N.Y. Environmental Conservation Law § 19-1103: Vehicle global warming index labels

§ 19-1103. Vehicle global warming index labels.

1. No model year two thousand ten or subsequent model year motor

vehicle shall be sold in this state unless there is securely and

conspicuously affixed in a clearly visible location, a label on which

the manufacturer shall endorse clearly, distinctly, and legibly true and

correct entries disclosing information concerning the emissions of

global warming gases.

2. Unless alternative labeling is approved by the commissioner

pursuant to section 19-1105 of this title, the label required by

subdivision one of this section shall include:

a. a global warming index that contains quantitative information

presented in a continuous, easy-to-read scale, unless the commissioner

determines, after public hearing, that an alternative graphical

representation will more effectively convey the information to

consumers, and that compares the emissions of global warming gases from

the vehicle with the average projected emissions of global warming gases

from all vehicles of the same model year. For reference purposes, the

index shall also identify the emissions of global warming gases from the

vehicle model of that same model year that has the lowest emissions of

global warming gases; and

b. the use of at least one color ink, as determined by the

commissioner, in addition to black.

3. In order to ensure that the label is useful and informative to

consumers, the commissioner shall, in designing the label and to the

extent feasible within its existing resources:

a. seek input from the commissioner of motor vehicles, automotive

consumers, graphic design professionals, and persons with expertise in

environmental labeling; and

b. consider other relevant label formats consistent with paragraph a

of subdivision two of this section.

4. The index included in the label pursuant to paragraph a of

subdivision two of this section shall be updated as determined necessary

by the commissioner to ensure that the differences in emissions among

vehicles are readily apparent to the consumer.

5. Such label and index included in such label shall, to the largest

extent possible, be consistent with labels and information required by

other states. A label that complies with the requirements of the

California vehicle labeling program shall be deemed to meet the

requirements of this title. An automobile manufacturer may apply to the

commissioner for approval of an alternative to the labeling requirement

that is at least as effective in providing presale notification of the

vehicle's emissions of global warming gases as is the labeling required

by this title.

6. Nothing in this section shall be construed as prohibiting a

purchaser from removing the label required by this section, after such

purchaser has taken possession of the vehicle.