Bill Text: NY A00971 | 2023-2024 | General Assembly | Introduced


Bill Title: Requires when delivery is made of liquefied petroleum gas in times of emergency the temporary emergency supplier shall provide written information to the regular supplier; prohibits removing or filling liquefied petroleum gas without consent of the owner.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2023-03-03 - signed chap.28 [A00971 Detail]

Download: New_York-2023-A00971-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                           971

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    January 11, 2023
                                       ___________

        Introduced  by  M.  of  A. SANTABARBARA -- read once and referred to the
          Committee on Agriculture

        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. Paragraph b of subdivision 6-a  of  section  192-e  of  the
     2  agriculture  and  markets law, as added by a chapter of the laws of 2022
     3  amending the agriculture and markets law  relating  to  authorizing  the
     4  delivery  of  liquefied petroleum gas in times of emergency, as proposed
     5  in legislative bills numbers S. 8426 and A. 1451-A, is amended and a new
     6  paragraph f is added to read as follows:
     7    b. Notwithstanding any other law, rule or regulation to the  contrary,
     8  when a qualifying emergency is in effect, a residential customer who has
     9  a  contract  with  a  regular supplier to fill a liquefied petroleum gas
    10  tank reasonably believes the amount of liquefied petroleum gas in  their
    11  tank  will  be  insufficient  to  meet the customer's heating needs, the
    12  customer shall make a good faith effort to procure delivery of liquefied
    13  petroleum gas from such regular supplier. If  the  regular  supplier  is
    14  unable to make a scheduled delivery or fulfill the customer's good faith
    15  request, directly or through another supplier, for delivery within twen-
    16  ty-four  hours,  the  customer may arrange to have a temporary emergency
    17  supplier fill, refill or otherwise deliver liquefied petroleum gas  into
    18  such liquefied petroleum gas tank, provided that the temporary emergency
    19  supplier  ensures that such tank, and the devices and pipelines operated
    20  in connection with such tank,  have  been  inspected  and  certified  as
    21  required  by law and all applicable regulations. The temporary emergency
    22  supplier shall assume all liability that may result  from  the  improper
    23  filling,  inspection,  or testing of such tank.  The temporary emergency
    24  supplier that fills, refills, or otherwise delivers liquified  petroleum
    25  gas  under this subdivision must notify the regular supplier, in written

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04185-01-3

        A. 971                              2

     1  form, within five business days, the customer's name  and  address,  the
     2  date  and  quantity  delivered,  changes made to the system, if any, and
     3  pressure test results, if required.
     4    f.  In  all  other  circumstances  other  than those described in this
     5  section, it shall not be  permissible  for  any  person,  firm,  limited
     6  liability  company or corporation to remove or fill any liquified petro-
     7  leum gas from a liquified petroleum gas  tank,  cylinder,  container  or
     8  receptacle  without  the  consent  of  the owner of such tank, cylinder,
     9  container or receptacle.
    10    § 2.  This act shall take effect on the same  date  and  in  the  same
    11  manner  as  a  chapter  of the laws of 2022 amending the agriculture and
    12  markets law relating to authorizing the delivery of liquefied  petroleum
    13  gas  in  times of emergency, as proposed in legislative bills numbers S.
    14  8426 and A.  1451-A, takes effect.
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