S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4113

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 30, 2009
                               ___________

Introduced  by  M. of A. BRODSKY, PRETLOW -- Multi-Sponsored by -- M. of
  A. SWEENEY -- read once and referred to the Committee on Environmental
  Conservation

AN ACT to amend the  environmental  conservation  law,  in  relation  to
  prohibiting  contracts  requiring purchase of minimum amounts of motor
  fuel by a dealer

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Legislative  intent.  The  legislature  hereby  finds and
declares that the public policy of New York state requires  the  govern-
ment  and  people of the state to institute measures to conserve energy,
to protect the environment, and to reduce pollutant emissions by  reduc-
ing  the  consumption  of  motor fuels pursuant to the provisions of the
federal and state energy and clean air acts.
  This reduced consumption of motor fuels is intended  to  decrease  the
amount  of  motor vehicle miles traveled in New York state. In addition,
however, reduced consumption will also result  in  a  reduction  in  the
amount  of  motor  fuel  sold to the public by motor fuel dealers. Since
many small service stations operate under contracts with their suppliers
that contain provisions requiring the purchase and  sale  of  a  minimum
amount  of motor fuel, any reduction in the amount of motor fuel sold by
these stations may amount to an unfair penalty.
  The legislature finds and declares that this  consequential  reduction
in gallonage, resulting from compliance with public policy and state and
federal  law, should not impair the ability of small service stations to
maintain their traditional business relationships.
  Therefore, the legislature declares that it is in the best interest of
the people and environment of the state of New York  to  invalidate  and
render unenforceable provisions requiring the purchase and sale of mini-
mum amounts of motor fuel by retailers from distributors.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07338-01-9

              

A. 4113                             2

  S  2.  The  environmental  conservation law is amended by adding a new
section 19-0325 to read as follows:
S 19-0325. AGREEMENTS  REQUIRING  PURCHASE  OF  MINIMUM  AMOUNT OF MOTOR
            FUEL.
  NOTWITHSTANDING ANY PROVISION OF LAW TO THE  CONTRARY,  ANY  PROVISION
CONTAINED IN A CONTRACT, LEASE, OR FRANCHISE AGREEMENT REQUIRING A MOTOR
FUEL  DEALER TO PURCHASE, SELL, OR PURCHASE AND SELL A MINIMUM AMOUNT OF
MOTOR FUEL FROM A DISTRIBUTOR IS HEREBY RENDERED VOID AND UNENFORCEABLE.
  S 3. This act  shall  take  effect  immediately  and  shall  apply  to
contracts,  leases,  and franchise agreements entered into or renewed on
or after such effective date.