NY State Senate Bill 2025-S9050A

Current 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
Feb 12, 2026	print number 9050a
Feb 12, 2026	amend and recommit to agriculture
Jan 27, 2026	referred to agriculture

Bill Amendments

Original

A (Active)

2025-S9050 - Details

See Assembly Version of this Bill:: A10402
Current Committee:: Senate Agriculture
Law Section:: Agriculture and Markets Law
Laws Affected:: Add §192-d, Ag & Mkts L

2025-S9050 - Summary

Provides for motor fuel pollution and health impact labelling requirements for retail outlets.

2025-S9050 - Sponsor Memo

                                 
BILL NUMBER: S9050        Revised 02/18/26

SPONSOR: HARCKHAM
 
TITLE OF BILL:

An act to amend the agriculture and markets law, in relation to motor
fuel pollution and health impact labelling requirements

 
PURPOSE:

Require all gasoline retailers to provide clear labeling of the environ-
mental and health hazards associated with motor fuel for consumer aware-
ness.

 
SUMMARY OF PROVISIONS:

Section 1 adds section 192-d to the agriculture and markets law. The
bill shall require that all motor fuel retailers display and maintain a
prominent label at the point of fuel dispensing, stating: "USE OF THIS
PRODUCT RELEASES AIR POLLUTANTS AND GREENHOUSE GASES, KNOWN BY THE STATE
OF NEW YORK TO BE LINKED TO SIGNIFICANT HEALTH IMPACTS AND CLIMATE
CHANGE"

Section 2 states the effective date.

 
JUSTIFICATION:

Informational labels on gas pumps can increase consumers' awareness of
the link between fossil fuels, air pollution, negative health impacts,
and climate change. Labeling at the pump can encourage more efficient
and sustainable consumer behaviors while incentivizing retailers to
reduce harmful environmental or health impacts in order to avoid nega-
tive labels. Labeling doesn't just inform; it can change supply, encour-
aging cleaner fuels or alternative technologies.  Similar laws, like
chemical disclosure or warning requirements (e.g.  California's Proposi-
tion 65), have driven companies to reformulate products to avoid the
negative labels.' A 2021 NIH report found that "warming labels may acti-
vate extant climate concern norms and shift public opinion toward long
term support of sustainable transportation emissions policies and prac-
tices."'

The need for informational labels is especially necessary when consider-
ing the health impacts of gas and diesel. According to a 2020 GeoHealth
Study, "Global annual total premature deaths of 115,000 and 122,100 are
attributable to the gasoline and diesel sectors."3 The John Hopkins
University Divestment Campaign Fact Sheet for GoFossilFree.ora states
that, "Urban air pollution is projected to become the leading environ-
mental cause of premature death worldwide by 2050."4 Additionally, the
particles in gasoline and diesel vehicle emissions primarily consist of
fine particulate matter (PM). According to Physicians for Social Respon-
sibility, PM causes a multitude of effects including nonfatal heart
attacks, irregular heartbeat, aggravated asthma, decreased lung func-
tion, and increased respiratory symptoms, such as irritation of the
airways, coughing, or difficulty breathing.' PM exposure causes the
development of inflammation on the cellular level, which in turn can
lead to exacerbations of Chronic Obstructive Pulmonary Disease (COPD).
COPD is the fourth leading cause of mortality in the U.S.  Exposures to
PM are also correlated with the development of, and mortality from lung
cancer, the leading cancer killer in both men and women. PM2.5, fine
particulates, cross from the lung into the bloodstream and travel
throughout the body, which can result in inflammation of the cardiac
system, a root cause of heart attack and stroke, and possibly leading to
premature death. Once in the brain, PM causes inflammation and appears
to lead to the deposition of amyloid, a neuropathological feature char-
acteristic of Alzheimer's Disorder. PM exposure is also linked to low
birth weight, premature birth, chronic airway obstruction and remodel-
ing, and sudden infant death6.

Labeling at the pump is an important reminder of the harm gas and diesel
can have on our health, as well our climate. The actions individuals
take can play a role in slowing climate change and mitigating negative
health impacts. The use of warning labels can shift consumer and company
practices and encourage alternatives to fossil fuel vehicles to help
mitigate and reduce the significant health impacts.

