S T A T E O F N E W Y O R K
________________________________________________________________________
4113
2009-2010 Regular Sessions
I N A S S E M B L Y
January 30, 2009
___________
Introduced by M. of A. BRODSKY, PRETLOW -- Multi-Sponsored by -- M. of
A. SWEENEY -- read once and referred to the Committee on Environmental
Conservation
AN ACT to amend the environmental conservation law, in relation to
prohibiting contracts requiring purchase of minimum amounts of motor
fuel by a dealer
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Legislative intent. The legislature hereby finds and
declares that the public policy of New York state requires the govern-
ment and people of the state to institute measures to conserve energy,
to protect the environment, and to reduce pollutant emissions by reduc-
ing the consumption of motor fuels pursuant to the provisions of the
federal and state energy and clean air acts.
This reduced consumption of motor fuels is intended to decrease the
amount of motor vehicle miles traveled in New York state. In addition,
however, reduced consumption will also result in a reduction in the
amount of motor fuel sold to the public by motor fuel dealers. Since
many small service stations operate under contracts with their suppliers
that contain provisions requiring the purchase and sale of a minimum
amount of motor fuel, any reduction in the amount of motor fuel sold by
these stations may amount to an unfair penalty.
The legislature finds and declares that this consequential reduction
in gallonage, resulting from compliance with public policy and state and
federal law, should not impair the ability of small service stations to
maintain their traditional business relationships.
Therefore, the legislature declares that it is in the best interest of
the people and environment of the state of New York to invalidate and
render unenforceable provisions requiring the purchase and sale of mini-
mum amounts of motor fuel by retailers from distributors.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07338-01-9
A. 4113 2
S 2. The environmental conservation law is amended by adding a new
section 19-0325 to read as follows:
S 19-0325. AGREEMENTS REQUIRING PURCHASE OF MINIMUM AMOUNT OF MOTOR
FUEL.
NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, ANY PROVISION
CONTAINED IN A CONTRACT, LEASE, OR FRANCHISE AGREEMENT REQUIRING A MOTOR
FUEL DEALER TO PURCHASE, SELL, OR PURCHASE AND SELL A MINIMUM AMOUNT OF
MOTOR FUEL FROM A DISTRIBUTOR IS HEREBY RENDERED VOID AND UNENFORCEABLE.
S 3. This act shall take effect immediately and shall apply to
contracts, leases, and franchise agreements entered into or renewed on
or after such effective date.