S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10597
 
                           I N  A S S E M B L Y
 
                               July 6, 2022
                                ___________
 
 Introduced  by  COMMITTEE  ON RULES -- (at request of M. of A. Rozic) --
   read once and referred  to  the  Committee  on  Consumer  Affairs  and
   Protection
 
 AN  ACT  to  amend  the general business law, in relation to prohibiting
   price gouging with respect to fuel, energy, and  transportation  goods
   and services
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivisions 2 and 5 of section 396-r of the general  busi-
 ness law, subdivision 2 as amended and subdivision 5 as added by chapter
 90 of the laws of 2020, are amended to read as follows:
   2. During any abnormal disruption of the market for goods and services
 vital  and  necessary for the health, safety and welfare of consumers or
 the general public, no party within the chain of  distribution  of  such
 goods  or services or both shall sell or offer to sell any such goods or
 services or both for an amount which represents an unconscionably exces-
 sive  price.  For  purposes  of  this  section,  the  phrase   "abnormal
 disruption  of  the market" shall mean any change in the market, whether
 actual or imminently  threatened,  resulting  from  stress  of  weather,
 convulsion  of  nature,  failure  or shortage of electric power or other
 source of energy, PRODUCT RECALL LEADING TO  SUPPLY  SHORTAGES,  strike,
 civil  disorder,  war,  military action, national or local emergency, or
 other cause of an abnormal disruption of the market which results in the
 declaration of a state of emergency by the governor. For the purposes of
 this section, the term goods and services shall include  ALL  GOODS  AND
 SERVICES  SOLD  IN  OR  INTO  THE  STATE THAT ARE (a) consumer goods and
 services used, bought or rendered  primarily  for  personal,  family  or
 household purposes, (b) essential medical supplies and services used for
 the  care,  cure,  mitigation, treatment or prevention of any illness or
 disease, (C) FUEL, ENERGY, AND TRANSPORTATION GOODS  AND  SERVICES,  and
 [(c)]  (D)  any  other  essential goods and services used to promote the
 health or welfare of the public. This prohibition  shall  apply  to  all
 parties within the chain of distribution FOR ANY GOOD OR SERVICE THAT IS
 SOLD  IN OR INTO THE STATE, including any manufacturer, supplier, whole-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15619-03-2
 A. 10597                            2
 
 saler, distributor or retail seller of goods or services or  both  [sold
 by  one  party to another when the product sold was located in the state
 prior to the sale]. Goods and services shall also  include  any  repairs
 made  by any party within the chain of distribution of goods on an emer-
 gency basis as a result of such abnormal disruption of the market.
   5. The attorney general SHALL PROMULGATE RULES AND REGULATIONS REQUIR-
 ING THE PERIODIC PUBLIC DISCLOSURE BY ACTORS IN THE  CHAIN  OF  DISTRIB-
 UTION  FOR  FUEL  SOLD  IN  OR  INTO  THE STATE OF THE PRICES CHARGED OR
 PROPOSED TO BE CHARGED FOR FUEL.  THE ATTORNEY GENERAL MAY ALSO  PROMUL-
 GATE  RULES  AND REGULATIONS REQUIRING THE PERIODIC PUBLIC DISCLOSURE BY
 ACTORS IN THE CHAIN OF DISTRIBUTION FOR ANY GOODS OR SERVICES SOLD IN OR
 INTO THE STATE OF THE PRICES CHARGED OR PROPOSED TO BE CHARGED FOR  SUCH
 GOODS AND SERVICES. THE ATTORNEY GENERAL may promulgate such OTHER rules
 and   regulations  as  are  necessary  to  effectuate  and  enforce  the
 provisions of this section.
   § 2. This act shall take effect immediately.