 
LEGISLATIVE HISTORY:

None

 
FISCAL IMPLICATIONS:

Undetermined

 
EFFECTIVE DATE:
This act shall take effect one year after it shall have become a law.
Effective immediately, the addition, amendment and/or repeal of any rule
or regulation necessary for the implementation of this act on its effec-
tive date are authorized to be made and completed on or before such
effective date.
1 https://www.washingtonpost.com/climate-solutions/2025/02/12/prop-65-
california-toxic-chemicals/?utm_source
2 https://pmc.ncbi.nlm.nih.gov/articles/PMC8495559/
3 Global Climate and Human Health Effects of the Gasoline and Diesel
Vehicle Fleets - PMC
4 FF Factsheet PublicHealth.pdf
5 FF Factsheet PublicHealth.pdf
6 Particulate Matter I Physicians for Social Responsibility

2025-S9050 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9050
 
                             I N  S E N A T E
 
                             January 27, 2026
                                ___________
 
 Introduced  by Sen. HARCKHAM -- 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  motor
   fuel pollution and health impact labelling requirements
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The agriculture and markets law is amended by adding a  new
 section 192-d to read as follows:
   §  192-D.  MOTOR  FUEL  POLLUTION AND HEALTH IMPACT LABELLING REQUIRE-
 MENTS. 1. FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS  SHALL  HAVE
 THE FOLLOWING MEANINGS:
   (A)  "DISTRIBUTOR"  SHALL  MEAN ANY PERSON WHO TRANSPORTS OR STORES OR
 CAUSES THE TRANSPORTATION OR STORAGE OF GASOLINE AT  ANY  POINT  BETWEEN
 ANY PLANT AT WHICH GASOLINE IS PRODUCED AND ANY RETAIL OUTLET OR FACILI-
 TY OF A WHOLESALE PURCHASER-CONSUMER.
   (B) "MOTOR FUEL" SHALL MEAN ANY PETROLEUM PRODUCT, INCLUDING ANY GASO-
 LINE    OR DIESEL MOTOR   FUEL, WHICH IS  USED  FOR  THE  PROPULSION  OF
 MOTOR VEHICLES.
   (C) "REFINER" SHALL  MEAN  ANY  PERSON  WHO  OWNS,  LEASES,  OPERATES,
 CONTROLS OR SUPERVISES A PLANT AT WHICH GASOLINE IS PRODUCED.
   (D) "RESELLER" SHALL MEAN ANY PERSON WHO PURCHASES GASOLINE IDENTIFIED
 BY  THE CORPORATE, TRADE OR BRAND NAME OF A REFINER FROM SUCH REFINER OR
 A DISTRIBUTOR AND RESELLS OR TRANSFERS  IT  TO  RETAILERS  OR  WHOLESALE
 PURCHASER-CONSUMERS  DISPLAYING THE REFINER'S BRAND, AND WHOSE ASSETS OR
 FACILITIES ARE NOT SUBSTANTIALLY OWNED, LEASED  OR  CONTROLLED  BY  SUCH
 REFINER.
   (E)  "RETAIL  OUTLET" SHALL MEAN ANY ESTABLISHMENT AT WHICH MOTOR FUEL
 IS SOLD OR OFFERED FOR SALE FOR USE IN MOTOR VEHICLES.
   (F) "RETAILER" SHALL MEAN  ANY  PERSON  WHO  OWNS,  LEASES,  OPERATES,
 CONTROLS, OR SUPERVISES A RETAIL OUTLET.
   (G) "WHOLESALE PURCHASER-CONSUMER" SHALL MEAN ANY ORGANIZATION THAT IS
 AN ULTIMATE CONSUMER OF GASOLINE AND WHICH PURCHASES OR OBTAINS GASOLINE
 FROM  A SUPPLIER FOR USE IN MOTOR VEHICLES AND RECEIVES DELIVERY OF THAT
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13905-02-5

