New York A 8112: Relates to zone pricing of gasoline

Bill Text

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A08112 Summary:

BILL NOA08112 

&nbsp

SAME ASNo Same As

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SPONSORSchiavoni

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COSPNSROtis

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MLTSPNSR

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Amd §399-ee, Gen Bus L; amd §2, Chap 579 of 2008

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Relates to zone pricing of gasoline.

Go to top A08112 Actions:

BILL NOA08112 

&nbsp

04/30/2025referred to economic development

01/07/2026referred to economic development

Go to topA08112 Committee&nbspVotes:

Go to topA08112 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA08112 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 8112

 2025-2026 Regular Sessions

 IN ASSEMBLY

 April 30, 2025
 ___________

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

 AN ACT to amend the general business law, in relation to zone pricing of
 gasoline, and to amend chapter 579 of the laws of 2008, amending the
 general business law relating to zone pricing of gasoline, in relation
 to zone pricing for retail motor fuel based on geographic location

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Paragraph (a) of subdivision 1 of section 399-ee of the
 2 general business law is relettered paragraph (a-1) and a new paragraph
 3 (a) is added to read as follows:
 4 (a) "Additional costs" means all replacement and transportation costs
 5 and taxes incurred.
 6 § 2. Paragraph (g) of subdivision 1 of section 399-ee of the general
 7 business law, as added by chapter 579 of the laws of 2008, is amended to
 8 read as follows:
 9 (g) "Relevant geographic market" means the geographic area [of effec-
 10 tive competition] which is supplied by the same terminal facility.
 11 § 3. Paragraph (m) of subdivision 1 of section 399-ee of the general
 12 business law, as added by chapter 579 of the laws of 2008, is amended to
 13 read as follows:
 14 (m) "Zone pricing" means the [arbitrary] establishment of price
 15 differences based on the geographical location of the retail outlet
 16 within the relevant geographic market, [based on] without regard to the
 17 posted terminal price [or] and any additional costs where the effect is
 18 to injure competition.
 19 § 4. Subdivision 2 of section 399-ee of the general business law, as
 20 added by chapter 579 of the laws of 2008, is amended to read as follows:
 21 2. No wholesaler or dealer shall engage in zone pricing with respect
 22 to any motor fuel of like grade or quality, which is supplied to dealer
 23 operated retail outlets.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD11732-01-5

 A. 8112 2

 1 § 5. Subdivision 3 of section 399-ee of the general business law is
 2 amended by adding a new undesignated paragraph to read as follows:
 3 Notwithstanding any right of action to the attorney general as
 4 provided in this section, a wholesaler or dealer who has been injured by
 5 reason of a violation of this section may bring an action in their own
 6 name to enjoin such unlawful act, however, no damages of any nature
 7 shall be recoverable in such action.
 8 § 6. Section 2 of chapter 579 of the laws of 2008, amending the gener-
 9 al business law relating to zone pricing of gasoline, is amended to read
 10 as follows:
 11 § 2. Legislative findings and intent. The legislature hereby finds and
 12 declares that for the past several years motor fuel prices have greatly
 13 fluctuated. In some cases, price fluctuations are caused by natural
 14 market conditions. In other cases, fluctuations result from artificial
 15 manipulation of the market. One such artificial pricing manipulation is
 16 zone pricing. Zone pricing is the setting of different wholesale prices
 17 for retail motor fuel [that operate in different geographic areas] based
 18 on geographic location. Zone pricing increases the price of retail motor
 19 fuel for certain consumers, leading to inequities among consumers and
 20 regions around the state. Therefore, the legislature hereby declares
 21 that while natural market occurrences may lead to price fluctuations,
 22 artificial changes in motor fuel prices unfairly harm many consumers
 23 around the state.
 24 § 7. This act shall take effect on the thirtieth day a