NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A7690
SPONSOR: Santabarbara
 
TITLE OF BILL: An act to amend the agriculture and markets law, in
relation to diesel fuel grade posting requirements
 
PURPOSE:
The purpose of the bill is to replace the diesel motor fuel cetane
rating requirements for sale and signage with a requirement that the
grade of diesel motor fuel be specified. Summary of provisions:
Section 1 of the bill would amend Agriculture and Markets Law (AML)
Section 192-c to provide that the grade of diesel motor fuel, rat her
than the cetane rating, must be shown on documentation provided by a
refiner, distributor or reseller to a purchaser and displayed by a
retailer on the sign for a retail petroleum dispensing device.
Section 2 of the bill provides for an effective date 60 days after
becoming law.
 
JUSTIFICATION:
AML Section 192-c currently requires the cetane rating of diesel motor
fuel be shown on the documentation provided by a refiner, distributor or
reseller to a purchaser and displayed by a retailer on the sign for a
retail petroleum dispensing device. This bill would replace the require-
ments that the cetane rating for diesel motor fuel be documented and
posted with a requirement to document and post the grade of diesel fuel.
The requirement to post both grade and cetane is widely viewed as redun-
dant as both 1 and 2 D diesel fuel are required to have a minimum cetane
of 40. As most states have removed the requirement to post cetane, this
bill would make New York's documentation and signage requirement
consistent with other states.
 
PRIOR LEGISLATIVE HISTORY:
None.
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
The bill would take effect 60 days after becoming law.
STATE OF NEW YORK
________________________________________________________________________
7690
2019-2020 Regular Sessions
IN ASSEMBLY
May 16, 2019
___________
Introduced by M. of A. SANTABARBARA, LUPARDO -- (at request of the
Department of Agriculture and Markets) -- read once and referred to
the Committee on Agriculture
AN ACT to amend the agriculture and markets law, in relation to diesel
fuel grade posting requirements
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The section heading, paragraph b of subdivision 3 and para-
2 graph b of subdivision 5 of section 192-c of the agriculture and markets
3 law, as added by chapter 716 of the laws of 1989, are amended to read as
4 follows:
5 Motor fuel standards and labelling; [cetane rating] grade of diesel
6 fuel; alcohol content.
7 b. A refiner, distributor or reseller shall not transfer, sell or
8 dispense diesel motor fuel in this state without delivering to the
9 purchaser a bill, invoice or other instrument evidencing the transaction
10 which shall indicate the [cetane rating] grade of such diesel motor
11 fuel.
12 b. A retailer shall not transfer, sell, dispense or offer diesel motor
13 fuel for sale in this state unless the retail petroleum dispensing
14 device displays a sign disclosing the [minimum cetane rating] grade.
15 § 2. This act shall take effect on the sixtieth day after it shall
16 have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09039-01-9