 S. 9050                             2
 
 PRODUCT INTO A STORAGE TANK OF AT LEAST FIVE HUNDRED FIFTY GALLON CAPAC-
 ITY SUBSTANTIALLY UNDER THE CONTROL OF THAT ORGANIZATION.
   2. EVERY RETAILER AND WHOLESALE PURCHASER-CONSUMER SHALL AFFIX TO EACH
 GASOLINE  PUMP  STAND  IN  A LOCATION SO AS TO BE READILY VISIBLE TO THE
 EMPLOYEES OF SUCH RETAILER OR WHOLESALE PURCHASER-CONSUMER  AND  TO  ANY
 PERSON OPERATING MOTOR VEHICLES INTO WHICH GASOLINE IS TO BE DISPENSED A
 SIGN WITH AT LEAST ONE-QUARTER INCH BLOCK LETTERS ON A CONTRASTING BACK-
 GROUND:
   "WARNING:  USE  OF THIS PRODUCT RELEASES AIR POLLUTANTS AND GREENHOUSE
 GASES, KNOWN BY THE STATE OF NEW YORK TO BE LINKED TO SIGNIFICANT HEALTH
 IMPACTS AND CLIMATE CHANGE."
   3. (A) THE COMMISSIONER OR THE COMMISSIONER'S DESIGNEE, OR THE  DIREC-
 TOR  OF A MUNICIPAL CONSUMER AFFAIRS OFFICE OR SUCH DIRECTOR'S DESIGNEE,
 AND/OR A MUNICIPAL DIRECTOR OF WEIGHTS AND MEASURES OR  SUCH  DIRECTOR'S
 DESIGNEE, UPON PRESENTATION OF APPROPRIATE CREDENTIALS, SHALL BE AUTHOR-
 IZED TO ENTER DURING REGULAR BUSINESS HOURS UPON OR THROUGH THE BUSINESS
 PREMISES  OF ANY PERSON WHO SELLS OR OFFERS FOR SALE MOTOR FUEL, FOR THE
 PURPOSES  OF  MAKING  INSPECTIONS  TO  DETERMINE  COMPLIANCE  WITH   THE
 PROVISIONS OF THIS SECTION OR ANY RULES OR REGULATIONS PROMULGATED HERE-
 UNDER AND UNDER SECTION ONE HUNDRED SEVENTY-NINE OF THIS ARTICLE.
   (B) WHENEVER THE COMMISSIONER, OR THE DIRECTOR OF A MUNICIPAL CONSUMER
 AFFAIRS  OFFICE AND/OR A MUNICIPAL DIRECTOR OF WEIGHTS AND MEASURES, HAS
 REASON TO BELIEVE THAT A VIOLATION OF THIS SECTION OR ANY RULE OR  REGU-
 LATION  ADOPTED  PURSUANT  TO  THIS  SECTION HAS OCCURRED, THEY SHALL BE
 AUTHORIZED TO MAKE SUCH INVESTIGATION AS THEY SHALL DEEM NECESSARY,  AND
 TO  THE  EXTENT  NECESSARY FOR THIS PURPOSE, THEY MAY EXAMINE ANY PERSON
 AND MAY COMPEL THE PRODUCTION OF ALL RELEVANT RECORDS.
   (C) ANY PERSON SUBJECT TO THE PROVISIONS OF THIS SECTION  SHALL  MAIN-
 TAIN  SUCH  WRITTEN  RECORDS  AS  THE COMMISSIONER, OR THE DIRECTOR OF A
 MUNICIPAL CONSUMER AFFAIRS OFFICE AND/OR A MUNICIPAL DIRECTOR OF WEIGHTS
 AND MEASURES, MAY PRESCRIBE BY REGULATION.
   4. (A) ANY PERSON WHO VIOLATES THE PROVISIONS OF THIS SECTION  OR  ANY
 RULES  OR REGULATIONS PROMULGATED THEREUNDER SHALL BE LIABLE FOR A CIVIL
 PENALTY OF NOT LESS THAN FIVE HUNDRED DOLLARS NOR MORE THAN TEN THOUSAND
 DOLLARS.
   (B) IN THE CASE OF A VIOLATION THROUGH CONTINUING  FAILURE  TO  COMPLY
 WITH  ANY  OF THE PROVISIONS OF THIS SECTION OR ANY RULES OR REGULATIONS
 PROMULGATED THEREUNDER, EACH DAY OF  THE  CONTINUANCE  OF  SUCH  FAILURE
 SHALL BE TREATED AS A SEPARATE VIOLATION.
   (C)  THE CIVIL PENALTIES PRESCRIBED BY THE PROVISIONS OF THIS SUBDIVI-
 SION MAY BE IMPOSED BY THE COMMISSIONER, OR BY THE DIRECTOR OF A MUNICI-
 PAL CONSUMER AFFAIRS OFFICE OR A MUNICIPAL DIRECTOR OF WEIGHTS AND MEAS-
 URES, AS THE CASE MAY BE, AFTER DUE NOTICE  AND  AN  OPPORTUNITY  TO  BE
 HEARD  HAVE  BEEN  PROVIDED OR MAY BE RECOVERED IN A CIVIL ACTION IN THE
 NAME OF THE STATE, OR THE MUNICIPALITY, AS THE CASE MAY BE, COMMENCED IN
 A COURT OF COMPETENT JURISDICTION. A RIGHT OF ACTION FOR THE RECOVERY OF
 A LIABILITY FOR THE CIVIL PENALTIES INCURRED AS PROVIDED IN THIS SECTION
 MAY BE RELEASED, SETTLED OR  COMPROMISED  BY  THE  COMMISSIONER  OR  THE
 DIRECTOR  OF A MUNICIPAL CONSUMER AFFAIRS OFFICE OR A MUNICIPAL DIRECTOR
 OF WEIGHTS AND MEASURES BEFORE THE MATTER IS REFERRED  TO  THE  ATTORNEY
 GENERAL  AS  PROVIDED  IN  SECTION FORTY-FOUR OF THIS CHAPTER, OR BY THE
 ATTORNEY FOR THE MUNICIPALITY, AS THE CASE MAY BE, AND THEREAFTER MAY BE
 RELEASED, SETTLED OR COMPROMISED BY THE ATTORNEY GENERAL OR THE ATTORNEY
 FOR THE MUNICIPALITY, AS THE CASE MAY BE,  EITHER  BEFORE  OR  AFTER  AN
 ACTION  IS BROUGHT TO RECOVER SUCH PENALTY. THE COMMISSIONER OR A DIREC-
 TOR OF A MUNICIPAL CONSUMER AFFAIRS OFFICE OR A  MUNICIPAL  DIRECTOR  OF
 S. 9050                             3
 
