Bill Text: NY A08659 | 2017-2018 | General Assembly | Amended

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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-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         8659--A
                               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 -- recommitted to the Committee on
          Consumer Affairs and Protection in accordance with  Assembly  Rule  3,
          sec.  2  --  committee  discharged, bill amended, ordered reprinted as
          amended and recommitted to said committee
        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
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05518-05-8
        A. 8659--A                          2
     1  pursuant to subdivision four of this section, in no less than  14  point
     2  bold  type  and  separate  form from any other document provided to such
     3  homeowner. The department of state shall have the authority  to  promul-
     4  gate  any  rules or regulations necessary to implement the provisions of
     5  this subdivision.
     6    4. The department of state shall create  and  make  available  to  the
     7  public on the department's website a notice informing homeowners who are
     8  converting  their  existing  oil  home  heating system to an alternative
     9  method of home heating of the  provisions  of  subdivision  thirteen  of
    10  section three hundred seventy-eight of the executive law, in addition to
    11  any  other  state  laws,  rules,  or regulations related to the closure,
    12  abandonment, and/or removal of a heating  oil  storage  tank,  including
    13  fill  and  vent  pipes  and  other related materials and equipment. Such
    14  notice shall include a requirement that the homeowner must provide writ-
    15  ten notice to his or her  home  heating  oil  supplier  to  inform  such
    16  supplier  of  such  conversion prior to the commencement of the new home
    17  heating service, and shall also advise the homeowner that there  may  be
    18  other local laws related to such conversion.
    19    §  3. Subdivision 13 of section 378 of the executive law is amended by
    20  adding a new paragraph h to read as follows:
    21    h. The property owner shall provide written notice to his or her  home
    22  heating  oil  supplier or suppliers to inform them of such conversion to
    23  an alternate fuel prior to the commencement  of  the  new  home  heating
    24  service.
    25    §  4.  This  act shall take effect on the ninetieth day after it shall
    26  have become a law; provided, however, that  effective  immediately,  the
    27  addition,  amendment,  and/or repeal of any rule or regulation necessary
    28  for the implementation of this act on its effective date are  authorized
    29  and directed to be made and completed on or before such date.