Bill Text: NY A09212 | 2013-2014 | General Assembly | Introduced
Bill Title: Implements the New York propane education and safety act; authorizes the creation of certain propane education programs; requires the creation of a New York propane education and safety council; enumerates the duties and purposes of the New York propane education and safety council.
Spectrum: Slight Partisan Bill (Democrat 10-4)
Status: (Introduced - Dead) 2014-03-31 - referred to energy [A09212 Detail]
Download: New_York-2013-A09212-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
9212
I N A S S E M B L Y
March 31, 2014
___________
Introduced by M. of A. PAULIN, GALEF, LUPARDO, OTIS, SCHIMMINGER, CROUCH
-- Multi-Sponsored by -- M. of A. McDONOUGH, RIVERA -- read once and
referred to the Committee on Energy
AN ACT to amend the energy law, in relation to implementing the New York
propane education and safety act; and to amend the general business
law, in relation to consumer protections for liquefied petroleum gas
systems
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. The energy law is amended by adding a new article 14 to
2 read as follows:
3 ARTICLE 14
4 NEW YORK PROPANE EDUCATION AND SAFETY ACT
5 SECTION 14-101. SHORT TITLE.
6 14-102. DEFINITIONS.
7 14-103. REFERENDUM; CREATION AND TERMINATION OF A PROGRAM.
8 14-104. NEW YORK PROPANE EDUCATION AND SAFETY COUNCIL.
9 14-105. ASSESSMENTS.
10 14-106. COMPLIANCE.
11 14-107. LOBBYING RESTRICTIONS.
12 14-108. PRICING.
13 14-109. RELATION TO OTHER PROGRAMS.
14 S 14-101. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS
15 THE NEW YORK PROPANE EDUCATION AND SAFETY ACT.
16 S 14-102. DEFINITIONS. FOR PURPOSES OF THIS ARTICLE, UNLESS THE
17 CONTEXT OTHERWISE REQUIRES:
18 1. "COUNCIL" MEANS A NEW YORK PROPANE EDUCATION AND SAFETY COUNCIL
19 CREATED PURSUANT TO SECTION 14-104 OF THIS ARTICLE;
20 2. "PRESIDENT" MEANS THE CHAIRMAN OF NYSERDA OR HIS OR HER DESIGNEE;
21 3. "EDUCATION" MEANS ANY ACTION TO PROVIDE INFORMATION REGARDING
22 PROPANE, PROPANE EQUIPMENT, MECHANICAL AND TECHNICAL PRACTICES, AND
23 PROPANE USES TO CONSUMERS, AND MEMBERS OF THE PROPANE INDUSTRY;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02068-03-3
A. 9212 2
1 4. "INDUSTRY" MEANS THOSE PERSONS INVOLVED IN THE PRODUCTION, TRANS-
2 PORTATION, AND SALE OF PROPANE, AND THE MANUFACTURE AND DISTRIBUTION OF
3 PROPANE UTILIZATION EQUIPMENT;
4 5. "INDUSTRY TRADE ASSOCIATION" MEANS AN ORGANIZATION EXEMPT FROM TAX,
5 UNDER SECTION 501(C)(3) OR 501(C)(6) OF THE INTERNAL REVENUE CODE OF
6 1986, REPRESENTING THE PROPANE INDUSTRY;
7 6. "NYSERDA" MEANS THE NEW YORK STATE ENERGY AND RESEARCH DEVELOPMENT
8 AUTHORITY;
9 7. "ODORIZED PROPANE" MEANS PROPANE WHICH HAS AN ODORANT ADDED TO IT;