 WEIGHTS  AND MEASURES MAY APPLY FOR AN INJUNCTION TO RESTRAIN ANY PERSON
 SUBJECT TO THE PROVISIONS OF THIS SECTION FROM THE FURTHER VIOLATION  OF
 SUCH  PROVISIONS OR FOR SUCH OTHER RELIEF AS THE COURT DEEMS PROPER. ANY
 PLAINTIFF  SEEKING SUCH RELIEF SHALL NOT BE REQUIRED TO FURNISH SECURITY
 AND THE COSTS OF THE APPLICATION MAY BE GRANTED IN THE DISCRETION OF THE
 COURT.
   (D) NOTWITHSTANDING THE FOREGOING, THE COMMISSIONER, OR  THE  DIRECTOR
 OF  A  MUNICIPAL  CONSUMER AFFAIRS OFFICE AND/OR A MUNICIPAL DIRECTOR OF
 WEIGHTS AND MEASURES, AS THE CASE MAY BE, IN A  MANNER  CONSISTENT  WITH
 THE  RULES,  REGULATIONS OR POLICIES OF SUCH COMMISSIONER OR DIRECTOR OR
 DIRECTORS, AS THE CASE MAY BE, SHALL CAUSE TO  BE  PUBLISHED  ONCE  EACH
 MONTH  THE NAME AND BUSINESS LOCATION OF ANY PERSON, FIRM OR CORPORATION
 THAT HAS BEEN FOUND TO HAVE  VIOLATED  ANY  PROVISION  OF  THIS  SECTION
 DURING THE MONTH IMMEDIATELY PRECEDING.
   (E)  THE  PROVISIONS  OF  SECTIONS THIRTY-NINE, FORTY AND FORTY-ONE OF
 THIS CHAPTER SHALL NOT APPLY TO A VIOLATION DESCRIBED IN  THIS  SUBDIVI-
 SION.
   5.  THE  PROVISIONS  OF  THIS  SECTION AND THE REGULATIONS PROMULGATED
 THEREUNDER MAY BE ENFORCED CONCURRENTLY BY THE DIRECTOR OF  A  MUNICIPAL
 CONSUMER AFFAIRS OFFICE AND/OR A MUNICIPAL DIRECTOR OF WEIGHTS AND MEAS-
 URES,  EXCEPT  THAT  NOTHING  IN  THIS  SECTION OR IN SUBDIVISION THREE,
 TWELVE OR NINETEEN OF SECTION ONE HUNDRED SEVENTY-NINE OF  THIS  ARTICLE
 OR  IN  SECTION  ONE HUNDRED NINETY-TWO-A OR ONE HUNDRED NINETY-TWO-C OF
 THIS ARTICLE SHALL BE CONSTRUED TO PROHIBIT A POLITICAL  SUBDIVISION  OF
 THE  STATE  FROM  ALSO CONTINUING TO IMPLEMENT AND ENFORCE ANY LOCAL LAW
 AND REGULATIONS THAT WERE IN EFFECT PRIOR TO THE EFFECTIVE DATE OF  THIS
 SECTION,  AND ANY SUBSEQUENT AMENDMENTS THERETO, PROVIDED SUCH LOCAL LAW
 AND REGULATIONS OR AMENDMENTS THERETO ARE NOT INCONSISTENT WITH REQUIRE-
 MENTS IMPOSED BY THE  PROVISIONS  OF  THIS  SECTION  OR  BY  REGULATIONS
 ADOPTED  PURSUANT  TO  THIS  SECTION.  NOTWITHSTANDING THE PROVISIONS OF
 SECTION FORTY-FIVE OF THIS CHAPTER, ALL MONEYS  COLLECTED  HEREUNDER  AT
 THE INSTANCE OF A MUNICIPAL ENFORCEMENT OFFICER SHALL BE RETAINED BY THE
 MUNICIPALITY.
   6.  NOTHING  IN  THIS SECTION SHALL BE DEEMED TO LIMIT OR RESTRICT THE
 AUTHORITY OF THE COMMISSIONER OF  ENVIRONMENTAL  CONSERVATION  TO  ADOPT
 RULES  AND  REGULATIONS THAT AFFECT THE COMPOSITION, STORAGE, TRANSPORT,
 HANDLING OR COMMERCE OF MOTOR FUEL FOR  THE  PURPOSE  OF  PREVENTING  OR
 DECREASING POLLUTION PURSUANT TO THE ENVIRONMENTAL CONSERVATION LAW.
   7.  THE COMMISSIONER SHALL HAVE THE AUTHORITY TO PROMULGATE SUCH RULES
 AND REGULATIONS AS THE COMMISSIONER SHALL DEEM NECESSARY  TO  EFFECTUATE
 THE PURPOSES OF THIS SECTION, CONSISTENT WITH ITS PROVISIONS.
   §  2. This act shall take effect one year after it shall have become a
 law. Effective immediately, the addition, amendment and/or repeal of any
 rule or regulation necessary for the implementation of this act  on  its
 effective date are authorized to be made and completed on or before such
 effective date.

