§ 179 — Powers and duties of the commissioner

§ 179. Powers and duties of the commissioner. The commissioner is\nhereby authorized to:\n 1. Administer, supervise and enforce the provisions of this article.\n 2. Promulgate such rules and regulations as he may deem necessary to\nsupplement and give full effect to this article.\n 3. a. Adopt and incorporate by reference in such rules and regulations\nany official handbook, or part thereof, published by the national bureau\nof standards or its successor organization, the national institute of\nstandards and technology, and file any handbook, or part thereof, so\nadopted with the secretary of state.\n b. Adopt rules and regulations in consultation with the commissioner\nof environmental conservation, setting forth standards relating to\npetroleum product and alternative fuel quality, specifications, and\nsampling and testing methods. Rules and regulations relating to octane\nratings and lead content of gasoline shall be consistent with applicable\nfederal statutes and regulations. Insofar as practicable, such rules and\nregulations shall be consistent with standards established by the\nNational Institute of Standards and Technology and the American Society\nfor Testing and Materials. For the purpose of this section, the term\n"alternative fuel" means alcohols such as ethanol, methanol, butanol and\nnon-petroleum liquid or gaseous fuels, other than alcohol, derived from\nbiological materials, suitable for use and consumption in the engine of\na motor vehicle.\n 4. Take charge of the standards adopted by this article as the primary\nstandards of the state; cause them to be kept in the principal office of\nthe department in the city of Albany, from which they shall not be\nremoved except for repairs or for certification; and take all other\nprecautions for their safekeeping.\n 5. Submit such primary standards to the national bureau of standards\nor its successor organization, the national institute of standards and\ntechnology, for certification as often as he may deem necessary or upon\nthe request of such bureau.\n 6. Maintain a complete set of copies of such primary standards, which\nshall be used for adjusting municipal standards, and the primary\nstandards shall not be used except for the adjustment of this set of\ncopies.\n 7. Procure such apparatus, equipment and standards, if the same have\nnot already been procured, as are necessary in the comparison and\nadjustment of municipal standards.\n 8. Keep a complete record of the standards, balances and other related\napparatus which are in his possession.\n 9. Inspect, either personally or through his authorized agents, as\noften as he deems necessary but no less than once every two years, the\nstandards of weights and measures of each county and of each city which\nmaintains a weights and measures program; and at least every five years,\ncompare the same with those in his possession and make such corrections\nin the municipal standards as are necessary; and keep a record of the\nsame.\n 10. Supervise the weights and measures, weighing and measuring devices\nand systems, and accessories related thereto, which are sold, offered or\nexposed for sale, or used in the state.\n 11. Test, calibrate and certify, upon the request of any person, firm\nor corporation, standards of weights and measures, weighing and\nmeasuring devices and systems, and accessories related thereto; and\ncharge such fees therefor as he deems appropriate.\n 12. (a) Establish specifications, amounts of tolerances and reasonable\nvariations allowable for weights and measures, weighing and measuring\ndevices and systems, and accessories relating thereto, for packaged\ncommodities sold, or offered or exposed for sale in the state, for the\ncomposition and quality of petroleum products, and the testing methods\ntherefor, giving due recognition to federal and state requirements, and\nenter into such written agreements as the commissioner may deem\nappropriate, with federal agencies and other state agencies for the\npurpose of establishing and enforcing uniform specifications and\ntolerances and (b) establish, by regulation, and collect an appropriate\nfee commensurate with costs, for the examination of all new types of\nweighing and measuring devices and systems, and accessories relating\nthereto prior to their introduction into commerce.