10 8. "PRODUCER" MEANS THE OWNER OF PROPANE AT THE TIME IT IS RECOVERED
11 AT A GAS PROCESSING PLANT OR REFINERY; IRRESPECTIVE OF THE STATE WHERE
12 PRODUCTION OCCURS;
13 9. "PROPANE" MEANS A HYDROCARBON WHOSE CHEMICAL COMPOSITION IS PREDO-
14 MINATELY C3H8, WHETHER RECOVERED FROM NATURAL GAS OR CRUDE OIL, AND
15 INCLUDES LIQUIFIED PETROLEUM GASES AND MIXTURES THEREOF;
16 10. "PUBLIC MEMBER" MEANS A DESIGNEE OF THE PRESIDENT OF THE NEW YORK
17 STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY;
18 11. "QUALIFIED INDUSTRY ORGANIZATION" MEANS THE NEW YORK PROPANE GAS
19 ASSOCIATION, THE NATIONAL PROPANE GAS ASSOCIATION, A SUCCESSOR ASSOCI-
20 ATION OF THESE ASSOCIATIONS, OR ANY OTHER PROPANE INDUSTRY ORGANIZATION;
21 12. "RESEARCH" MEANS ANY TYPE OF STUDY, INVESTIGATION OR OTHER ACTIV-
22 ITIES DESIGNED TO ADVANCE THE IMAGE, DESIRABILITY, USAGE, MARKETABILITY,
23 EFFICIENCY, AND SAFETY OF PROPANE AND TO FURTHER THE DEVELOPMENT OF SUCH
24 INFORMATION;
25 13. "RETAIL MARKETER" MEANS A PERSON ENGAGED PRIMARILY IN THE SALE OF
26 ODORIZED PROPANE TO THE ULTIMATE CONSUMER OR TO RETAIL PROPANE DISPEN-
27 SERS; AND
28 14. "RETAIL PROPANE DISPENSER" MEANS A PERSON WHO SELLS ODORIZED
29 PROPANE TO THE ULTIMATE CONSUMER BUT IS NOT ENGAGED PRIMARILY IN THE
30 BUSINESS OF SUCH SALES.
31 S 14-103. REFERENDUM; CREATION AND TERMINATION OF A PROGRAM. 1. QUAL-
32 IFIED INDUSTRY ORGANIZATIONS SHALL CONDUCT AT THEIR OWN EXPENSE, A
33 REFERENDUM AMONG PRODUCERS AND RETAIL MARKETERS FOR THE CREATION OF A
34 NEW YORK PROPANE EDUCATION AND SAFETY COUNCIL. THE COUNCIL, IF ESTAB-
35 LISHED, SHALL REIMBURSE THE QUALIFIED INDUSTRY ORGANIZATIONS FOR THE
36 COST OF THE REFERENDUM ACCOUNTING AND DOCUMENTATION. THE REFERENDUM
37 SHALL BE CONDUCTED BY AN INDEPENDENT AUDITING FIRM AGREED TO BY THE
38 QUALIFIED INDUSTRY ORGANIZATIONS. THE RESULTS, AS CERTIFIED BY AN INDE-
39 PENDENT AUDITING FIRM, SHALL BE SUBMITTED TO THE PRESIDENT WITHIN THIRTY
40 DAYS OF CERTIFICATION. VOTING RIGHTS IN THE REFERENDUM SHALL BE BASED ON
41 THE VOLUME OF PROPANE PRODUCED OR ODORIZED PROPANE SOLD IN THE PREVIOUS
