Bill Text: NY A00103 | 2015-2016 | General Assembly | Introduced

New York Assembly Bill 103 (Prior Session Legislation)

Introduced

Bill Title: Relates to zone pricing of gasoline.

Spectrum: Slight Partisan Bill (Democrat 13-8)

Status: (Engrossed - Dead) 2016-04-05 - REFERRED TO CONSUMER PROTECTION [A00103 Detail]

Download: New_York-2015-A00103-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
           S. 332                                                    A. 103
                              2015-2016 Regular Sessions
                             S E N A T E - A S S E M B L Y
                                      (PREFILED)
                                    January 7, 2015
                                      ___________
       IN  SENATE  --  Introduced  by  Sens.  LAVALLE, GRIFFO -- read twice and
         ordered printed, and when printed to be committed to the Committee  on
         Consumer Protection
       IN  ASSEMBLY  --  Introduced  by  M.  of A. THIELE, COOK, GALEF, JAFFEE,
         LUPARDO, McKEVITT, RAIA, ROBERTS,  SALADINO,  ZEBROWSKI,  BRINDISI  --
         Multi-Sponsored  by  --  M.  of A. ABBATE, BRENNAN, CUSICK, DenDEKKER,
         DUPREY, HOOPER, 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    S  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-
   10  tive competition] WHICH IS SUPPLIED BY THE SAME TERMINAL FACILITY.
   11    S  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
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00876-01-5
       S. 332                              2                             A. 103
    1  within the relevant geographic market, [based on] WITHOUT REGARD TO  the
    2  posted  terminal price [or] AND ANY ADDITIONAL COSTS where the effect is
    3  to injure competition.
    4    S  4.  Subdivision 2 of section 399-ee of the general business law, as
    5  added by chapter 579 of the laws of 2008, is amended to read as follows:
    6    2. No wholesaler OR DEALER shall engage in zone pricing  with  respect
    7  to  any motor fuel of like grade or quality, WHICH IS SUPPLIED TO DEALER
    8  OPERATED RETAIL OUTLETS.
    9    S 5. Subdivision 3 of section 399-ee of the general  business  law  is
   10  amended by adding a new undesignated paragraph to read as follows:
   11    NOTWITHSTANDING  ANY  RIGHT  OF  ACTION  TO  THE  ATTORNEY  GENERAL AS
   12  PROVIDED IN THIS SECTION, A WHOLESALER OR DEALER WHO HAS BEEN INJURED BY
   13  REASON OF A VIOLATION OF THIS SECTION MAY BRING AN ACTION IN HIS OR  HER
   14  OWN  NAME TO ENJOIN SUCH UNLAWFUL ACT, HOWEVER, NO DAMAGES OF ANY NATURE
   15  SHALL BE RECOVERABLE IN SUCH ACTION.
   16    S 6. Section 2 of chapter 579 of the laws of 2008, amending the gener-
   17  al business law relating to zone pricing of gasoline, is amended to read
   18  as follows:
   19    S 2. Legislative findings and intent. The legislature hereby finds and
   20  declares that for the past several years motor fuel prices have  greatly
   21  fluctuated.  In  some  cases,  price  fluctuations are caused by natural
   22  market conditions. In other cases, fluctuations result  from  artificial
   23  manipulation  of the market. One such artificial pricing manipulation is
   24  zone pricing. Zone pricing is the setting of different wholesale  prices
   25  for retail motor fuel [that operate in different geographic areas] BASED
   26  ON GEOGRAPHIC LOCATION. Zone pricing increases the price of retail motor
   27  fuel  for  certain  consumers, leading to inequities among consumers and
   28  regions around the state.   Therefore, the legislature  hereby  declares
   29  that  while  natural  market occurrences may lead to price fluctuations,
   30  artificial changes in motor fuel prices  unfairly  harm  many  consumers
   31  around the state.
   32    S  7.  This  act shall take effect on the thirtieth day after it shall
   33  have become a law.