\n 13. Inspect and test, either personally or through his authorized\nagents, weights and measures, weighing and measuring devices and\nsystems, and accessories relating thereto which are used commercially\nwithin the state by any person, firm or corporation in determining the\nweight, measure or count of commodities or things sold, or offered or\nexposed for sale on the basis of weight, measure or count, or in\ncomputing the basic charge or payment for services rendered on the basis\nof weight, measure or count, or in the case of coin counting machines\nwhich are used commercially within the state by any coin processor\nrequired to be licensed pursuant to article twenty-seven-A of the\ngeneral business law ("coin processor licensing act"), in determining an\naccurate count of coins, in order to ascertain if such weights and\nmeasures, weighing and measuring devices and systems, or accessories\nrelated thereto are correct and are being used correctly; and charge\nfees commensurate with the cost of each such inspection or test for\ninspections and tests which are not otherwise conducted by\nmunicipalities. The commissioner is also authorized to charge fees\ncommensurate with the cost of each such inspection or test for\ninspections and tests conducted for the purpose of certifying municipal\nweighing and measuring devices and systems. Fees authorized by this\nsubdivision shall be established by the commissioner by regulation.\n 14. Weigh, measure and inspect, either personally or through his\nauthorized agents, packaged commodities kept, offered or exposed for\nsale, sold or in the process of delivery to determine whether such\npackages contain the amounts represented and whether they are kept,\noffered or exposed for sale in accordance with this article or the rules\nand regulations promulgated pursuant thereto.\n 15. Cause to be tested, as often as he deems necessary by a weights\nand measures official all weights and measures, weighing and measuring\ndevices and systems, and accessories related thereto, used in checking\nthe receipt or disbursement of supplies in every state agency or\ninstitution, and report in writing to the head of the agency or\ninstitution concerned; and, at the request of the head of any state\nagency or institution, appoint in writing one or more employees, then in\nactual service of such agency or institution, who shall act as special\ndeputies for the purpose of checking the receipt or disbursement of\nsupplies.\n 16. Supervise municipal weights and measures programs and, in\nconjunction therewith, examine and evaluate, either personally or\nthrough his authorized agents, such programs as often as he deems\nnecessary and report the results thereof.\n 17. Establish, jointly with the state civil service commission,\nstandards governing the qualifications and appointments of municipal\ndirectors of weights and measures, their deputies and employees.\n 18. Provide technical assistance and training, and issue such\ninstructions to municipal weights and measures officials as he deems\nappropriate to effectuate the provisions of this article. Such\ninstructions shall be binding upon and govern such officials in the\ndischarge of their duties.\n 19. a. Inspect, test, and take samples, of any and all petroleum\nproducts and alternative fuel kept, offered or exposed for sale or in\nthe process of delivery or transport and inspect any and all documents\nand records required to be maintained by this article. The commissioner\nof taxation and finance may request from the commissioner cooperation\nand technical assistance, including, among other things, the inspection,\ntesting and sampling of petroleum products, in connection with the\nadministration and enforcement of the fee and taxes imposed with respect\nto such products by or pursuant to article twelve-A, thirteen-A,\ntwenty-eight or twenty-nine of the tax law.\n b. Provide test kits, sample containers and shipping and custody\ndocuments for municipal weights and measures programs and reimburse such\nmunicipalities for the cost of petroleum product and alternative fuel\nsamples and sample shipping to a testing facility designated by the\ncommissioner.\n c. Provide financial reimbursement to municipalities for activities\nundertaken by municipal weights and measures programs, for one annual\ninspection, screening test, and sample of fuel being held, kept, stored,\nor transported in a terminal storage tank or in a storage tank located\nat a retail fuel outlet and for all additional inspections of petroleum\nproducts and alternative fuel prescribed by the commissioner. The\ncommissioner, by regulation, shall establish the amount of such\nreimbursement and the means by which municipalities can qualify for such\nreimbursement.\n 20. Pursuant to delegation from the commissioner of environmental\nconservation under paragraph f of subdivision one of section 19-0301 of\nthe environmental conservation law, and notwithstanding any other\nprovision of this chapter, exercise the authority of the department of\nenvironmental conservation to test fuels for conformance with applicable\nstandards and to enforce against violations of such standards.\n