Bill Text: NY A08940 | 2017-2018 | General Assembly | Amended
Bill Title: Relates to authorizing the delivery of liquefied petroleum gas in times of emergency; authorizes delivery by companies who do not own the cylinder, container or receptacle under certain circumstances provided the cylinder, container or receptacle has been inspected and certified as required by law or regulation.
Spectrum: Moderate Partisan Bill (Democrat 5-1)
Status: (Engrossed - Dead) 2018-01-17 - REFERRED TO AGRICULTURE [A08940 Detail]
Download: New_York-2017-A08940-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 8940--A IN ASSEMBLY January 8, 2018 ___________ Introduced by M. of A. SANTABARBARA -- read once and referred to the Committee on Agriculture -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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. Section 192-e of the agriculture and markets law is amended 2 by adding a new subdivision 6-a to read as follows: 3 6-a. (a) Notwithstanding any other law, rule or regulation to the 4 contrary, a person, firm, limited liability company or corporation who 5 is not the owner of a liquefied petroleum gas cylinder, container or 6 receptacle may fill, refill or otherwise deliver liquefied petroleum gas 7 into such liquefied petroleum gas cylinder, container or receptacle, 8 provided, such cylinder, container or receptacle and devices and associ- 9 ated pipelines operating off of such cylinder, container, or receptacle 10 has been inspected and certified as required by law or regulation, when: 11 (i) a consumer has acted in good faith under an existing contract to 12 procure delivery of liquefied petroleum gas from the owner of a lique- 13 fied petroleum gas cylinder, container or receptacle, but has not 14 received liquefied petroleum gas in a reasonable time; and 15 (ii) a federal, state or local state of emergency has been declared; 16 or 17 (iii) severe weather or any other similar circumstances may result in 18 individuals being placed in imminent danger of death or injury or build- 19 ing structures and/or its fixtures at risk of significant damage. 20 (b) Any person, firm, limited liability company or corporation who 21 fills, refills or otherwise delivers liquefied petroleum gas or owns 22 such a gas cylinder, container or receptacle is not permitted to charge 23 any penalty or fee in addition to any standard filling, refilling or 24 delivery fee pursuant to this subdivision. 25 (c) Nothing in this subdivision shall be deemed to restrict the owner 26 of a liquefied petroleum gas cylinder, container or receptacle from 27 procuring liquefied petroleum gas from any seller. 28 § 2. This act shall take effect immediately. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD14153-06-8