New Jersey 2022-2023 Regular Session

New Jersey Assembly Bill A5523

Introduced
6/5/23  

Caption

Requires certain wholesale pricing of motor fuels be set using formula.

Impact

The implications of A5523 are significant for the existing laws under the 'Unfair Motor Fuels Practices Act,' particularly by creating clear expectations for pricing agreements between wholesale entities and retail dealers. This legislative change seeks to protect retail dealers from potential exploitation through inflated pricing strategies that do not reflect fair market practices. By requiring a negotiated formula, the law aims to encourage more equitable transactions while setting a defined limit on pricing that could be seen as advantageous for retailers and consumers alike.

Summary

Assembly Bill A5523 introduces a regulatory framework concerning the wholesale pricing of motor fuels in New Jersey. The bill mandates that distributors, refiners, wholesalers, or suppliers must set a 'tank wagon price' for retail dealers using a formula that has been mutually negotiated. This price is limited to not exceeding five cents per gallon above the listed terminal price for the product at the time of purchase. The introduction of this bill aims to enhance fairness and transparency in fuel pricing dealings, which could potentially stabilize the market for fuel retailing.

Conclusion

In conclusion, while A5523 strives to create a more structured and fair pricing environment for motor fuels, it also raises questions about its comprehensive applicability and the implications of its exemptions. The success of this bill will hinge on its implementation and the adherence of all parties involved to the negotiated pricing structures it establishes.

Contention

Notable points of contention regarding the bill include the exemptions it grants; the provisions do not apply if a retail dealer owns the property their station is located on or if they lease from non-wholesale entities. Opponents of the bill may argue that these exceptions could create loopholes that disadvantage certain retailers and undermine the intent of the legislation. Additionally, the penalties for violations, which include a fine of $5,000 per delivery of improperly priced fuel, may raise concerns among wholesalers and refiners about the potential financial impact on their operations.

Companion Bills

NJ S3812

Same As Requires certain wholesale pricing of motor fuels be set using formula.

Previously Filed As

NJ S176

Requires certain wholesale pricing of motor fuels be set using formula.

NJ SB2837

Alcoholic beverage pricing; prevent discrimination against distributors and wholesalers.

NJ S3732

Prohibits certain businesses from using dynamic, surveillance, or personalized algorithmic pricing when selling groceries to consumers.

NJ A5020

Prohibits pharmacy benefit manager from using spread pricing as model of prescription drug pricing; requires transparency in provision of pharmacy benefits management services.

NJ HB344

Business Regulation - Sale of Motor Fuel - Pricing Signage

NJ HB0344

Business Regulation - Sale of Motor Fuel - Pricing Signage

NJ SB303

Business Regulation - Sale of Motor Fuel - Pricing Signage

NJ HF3785

Definitions and registration requirements for motorized bicycles and motorcycles powered by electric motors modified, sellers required to have a dealer license, certain vehicles prohibited from using public roads, and money appropriated.

NJ S2693

Requires certain motor vehicles to install rear-seat detection systems.

NJ A2615

Prohibits wholesale dealers from price gouging sale of physical goods.

Similar Bills

HI SB1505

Relating To Taxation.

HI HB1426

Relating To Taxation.

HI HB1426

Relating To Taxation.

HI SB1505

Relating To Taxation.

MS HB1600

Beer Industry Fair Dealing Act; bring forward.

CT HB05572

An Act Concerning Real Estate Wholesalers And Real Estate Wholesale Contracts.

HI HB1085

Relating To Taxation.

HI SB1404

Relating To Taxation.