STATE OF NEW YORK
________________________________________________________________________
7504--A
2011-2012 Regular Sessions
IN ASSEMBLY
May 6, 2011
___________
Introduced by M. of A. P. RIVERA, ABINANTI, ROBERTS, SAYWARD, BURLING --
Multi-Sponsored by -- M. of A. CALHOUN, DUPREY, MAGEE, MURRAY, SWEE-
NEY, THIELE -- read once and referred to the Committee on Economic
Development -- committee discharged, bill amended, ordered reprinted
as amended and recommitted to said committee
AN ACT to amend the general business law, in relation to authorizing gas
stations to purchase motor fuel from alternative suppliers
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 3 of section 199-j of the general business law,
2 as added by chapter 578 of the laws of 2008, is amended to read as
3 follows:
4 3. Franchise provisions. Any provision of a franchise with a refiner
5 or a supply agreement with a distributor which prohibits a dealer, who
6 either directly or through an affiliate owns a service station including
7 the tanks and pumps or where a dealer provides environmental pollution
8 insurance coverage for the tanks and pumps of not less than one million
9 dollars in the aggregate and who dedicates a tank for sale of unbranded
10 motor fuel, or any provision of a franchise with a refiner which prohib-
11 its a distributor from purchasing or selling unbranded motor fuel from a
12 person or firm other than the refiner or limits the quantity of such
13 unbranded motor fuel to be purchased from another person or firm or any
14 provision of a franchise which directly or indirectly discourages a
15 dealer or distributor from purchasing or selling such unbranded motor
16 fuels from another person or firm, shall be null and void. For purposes
17 of this subdivision and subdivisions four, five and six of this section
18 the following terms shall have the following meanings:
19 (a) "refiner" means any person, firm or corporation who owns, leases,
20 operates, controls or supervises a commercial entity producing gasoline
21 or diesel motor fuel;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11336-02-1
A. 7504--A 2
1 (b) "distributor" means any person other than a refiner or dealer who
2 purchases motor fuel at a terminal facility and supplies motor fuel to
3 service stations; and
4 (c) "unbranded motor fuel" means motor fuel which does not use a
5 trademark, trade name, service mark, or other identifying symbol or name
6 owned by a refiner.
7 § 2. This act shall take effect on the sixtieth day after it shall
8 have become a law and shall apply to any franchise agreements entered
9 into on or after such date.
