S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5933
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 20, 2019
                                ___________
 
 Introduced  by M. of A. ENGLEBRIGHT, COOK -- Multi-Sponsored by -- M. of
   A. 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:
   § 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.
              

                                                            LBD09871-01-9

 A. 5933                             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. 5933                             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.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.