A7775-2011 Actions

• Jun 18, 2012: REFERRED TO RULES
• Jun 18, 2012: delivered to senate
• Jun 18, 2012: passed assembly
• Jun 14, 2012: amended on third reading 7775b
• Jun 14, 2012: ordered to third reading rules cal.180
• Jun 14, 2012: rules report cal.180
• Jun 14, 2012: reported
• Jun 11, 2012: reported referred to rules
• Jun 5, 2012: reported referred to codes
• Jan 5, 2012: print number 7775a
• Jan 5, 2012: amend and recommit to economic development
• Jan 4, 2012: referred to economic development
• May 16, 2011: referred to economic development

A7775-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         7775
 2011-2012 Regular Sessions
 I N  ASSEMBLY
 May 16, 2011
 
 Introduced  by  M. of A. THIELE, BURLING, CASTELLI, COOK, GALEF, JAFFEE,
 LOSQUADRO, MAISEL, McKEVITT, RAIA, REILLY, P. RIVERA, ROBERTS, SALADI
 NO, SPANO -- Multi-Sponsored by -- M. of A. DUPREY, HOOPER, SAYWARD -
 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:

 

Section 1. Paragraph (a) of subdivision 1 of  section  399-ee  of  the
 general  business  law is relettered paragraph (a-1) and a new paragraph
 (a) is added to read as follows:

 (A) "ADDITIONAL COSTS" MEANS ALL REPLACEMENT AND TRANSPORTATION  COSTS
 AND TAXES INCURRED.
 

S  2.  Paragraph (g) of subdivision 1 of section 399-ee of the general
 business law, as added by chapter 579 of the laws of 2008, is amended to
 read as follows:

 (g) "Relevant geographic market" means the geographic area [of  effec-
 tive competition] WHICH IS SUPPLIED BY THE SAME TERMINAL FACILITY.
 

S  3.  Paragraph (m) of subdivision 1 of section 399-ee of the general
 business law, as added by chapter 579 of the laws of 2008, is amended to
 read as follows:

 (m) "Zone pricing" means the ESTABLISHMENT OF arbitrary price  differ
 ences BASED ON THE GEOGRAPHICAL LOCATION OF THE RETAIL OUTLET within the
 relevant  geographic  market,  [based  on]  WITHOUT REGARD TO the posted
 terminal price [or] ANY ADDITIONAL COSTS where the effect is  to  injure
 competition.
 

S  4.  Subdivision 2 of section 399-ee of the general business law, as
 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.
 LBD09988-01-1
 
       A. 7775                             2
 2. No wholesaler, OR DEALER shall engage in zone pricing with  respect
 to  any motor fuel of like grade or quality, WHICH IS SUPPLIED TO DEALER
 OPERATED RETAIL OUTLETS.
 

S  5.  Subdivision 3 of section 399-ee of the general business law, is
 amended by adding a new undesignated paragraph to read as follows:

 NOTWITHSTANDING ANY  RIGHT  OF  ACTION  TO  THE  ATTORNEY  GENERAL  AS
 PROVIDED IN THIS SECTION, A WHOLESALER OR DEALER WHO HAS BEEN INJURED BY
 REASON  OF A VIOLATION OF THIS SECTION MAY BRING AN ACTION IN HIS OR HER
 OWN NAME TO ENJOIN SUCH UNLAWFUL ACT, HOWEVER, NO DAMAGES OF ANY  NATURE
 SHALL BE RECOVERABLE IN SUCH ACTION.
 

S 6.

Section 2 of chapter 579 of the laws of 2008, amending the gener
 al business law relating to zone pricing of gasoline, is amended to read
 as follows:

 

S 2. Legislative findings and intent. The legislature hereby finds and
 declares  that for the past several years motor fuel prices have greatly
 fluctuated. In some cases, price  fluctuations  are  caused  by  natural
 market  conditions.  In other cases, fluctuations result from artificial
 manipulation of the market. One such artificial pricing manipulation  is
 zone  pricing. Zone pricing is the setting of different wholesale prices
 for retail motor fuel [that operate in different geographic areas] BASED
 ON GEOGRAPHIC LOCATION. Zone pricing increases the price of retail motor
 fuel for certain consumers, leading to inequities  among  consumers  and
 regions  around  the state.   Therefore, the legislature hereby declares
 that while natural market occurrences may lead  to  price  fluctuations,
 artificial  changes  in  motor  fuel prices unfairly harm many consumers
 around the state.
 

S 7. This act shall take effect immediately.

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