEVICE  FROM  WHICH SUCH MOTOR FUEL IS SOLD ONLY DISPENSES A
 SINGLE GRADE OF MOTOR FUEL, THE  SIGN,  PLACARD  OR  ELECTRONIC  DISPLAY
 SHALL  BE AT LEAST TWELVE INCHES IN HEIGHT AND AT LEAST TWELVE INCHES IN
 WIDTH, STATING CLEARLY AND LEGIBLY WITH WHOLE  CENT  NUMERALS  AT  LEAST
 NINE  INCHES  IN  HEIGHT  AND  AT LEAST TWO INCHES IN WIDTH, THE SELLING
 PRICE PER GALLON OF SUCH MOTOR FUEL. PRICE CONTRACT SALES  AND  RETAILER
 PROMOTIONS ARE EXCLUDED FROM THE REQUIREMENTS OF THIS SUBPARAGRAPH.  FOR
 PURPOSES OF THIS SUBDIVISION, A PRICE CONTRACT SALE MEANS A SALE WHERE A
 WRITTEN  AGREEMENT  EXISTS,  PRIOR  TO  THE POINT OF SALE, IN WHICH BOTH
 BUYER AND SELLER HAVE ACCEPTED PRICING CONDITIONS OF SALE.
   (II) WHEN A GRADE OF MOTOR FUEL IS OFFERED  FOR  SALE  FROM  THE  SAME
 DISPENSING  DEVICE,  POST EACH SELLING PRICE PER GALLON AS DETERMINED BY
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD14320-01-8