42 CALENDAR YEAR. UPON APPROVAL OF THOSE PERSONS REPRESENTING TWO-THIRDS OF
43 THE TOTAL VALUE OF PROPANE VOTED IN THE RETAIL MARKETER CLASS AND
44 TWO-THIRDS OF ALL PROPANE VOTED IN THE PRODUCER CLASS, THE COUNCIL SHALL
45 BE ESTABLISHED, AND SHALL BE AUTHORIZED TO LEVY AN ASSESSMENT ON ODOR-
46 IZED PROPANE IN ACCORDANCE WITH SECTION 14-105 OF THIS ARTICLE. ALL
47 PERSONS VOTING IN THE REFERENDUM SHALL CERTIFY TO THE INDEPENDENT AUDIT-
48 ING FIRM THE VOLUME OF PROPANE REPRESENTED BY THEIR VOTE.
49 2. ON THE COUNCIL'S OWN INITIATIVE, OR ON PETITION TO THE COUNCIL BY
50 PRODUCERS AND RETAIL MARKETERS REPRESENTING THIRTY-FIVE PERCENT OF THE
51 VOLUME OF PROPANE IN EACH CLASS, THE COUNCIL SHALL, AT ITS OWN EXPENSE,
52 HOLD A REFERENDUM TO BE CONDUCTED BY AN INDEPENDENT AUDITING FIRM
53 SELECTED BY THE COUNCIL, TO DETERMINE WHETHER THE INDUSTRY FAVORS TERMI-
54 NATION OR SUSPENSION OF THE COUNCIL. TERMINATION OR SUSPENSION SHALL NOT
55 TAKE EFFECT UNLESS IT IS APPROVED BY PERSONS REPRESENTING MORE THAN
56 ONE-HALF OF THE TOTAL VOLUME OF ODORIZED PROPANE IN THE RETAIL MARKETER
A. 9212 3
1 CLASS AND MORE THAN ONE-HALF THE TOTAL VOLUME OF PROPANE IN THE PRODUCER
2 CLASS.
3 S 14-104. NEW YORK PROPANE EDUCATION AND SAFETY COUNCIL. 1. THE QUALI-
4 FIED INDUSTRY ORGANIZATIONS SHALL SELECT ALL RETAIL MARKETERS MEMBERS
5 AND PRODUCER MEMBERS OF THE COUNCIL. THE PRESIDENT SHALL DESIGNATE ONE
6 PUBLIC MEMBER. VACANCIES IN THE UNFINISHED TERMS OF COUNCIL MEMBERS
7 SHALL BE FILLED IN THE SAME MANNER AS WERE THE ORIGINAL APPOINTMENTS.
8 2. IN SELECTING MEMBERS OF THE COUNCIL, THE QUALIFIED INDUSTRY ORGAN-
9 IZATIONS SHALL GIVE DUE REGARD TO SELECTING A COUNCIL THAT IS REPRESEN-
10 TATIVE OF THE INDUSTRY, INCLUDING REPRESENTATION OF:
11 (A) GAS PROCESSORS AND OIL REFINERS AMONG PRODUCERS;
12 (B) INTERSTATE AND INTRASTATE OPERATORS AMONG RETAIL MARKETERS;
13 (C) LARGE AND SMALL COMPANIES AMONG PRODUCERS AND RETAIL MARKETERS,
14 INCLUDING AGRICULTURAL COOPERATIVES; AND
15 (D) DIVERSE GEOGRAPHIC REGIONS OF THE STATE.
