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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          6193
                               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
        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. Following the conversion of an existing home heating system from an
    17  oil home heating system to an alternative method of  home  heating,  and
    18  prior  to  the commencement of the new home heating service, the utility
    19  company, gas corporation, or electric corporation, as defined in section
    20  two of the public service law, or any home  improvement  contractor  who
    21  installed  the alternate home heating system, shall provide to the home-
    22  owner a written copy of the notice created by the  department  of  state
    23  pursuant  to  subdivision four of this section, in no less than 14 point
    24  bold type and separate form from any other  document  provided  to  such
    25  homeowner.  The  department of state shall have the authority to promul-
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04379-01-9
        A. 6193                             2
     1  gate any rules or regulations necessary to implement the  provisions  of
     2  this subdivision.
     3    4.  The  department  of  state  shall create and make available to the
     4  public on the department's website a notice informing homeowners who are
     5  converting their existing oil home  heating  system  to  an  alternative
     6  method  of  home  heating  of  the provisions of subdivision thirteen of
     7  section three hundred seventy-eight of the executive law, in addition to
     8  any other state laws, rules, or  regulations  related  to  the  closure,
     9  abandonment,  and/or  removal  of  a heating oil storage tank, including
    10  fill and vent pipes and other  related  materials  and  equipment.  Such
    11  notice shall include a requirement that the homeowner must provide writ-
    12  ten  notice  to  his  or  her  home  heating oil supplier to inform such
    13  supplier of such conversion prior to the commencement of  the  new  home
    14  heating  service,  and shall also advise the homeowner that there may be
    15  other local laws related to such conversion.
    16    § 3. Subdivision 13 of section 378 of the executive law is amended  by
    17  adding a new paragraph h to read as follows:
    18    h.  The property owner shall provide written notice to his or her home
    19  heating oil supplier or suppliers to inform them of such  conversion  to
    20  an  alternate  fuel  prior  to  the commencement of the new home heating
    21  service.
    22    § 4. This act shall take effect on the ninetieth day  after  it  shall
    23  have  become  a  law.    Effective  immediately, the addition, amendment
    24  and/or repeal of any rule or regulation necessary for the implementation
    25  of this act on  its  effective  date  are  authorized  to  be  made  and
    26  completed on or before such effective date.