S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    450
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 9, 2023
                                ___________
 
 Introduced  by M. of A. ROZIC -- read once and referred to the Committee
   on Consumer Affairs and Protection
 
 AN ACT to amend the general business law,  in  relation  to  prohibiting
   price  gouging  with respect to fuel, energy, and transportation goods
   and services
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Subdivisions 2 and 5 of section 396-r of the general busi-
 ness law, subdivision 2 as amended and subdivision 5 as added by chapter
 90 of the laws of 2020, are amended to read as follows:
   2. During any abnormal disruption of the market for goods and services
 vital and necessary for the health, safety and welfare of  consumers  or
 the  general  public,  no party within the chain of distribution of such
 goods or services or both shall sell or offer to sell any such goods  or
 services or both for an amount which represents an unconscionably exces-
 sive   price.  For  purposes  of  this  section,  the  phrase  "abnormal
 disruption of the market" shall mean any change in the  market,  whether
 actual  or  imminently  threatened,  resulting  from  stress of weather,
 convulsion of nature, failure or shortage of  electric  power  or  other
 source  of  energy,  PRODUCT RECALL LEADING TO SUPPLY SHORTAGES, strike,
 civil disorder, war, military action, national or  local  emergency,  or
 other cause of an abnormal disruption of the market which results in the
 declaration of a state of emergency by the governor. For the purposes of
 this  section,  the  term goods and services shall include ALL GOODS AND
 SERVICES SOLD IN OR INTO THE STATE  THAT  ARE  (a)  consumer  goods  and
 services  used,  bought  or  rendered  primarily for personal, family or
 household purposes, (b) essential medical supplies and services used for
 the care, cure, mitigation, treatment or prevention of  any  illness  or
 disease,  (C)  FUEL,  ENERGY, AND TRANSPORTATION GOODS AND SERVICES, and
 [(c)] (D) any other essential goods and services  used  to  promote  the
 health  or  welfare  of  the public. This prohibition shall apply to all
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02764-01-3
              

 A. 450                              2
 
 parties within the chain of distribution FOR ANY GOOD OR SERVICE THAT IS
 SOLD IN OR INTO THE STATE, including any manufacturer, supplier,  whole-
 saler,  distributor  or retail seller of goods or services or both [sold
 by  one  party to another when the product sold was located in the state
 prior to the sale]. Goods and services shall also  include  any  repairs
 made  by any party within the chain of distribution of goods on an emer-
 gency basis as a result of such abnormal disruption of the market.
   5. The attorney general SHALL PROMULGATE RULES AND REGULATIONS REQUIR-
 ING THE PERIODIC PUBLIC DISCLOSURE BY ACTORS IN THE  CHAIN  OF  DISTRIB-
 UTION  FOR  FUEL  SOLD  IN  OR  INTO  THE STATE OF THE PRICES CHARGED OR
 PROPOSED TO BE CHARGED FOR FUEL.  THE ATTORNEY GENERAL MAY ALSO  PROMUL-
 GATE  RULES  AND REGULATIONS REQUIRING THE PERIODIC PUBLIC DISCLOSURE BY
 ACTORS IN THE CHAIN OF DISTRIBUTION FOR ANY GOODS OR SERVICES SOLD IN OR
 INTO THE STATE OF THE PRICES CHARGED OR PROPOSED TO BE CHARGED FOR  SUCH
 GOODS AND SERVICES. THE ATTORNEY GENERAL may promulgate such OTHER rules
 and   regulations  as  are  necessary  to  effectuate  and  enforce  the
 provisions of this section.
   § 2. This act shall take effect immediately.