16 3. THE COUNCIL SHALL CONSIST OF NO LESS THAN FIVE AND UP TO SEVEN
17 MEMBERS, WITH NO LESS THAN FOUR AND UP TO SIX MEMBERS REPRESENTING
18 RETAIL MARKETERS AND PRODUCERS, AND ONE PUBLIC MEMBER. OTHER THAN THE
19 PUBLIC MEMBER, COUNCIL MEMBERS SHALL BE FULL-TIME EMPLOYEES OR OWNERS OF
20 BUSINESSES IN THE INDUSTRY OR REPRESENTATIVES OF AGRICULTURAL COOPER-
21 ATIVES. NO EMPLOYEE OF A QUALIFIED INDUSTRY ORGANIZATION SHALL SERVE AS
22 A MEMBER OF THE COUNCIL, AND NO MEMBER OF THE COUNCIL MAY SERVE CONCUR-
23 RENTLY AS AN OFFICER OF THE BOARD OF DIRECTORS OF A QUALIFIED INDUSTRY
24 ORGANIZATION OR OTHER TRADE ASSOCIATION. ONLY ONE PERSON AT A TIME FROM
25 ANY COMPANY OR ITS AFFILIATE MAY SERVE ON THE COUNCIL. THE PRESIDENT MAY
26 SERVE AS AN EX-OFFICIO NON-VOTING MEMBER OF THE COUNCIL.
27 4. COUNCIL MEMBERS SHALL RECEIVE NO COMPENSATION FOR THEIR SERVICES,
28 NOR SHALL COUNCIL MEMBERS BE REIMBURSED FOR EXPENSES RELATING TO THEIR
29 SERVICE, EXCEPT THAT PUBLIC MEMBERS, UPON REQUEST, MAY BE REIMBURSED FOR
30 REASONABLE EXPENSES DIRECTLY RELATED TO THEIR PARTICIPATION IN COUNCIL
31 MEETINGS.
32 5. COUNCIL MEMBERS SHALL SERVE TERMS OF THREE YEARS AND MAY NOT SERVE
33 MORE THAN TWO FULL CONSECUTIVE TERMS. MEMBERS FILLING UNEXPIRED TERMS
34 MAY SERVE NOT MORE THAN A TOTAL OF SEVEN CONSECUTIVE YEARS. FORMER
35 MEMBERS OF THE COUNCIL MAY BE RETURNED TO THE COUNCIL IF THEY HAVE NOT
36 BEEN MEMBERS FOR A PERIOD OF TWO YEARS. INITIAL APPOINTMENTS TO THE
37 COUNCIL SHALL BE FOR TERMS OF ONE, TWO, AND THREE YEARS STAGGERED TO
38 PROVIDE FOR THE SELECTION OF FOUR MEMBERS EACH YEAR. THE COUNCIL SHALL
39 NOTIFY THE PRESIDENT OF THE NAME, ADDRESS, AND PROPANE-RELATED AFFIL-
40 IATION, IF ANY, OF A COUNCIL MEMBER WITHIN THIRTY DAYS AFTER THE
41 APPOINTMENT OF THE MEMBER TO THE COUNCIL.
42 6. THE COUNCIL SHALL DEVELOP PROGRAMS AND PROJECTS AND ENTER INTO
43 CONTRACTS OR AGREEMENTS FOR IMPLEMENTING THIS ARTICLE, INCLUDING
44 PROGRAMS TO ENHANCE CONSUMER AND EMPLOYEE SAFETY AND TRAINING, WHICH MAY
45 INCLUDE THE TRAINING REQUIRED BY SECTION THREE HUNDRED NINETY-ONE-AA OF
46 THE GENERAL BUSINESS LAW, TO PROVIDE FOR RESEARCH AND DEVELOPMENT OF
47 CLEAN AND EFFICIENT PROPANE UTILIZATION EQUIPMENT, TO INFORM AND EDUCATE
48 THE PUBLIC ABOUT SAFETY AND OTHER ISSUES ASSOCIATED WITH THE USE OF
49 PROPANE, AND TO PROVIDE FOR THE PAYMENT OF THE COSTS THEREOF WITH FUNDS
50 COLLECTED PURSUANT TO THIS ARTICLE. THE COUNCIL SHALL COORDINATE ITS
51 ACTIVITIES WITH INDUSTRY TRADE ASSOCIATIONS, HUDSON VALLEY COMMUNITY