2025-S9050A (ACTIVE) - Details

See Assembly Version of this Bill:: A10402
Current Committee:: Senate Agriculture
Law Section:: Agriculture and Markets Law
Laws Affected:: Add §192-d, Ag & Mkts L

2025-S9050A (ACTIVE) - Summary

Provides for motor fuel pollution and health impact labelling requirements for retail outlets.

2025-S9050A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9050A

SPONSOR: HARCKHAM
 
TITLE OF BILL:

An act to amend the agriculture and markets law, in relation to motor
fuel pollution and health impact labelling requirements

 
PURPOSE:

Require all gasoline retailers to provide clear labeling of the environ-
mental and health hazards associated with motor fuel for consumer aware-
ness.

 
SUMMARY OF PROVISIONS:

Section 1 adds section 192-d to the agriculture and markets law. The
bill shall require that all motor fuel retailers display and maintain a
prominent label in both English and Spanish at the point of fuel
dispensing, stating: "USE OF THIS PRODUCT RELEASES AIR POLLUTANTS AND
GREENHOUSE GASES, KNOWN BY THE STATE OF NEW YORK TO BE LINKED TO SIGNIF-
ICANT HEALTH IMPACTS AND GLOBAL HEATING"

Section 2 states the effective date.

 
JUSTIFICATION:

Informational labels on gas pumps can increase consumers' awareness of
the link between fossil fuels, air pollution, and climate change.
Labeling at the pump can encourage more efficient and sustainable
consumer behaviors while incentivizing retailers to reduce harmful envi-
ronmental or health impacts in order to avoid negative labels.  Labeling
doesn't just inform; it can change supply, encouraging cleaner fuels or
alternative technologies. Similar laws, like chemical disclosure or
warning requirements (e.g. California's Proposition 65), have driven
companies to reformulate products to avoid the negative labels. 1 A 2021
NIH report found that "warming labels may activate extant climate
concern nouns and shift public opinion toward long term support of
sustainable transportation emissions policies and practices." 2

 
PRIOR LEGISLATIVE HISTORY:

None.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

Undetermined

 
EFFECTIVE DATE:
This act shall take effect one year after it shall have become a law.
Effective immediately, the addition, amendment and/or repeal of any rule
or regulation necessary for the implementation of this act on its effec-
tive date are authorized to be made and completed on or before such
effective date.
1 https://wvvw.washingtonpost.corn/climate-solutions/ 2025/02/12/
prop-65-california-toxic-chemicals/?utm_source
2 https://pmc.ncbi.nlm.nih.gov/ articles/PMC8495559/

2025-S9050A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9050--A
 
                             I N  S E N A T E
 
                             January 27, 2026
                                ___________
 
 Introduced  by Sen. HARCKHAM -- read twice and ordered printed, and when
   printed to be committed to the Committee on Agriculture  --  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 motor
   fuel pollution and health impact labelling requirements

