Senate Bill S5440A

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5440--A
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 21, 2025
                                ___________
 
 Introduced  by  Sen.  LIU  --  read  twice and ordered printed, and when
   printed to be committed to the Committee on Environmental Conservation
   -- committee discharged, bill amended, ordered  reprinted  as  amended
   and recommitted to said committee
 
 AN  ACT  to  amend  the  environmental  conservation law, in relation to
   prohibiting leaded aviation gasoline
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Article 19 of the environmental conservation law is amended
 by adding a new title 13 to read as follows:
                                 TITLE 13
                         LEADED AVIATION GASOLINE
 SECTION 19-1301. DEFINITIONS.
         19-1303. LEADED AVIATION GASOLINE PROHIBITED.
         19-1305. FEDERAL GRANT EXEMPTION.
 § 19-1301. DEFINITIONS.
   AS  USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING
 MEANINGS:
   1. "AVIATION RETAIL ESTABLISHMENT" MEANS ANY PUBLIC OR PRIVATE  ENTITY
 THAT  SELLS  AVIATION  GASOLINE,  OR OFFERS OR OTHERWISE MAKES AVAILABLE
 AVIATION GASOLINE, TO A CUSTOMER, INCLUDING OTHER BUSINESSES OR  GOVERN-
 MENT ENTITIES, FOR USE IN THIS STATE.
   2.  "LEADED  AVIATION  GASOLINE"  SHALL  HAVE  THE  SAME MEANING AS IN
 SECTION 47017(22) OF TITLE 49 OF THE UNITED STATES CODE.
 § 19-1303. LEADED AVIATION GASOLINE PROHIBITED.
   AN AIRPORT OPERATOR OR AVIATION RETAIL ESTABLISHMENT SHALL  NOT  SELL,
 DISTRIBUTE,  OR  OTHERWISE  MAKE  AVAILABLE  LEADED AVIATION GASOLINE TO
 CONSUMERS ON OR AFTER JANUARY FIRST, TWO THOUSAND THIRTY-ONE, IN COMPLI-
 ANCE WITH SECTION 47107 OF TITLE 49 OF THE UNITED STATES CODE.
 § 19-1305. FEDERAL GRANT EXEMPTION.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07501-02-5
 S. 5440--A                          2
              

 
   IF A PROVISION OF THIS TITLE CONFLICTS WITH A FEDERAL GRANT  ASSURANCE
 IN  EFFECT ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-FOUR,
 SUCH PROVISION SHALL NOT APPLY TO AN AIRPORT OPERATOR  SUBJECT  TO  SUCH
 GRANT ASSURANCE UNTIL THE FEDERAL GRANT ASSURANCE EXPIRES.
   §  2. Severability.   If any clause, sentence, paragraph, subdivision,
 section or part of this act shall be adjudged by any court of  competent
 jurisdiction  to  be invalid, such judgment shall not affect, impair, or
 invalidate the remainder thereof, but shall be confined in its operation
 to the clause, sentence, paragraph, subdivision, section or part thereof
 directly involved in the controversy in which  such judgment shall  have
 been rendered. It is hereby declared to be the intent of the legislature
 that  this  act  would have been enacted even if such invalid provisions
 had not been included herein.
   § 3. This act shall take effect immediately.