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A08940 Summary:

BILL NOA08940
 
SAME ASNo Same As
 
SPONSORRozic
 
COSPNSR
 
MLTSPNSR
 
Amd §396-r, Gen Bus L
 
Includes for-hire transportation services in the prohibition on price gouging; provides that such prohibition shall apply to for-hire transportation services after the declaration of a state of emergency by the governor tied to an abnormal disruption of the market or upon notice from the governor, attorney general or the chief executive of any municipality of the state that an abnormal disruption of the market exists.
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A08940 Actions:

BILL NOA08940
 
07/16/2025referred to consumer affairs and protection
01/07/2026referred to consumer affairs and protection
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A08940 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A8940
 
SPONSOR: Rozic
  TITLE OF BILL: An act to amend the general business law, in relation to including for- hire transportation services in the prohibition on price gouging   PURPOSE:: To expand New York's price gouging protections to include for-hire transportation services during states of emergency or abnormal disruptions in the market, ensuring that consumers are not unfairly exploited when demand for transportation surges.   SUMMARY OF SPECIFIC PROVISIONS:: Section one amends the General Business Law by adding two new paragraphs (f) and (g) to explicitly include for-hire transportation services under the state's prohibition on price gouging during a declared emergency or abnormal market disruption. Paragraph (f) clarifies that the price gouging prohibition applies to for-hire transportation services once a state of emergency has been declared by the Governor, or upon notifica- tion by the Governor, Attorney General, or Chief Executive of any muni- cipality that an abnormal disruption of the market exists. This provision also allows for such officials to request priding adjustments that incentivize increased transportation availability in specific areas., Paragraph (g) defines for-hire transportation services" broadly, encom- passing ground transportation where the origin, destination,or both are within New York State. This includes, but is not limited to: transpor- tation network companies, taxicabs and liveries, black cars and luxury limousines, buses not operated by public transit authorities, and other for-hire vehicles as defined by state or local law. Section two sets forth the effective date.   JUSTIFICATION: New Yorkers often rely on ground transportation services during emergen- cies, including storm evacuations, transit shutdowns, and other crisis Situations when public options are limited or unavailable. However, during these critical moments, riders are often met with excessive and exploitative surge pricing. In September 2023, during flash flood emergencies in New York City, for-hire transportation companies were widely criticized for surging fares as streets flooded and public transit came to a halt. Customers reported being charged up to $80 for a ten-minute ride. The City had declared a state of emergency and more than 23 million people across the tri-state area were under flood warnings. These practices left many New Yorkers stranded or forced to choose between unsafe conditions and unaf- fordable transportation. This bill clarifies a longstanding gap in New York State's price gouging laws by extending protections to ground transportation services. These services must be held to clear consumer protections as other essential goods. The bill clearly defines emergency situations and ensures that pricing is fair, transparent, and subject to oversight, while preserving the flexibility for state and local officials to work with providers to expand service availability in hard-hit areas. As ride-hailing platforms continue to dominate the transportation land- scape, the need for clear, enforceable consumer protections has become urgent. This bill strikes a balance between ensuring consumer safety and supporting the availability of transportation services during times of greatest need.   PRIOR LEGISLATIVE HISTORY:: This is a new bill in the Assembly.   FISCAL IMPACT ON THE STATE: To be determined.   EFFECTIVE DATE: This act shall take effect immediately.
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A08940 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8940
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                      July 16, 2025
                                       ___________
 
        Introduced  by M. of A. ROZIC -- read once and referred to the Committee
          on Consumer Affairs and Protection
 
        AN ACT to amend the general business law, in relation to including  for-
          hire transportation services in the prohibition on price gouging
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1.  Subdivision 2 of section 396-r of the general business law
     2  is amended by adding two new paragraphs (f) and (g) to read as follows:
     3    (f) This prohibition shall apply to for-hire  transportation  services
     4  after the declaration of a state of emergency by the governor tied to an
     5  abnormal  disruption  of  the  market  or upon notice from the governor,
     6  attorney general or the chief executive of any municipality of the state
     7  that an abnormal disruption of the  market  exists;  provided,  however,
     8  such  notice  from the governor, attorney general or chief executive may
     9  request that such for-hire transportation service adjust its pricing  in
    10  a  manner  which  incentivizes  increased  transportation  options  in a
    11  specific geographic area.
    12    (g) For the purposes of this section, the term  "for-hire  transporta-
    13  tion services" shall mean the sale of vehicular ground transportation by
    14  a  seller for a price, the origin, destination, or both being within New
    15  York state, whether provided by the seller itself or provided  by  third
    16  parties  employing the seller's platform to connect passengers and driv-
    17  ers. For-hire transportation services include, but are not  limited  to,
    18  the transportation services provided by transportation network companies
    19  as  that  term  is  defined in section sixteen hundred ninety-one of the
    20  vehicle and traffic law; taxicabs, as defined  in  section  one  hundred
    21  forty-eight-a  of  the vehicle and traffic law and section 19-502 of the
    22  administrative code of the city of New York, or as otherwise defined  in
    23  local  law;  livery  vehicles, as defined in section one hundred twenty-
    24  one-e of the vehicle and traffic law, or as otherwise defined  in  local
    25  law;  a black car, limousine, or luxury limousine, as defined in section
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13244-01-5

        A. 8940                             2
 
     1  19-502 of the administrative code of the city of New York, or as  other-
     2  wise  defined  in  local  law; a for-hire vehicle, as defined in section
     3  19-502 of the administrative code of the city of New York, or as  other-
     4  wise  defined  in local law; or a bus, as defined in section one hundred
     5  four of the vehicle and traffic law, but not a bus operated by a govern-
     6  ment for purposes of the provision of public transportation.
     7    § 2. This act shall take effect immediately.
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