Bill Text: NY A08659 | 2017-2018 | 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: (Introduced - Dead) 2018-06-07 - print number 8659a [A08659 Detail]

Download: New_York-2017-A08659-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          8659
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    September 1, 2017
                                       ___________
        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 public service 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.  Section  778-aa of the general business law is amended by
     2  adding three new subdivisions 3, 4 and 5 to read as follows:
     3    3. Prior to the commencement of home  heating  service  by  a  utility
     4  company,  gas  corporation, or electric corporation and/or contractor as
     5  defined in section two of the public service law, such entity shall file
     6  a certification with the New  York  state  department  of  environmental
     7  conservation,  and  any  other  municipal  entity charged with enforcing
     8  state and local building laws, that all parts  of  the  New  York  state
     9  building  code  or any other applicable local building codes relating to
    10  the abandonment, and removal and/or sealing of  unused  oil  tanks,  and
    11  subdivision thirteen of section three hundred seventy-eight of the exec-
    12  utive law, have been complied with.
    13    4.  Failure  to file certification as outlined in subdivision three of
    14  this section shall be deemed prima facie evidence of negligence  on  the
    15  part  of  the  gas  corporation,  electric corporation, utility company,
    16  and/or contractor installing and/or converting the home heating  system,
    17  and such contractor or person shall be liable for any fines, damages, or
    18  injury caused from delivery of home heating oil to an improperly removed
    19  and/or abandoned home heating oil storage tank.
    20    5.  The  commissioner  of the department of environmental conservation
    21  shall have the authority to  promulgate  any  regulations  necessary  to
    22  implement subdivisions three and four of this section.
    23    §  2.  Section 31 of the public service law is amended by adding a new
    24  subdivision 7 to read as follows:
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05518-03-7
        A. 8659                             2
     1    7. No application for service shall be approved unless the gas  corpo-
     2  ration,  electric  corporation or municipality has ensured and certified
     3  to the commissioner of the department of environmental conservation that
     4  all local and state statutes and regulations  relating  to  abandonment,
     5  and  removal  and/or sealing of unused oil tanks have been complied with
     6  pursuant to section seven hundred seventy-eight-aa of the general  busi-
     7  ness law.
     8    § 3. This act shall take effect immediately and shall be applicable to
     9  all  pipes  and tanks newly installed or replaced on or after the effec-
    10  tive date of this act.