S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4667
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 5, 2019
                                ___________
 
 Introduced  by  M.  of  A.  DenDEKKER  --  read once and referred to the
   Committee on Consumer Affairs and Protection
 
 AN ACT to amend the general business law,  in  relation  to  prohibiting
   more  than  one  increase  in the price of gasoline in any twenty-four
   hour period

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The general business law is amended by adding a new section
 392-k to read as follows:
   §  392-K.  UNLAWFUL  MOTOR FUEL PRICE INCREASES; EXCEPTIONS. 1. (A) IT
 SHALL BE UNLAWFUL FOR ANY NONREFINER ENGAGED IN COMMERCE IN  THIS  STATE
 TO  INCREASE  THE  PRICE OF ANY GRADE OR QUALITY OF MOTOR FUEL SOLD AT A
 RETAIL OUTLET MORE THAN ONCE IN A TWENTY-FOUR HOUR PERIOD.
   (B) IT SHALL BE UNLAWFUL FOR ANY REFINER, INCLUDING ANY  AFFILIATE  OR
 AGENT  THEREOF,  ENGAGED IN COMMERCE IN THIS STATE TO INCREASE THE PRICE
 OF ANY GRADE OR QUALITY OF MOTOR FUEL SOLD MORE THAN ONCE IN  A  TWENTY-
 FOUR HOUR PERIOD.
   2.  (A)  ANY VIOLATION OF THIS SECTION SHALL RESULT IN A CIVIL FINE OF
 NOT MORE THAN FIVE HUNDRED DOLLARS TO BE COLLECTED  BY  THE  CORPORATION
 COUNSEL  FOR  ANY  CITY  OR BY THE APPROPRIATE ATTORNEY OF ANY POLITICAL
 SUBDIVISION AS SHALL BE DESIGNATED BY THE GOVERNING BODY OF  SUCH  POLI-
 TICAL SUBDIVISION.
   (B)  AN  ISOLATED,  INADVERTENT INCIDENT INVOLVING ACTIVITY PROHIBITED
 PURSUANT TO SUBDIVISION ONE OF THIS SECTION SHALL NOT BE A VIOLATION  OF
 THIS SECTION.
   3. AS USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOW-
 ING MEANINGS:
   (A)  "MOTOR FUEL" SHALL MEAN (I) ALL PRODUCTS COMMONLY OR COMMERCIALLY
 KNOWN OR SOLD  AS  GASOLINE  (INCLUDING  CASINGHEAD  AND  ABSORPTION  OR
 NATURAL GASOLINE), BENZOL, BENZENE, OR NAPHTHA REGARDLESS OF THEIR CLAS-
 SIFICATION  OR  USES;  AND (II) ANY LIQUID PREPARED, ADVERTISED, OFFERED
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD07931-01-9

 A. 4667                             2
 
 FOR SALE OR SOLD FOR USE AS OR COMMONLY AND COMMERCIALLY USED AS A  FUEL
 IN  INTERNAL COMBUSTION ENGINES, WHICH WHEN SUBJECTED TO DISTILLATION IN
 ACCORDANCE WITH THE STANDARD METHOD OF TEST FOR  DISTILLATION  OF  GASO-
 LINE, NAPHTHA, KEROSENE AND SIMILAR PETROLEUM PRODUCTS (AMERICAN SOCIETY
 OF TESTING MATERIAL DESIGNATION D-86) SHOWS NOT LESS THAN TEN PER CENTUM
 (10%)  DISTILLED  RECOVERED  BELOW  THREE  HUNDRED  FORTY-SEVEN  DEGREES
 FAHRENHEIT OR ONE HUNDRED SEVENTY-FIVE DEGREES CENTIGRADE AND  NOT  LESS
 THAN  NINETY-FIVE  PER  CENTUM  DISTILLED,  RECOVERED BELOW FOUR HUNDRED
 SIXTY-FOUR DEGREES FAHRENHEIT OR TWO HUNDRED FORTY  DEGREES  CENTIGRADE;
 AND (III) ANY OTHER PRODUCT OR LIQUID WHEN SOLD FOR USE AS A FUEL IN ANY
 TYPE  OF  INTERNAL COMBUSTION ENGINE FURNISHING POWER TO OPERATE A MOTOR
 VEHICLE.
   (B) "NONREFINER" MEANS ANY PERSON, OTHER THAN A  REFINER,  ENGAGED  IN
 THE SALE OF MOTOR FUEL;
   (C)  "PERSON"  MEANS ANY INDIVIDUAL, PUBLIC OR PRIVATE CORPORATIONS OR
 LIMITED  LIABILITY  CORPORATIONS,  COMPANIES,  ASSOCIATIONS,  SOCIETIES,
 FIRMS,  PARTNERSHIPS, LIMITED LIABILITY PARTNERSHIPS, JOINT STOCK COMPA-
 NIES, THE UNITED STATES, THE STATE OF NEW YORK AND ANY OF ITS  POLITICAL
 SUBDIVISIONS OR AGENTS;
   (D)  "REFINER"  MEANS  ANY PERSON WHO PRODUCES AND STORES OR EXCHANGES
 MOTOR FUEL AT A TERMINAL FACILITY AND WHO SELLS OR TRANSFERS MOTOR  FUEL
 THROUGH  THE  LOADING  RACK  AT  SUCH TERMINAL FACILITY, AND INCLUDES AN
 AFFILIATE OF SUCH REFINER WITH RESPECT TO SUCH AFFILIATE'S SALE OF MOTOR
 FUEL;
   (E) "RETAIL OUTLET" MEANS A FACILITY, INCLUDING LAND AND IMPROVEMENTS,
 WHERE MOTOR FUEL IS OFFERED FOR SALE AT RETAIL TO THE PUBLIC; AND
   (F) "SALE" OR "SELL" MEANS ANY TRANSFER, GIFT, BARTER, SALE, OFFER FOR
 SALE, OR ADVERTISEMENT FOR SALE IN ANY MANNER OR BY ANY MEANS  WHATSOEV-
 ER,  INCLUDING  ANY TRANSFER OF MOTOR FUEL FROM A PERSON TO ITSELF OR AN
 AFFILIATE AT ANOTHER LEVEL OF DISTRIBUTION, BUT DOES NOT INCLUDE PRODUCT
 EXCHANGES AT THE WHOLESALE LEVEL OF DISTRIBUTION.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal  of  any  rule  or regulation necessary for the implementation of
 this act on its effective date are authorized to be made  and  completed
 on or before such effective date.