 S. 8110                             2

 THE METHOD OF PAYMENT (E.G., CASH,  CREDIT  OR  DEBIT).  PRICE  CONTRACT
 SALES AND RETAILER PROMOTIONS ARE EXCLUDED FROM THIS REQUIREMENT.
   [(ii)] (III) where such individual pump or dispensing device dispenses
 more  than [two] FOUR differently priced grades of motor fuel, post only
 the highest and lowest selling price  per  gallon  of  such  motor  fuel
 dispensed  therefrom  [must  be  posted] thereon in conformance with all
 other provisions of this subdivision[; or].
   [(iii) where a  multiple  product  dispensing  device  is  capable  of
 dispensing  multiple products at multiple prices, then the selling price
 per gallon may be posted thereon with numerals at  least  one-half  that
 height  and  one-half  that  width  required by subparagraph (i) of this
 paragraph, although numerals  representing  tenths  of  a  cent  may  be
 displayed  at  no less than one-half those dimensions which disclose the
 selling price per gallon of such motor fuel dispensed therefrom.]
   (IV) WHERE THE PRICE PER GALLON OF MOTOR FUEL IS ALSO ADVERTISED ON  A
 SIGN  PLACED OTHER THAN ON AN INDIVIDUAL PUMP OR DISPENSING DEVICE, SUCH
 SIGN SHALL:
   (A) CLEARLY SET FORTH THE GRADE OF  MOTOR  FUEL  TO  WHICH  THE  PRICE
 REFERS; AND
   (B)  IF SUCH PRICE IS CONDITIONED UPON A PARTICULAR METHOD OF PAYMENT,
 RETAILER PROMOTION OR PRICE  CONTRACT  SALE,  THAT  CONDITION  SHALL  BE
 CLEARLY  DISPLAYED  IN  CLOSE PROXIMITY TO THE PRICE, AND IN LETTERS NOT
 LESS THAN THREE-EIGHTHS THE SIZE OF THE NUMBERS STATING  THE  PRICE  PER
 GALLON.   THE INFORMATION CONTAINED ON THE INDIVIDUAL PUMP OR DISPENSING
 DEVICE WITH RESPECT TO ANY PRICE CONDITIONED ON A PARTICULAR  METHOD  OF
 PAYMENT  SHALL  NOT CONFLICT WITH THE INFORMATION ON A SIGN PLACED OTHER
 THAN ON AN INDIVIDUAL PUMP OR DISPENSING DEVICE.
   NOTHING IN THIS SECTION SHALL BE CONSTRUED  TO  PROHIBIT  A  POLITICAL
 SUBDIVISION  OF  THE  STATE FROM CONTINUING TO IMPLEMENT AND ENFORCE ANY
 LOCAL LAW OR REGULATION WHICH REGULATES MOTOR FUEL PRICING ADVERTISED ON
 A SIGN PLACED OTHER THAN ON AN INDIVIDUAL PUMP OR DISPENSING DEVICE THAT
 WAS IN EFFECT PRIOR TO THE EFFECTIVE DATE OF THIS SUBPARAGRAPH. WHERE  A
 POLITICAL SUBDIVISION HAS SUCH A LOCAL LAW OR REGULATION IN EFFECT PRIOR
 TO  THE  EFFECTIVE  DATE  OF  THIS  SUBPARAGRAPH, THE PROVISIONS OF THIS
 SUBPARAGRAPH AND SUBPARAGRAPH (IV) OF THIS PARAGRAPH SHALL HAVE NO FORCE
 AND EFFECT UNTIL SUCH TIME AS  THE  POLITICAL  SUBDIVISION  REPEALS  ITS
 LOCAL  LAW OR REGULATION. AFTER THE EFFECTIVE DATE OF THIS SUBPARAGRAPH,
 NO POLITICAL SUBDIVISION OF THE STATE SHALL ADOPT A LOCAL LAW  OR  REGU-
 LATION  WHICH  REGULATES  MOTOR FUEL PRICING ADVERTISED ON A SIGN PLACED
 OTHER THAN ON AN INDIVIDUAL PUMP OR DISPENSING DEVICE.
   The signs and selling prices shall be posted so as to be clearly visi-
 ble to the driver of an approaching  motor  vehicle  or  motorboat.  The
 name,  trade  name,  brand, mark or symbol, and grade of quality classi-
 fication, if any of such motor fuel shall be  permanently  imprinted  on
 said  motor  fuel  dispensing device. The provisions of this subdivision
 shall not apply to a city, county, town or  village  which  has  already
 enacted  and  continues  in effect a local law, ordinance, rule or regu-
 lation in substantial conformity with this subdivision.  The  provisions
 of  this  subdivision shall be enforced in the counties outside the city
 of New York by the county or city director of weights and  measures,  as
 the  case  may  be,  and  in  the  city of New York by the department of
 consumer affairs.
   § 2. The section title, paragraph b of subdivision 3 and  paragraph  b
 of subdivision 5 of section 192-c of the agriculture and markets law, as
 added  by  chapter  716  of  the  laws  of  1989, are amended to read as
 follows:

 S. 8110                             3
 
   Motor fuel standards and labelling; [cetane rating]  GRADE  of  diesel
 fuel; alcohol content.
   b.  A  refiner,  distributor  or  reseller shall not transfer, sell or
 dispense diesel motor fuel in  this  state  without  delivering  to  the
 purchaser a bill, invoice or other instrument evidencing the transaction
 which  shall  indicate  the  [cetane  rating] GRADE of such diesel motor
 fuel.
   b. A retailer shall not transfer, sell, dispense or offer diesel motor
 fuel for sale in this  state  unless  the  retail  petroleum  dispensing
 device displays a sign disclosing the [minimum cetane rating] GRADE.
   §  3.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.

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Senate Bill S8110

Sponsored By

Archive: Last Bill Status - In Senate Committee Agriculture Committee

Actions

2017-S8110 (ACTIVE) - Details

2017-S8110 (ACTIVE) - Summary

2017-S8110 (ACTIVE) - Sponsor Memo

2017-S8110 (ACTIVE) - Bill Text download pdf

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Sponsored By

Patty Ritchie

Archive: Last Bill Status - In Senate Committee Agriculture Committee

Actions

2017-S8110 (ACTIVE) - Details

2017-S8110 (ACTIVE) - Summary

2017-S8110 (ACTIVE) - Sponsor Memo

2017-S8110 (ACTIVE) - Bill Text download pdf

Comments