Bill Text: NY A01434 | 2019-2020 | General Assembly | Amended

Bill Title: Authorizes the delivery of liquefied petroleum gas in times of emergency; authorizes delivery by companies who do not own the cylinder, container or receptacle under certain circumstances provided the cylinder, container or receptacle has been inspected and certified as required by law or regulation.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Engrossed) 2019-06-20 - RECOMMITTED TO RULES [A01434 Detail]

Download: New_York-2019-A01434-Amended.html

                STATE OF NEW YORK
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 15, 2019
        Introduced  by  M.  of  A. SANTABARBARA, STECK, D'URSO, RIVERA, BRONSON,
          WALSH -- read once and referred to the  Committee  on  Agriculture  --
          committee  discharged,  bill amended, ordered reprinted as amended and
          recommitted to said committee -- reported and referred to the  Commit-
          tee  on Codes -- committee discharged, bill amended, ordered reprinted
          as amended and recommitted to said committee
        AN ACT to amend the agriculture and markets law, in relation to  author-
          izing the delivery of liquefied petroleum gas in times of emergency
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Section 192-e of the agriculture and markets law is amended
     2  by adding two new subdivisions 6-a and 6-b to read as follows:
     3    6-a. a. Definitions. For the purposes of this subdivision:
     4    (i) "liquefied petroleum gas tank" shall mean a cylinder, container or
     5  receptacle, fixed in place, that is intended to be used to store  lique-
     6  fied  petroleum  gas  for the purpose of heating, or generating electric
     7  power, for a residential customer;
     8    (ii) "qualifying emergency" shall mean:
     9    (A) a federal, state or local state of emergency has been declared, or
    10  federal or state authorities have granted a waiver from  hours-of-opera-
    11  tions limitations affecting liquefied petroleum gas deliveries; or
    12    (B)  severe  weather  or any other similar circumstance exist that may
    13  result in an individual being placed in  imminent  danger  of  death  or
    14  injury,  or may result in a building structure and/or its fixtures being
    15  at risk of significant damage due to lack of residential heat caused  by
    16  the  lack  of  sufficient liquified petroleum gas to produce residential
    17  heat;
    18    (iii) "regular supplier" shall mean a person, firm, limited  liability
    19  company  or  corporation  that  owns  a liquefied petroleum gas tank and
    20  that, pursuant to a current contract, has  agreed  to  supply  liquefied
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 1434--B                          2
     1  petroleum  gas  to  such  tank  for use by a residential customer or the
     2  customer's agent or agents; and
     3    (iv) "temporary emergency supplier" shall mean a person, firm, limited
     4  liability company or corporation that fills, refills or otherwise deliv-
     5  ers  liquefied petroleum gas into a liquefied petroleum gas tank it does
     6  not own, where such tank is subject to an existing  contract  between  a
     7  regular supplier and their customer.
     8    b.  Notwithstanding any other law, rule or regulation to the contrary,
     9  when a qualifying emergency is in effect, a residential customer who has
    10  a contract with a regular supplier to fill  a  liquefied  petroleum  gas
    11  tank  reasonably believes the amount of liquefied petroleum gas in their
    12  tank will be insufficient to meet  the  customer's  heating  needs,  the
    13  customer shall make a good faith effort to procure delivery of liquefied
    14  petroleum  gas  from  such  regular supplier. If the regular supplier is
    15  unable to make a scheduled delivery or fulfill the customer's good faith
    16  request, directly or through another supplier, for delivery within twen-
    17  ty-four hours, the customer may arrange to have  a  temporary  emergency
    18  supplier  fill, refill or otherwise deliver liquefied petroleum gas into
    19  such liquefied petroleum gas tank, provided that the temporary emergency
    20  supplier ensures that such tank, and the devices and pipelines  operated
    21  in  connection  with  such  tank,  have  been inspected and certified as
    22  required by law and all applicable regulations.
    23    c. When a temporary emergency supplier  delivers  liquefied  petroleum
    24  gas to a residential customer pursuant to this subdivision, neither such
    25  temporary  emergency  supplier  nor such customer's regular supplier may
    26  charge any penalty or fee in  addition  to  any  filling,  refilling  or
    27  delivery  fees that are usually charged to other customers in the course
    28  of business under circumstances when paragraph b of this subdivision  is
    29  not applicable.
    30    d.  Any  contract  executed  subsequent  to the effective date of this
    31  subdivision for the supply of liquefied petroleum gas to  a  residential
    32  customer shall include provisions relating to delivery and fees pursuant
    33  to paragraphs b and c of this subdivision if applicable.
    34    e. Nothing in this subdivision shall be deemed to restrict a liquefied
    35  petroleum  gas  customer  who  owns  a liquefied petroleum gas tank from
    36  procuring such gas from any supplier.
    37    6-b. The commissioner, in cooperation  with  the  department  of  law,
    38  shall  develop  a "propane consumer bill of rights" consistent with this
    39  section to address the rights of consumers who enter into contracts  for
    40  the  provision  and  delivery  of liquefied petroleum gas, including the
    41  right of customers to purchase liquefied petroleum  gas  from  temporary
    42  suppliers  pursuant  to  subdivision six-a of this section. Such bill of
    43  rights shall be provided by every regular supplier of liquefied petrole-
    44  um gas to the consumer when a contract is executed,  and  then  annually
    45  while  a  contract  remains in effect and the department shall post such
    46  bill of rights on its website.
    47    § 2. The commissioner of agriculture and markets shall  develop  regu-
    48  lations consistent with subdivisions six-a and six-b of section 192-e of
    49  the  agriculture  and markets law for the implementation thereof includ-
    50  ing, but not limited to, the  responsibilities  of  temporary  emergency
    51  suppliers  and  regular  suppliers  for the safe inspection, testing and
    52  filling of liquefied petroleum gas tanks, and any devices and  pipelines
    53  operated  in  connection  with such tanks, pursuant to such subdivisions
    54  and the need for  appropriate  liability  insurance  coverage  for  such
    55  suppliers.

        A. 1434--B                          3
     1    § 3. This act shall take effect on the one hundred twentieth day after
     2  it  shall  have  become  a law; provided, however that the provisions of
     3  this act shall take effect immediately upon the occurrence of a qualify-
     4  ing emergency for any customer residing within the geographic limits  of
     5  such qualifying emergency as declared by federal, state or local author-
     6  ities  or as otherwise determined by federal or state authorities or the
     7  commissioner; and provided that  the  commissioner  of  agriculture  and
     8  markets  shall  notify the legislative bill drafting commission upon the
     9  occurrence of a  qualifying  emergency,  if  such  qualifying  emergency
    10  occurs within the first 120 days after this act shall have become a law,
    11  in  order that the commission may maintain an accurate and timely effec-
    12  tive data base of the official text of the laws of the state of New York
    13  in furtherance of effectuating the  provisions  of  section  44  of  the
    14  legislative  law  and section 70-b of the public officers law. Effective
    15  immediately the addition, amendment and/or repeal of any rule  or  regu-
    16  lation  necessary  for  the  implementation of this act on its effective
    17  date are authorized to be made and completed on or before such date.