Existing law sets forth certain requirements for the advertisement of motor vehicle fuel and petroleum products. (NRS 590.160-590.330) Section 2 of this bill requires the owner or operator of a motor vehicle fuel dispensing site to ensure that each pump or dispenser is labeled with certain information. Section 2 also requires the owner or operator to post a sign or label containing certain information at a motor vehicle dispensing site that is unattended. Section 3 of this bill requires, with certain exceptions, an advertising medium, pump or dispenser for ethanol flex fuel, biodiesel or a biodiesel blend to: (1) identify the fuels in a certain manner; and (2) be labeled with the automotive fuel rating in accordance with the requirements of federal law. Section 4 of this bill applies the definitions in existing law governing motor vehicle fuel to the provisions of sections 2 and 3. Existing law requires advertising mediums for motor vehicle fuel to display the actual price per unit of measure of motor vehicle fuel, including taxes, together with the brand name and the individual grade or grades of motor vehicle fuel being advertised. (NRS 590.170) Section 5 of this bill requires an advertising medium that advertises motor vehicle fuel prices using gallons to display the same total price per gallon on the advertising medium and the pump or dispenser. Section 5 requires that, if the price of the fuel: (1) increases from the advertised price, the price on the advertising medium must be changed before or at the same time the price is changed on the pump or dispenser; and (2) decreases from the advertised price, the price on the pump or dispenser must be changed before or at the same time the price is changed on the advertising medium. Section 5 also requires any roadside sign that advertises or displays the price of motor vehicle fuel but is not connected to a pump or dispenser for motor vehicle fuel to state certain information relating to the price and unit of measure of the fuel. Existing law authorizes the advertisement of the price of diesel fuel excluding state tax if the sign contains certain wording in a size not less than 4 inches in height. (NRS 590.170) Section 5 instead requires that the wording be not less than one-third of the height of the numerals used to indicate the price of the diesel fuel. Existing law requires that all letters, words, figures or numerals used on an advertising medium to indicate the price of motor vehicle fuel be uniform in size, at least 6 inches in height and the height not more than twice the width. (NRS 590.180, 590.200) Section 6 of this bill removes a reference to this requirement, but does not eliminate the requirement. Section 7 of this bill clarifies that if a fraction is used on a price sign to indicate the price of motor vehicle fuel, the combined height of the numerator and denominator must be of the same height and design as the other numerals indicating price. Existing law requires that if the price of a brand name or grade of motor vehicle fuel is advertised by means of a price sign and is sold at different prices, the sign or signs advertising the prices must include notice of the conditions under which the brand name or grade is sold. (NRS 590.230) Section 8 of this bill requires that if a brand or grade of motor vehicle fuel is sold at different prices based on whether a customer meets a condition, the price must be available to all customers who meet the condition. Section 8 also provides that if a sign or signs advertises different prices based on: (1) whether the fuel is purchased with cash or credit, the sign or signs must state both the cash and credit price or the highest of either the cash or credit price; (2) whether the grade of fuel is alcohol-free, the sign or signs may state the lowest of the two prices; and (3) a customer loyalty program or similar program, the sign or signs must state both the highest price that may be charged if a customer does not qualify and the discounted price or may state only the highest price. Existing law requires that all letters, words, figures or numerals used on an advertising medium be plainly visible and of such colors or tints to contrast with the remaining parts of the advertising medium. (NRS 590.260) Section 9 of this bill additionally requires that the letters, words, figures or numerals appearing on an electronic sign meet such requirements and be clearly visible during the day and at night. Section 10 of this bill reorganizes requirements that certain words, letters, figures or numerals on advertising medium be of like color or tint. Sections 11 and 12 of this bill make the civil and criminal penalties of the existing law governing the advertisement of motor vehicle fuel and petroleum products apply to a person who violates the provisions of sections 2 and 3. Section 13 of this bill repeals an exemption for the numeral “1” and the letter “l” from certain advertising requirements for motor vehicle fuel and petroleum products.

Statutes affected:
BDR: 590.020, 590.170, 590.180, 590.220, 590.230, 590.260, 590.270, 590.322, 590.330, 590.250