A 5631: Nullifies agreements 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 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 distributor from purchasing or selling such unbranded motor fuels from another person or firm.

  
  STATE OF NEW YORK ________________________________________________________________________ 5631 2025-2026 Regular Sessions  IN ASSEMBLY February 18, 2025 ___________ 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: 1 Section 1. Subdivision 3 of section 199-j of the general business law, 2 as added by chapter 578 of the laws of 2008, is amended to read as 3 follows: 4 3. Franchise provisions. Any provision of a franchise with a refiner 5 or a supply agreement with a distributor which prohibits a dealer, who 6 either directly or through an affiliate owns a service station including 7 the tanks and pumps or where a dealer provides environmental pollution 8 insurance coverage for the tanks and pumps of not less than one million 9 dollars in the aggregate and who dedicates a tank for sale of unbranded 10 motor fuel, or any provision of a franchise with a refiner which prohib- 11 its a distributor from purchasing or selling unbranded motor fuel from a 12 person or firm other than the refiner or limits the quantity of such 13 unbranded motor fuel to be purchased from another person or firm or any 14 provision of a franchise which directly or indirectly discourages a 15 dealer or distributor from purchasing or selling such unbranded motor 16 fuels from another person or firm, shall be null and void. For purposes 17 of this subdivision and subdivisions four, five and six of this section 18 the following terms shall have the following meanings: 19 (a) "refiner" means any person, firm or corporation who owns, leases, 20 operates, controls or supervises a commercial entity producing gasoline 21 or diesel motor fuel; 22 (b) "distributor" means any person other than a refiner or dealer who 23 purchases motor fuel at a terminal facility and supplies motor fuel to 24 service stations; and EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09251-01-5 
 A. 5631 2 1 (c) "unbranded motor fuel" means motor fuel which does not use a 2 trademark, trade name, service mark, or other identifying symbol or name 3 owned by a refiner. 4 § 2. This act shall take effect on the sixtieth day after it shall 5 have become a law and shall apply to any franchise agreements entered 6 into on or after such date.