S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7567--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 14, 2021
                                ___________
 
 Introduced by M. of A. McMAHON, LUPARDO, STIRPE, ZINERMAN -- (at request
   of  the  Department  of  Agriculture  and  Markets)  --  read once and
   referred to the Committee on Agriculture -- reported and  referred  to
   the Committee on Ways and Means -- committee discharged, bill amended,
   ordered reprinted as amended and recommitted to said committee

 AN ACT to amend the agriculture and markets law, in relation to alterna-
   tive fuel standards and specifications
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  Paragraph b of subdivision 3 of section 179 of  the  agri-
 culture and markets law, as added by chapter 190 of the laws of 1990, is
 amended to read as follows:
   b.  Adopt  rules and regulations in consultation with the commissioner
 of environmental  conservation,  setting  forth  standards  relating  to
 petroleum  product  AND  ALTERNATIVE  FUEL  quality, specifications, and
 sampling and testing methods. Rules and regulations relating  to  octane
 ratings and lead content of gasoline shall be consistent with applicable
 federal statutes and regulations. Insofar as practicable, such rules and
 regulations  shall  be  consistent  with  standards  established  by the
 National Institute of Standards and Technology and the American  Society
 for  Testing  and  Materials.  FOR THE PURPOSE OF THIS SECTION, THE TERM
 "ALTERNATIVE FUEL" MEANS ALCOHOLS SUCH AS ETHANOL, METHANOL, BUTANOL AND
 NON-PETROLEUM LIQUID OR GASEOUS FUELS, OTHER THAN ALCOHOL, DERIVED  FROM
 BIOLOGICAL  MATERIALS, SUITABLE FOR USE AND CONSUMPTION IN THE ENGINE OF
 A MOTOR VEHICLE.
   § 2. Paragraph a of subdivision 19 of section 179 of  the  agriculture
 and  markets  law,  as  amended  by  chapter 190 of the laws of 1990, is
 amended to read as follows:
   a. Inspect, test, and take samples, of any and all petroleum  products
 AND ALTERNATIVE FUEL kept, offered or exposed for sale or in the process
 of  delivery  or transport and inspect any and all documents and records
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD09948-04-1

 A. 7567--A                          2
 
 required to be maintained by this article. The commissioner of  taxation
 and  finance may request from the commissioner cooperation and technical
 assistance, including, among other things, the inspection,  testing  and
 sampling  of  petroleum  products, in connection with the administration
 and enforcement of the fee  and  taxes  imposed  with  respect  to  such
 products by or pursuant to article twelve-A, thirteen-A, twenty-eight or
 twenty-nine of the tax law.
   §  3. Paragraphs b and c of subdivision 19 of section 179 of the agri-
 culture and markets law, as added by chapter 716 of the  laws  of  1989,
 are amended to read as follows:
   b. Provide test kits, sample containers and shipping and custody docu-
 ments  for  municipal  weights  and measures programs and reimburse such
 municipalities for the cost of petroleum product  AND  ALTERNATIVE  FUEL
 samples  and  sample  shipping  to  a testing facility designated by the
 commissioner.
   c. Provide financial reimbursement to  municipalities  for  activities
 undertaken  by  municipal  weights and measures programs, for one annual
 inspection, screening test, and sample of fuel being held, kept, stored,
 or transported in a terminal storage tank or in a storage  tank  located
 at  a retail fuel outlet and for all additional inspections of petroleum
 products AND  ALTERNATIVE  FUEL  prescribed  by  the  commissioner.  The
 commissioner,   by  regulation,  shall  establish  the  amount  of  such
 reimbursement and the means by which municipalities can qualify for such
 reimbursement.
   § 4. This act shall take effect on the sixtieth  day  after  it  shall
 have become a law.