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