S T A T E O F N E W Y O R K
________________________________________________________________________
1826
2021-2022 Regular Sessions
I N A S S E M B L Y
January 11, 2021
___________
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.
LBD00243-01-1
A. 1826 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.