S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    255
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 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 by chapter 725 of the  laws  of  2023
 and  subdivision  5  as  added  by  chapter  90 of the laws of 2020, are
 amended to read as follows:
   2. (a) 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  distrib-
 ution  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  uncon-
 scionably excessive price.
   (b)  For  purposes of this section, the phrase "abnormal disruption of
 the market" shall mean any change in the market, whether actual or immi-
 nently 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, drug shortage, or other
 cause of an abnormal disruption of  the  market  which  results  in  the
 declaration of a state of emergency by the governor.
   (c) For purposes of this section, the term "drug shortage" shall mean,
 with respect to any drug or medical product intended for human use, that
 such  drug or medical product is publicly reported as being subject to a
 shortage by the U.S. Food and Drug Administration.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01369-01-5
              

 A. 255                              2
 
   (d) 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
 (i) consumer goods and services used, bought or rendered  primarily  for
 personal,  family or household purposes, (ii) essential medical supplies
 and   services  used  for  the  care,  cure,  mitigation,  treatment  or
 prevention of any illness or disease, (III) FUEL, ENERGY, AND  TRANSPOR-
 TATION  GOODS  AND  SERVICES, and [(iii)] (IV) any other essential goods
 and services used to promote the health or welfare of the public.
   (e) This prohibition shall apply to all parties within  the  chain  of
 distribution  FOR ANY GOOD OR SERVICE THAT IS SOLD IN OR INTO THE STATE,
 including any manufacturer, supplier, wholesaler, 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].  For  the
 purposes  of  this subdivision, the term "goods and services" shall also
 include any repairs made by any party within the chain  of  distribution
 of  goods  on an emergency 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.