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. The agriculture and markets law is amended by adding a new
 section 192-d to read as follows:
   § 192-D. MOTOR FUEL POLLUTION AND  HEALTH  IMPACT  LABELLING  REQUIRE-
 MENTS.  1.  FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE
 THE FOLLOWING MEANINGS:
   (A) "DISTRIBUTOR" SHALL MEAN ANY PERSON WHO TRANSPORTS  OR  STORES  OR
 CAUSES  THE TRANSPORTATION OR STORAGE OF MOTOR FUEL AT ANY POINT BETWEEN
 ANY PLANT AT WHICH MOTOR FUEL IS  PRODUCED  AND  ANY  RETAIL  OUTLET  OR
 FACILITY OF A WHOLESALE PURCHASER-CONSUMER.
   (B) "MOTOR FUEL" SHALL MEAN ANY PETROLEUM PRODUCT, INCLUDING ANY GASO-
 LINE    OR DIESEL MOTOR   FUEL, WHICH IS  USED  FOR  THE  PROPULSION  OF
 MOTOR VEHICLES.
   (C) "REFINER" SHALL  MEAN  ANY  PERSON  WHO  OWNS,  LEASES,  OPERATES,
 CONTROLS OR SUPERVISES A PLANT AT WHICH MOTOR FUEL IS PRODUCED.
   (D)  "RESELLER" SHALL MEAN ANY PERSON WHO PURCHASES MOTOR FUEL IDENTI-
 FIED BY THE CORPORATE, TRADE OR BRAND NAME OF A REFINER FROM SUCH REFIN-
 ER OR A DISTRIBUTOR AND RESELLS OR TRANSFERS IT TO RETAILERS  OR  WHOLE-
 SALE  PURCHASER-CONSUMERS  DISPLAYING  THE  REFINER'S  BRAND,  AND WHOSE
 ASSETS OR FACILITIES ARE NOT SUBSTANTIALLY OWNED, LEASED  OR  CONTROLLED
 BY SUCH REFINER.
   (E)  "RETAIL  OUTLET" SHALL MEAN ANY ESTABLISHMENT AT WHICH MOTOR FUEL
 IS SOLD OR OFFERED FOR SALE FOR USE IN MOTOR VEHICLES.
   (F) "RETAILER" SHALL MEAN  ANY  PERSON  WHO  OWNS,  LEASES,  OPERATES,
 CONTROLS, OR SUPERVISES A RETAIL OUTLET.
   (G) "WHOLESALE PURCHASER-CONSUMER" SHALL MEAN ANY ORGANIZATION THAT IS
 AN  ULTIMATE CONSUMER OF MOTOR FUEL AND WHICH PURCHASES OR OBTAINS MOTOR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD13905-03-6
 S. 9050--A                          2
 