52 COLLEGE, OTHER COMMUNITY COLLEGES AND OTHERS AS APPROPRIATE TO PROVIDE
53 EFFICIENT DELIVERY OF SERVICES AND TO AVOID UNNECESSARY DUPLICATION OF
54 ACTIVITIES.
A. 9212 4
1 7. ISSUES RELATED TO RESEARCH AND DEVELOPMENT, SAFETY, EDUCATION, AND
2 TRAINING SHALL BE GIVEN PRIORITY BY THE COUNCIL IN THE DEVELOPMENT OF
3 ITS PROGRAMS AND PROJECTS.
4 8. THE COUNCIL SHALL SELECT FROM AMONG ITS MEMBERS A CHAIRPERSON AND
5 OTHER OFFICERS AS NECESSARY, MAY ESTABLISH COMMITTEES AND SUBCOMMITTEES
6 OF THE COUNCIL, AND SHALL ADOPT RULES AND BYLAWS FOR THE CONDUCT OF
7 BUSINESS AND THE IMPLEMENTATION OF THIS ARTICLE. THE COUNCIL SHALL
8 ESTABLISH PROCEDURES FOR THE SOLICITATION OF INDUSTRY COMMENT AND RECOM-
9 MENDATIONS ON ANY SIGNIFICANT PLANS, PROGRAMS, AND PROJECTS TO BE FUNDED
10 BY THE COUNCIL. THE COUNCIL MAY ESTABLISH ADVISORY COMMITTEES OF PERSONS
11 OTHER THAN COUNCIL MEMBERS.
12 9. AT THE BEGINNING OF EACH FISCAL PERIOD, THE COUNCIL SHALL PREPARE A
13 BUDGET PLAN FOR THE NEXT FISCAL PERIOD, INCLUDING THE PROBABLE COST OF
14 ALL PROGRAMS, PROJECTS, AND CONTRACTS AND A RECOMMENDED RATE OF ASSESS-
15 MENT SUFFICIENT TO COVER SUCH COSTS. THE COUNCIL SHALL SUBMIT THE
16 PROPOSED BUDGET TO THE PRESIDENT FOR REVIEW AND COMMENT. THE PRESIDENT
17 MAY RECOMMEND PROGRAMS AND ACTIVITIES CONSIDERED APPROPRIATE.
18 10. THE COUNCIL SHALL KEEP MINUTES, BOOKS, AND RECORDS THAT CLEARLY
19 REFLECT ALL OF THE ACTS AND TRANSACTIONS OF THE COUNCIL AND MAKE PUBLIC
20 SUCH INFORMATION. THE BOOKS OF THE COUNCIL SHALL BE AUDITED BY A CERTI-
21 FIED PUBLIC ACCOUNTANT AT LEAST ONCE EACH FISCAL YEAR AND AT SUCH OTHER
22 TIMES AS THE COUNCIL MAY DESIGNATE. THE EXPENSE OF THE AUDIT SHALL BE
23 THE RESPONSIBILITY OF THE COUNCIL. COPIES OF SUCH AUDIT SHALL BE
24 PROVIDED TO ALL MEMBERS OF THE COUNCIL, ALL QUALIFIED INDUSTRY ORGANIZA-
25 TIONS, AND TO OTHER MEMBERS OF THE INDUSTRY UPON REQUEST.
26 S 14-105. ASSESSMENTS. 1. THE COUNCIL SHALL SET THE ASSESSMENT AT NO
27 GREATER THAN ONE-TENTH OF ONE CENT PER GALLON OF ODORIZED PROPANE.
28 2. THE OWNER OF ODORIZED PROPANE AT THE TIME OF ODORIZATION, OR THE
29 TIME OF IMPORT OF ODORIZED PROPANE SHALL MAKE THE ASSESSMENT BASED ON
30 THE VOLUME OF ODORIZED PROPANE SOLD. THE ASSESSMENT, WHEN MADE, SHALL BE
31 LISTED AS A SEPARATE LINE ITEM ON THE BILL LABELED "NEW YORK PROPANE
32 EDUCATION AND SAFETY ASSESSMENT". ASSESSMENTS COLLECTED FROM PURCHASERS
33 OF PROPANE ARE PAYABLE TO THE COUNCIL ON A MONTHLY BASIS BY THE TWENTY-
