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Assembly Bill A7504A

2011-2012 Legislative Session

Authorizes gas stations to purchase motor fuel from alternative suppliers

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Archive: Last Bill Status - Stricken

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Bill Amendments

co-Sponsors

multi-Sponsors

2011-A7504 - Details

Law Section:
General Business Law
Laws Affected:
Amd §199-j, Gen Bus L

2011-A7504 - Summary

Authorizes gas stations to purchase motor fuel from alternative suppliers.

2011-A7504 - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7504

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               May 6, 2011
                               ___________

Introduced  by  M.  of  A.  P. RIVERA  --  read once and referred to the
  Committee on Economic Development

AN ACT to amend the general business law,  in  relation  to  authorizing
  franchised  motor  fuel  dealers and distributors to purchase and sell
  unbranded motor fuel

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. The opening paragraph of 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:
  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  AGGRE-
GATE,  and who dedicates a tank for sale of unbranded motor fuel, or ANY
PROVISION OF A FRANCHISE WITH A REFINER WHICH  PROHIBITS  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 distribu-
tor 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:
  S 2. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11336-01-1

co-Sponsors

multi-Sponsors

2011-A7504A (ACTIVE) - Details

Law Section:
General Business Law
Laws Affected:
Amd §199-j, Gen Bus L

2011-A7504A (ACTIVE) - Summary

Authorizes gas stations to purchase motor fuel from alternative suppliers.

2011-A7504A (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 7504--A

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               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:

  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;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11336-02-1

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