 FUEL FROM A SUPPLIER FOR USE IN MOTOR VEHICLES AND RECEIVES DELIVERY  OF
 THAT  PRODUCT  INTO A STORAGE TANK OF AT LEAST FIVE HUNDRED FIFTY GALLON
 CAPACITY SUBSTANTIALLY UNDER THE CONTROL OF THAT ORGANIZATION.
   2. EVERY RETAILER AND WHOLESALE PURCHASER-CONSUMER SHALL AFFIX TO EACH
 MOTOR  FUEL  PUMP STAND IN A LOCATION SO AS TO BE READILY VISIBLE TO THE
 EMPLOYEES OF SUCH RETAILER OR WHOLESALE PURCHASER-CONSUMER  AND  TO  ANY
 PERSON OPERATING MOTOR VEHICLES INTO WHICH MOTOR FUEL IS TO BE DISPENSED
 A  SIGN,  IN  BOTH  ENGLISH  AND SPANISH, WITH AT LEAST ONE-QUARTER INCH
 BLOCK LETTERS ON A CONTRASTING BACKGROUND:
   "WARNING: USE OF THIS PRODUCT RELEASES AIR POLLUTANTS  AND  GREENHOUSE
 GASES, KNOWN BY THE STATE OF NEW YORK TO BE LINKED TO SIGNIFICANT HEALTH
 IMPACTS AND CLIMATE CHANGE."
   3.  (A) THE COMMISSIONER OR THE COMMISSIONER'S DESIGNEE, OR THE DIREC-
 TOR OF A MUNICIPAL CONSUMER AFFAIRS OFFICE OR SUCH DIRECTOR'S  DESIGNEE,
 AND/OR  A  MUNICIPAL DIRECTOR OF WEIGHTS AND MEASURES OR SUCH DIRECTOR'S
 DESIGNEE, UPON PRESENTATION OF APPROPRIATE CREDENTIALS, SHALL BE AUTHOR-
 IZED TO ENTER DURING REGULAR BUSINESS HOURS UPON OR THROUGH THE BUSINESS
 PREMISES OF ANY PERSON WHO SELLS OR OFFERS FOR SALE MOTOR FUEL, FOR  THE
 PURPOSES   OF  MAKING  INSPECTIONS  TO  DETERMINE  COMPLIANCE  WITH  THE
 PROVISIONS OF THIS SECTION OR ANY RULES OR REGULATIONS PROMULGATED HERE-
 UNDER AND UNDER SECTION ONE HUNDRED SEVENTY-NINE OF THIS ARTICLE.
   (B) WHENEVER THE COMMISSIONER, OR THE DIRECTOR OF A MUNICIPAL CONSUMER
 AFFAIRS OFFICE AND/OR A MUNICIPAL DIRECTOR OF WEIGHTS AND MEASURES,  HAS
 REASON  TO BELIEVE THAT A VIOLATION OF THIS SECTION OR ANY RULE OR REGU-
 LATION ADOPTED PURSUANT TO THIS SECTION  HAS  OCCURRED,  THEY  SHALL  BE
 AUTHORIZED  TO MAKE SUCH INVESTIGATION AS THEY SHALL DEEM NECESSARY, AND
 TO THE EXTENT NECESSARY FOR THIS PURPOSE, THEY MAY  EXAMINE  ANY  PERSON
 AND MAY COMPEL THE PRODUCTION OF ALL RELEVANT RECORDS.
   (C)  ANY  PERSON SUBJECT TO THE PROVISIONS OF THIS SECTION SHALL MAIN-
 TAIN SUCH WRITTEN RECORDS AS THE COMMISSIONER,  OR  THE  DIRECTOR  OF  A
 MUNICIPAL CONSUMER AFFAIRS OFFICE AND/OR A MUNICIPAL DIRECTOR OF WEIGHTS
 AND MEASURES, MAY PRESCRIBE BY REGULATION.
   4.  (A)  ANY PERSON WHO VIOLATES THE PROVISIONS OF THIS SECTION OR ANY
 RULES OR REGULATIONS PROMULGATED THEREUNDER SHALL BE  ISSUED  A  WARNING
 FOR  THE  FIRST  VIOLATION.  FOR  THE SECOND VIOLATION THE CIVIL PENALTY
 SHALL NOT EXCEED TWO HUNDRED FIFTY DOLLARS  AND  SHALL  NOT  EXCEED  ONE
 THOUSAND DOLLARS FOR ANY SUBSEQUENT VIOLATION.
   (B)  IN  THE  CASE OF A VIOLATION THROUGH CONTINUING FAILURE TO COMPLY
 WITH ANY OF THE PROVISIONS OF THIS SECTION OR ANY RULES  OR  REGULATIONS
 PROMULGATED  THEREUNDER,  EACH  DAY  OF  THE CONTINUANCE OF SUCH FAILURE
 SHALL BE TREATED AS A SEPARATE VIOLATION.
   (C) THE CIVIL PENALTIES PRESCRIBED BY THE PROVISIONS OF THIS  SUBDIVI-
 SION MAY BE IMPOSED BY THE COMMISSIONER, OR BY THE DIRECTOR OF A MUNICI-
 PAL CONSUMER AFFAIRS OFFICE OR A MUNICIPAL DIRECTOR OF WEIGHTS AND MEAS-
 URES,  AS  THE  CASE  MAY  BE, AFTER DUE NOTICE AND AN OPPORTUNITY TO BE
 HEARD HAVE BEEN PROVIDED OR MAY BE RECOVERED IN A CIVIL  ACTION  IN  THE
 NAME OF THE STATE, OR THE MUNICIPALITY, AS THE CASE MAY BE, COMMENCED IN
 A COURT OF COMPETENT JURISDICTION. A RIGHT OF ACTION FOR THE RECOVERY OF
 A LIABILITY FOR THE CIVIL PENALTIES INCURRED AS PROVIDED IN THIS SECTION
 MAY  BE  RELEASED,  SETTLED  OR  COMPROMISED  BY THE COMMISSIONER OR THE
 DIRECTOR OF A MUNICIPAL CONSUMER AFFAIRS OFFICE OR A MUNICIPAL  DIRECTOR
 OF  WEIGHTS  AND  MEASURES BEFORE THE MATTER IS REFERRED TO THE ATTORNEY
 GENERAL AS PROVIDED IN SECTION FORTY-FOUR OF THIS  CHAPTER,  OR  BY  THE
 ATTORNEY FOR THE MUNICIPALITY, AS THE CASE MAY BE, AND THEREAFTER MAY BE
 RELEASED, SETTLED OR COMPROMISED BY THE ATTORNEY GENERAL OR THE ATTORNEY
 FOR  THE  MUNICIPALITY,  AS  THE  CASE MAY BE, EITHER BEFORE OR AFTER AN
 S. 9050--A                          3
 