34 FIFTH OF THE MONTH FOLLOWING THE MONTH OF COLLECTION.
35 IF PAYMENT IS NOT MADE TO THE COUNCIL BY THE DUE DATE UNDER THIS
36 SUBDIVISION, AN INTEREST PENALTY OF ONE PERCENT OF ANY AMOUNT UNPAID
37 SHALL BE ADDED FOR EACH MONTH OR FRACTION OF A MONTH AFTER THE DUE DATE,
38 UNTIL FINAL PAYMENT IS MADE.
39 3. THE COUNCIL MAY ESTABLISH AN ALTERNATIVE MEANS OF COLLECTING THE
40 ASSESSMENT IF ANOTHER MEANS IS FOUND TO BE MORE EFFICIENT AND EFFECTIVE.
41 THE COUNCIL MAY ESTABLISH A LATE PAYMENT CHARGE AND RATE OF INTEREST TO
42 BE IMPOSED ON ANY PERSON WHO FAILS TO REMIT OR PAY TO THE COUNCIL ANY
43 AMOUNT DUE UNDER THIS ARTICLE.
44 4. PENDING DISBURSEMENT PURSUANT TO A PROGRAM, PLAN, OR PROJECT, THE
45 COUNCIL SHALL INVEST FUNDS COLLECTED THROUGH ASSESSMENTS, AND ANY OTHER
46 FUNDS RECEIVED BY THE COUNCIL, ONLY IN OBLIGATIONS OF THE UNITED STATES
47 OR ANY AGENCY THEREOF, IN GENERAL OBLIGATIONS OF ANY STATE OR POLITICAL
48 SUBDIVISION THEREOF, IN ANY INTEREST-BEARING ACCOUNT OR CERTIFICATE OF
49 DEPOSIT OF A BANK THAT IS A MEMBER OF THE FEDERAL RESERVE SYSTEM, OR IN
50 OBLIGATIONS FULLY GUARANTEED AS TO PRINCIPAL AND INTEREST BY THE UNITED
51 STATES.
52 S 14-106. COMPLIANCE. THE SUPREME COURT IS VESTED WITH THE JURISDIC-
53 TION SPECIFICALLY TO ENFORCE THE PROVISIONS OF THIS ARTICLE, AND PREVENT
54 OR RESTRAIN ANY PERSON FROM VIOLATING ANY SUCH PROVISION. A SUCCESSFUL
55 ACTION FOR COMPLIANCE UNDER THIS SECTION MAY ALSO REQUIRE PAYMENT BY THE
56 DEFENDANT OF THE COSTS INCURRED BY THE COUNCIL IN BRINGING THE ACTION.
A. 9212 5
1 S 14-107. LOBBYING RESTRICTIONS. NO FUNDS COLLECTED BY THE COUNCIL
2 SHALL BE USED IN ANY MANNER FOR INFLUENCING LEGISLATION OR ELECTIONS,
3 EXCEPT THAT THE COUNCIL MAY RECOMMEND TO THE PRESIDENT CHANGES IN THIS
4 ARTICLE OR OTHER STATUTES THAT WOULD FURTHER THE PURPOSE OF THIS ARTI-
5 CLE.
6 S 14-108. PRICING. IN ALL CASES, THE PRICE OF PROPANE SHALL BE DETER-
7 MINED BY MARKET FORCES. CONSISTENT WITH THE ANTITRUST LAWS, THE COUNCIL
8 MAY TAKE NO ACTION, NOR MAY ANY PROVISION OF THIS ARTICLE BE INTERPRETED
9 AS ESTABLISHING AN AGREEMENT TO PASS ALONG TO CONSUMERS THE COST OF THE
10 ASSESSMENT PROVIDED FOR IN SECTION 14-105 OF THIS ARTICLE.
11 S 14-109. RELATION TO OTHER PROGRAMS. NOTHING IN THIS ARTICLE MAY BE
12 CONSTRUED TO PREEMPT OR SUPERSEDE ANY OTHER PROGRAM RELATING TO PROPANE
13 EDUCATION AND SAFETY ORGANIZED AND OPERATED UNDER THE LAWS OF THE STATE
14 OF NEW YORK.
15 S 2. The general business law is amended by adding a new section 391-
16 aa to read as follows:
