Bill Text: NY A06193 | 2019-2020 | General Assembly | Amended


Bill Title: Relates to home heating system conversion; requires written notice regarding such conversion.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2019-12-20 - APPROVAL MEMO.72 [A06193 Detail]

Download: New_York-2019-A06193-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         6193--A

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                      March 4, 2019
                                       ___________

        Introduced by M. of A. LAVINE -- read once and referred to the Committee
          on  Consumer  Affairs  and  Protection  --  committee discharged, bill
          amended, ordered reprinted as amended and recommitted to said  commit-
          tee

        AN  ACT  to  amend  the  general  business law and the executive law, in
          relation to home heating system conversion

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Subdivision  1  of section 778-aa of the general business
     2  law, as added by chapter 129 of the laws of 1996, is amended to read  as
     3  follows:
     4    1.  All home improvement contractors as defined in subdivision five of
     5  section seven hundred seventy  of  this  chapter  or  any  other  person
     6  providing  an  estimate  or  engaged in the installation of home heating
     7  systems shall include in any estimate  of  the  cost  of  converting  an
     8  existing  oil  home heating system to [either] a natural gas [or], elec-
     9  tric or any other home heating system a separate estimate detailing  the
    10  costs related to the closure, abandonment and/or removal of a home heat-
    11  ing oil storage tank. In addition, any person making such estimate shall
    12  also provide a copy of any applicable local law, or if there is no local
    13  law then such person shall provide a written statement to that effect.
    14    §  2.  Section 778-aa of the general business law is amended by adding
    15  two new subdivisions 3 and 4 to read as follows:
    16    3. Upon entering into an agreement for the conversion of  an  existing
    17  home  heating  system  from an oil home heating system to an alternative
    18  method of home heating, and prior to the commencement of  the  new  home
    19  heating  service,  the  utility  company,  gas  corporation, or electric
    20  corporation, as defined in section two of the public service law, or any
    21  home  improvement  contractor  installing  the  alternate  home  heating
    22  system,  shall  provide  to  the  homeowner a written copy of the notice
    23  created by the department of state pursuant to subdivision four of  this

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04379-03-9

        A. 6193--A                          2

     1  section,  in  no less than 14 point bold type and separate form from any
     2  other document provided to such homeowner. The department of state shall
     3  have the authority to promulgate any rules or regulations  necessary  to
     4  implement the provisions of this subdivision.
     5    4.  The  department  of  state  shall create and make available to the
     6  public on the department's website a notice informing homeowners who are
     7  converting their existing oil home  heating  system  to  an  alternative
     8  method  of  home  heating  of  the provisions of subdivision thirteen of
     9  section three hundred seventy-eight of the executive law, in addition to
    10  any other state laws, rules, or  regulations  related  to  the  closure,
    11  abandonment,  and/or  removal  of  a heating oil storage tank, including
    12  fill and vent pipes and other  related  materials  and  equipment.  Such
    13  notice shall include a requirement that the homeowner must provide writ-
    14  ten  notice  to  his  or  her  home  heating oil supplier to inform such
    15  supplier of such conversion prior to the commencement of  the  new  home
    16  heating  service,  and shall also advise the homeowner that there may be
    17  other local laws related to such conversion.
    18    § 3. Subdivision 13 of section 378 of the executive law is amended  by
    19  adding a new paragraph h to read as follows:
    20    h.  The property owner shall provide written notice to his or her home
    21  heating oil supplier or suppliers to inform them of such  conversion  to
    22  an  alternate  fuel  prior  to  the commencement of the new home heating
    23  service.
    24    § 4. This act shall take effect on the ninetieth day  after  it  shall
    25  have  become  a  law.    Effective  immediately, the addition, amendment
    26  and/or repeal of any rule or regulation necessary for the implementation
    27  of this act on  its  effective  date  are  authorized  to  be  made  and
    28  completed on or before such effective date.
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