Bill Text: NY A08947 | 2019-2020 | General Assembly | Introduced

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Bill Title: Requires notice to be provided of a home heating system conversion.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2020-04-17 - SIGNED CHAP.62 [A08947 Detail]

Download: New_York-2019-A08947-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          8947

                   IN ASSEMBLY

                                     January 3, 2020
                                       ___________

        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, 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. Subdivisions 3 and 4 of section 778-aa of the general busi-
     2  ness law, as added by a chapter of the laws of 2019, amending the gener-
     3  al  business  law  and the executive law relating to home heating system
     4  conversion, as proposed in legislative bills numbers S.  3360-A  and  A.
     5  6193-A, are amended to read as follows:
     6    3.  Upon  entering into an agreement for the conversion of an existing
     7  home heating system from an oil home heating system  to  an  alternative
     8  method  of  home  heating, and prior to the commencement of the new home
     9  heating service, [the utility  company,  gas  corporation,  or  electric
    10  corporation,  as  defined  in section two of the public service law, or]
    11  any home improvement contractor installing the  alternate  home  heating
    12  system[,]  shall  provide  to the homeowner a written copy of the notice
    13  created by the department of state pursuant to subdivision  [four]  five
    14  of  this section, in no less than 14 point bold type and separate [form]
    15  from any other document provided to such homeowner and provide as may be
    16  required by state or local law, written notice of the agreement for  the
    17  conversion  of  an  existing  home  heating system to the municipal code
    18  enforcement official having authority to  enforce  the  New  York  state
    19  uniform  fire  prevention and building code, or local code applicable to
    20  cities with a population of one million or more, whichever code  applies
    21  to the jurisdiction in which the home heating system is located.
    22    4.  (a) Prior to the commencement of the new home heating service, the
    23  property owner shall provide written notice  to  such  property  owner's
    24  heating  oil  supplier or suppliers to inform them of such conversion to
    25  an alternate fuel prior to the commencement  of  the  new  home  heating
    26  service.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04379-04-9
        A. 8947                             2

     1    (b) The department of state shall have the authority to promulgate any
     2  rules  or  regulations  necessary  to  implement  the provisions of this
     3  subdivision.
     4    [4.] 5. The department of state shall create and make available to the
     5  public on the department's website a notice informing homeowners who are
     6  converting  their  existing  oil  home  heating system to an alternative
     7  method of home heating of the  provisions  of  subdivision  thirteen  of
     8  section three hundred seventy-eight of the executive law, in addition to
     9  any  other  state  laws,  rules,  or regulations related to the closure,
    10  abandonment, and/or removal of a heating  oil  storage  tank,  including
    11  fill  and  vent  pipes  and  other related materials and equipment. Such
    12  notice shall include [a requirement  that]  information  to  inform  the
    13  homeowner  [must] that the homeowner shall provide written notice to his
    14  or her home heating oil supplier to inform such supplier of such conver-
    15  sion prior to the commencement of the  new  home  heating  service,  and
    16  shall  also  advise  the  homeowner  that  there may be other local laws
    17  related to such conversion.
    18    § 2. This act shall take effect on the  same  date  and  in  the  same
    19  manner  as  a chapter of the laws of 2019, amending the general business
    20  law and the executive law relating to home heating system conversion, as
    21  proposed in legislative bills numbers S. 3360-A  and  A.  6193-A,  takes
    22  effect.