17 S 391-AA. LIQUEFIED PETROLEUM GAS SYSTEMS; CONSUMER PROTECTIONS. 1.
18 ON OR AFTER JULY FIRST, TWO THOUSAND FOURTEEN, NO LIQUEFIED PETROLEUM
19 GAS MARKETER OR ANY OTHER PERSON SHALL INSTALL, INSPECT OR SERVICE
20 LIQUEFIED PETROLEUM GAS SYSTEMS IN NEW YORK STATE OR HOLD HIMSELF,
21 HERSELF OR ITSELF OUT TO BE QUALIFIED OR ADEQUATELY TRAINED TO INSTALL,
22 INSPECT OR SERVICE LIQUEFIED PETROLEUM GAS SYSTEMS IN NEW YORK STATE
23 WITHOUT FIRST SUCCESSFULLY COMPLETING THE FOLLOWING PORTIONS OF A
24 PROPANE SAFETY AND TRAINING PROGRAM KNOWN AS THE PROPANE EDUCATION AND
25 RESEARCH COUNCIL'S CERTIFIED EMPLOYEE TRAINING PROGRAM, AS AMENDED FROM
26 TIME TO TIME:
27 A. BASIC PRINCIPLES AND PRACTICES OF PROPANE (ALSO KNOWN AS BOOK 1.0);
28 B. DESIGNING AND INSTALLING EXTERIOR VAPOR DISTRIBUTIONS SYSTEMS (ALSO
29 KNOWN AS BOOK 4.1);
30 C. PLACING VAPOR DISTRIBUTION SYSTEMS AND APPLIANCES INTO OPERATION
31 (ALSO KNOWN AS BOOK 4.2);
