New York State Assembly

 
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A04112 Summary:

A04112 Actions:

A04112 Committee Votes:

Committee:ECONOMIC DEVELOPMENT   Chair:Bronson      
DATE:04/20/2021AYE/NAY:16/10  Action: Favorable refer to committee Codes        
Bronson
Aye
Friend
Nay
Cahill
Nay
Lalor
Nay
Magnarelli
Aye
Morinello
Nay
Lupardo
Aye
Smullen
Nay
Stirpe
Aye
Salka
Nay
Davila
Aye
Giglio
Aye
Barron
Aye
Lemondes
Nay
Hyndman
Aye
Jones
Nay
Stern
Aye
Buttenschon
Nay
Darling
Aye
Griffin
Nay
Frontus
Aye
Fahy
Aye
Burke
Aye
Lunsford
Aye
Kelles
Aye
Sillitti
Aye

Committee:CODES   Chair:Dinowitz      
DATE:05/04/2021AYE/NAY:16/6  Action: Favorable         
Dinowitz
Aye
Morinello
Nay
Pretlow
Aye
Giglio
Nay
Cook
Aye
Montesano
Nay
Cymbrowitz
Aye
Reilly
Nay
O'Donnell
Aye
Mikulin
Nay
Lavine
Aye
Tannousis
Nay
Perry
Aye
Abinanti
Aye
Weprin
Aye
Hevesi
Aye
Fahy
Aye
Seawright
Aye
Rosenthal
Aye
Walker
Aye
Vanel
Aye
Cruz
Aye

A04112 Floor Votes:

A04112 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          4112
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 1, 2021
                                       ___________
 
        Introduced  by  M.  of  A. THIELE, COOK, GALEF, SANTABARBARA, ZEBROWSKI,
          McDONOUGH, ROZIC, L. ROSENTHAL --  Multi-Sponsored  by  --  M.  of  A.
          ABBATE, BLANKENBUSH, CUSICK, ENGLEBRIGHT, 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-
    10  tive 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
    17  posted terminal price [or] and any additional costs where the effect  is
    18  to injure competition.
    19    §  4.  Subdivision 2 of section 399-ee of the general business law, as
    20  added by chapter 579 of the laws of 2008, is amended to read as follows:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05702-01-1
        A. 4112                             2
 
     1    2. No wholesaler or dealer shall engage in zone pricing  with  respect
     2  to  any motor fuel of like grade or quality, which is supplied to dealer
     3  operated retail outlets.
     4    §  5.  Subdivision  3 of section 399-ee of the general business law is
     5  amended by adding a new undesignated paragraph to read as follows:
     6    Notwithstanding any  right  of  action  to  the  attorney  general  as
     7  provided in this section, a wholesaler or dealer who has been injured by
     8  reason  of a violation of this section may bring an action in his or her
     9  own name to enjoin such unlawful act, however, no damages of any  nature
    10  shall be recoverable in such action.
    11    § 6. Section 2 of chapter 579 of the laws of 2008, amending the gener-
    12  al business law relating to zone pricing of gasoline, is amended to read
    13  as follows:
    14    § 2. Legislative findings and intent. The legislature hereby finds and
    15  declares  that for the past several years motor fuel prices have greatly
    16  fluctuated. In some cases, price  fluctuations  are  caused  by  natural
    17  market  conditions.  In other cases, fluctuations result from artificial
    18  manipulation of the market. One such artificial pricing manipulation  is
    19  zone  pricing. Zone pricing is the setting of different wholesale prices
    20  for retail motor fuel [that operate in different geographic areas] based
    21  on geographic location. Zone pricing increases the price of retail motor
    22  fuel for certain consumers, leading to inequities  among  consumers  and
    23  regions  around  the state.   Therefore, the legislature hereby declares
    24  that while natural market occurrences may lead  to  price  fluctuations,
    25  artificial  changes  in  motor  fuel prices unfairly harm many consumers
    26  around the state.
    27    § 7. This act shall take effect on the thirtieth day  after  it  shall
    28  have become a law.