 ACTION IS BROUGHT TO RECOVER SUCH PENALTY. THE COMMISSIONER OR A  DIREC-
 TOR  OF  A  MUNICIPAL CONSUMER AFFAIRS OFFICE OR A MUNICIPAL DIRECTOR OF
 WEIGHTS AND MEASURES MAY APPLY FOR AN INJUNCTION TO RESTRAIN ANY  PERSON
 SUBJECT  TO THE PROVISIONS OF THIS SECTION FROM THE FURTHER VIOLATION OF
 SUCH PROVISIONS OR FOR SUCH OTHER RELIEF AS THE COURT DEEMS PROPER.  ANY
 PLAINTIFF  SEEKING SUCH RELIEF SHALL NOT BE REQUIRED TO FURNISH SECURITY
 AND THE COSTS OF THE APPLICATION MAY BE GRANTED IN THE DISCRETION OF THE
 COURT.
   (D) NOTWITHSTANDING THE FOREGOING, THE COMMISSIONER, OR  THE  DIRECTOR
 OF  A  MUNICIPAL  CONSUMER AFFAIRS OFFICE AND/OR A MUNICIPAL DIRECTOR OF
 WEIGHTS AND MEASURES, AS THE CASE MAY BE, IN A  MANNER  CONSISTENT  WITH
 THE  RULES,  REGULATIONS OR POLICIES OF SUCH COMMISSIONER OR DIRECTOR OR
 DIRECTORS, AS THE CASE MAY BE, SHALL CAUSE TO  BE  PUBLISHED  ONCE  EACH
 MONTH  THE NAME AND BUSINESS LOCATION OF ANY PERSON, FIRM OR CORPORATION
 THAT HAS BEEN FOUND TO HAVE  VIOLATED  ANY  PROVISION  OF  THIS  SECTION
 DURING THE MONTH IMMEDIATELY PRECEDING.
   (E)  THE  PROVISIONS  OF  SECTIONS THIRTY-NINE, FORTY AND FORTY-ONE OF
 THIS CHAPTER SHALL NOT APPLY TO A VIOLATION DESCRIBED IN  THIS  SUBDIVI-
 SION.
   5.  THE  PROVISIONS  OF  THIS  SECTION AND THE REGULATIONS PROMULGATED
 THEREUNDER MAY BE ENFORCED CONCURRENTLY BY THE DIRECTOR OF  A  MUNICIPAL
 CONSUMER AFFAIRS OFFICE AND/OR A MUNICIPAL DIRECTOR OF WEIGHTS AND MEAS-
 URES,  EXCEPT  THAT  NOTHING  IN  THIS  SECTION OR IN SUBDIVISION THREE,
 TWELVE OR NINETEEN OF SECTION ONE HUNDRED SEVENTY-NINE OF  THIS  ARTICLE
 OR  IN  SECTION  ONE HUNDRED NINETY-TWO-A OR ONE HUNDRED NINETY-TWO-C OF
 THIS ARTICLE SHALL BE CONSTRUED TO PROHIBIT A POLITICAL  SUBDIVISION  OF
 THE  STATE  FROM  ALSO CONTINUING TO IMPLEMENT AND ENFORCE ANY LOCAL LAW
 AND REGULATIONS THAT WERE IN EFFECT PRIOR TO THE EFFECTIVE DATE OF  THIS
 SECTION,  AND ANY SUBSEQUENT AMENDMENTS THERETO, PROVIDED SUCH LOCAL LAW
 AND REGULATIONS OR AMENDMENTS THERETO ARE NOT INCONSISTENT WITH REQUIRE-
 MENTS IMPOSED BY THE  PROVISIONS  OF  THIS  SECTION  OR  BY  REGULATIONS
 ADOPTED  PURSUANT  TO  THIS  SECTION.  NOTWITHSTANDING THE PROVISIONS OF
 SECTION FORTY-FIVE OF THIS CHAPTER, ALL MONEYS  COLLECTED  HEREUNDER  AT
 THE INSTANCE OF A MUNICIPAL ENFORCEMENT OFFICER SHALL BE RETAINED BY THE
 MUNICIPALITY.
   6.  NOTHING  IN  THIS SECTION SHALL BE DEEMED TO LIMIT OR RESTRICT THE
 AUTHORITY OF OTHER AGENCIES OR AUTHORITIES FROM ADOPTING RULES AND REGU-
 LATIONS THAT AFFECT THE COMPOSITION,  STORAGE,  TRANSPORT,  HANDLING  OR
 COMMERCE  OF  MOTOR FUEL FOR THE PURPOSE OF REGULATING POLLUTION, SAFETY
 AND OTHER HEALTH IMPACTS.
   7. THE COMMISSIONER SHALL HAVE THE AUTHORITY TO PROMULGATE SUCH  RULES
 AND  REGULATIONS  AS THE COMMISSIONER SHALL DEEM NECESSARY TO EFFECTUATE
 THE PURPOSES OF THIS SECTION, CONSISTENT WITH ITS PROVISIONS.
   § 2. This act shall take effect one year after it shall have become  a
 law. Effective immediately, the addition, amendment and/or repeal of any
 rule  or  regulation necessary for the implementation of this act on its
 effective date are authorized to be made and completed on or before such
 effective date.

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Senate Bill S9050A

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Sponsored By

Pete Harckham

Current Bill Status - In Senate Committee Agriculture Committee

Actions

Bill Amendments

2025-S9050 - Details

2025-S9050 - Summary

2025-S9050 - Sponsor Memo

2025-S9050 - Bill Text download pdf

2025-S9050A (ACTIVE) - Details

2025-S9050A (ACTIVE) - Summary

2025-S9050A (ACTIVE) - Sponsor Memo

2025-S9050A (ACTIVE) - Bill Text download pdf

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