Bill Text: NY S08606 | 2023-2024 | General Assembly | Introduced

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Bill Title: Prohibits the misrepresentation or collection of certain fees related to the delivery, usage, and storage of liquified petroleum.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-02-21 - REFERRED TO AGRICULTURE [S08606 Detail]

Download: New_York-2023-S08606-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          8606

                    IN SENATE

                                    February 21, 2024
                                       ___________

        Introduced  by  Sen. HINCHEY -- read twice and ordered printed, and when
          printed to be committed to the Committee on Agriculture

        AN ACT to amend the agriculture and markets law,  in  relation  to  fees
          related to liquified petroleum

          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 a new subdivision 10 to read as follows:
     3    10. A seller shall not misrepresent the nature of any fee, nor collect
     4  from a consumer:
     5    (a) any governmental, regulatory, environmental, or other similar fee;
     6  provided, however, that this subdivision shall not limit the  per-gallon
     7  price  charged  by  sellers  or prohibit collection of any tax allowable
     8  under state law;
     9    (b) a minimum usage fee;
    10    (c) a fee for liquified petroleum gas that is not  actually  delivered
    11  to a consumer;
    12    (d)  when  the  liquified  petroleum  gas tank has been located on the
    13  consumer's premises for twelve months or more, regardless  of  ownership
    14  of the premises, a fee related to termination of liquified petroleum gas
    15  service, including a fee:
    16    (i) to remove the seller's liquified petroleum gas tank from the prem-
    17  ises;
    18    (ii) to pump out or restock liquified petroleum gas; or
    19    (iii) to terminate service;
    20    (e)  when  the  consumer  has received liquified petroleum gas service
    21  from the seller for less than twelve months, a  fee  related  to  termi-
    22  nation  of  service  that  exceeds  the  price  of  labor  and materials
    23  disclosed in a contract;
    24    (f) a tank rental fee for any period of time  after  the  service  has
    25  been  disconnected by the seller or the consumer has notified the seller
    26  that the seller's equipment is no longer connected;
    27    (g) any amounts for the repair of equipment or for  any  special  trip
    28  related  to  the  repair of equipment if the equipment owned by a seller

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13746-01-3
        S. 8606                             2

     1  malfunctions through no fault of a consumer or other  person  authorized
     2  to be on the premises;
     3    (h)  a  delivery fee if the seller fails to make a delivery through no
     4  fault of the consumer and the consumer runs out of  liquified  petroleum
     5  gas as a result; or
     6    (i)  a  fee,  the  basis of which is not compliant with any applicable
     7  statute or rule.
     8    § 2. This act shall take effect immediately.