S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3444
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 3, 2023
                                ___________
 
 Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
   tee on Economic Development
 
 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:
 
   Section 1. Subdivision 3 of section 199-j of the general business law,
 as  added  by  chapter  578  of  the laws of 2008, is amended to read as
 follows:
   3. Franchise provisions. Any provision of a franchise with  a  refiner
 OR  A  SUPPLY AGREEMENT WITH A DISTRIBUTOR which prohibits a dealer, who
 either directly or through an affiliate owns a service station including
 the tanks and pumps OR WHERE A DEALER PROVIDES  ENVIRONMENTAL  POLLUTION
 INSURANCE  COVERAGE FOR THE TANKS AND PUMPS OF NOT LESS THAN ONE MILLION
 DOLLARS IN THE AGGREGATE and who dedicates a tank for sale of  unbranded
 motor fuel, or ANY PROVISION OF A FRANCHISE WITH A REFINER WHICH PROHIB-
 ITS a distributor from purchasing or selling unbranded motor fuel from a
 person  or  firm  other  than the refiner or limits the quantity of such
 unbranded motor fuel to be purchased from another person or firm or  any
 provision  of  a  franchise  which  directly or indirectly discourages a
 dealer or distributor from purchasing or selling  such  unbranded  motor
 fuels  from another person or firm, shall be null and void. For purposes
 of this subdivision and subdivisions four, five and six of this  section
 the following terms shall have the following meanings:
   (a)  "refiner" means any person, firm or corporation who owns, leases,
 operates, controls or supervises a commercial entity producing  gasoline
 or diesel motor fuel;
   (b)  "distributor" means any person other than a refiner or dealer who
 purchases motor fuel at a terminal facility and supplies motor  fuel  to
 service stations; and

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08212-01-3
 A. 3444                             2
              

 
   (c)  "unbranded  motor  fuel"  means  motor  fuel which does not use a
 trademark, trade name, service mark, or other identifying symbol or name
 owned by a refiner.
   §  2.  This  act  shall take effect on the sixtieth day after it shall
 have become a law and shall apply to any  franchise  agreements  entered
 into on or after such date.