Bill Text: NY A07567 | 2021-2022 | General Assembly | Amended

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Bill Title: Authorizes the commissioner of agriculture and markets, in consultation with the commissioner of environmental conservation, to adopt rules and regulations setting forth standards relating to alternative fuel quality; authorizes the commissioner of agriculture and markets to inspect, test and take samples of alternative fuel kept, offered or exposed for sale or in the process of delivery or transport; defines 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; makes related provisions.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Passed) 2021-08-02 - signed chap.334 [A07567 Detail]

Download: New_York-2021-A07567-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         7567--A

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                      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:

     1    Section 1.  Paragraph b of subdivision 3 of section 179 of  the  agri-
     2  culture and markets law, as added by chapter 190 of the laws of 1990, is
     3  amended to read as follows:
     4    b.  Adopt  rules and regulations in consultation with the commissioner
     5  of environmental  conservation,  setting  forth  standards  relating  to
     6  petroleum  product  and  alternative  fuel  quality, specifications, and
     7  sampling and testing methods. Rules and regulations relating  to  octane
     8  ratings and lead content of gasoline shall be consistent with applicable
     9  federal statutes and regulations. Insofar as practicable, such rules and
    10  regulations  shall  be  consistent  with  standards  established  by the
    11  National Institute of Standards and Technology and the American  Society
    12  for  Testing  and  Materials.  For the purpose of this section, the term
    13  "alternative fuel" means alcohols such as ethanol, methanol, butanol and
    14  non-petroleum liquid or gaseous fuels, other than alcohol, derived  from
    15  biological  materials, suitable for use and consumption in the engine of
    16  a motor vehicle.
    17    § 2. Paragraph a of subdivision 19 of section 179 of  the  agriculture
    18  and  markets  law,  as  amended  by  chapter 190 of the laws of 1990, is
    19  amended to read as follows:
    20    a. Inspect, test, and take samples, of any and all petroleum  products
    21  and alternative fuel kept, offered or exposed for sale or in the process
    22  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

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