Compliance Calendar 2012

Here are some of the state and federal regulatory changes that are taking effect over the next several months that your store(s) will need to comply with.

December 5, 2011 – If you sell rechargeable batteries, remember that you’re now required by state law to accept used ones from customers during normal business hours at no charge, and return them to the manufacturer for recycling. Included are nickel cadmium, sealed lead, lithium ion, nickel metal hydride and any other dry cell rechargeable batteries weighing under 25 pounds. It does not cover vehicle batteries or non-rechargeable batteries such as common alkaline batteries. For more details, visit www.dec.ny.gov/chemical/72065.html

January 1, 2012 – New York State Petroleum Business Tax on motor fuel increases from 17 cents a gallon to 17.8 cents, while PBT on highway diesel motor fuel will rise from 15.25 cents to 16.05. For all new PBT rates, see NYS Tax Department Publication 908: www.tax.ny.gov/pdf/publications/multi/pub908.pdf

January 1, 2012 – Effective date of revisions to red-lettered tobacco warning sign displayed by every New York store selling tobacco products. Reflects new state law adding adding “shisha” (the stuff you put in a hooka pipe) and “smoking paraphernalia” to list of tobacco products thou shalt not sell to minors. (In Suffolk, Nassau or Onondaga County, “18 Years of Age” needs to be changed to “19 Years of Age.”) Download the new sign from NYACS web site, www.nyacs.org/NYSRedLetteredTobaccoSigns.htm

January 1, 2012 – 4.5-cent-per-gallon federal tax credit for ethanol blending ends. Since most wholesalers have been passing much or all of this credit through to their retailers, this is likely to translate to higher pump prices in most locations. For more information, click here.

January 2012 – New federal restrictions on use of cell phones by drivers of commercial motor vehicles take effect. For details, visit www.fmcsa.dot.gov/rules-regulations/administration/rulemakings/final/Mobile_phone_NFRM.pdf

January 15, 2012 – Price of basic PowerBall tickets double to $2. Minimum jackpot also doubles, from $20 million to $40 million. There will be 35 PowerBalls instead of 39, improving odds of winning.

January 31, 2012 – Under new National Labor Relations Board rule, private-sector employers must post 11 x 17-inch notice about the right of employees to organize and bargain collectively and be protected from employer or union misconduct. Poster is available at the NLRB web site, www.nlrb.gov/poster.

February 1, 2012 - Under new state “Wage Theft Prevention Act,” employers required to provide each employee with an annual written statement by February 1 specifying their wages and other employment information, and hang onto copies for six years to prove they complied. Details and statement forms available from state Labor Department at www.labor.ny.gov/formsdocs/wp/P715.pdf.

March 15, 2012 - All newly constructed or altered facilities must comply with new requirements added to Americans With Disabilities Act of 2010. Also, new ADA gas-pump reach distances take effect (at least one of each type of dispenser must have controls within 48 inches above level drive surface). If you haven’t already consulted your pump-and-tank contractor, do so now.

April 1, 2012 – Rollback of MTA mobility tax in Dutchess, Nassau, Orange, Putnam, Rockland, Suffolk and Westchester counties and New York City. For businesses, the tax had been 34 cents per $100 of payroll. Tax now eliminated for employers with annual payrolls under $1.25 million; reduced to 11 cents per hundred for payrolls $1.25 million to under $1.5 million; and lowered to 23 cents per hundred for payrolls $1.5 million to under $1.75 million.