Bill Text: NY A05187 | 2019-2020 | General Assembly | Introduced
Bill Title: Relates to zone pricing of gasoline.
Spectrum: Slight Partisan Bill (Democrat 12-5)
Status: (Engrossed - Dead) 2020-02-25 - REFERRED TO CONSUMER PROTECTION [A05187 Detail]
Download: New_York-2019-A05187-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ S. 3496 A. 5187 2019-2020 Regular Sessions SENATE - ASSEMBLY February 7, 2019 ___________ IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print- ed, and when printed to be committed to the Committee on Consumer Protection IN ASSEMBLY -- Introduced by M. of A. THIELE, COOK, GALEF, JAFFEE, RAIA, SANTABARBARA, ZEBROWSKI, McDONOUGH, ROZIC, L. ROSENTHAL -- Multi-Spon- sored by -- M. of A. ABBATE, BLANKENBUSH, CUSICK, DenDEKKER, ENGLE- BRIGHT, PALUMBO, RA -- read once and referred to the Committee on Economic Development AN ACT to amend the general business law, in relation to zone pricing of gasoline, and to amend chapter 579 of the laws of 2008, amending the general business law relating to zone pricing of gasoline, in relation to zone pricing for retail motor fuel based on geographic location The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraph (a) of subdivision 1 of section 399-ee of the 2 general business law is relettered paragraph (a-1) and a new paragraph 3 (a) is added to read as follows: 4 (a) "Additional costs" means all replacement and transportation costs 5 and taxes incurred. 6 § 2. Paragraph (g) of subdivision 1 of section 399-ee of the general 7 business law, as added by chapter 579 of the laws of 2008, is amended to 8 read as follows: 9 (g) "Relevant geographic market" means the geographic area [of effec-10tive competition] which is supplied by the same terminal facility. 11 § 3. Paragraph (m) of subdivision 1 of section 399-ee of the general 12 business law, as added by chapter 579 of the laws of 2008, is amended to 13 read as follows: 14 (m) "Zone pricing" means the [arbitrary] establishment of price 15 differences based on the geographical location of the retail outlet 16 within the relevant geographic market, [based on] without regard to the EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD03170-01-9S. 3496 2 A. 5187 1 posted terminal price [or] and any additional costs where the effect is 2 to injure competition. 3 § 4. Subdivision 2 of section 399-ee of the general business law, as 4 added by chapter 579 of the laws of 2008, is amended to read as follows: 5 2. No wholesaler or dealer shall engage in zone pricing with respect 6 to any motor fuel of like grade or quality, which is supplied to dealer 7 operated retail outlets. 8 § 5. Subdivision 3 of section 399-ee of the general business law is 9 amended by adding a new undesignated paragraph to read as follows: 10 Notwithstanding any right of action to the attorney general as 11 provided in this section, a wholesaler or dealer who has been injured by 12 reason of a violation of this section may bring an action in his or her 13 own name to enjoin such unlawful act, however, no damages of any nature 14 shall be recoverable in such action. 15 § 6. Section 2 of chapter 579 of the laws of 2008, amending the gener- 16 al business law relating to zone pricing of gasoline, is amended to read 17 as follows: 18 § 2. Legislative findings and intent. The legislature hereby finds and 19 declares that for the past several years motor fuel prices have greatly 20 fluctuated. In some cases, price fluctuations are caused by natural 21 market conditions. In other cases, fluctuations result from artificial 22 manipulation of the market. One such artificial pricing manipulation is 23 zone pricing. Zone pricing is the setting of different wholesale prices 24 for retail motor fuel [that operate in different geographic areas] based 25 on geographic location. Zone pricing increases the price of retail motor 26 fuel for certain consumers, leading to inequities among consumers and 27 regions around the state. Therefore, the legislature hereby declares 28 that while natural market occurrences may lead to price fluctuations, 29 artificial changes in motor fuel prices unfairly harm many consumers 30 around the state. 31 § 7. This act shall take effect on the thirtieth day after it shall 32 have become a law.