The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7556
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 13, 2021
                                ___________
 
 Introduced  by  M. of A. FALL -- read once and referred to the Committee
   on Consumer Affairs and Protection
 
 AN ACT to amend the general business law, in relation to a  cap  on  the
   amount  which  rental  vehicle companies may charge for refueling of a
   rental vehicle
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 10 of section 396-z of the general business law
 is amended by adding a new paragraph (b-1) to read as follows:
   (B-1)  A  RENTAL  VEHICLE  COMPANY THAT CHARGES FOR THE REFUELING OF A
 RENTAL VEHICLE, PURSUANT TO PARAGRAPH (B)  OF  THIS  SUBDIVISION,  SHALL
 ONLY  CHARGE  THE  RENTER  FOR  THE  AMOUNT OF GAS THAT WAS NECESSARY TO
 RETURN THE FUEL TANK TO THE AMOUNT OF FUEL THAT WAS IN THE TANK  AT  THE
 BEGINNING OF THE RENTAL. THE RENTER SHALL NOT BE CHARGED FOR SUCH GAS AT
 A  RATE  EXCEEDING ONE HUNDRED TWENTY-FIVE PERCENT OF THE REGIONAL AVER-
 AGE MARKET VALUE OF GAS AS  PUBLISHED BY THE UNITED  STATES  ENERGY  AND
 INFORMATION  ADMINISTRATION. WHERE A RENTAL VEHICLE COMPANY HAS VIOLATED
 THE PROVISIONS OF THIS PARAGRAPH, THE ATTORNEY GENERAL  MAY  COMMENCE  A
 SPECIAL PROCEEDING PURSUANT TO SUBDIVISION THIRTEEN OF THIS SECTION, AND
 IN  ANY  SUCH  PROCEEDING  THE  COURT SHALL IMPOSE A CIVIL PENALTY IN AN
 AMOUNT NOT TO EXCEED TWENTY-FIVE THOUSAND DOLLARS AND,  WHERE  APPROPRI-
 ATE, ORDER RESTITUTION TO AGGRIEVED RENTERS.
   §  2.  Subdivision  9  of section 396-z of the general business law is
 amended by adding a new paragraph (b-1) to read as follows:
   (B-1) A RENTAL VEHICLE COMPANY THAT CHARGES FOR  THE  REFUELING  OF  A
 RENTAL  VEHICLE,  PURSUANT  TO  PARAGRAPH (B) OF THIS SUBDIVISION, SHALL
 ONLY CHARGE THE RENTER FOR THE AMOUNT  OF  GAS  THAT  WAS  NECESSARY  TO
 RETURN  THE  FUEL TANK TO THE AMOUNT OF FUEL THAT WAS IN THE TANK AT THE
 BEGINNING OF THE RENTAL. THE RENTER SHALL NOT BE CHARGED FOR SUCH GAS AT
 A RATE EXCEEDING ONE HUNDRED TWENTY-FIVE PERCENT OF THE REGIONAL AVERAGE
 MARKET VALUE OF GAS AS PUBLISHED BY THE UNITED STATES ENERGY AND  INFOR-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD08377-01-1

 A. 7556                             2
 
 MATION  ADMINISTRATION.  WHERE A RENTAL VEHICLE COMPANY HAS VIOLATED THE
 PROVISIONS OF THIS  PARAGRAPH,  THE  ATTORNEY  GENERAL  MAY  COMMENCE  A
 SPECIAL  PROCEEDING  PURSUANT TO SUBDIVISION TWELVE OF THIS SECTION, AND
 IN  ANY  SUCH  PROCEEDING  THE  COURT SHALL IMPOSE A CIVIL PENALTY IN AN
 AMOUNT NOT TO EXCEED TWENTY-FIVE THOUSAND DOLLARS AND,  WHERE  APPROPRI-
 ATE, ORDER RESTITUTION TO AGGRIEVED RENTERS.
   §  3. This act shall take effect immediately, provided that the amend-
 ments to subdivision 10 of section 396-z of  the  general  business  law
 made  by  section one of this act shall be subject to the expiration and
 reversion of such section pursuant to subdivision (a) of  section  4  of
 chapter  109  of  the  laws of 2018, as amended, when upon such date the
 provisions of section two of this act shall take effect.