32 D. INSTALLING APPLIANCES AND INTERIOR VAPOR DISTRIBUTION SYSTEMS (ALSO
33 KNOWN AS BOOK 4.3); AND
34 E. DESIGNING AND INSTALLING DISPENSER TRANSFER SYSTEMS (ALSO KNOWN AS
35 BOOK 5.1);
36 SUCH TRAINING SHALL BE PROVIDED BY A QUALIFIED PROPANE INDUSTRY ORGAN-
37 IZATION.
38 2. WITHIN THIRTY DAYS OF THE EFFECTIVE DATE OF THIS SECTION, EVERY
39 LIQUEFIED PETROLEUM GAS MARKETER OR ANY OTHER PERSON HIRED TO INSTALL,
40 INSPECT, OR SERVICE A LIQUEFIED PETROLEUM GAS SYSTEM SHALL POST ON HIS,
41 HER, OR ITS WEBSITE, IF SUCH A WEBSITE IS MAINTAINED, AN INDICATION OF
42 WHETHER THE TRAINING REQUIRED BY THIS SECTION HAS BEEN COMPLETED BY THE
43 INDIVIDUALS THAT WILL BE PERFORMING SUCH WORK. PRIOR TO COMMENCING THE
44 INSTALLATION, INSPECTION OR SERVICE OF A LIQUEFIED PETROLEUM GAS SYSTEM,
45 A LIQUEFIED PETROLEUM GAS MARKETER OR ANY OTHER PERSON HIRED TO PERFORM
46 SUCH WORK SHALL PROVIDE THE CUSTOMER OR PROSPECTIVE CUSTOMER, UPON
47 REQUEST, A WRITTEN NOTICE THAT THE INDIVIDUALS THAT WILL PERFORM SUCH
48 WORK HAVE SUCCESSFULLY COMPLETED THE TRAINING REQUIRED BY THIS SECTION.
49 3. IN THE EVENT THAT A LIQUEFIED PETROLEUM GAS MARKETER OR ANY OTHER
50 PERSON HIRED TO INSTALL, INSPECT OR SERVICE A LIQUEFIED PETROLEUM GAS
51 SYSTEM PERFORMS SUCH WORK WITHOUT HAVING FIRST SUCCESSFULLY COMPLETED
52 THE TRAINING REQUIRED BY THIS SECTION, SUCH LIQUEFIED PETROLEUM GAS
53 MARKETER OR SUCH OTHER PERSON SHALL BE CIVILLY LIABLE FOR ANY PROPERTY
54 DAMAGE, INJURY OR DEATH CAUSED BY SUCH INSTALLATION, INSPECTION OR
55 SERVICE.
A. 9212 6
1 4. IT IS HEREBY DECLARED TO BE A DECEPTIVE TRADE ACT AND PRACTICE AND
2 UNLAWFUL FOR ANY LIQUEFIED PETROLEUM GAS MARKETER OR ANY OTHER PERSON TO
3 HOLD HIMSELF, HERSELF OR ITSELF OUT TO BE QUALIFIED OR ADEQUATELY
4 TRAINED TO INSTALL, INSPECT OR SERVICE LIQUEFIED PETROLEUM GAS SYSTEMS
5 IN NEW YORK STATE WITHOUT FIRST SUCCESSFULLY COMPLETING THE TRAINING
6 REQUIRED BY THIS SECTION.
7 5. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO ALTER OR SUPERSEDE
8 ANY REQUIREMENTS PERTAINING TO LIQUEFIED PETROLEUM GASES SET FORTH IN
9 THE FIRE CODE OF NEW YORK STATE OR THE FUEL GAS CODE OF NEW YORK STATE.
10 6. FOR THE PURPOSES OF THIS SECTION THE FOLLOWING TERMS SHALL HAVE THE
11 FOLLOWING MEANINGS:
12 A. "PERSON" SHALL MEAN ANY NATURAL PERSON, SOLE PROPRIETORSHIP, PART-
13 NERSHIP, CORPORATION, LIMITED LIABILITY COMPANY, TRUST, INCORPORATED OR
14 UNINCORPORATED ASSOCIATION, OR ANY OTHER LEGAL ENTITY.
15 B. "LIQUEFIED PETROLEUM GAS" SHALL MEAN LIQUEFIED PETROLEUM GAS AS
16 SUCH TERM IS DEFINED IN SECTION ONE HUNDRED NINETY-TWO-E OF THE AGRICUL-
17 TURE AND MARKETS LAW.
18 C. "LIQUEFIED PETROLEUM GAS SYSTEM" SHALL MEAN ANY SYSTEM, EQUIPMENT,
19 OR COMPONENT, INDIVIDUALLY OR COLLECTIVELY, THAT UTILIZES LIQUEFIED
20 PETROLEUM GAS INCLUDING BUT NOT LIMITED TO A STORAGE CONTAINER, STORAGE
21 CYLINDER, END POINT OR POINTS OF COMBUSTION, APPLIANCES AND ALL ATTACH-
22 MENTS UTILIZING OR TRANSPORTING LIQUEFIED PETROLEUM GAS.
23 D. "LIQUEFIED PETROLEUM GAS MARKETER" SHALL MEAN ANY NATURAL PERSON,
24 SOLE PROPRIETORSHIP, PARTNERSHIP, CORPORATION, LIMITED LIABILITY COMPA-
25 NY, TRUST, INCORPORATED OR UNINCORPORATED ASSOCIATION, OR ANY OTHER
26 LEGAL ENTITY ENGAGED DIRECTLY IN THE RETAIL SALE OR RETAIL TRANSPORT OF
27 LIQUEFIED PETROLEUM GAS.
28 E. "QUALIFIED PROPANE INDUSTRY ORGANIZATION" SHALL MEAN THE NEW YORK
29 PROPANE GAS ASSOCIATION, THE NATIONAL PROPANE GAS ASSOCIATION, A SUCCES-
30 SOR ORGANIZATION OF THESE ASSOCIATIONS, OR ANY OTHER PROPANE INDUSTRY
31 ORGANIZATION AUTHORIZED TO DO BUSINESS IN NEW YORK STATE THAT IS
32 DESIGNED PRIMARILY TO PROVIDE INFORMATION REGARDING PROPANE, PROPANE
33 EQUIPMENT, MECHANICAL AND TECHNICAL PRACTICES, AND PROPANE USES TO
34 CONSUMERS AND MEMBERS OF THE PROPANE INDUSTRY.
35 S 3. This act shall take effect immediately.
