Bill Text: NY S06111 | 2019-2020 | General Assembly | Amended


Bill Title: Authorizes 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: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2019-06-20 - SUBSTITUTED BY A1434B [S06111 Detail]

Download: New_York-2019-S06111-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         6111--A
            Cal. No. 914

                               2019-2020 Regular Sessions

                    IN SENATE

                                      May 16, 2019
                                       ___________

        Introduced  by  Sen. BRESLIN -- read twice and ordered printed, and when
          printed to be committed to the Committee on  Agriculture  --  reported
          favorably  from  said  committee,  ordered to first and second report,
          ordered to a third reading, amended and ordered  reprinted,  retaining
          its place in the order of third reading

        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 two new subdivisions 6-a and 6-b to read as follows:
     3    6-a. a. Definitions. For the purposes of this subdivision:
     4    (i) "liquefied petroleum gas tank" shall mean a cylinder, container or
     5  receptacle,  fixed in place, that is intended to be used to store lique-
     6  fied petroleum gas for the purpose of heating,  or  generating  electric
     7  power, for a residential customer;
     8    (ii) "qualifying emergency" shall mean:
     9    (A) a federal, state or local state of emergency has been declared, or
    10  federal  or state authorities have granted a waiver from hours-of-opera-
    11  tions limitations affecting liquefied petroleum gas deliveries; or
    12    (B) severe weather or any other similar circumstance  exist  that  may
    13  result  in  an  individual  being  placed in imminent danger of death or
    14  injury, or may result in a building structure and/or its fixtures  being
    15  at  risk of significant damage due to lack of residential heat caused by
    16  the lack of sufficient liquified petroleum gas  to  produce  residential
    17  heat;
    18    (iii)  "regular supplier" shall mean a person, firm, limited liability
    19  company or corporation that owns a  liquefied  petroleum  gas  tank  and
    20  that,  pursuant  to  a  current contract, has agreed to supply liquefied
    21  petroleum gas to such tank for use by  a  residential  customer  or  the
    22  customer's agent or agents; and

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06460-05-9

        S. 6111--A                          2

     1    (iv) "temporary emergency supplier" shall mean a person, firm, limited
     2  liability company or corporation that fills, refills or otherwise deliv-
     3  ers  liquefied petroleum gas into a liquefied petroleum gas tank it does
     4  not own, where such tank is subject to an existing  contract  between  a
     5  regular supplier and their customer.
     6    b.  Notwithstanding any other law, rule or regulation to the contrary,
     7  when a qualifying emergency is in effect, a residential customer who has
     8  a contract with a regular supplier to fill  a  liquefied  petroleum  gas
     9  tank  reasonably believes the amount of liquefied petroleum gas in their
    10  tank will be insufficient to meet  the  customer's  heating  needs,  the
    11  customer shall make a good faith effort to procure delivery of liquefied
    12  petroleum  gas  from  such  regular supplier. If the regular supplier is
    13  unable to make a scheduled delivery or fulfill the customer's good faith
    14  request, directly or through another supplier, for delivery within twen-
    15  ty-four hours, the customer may arrange to have  a  temporary  emergency
    16  supplier  fill, refill or otherwise deliver liquefied petroleum gas into
    17  such liquefied petroleum gas tank, provided that the temporary emergency
    18  supplier ensures that such tank, and the devices and pipelines  operated
    19  in  connection  with  such  tank,  have  been inspected and certified as
    20  required by law and all applicable regulations.
    21    c. When a temporary emergency supplier  delivers  liquefied  petroleum
    22  gas to a residential customer pursuant to this subdivision, neither such
    23  temporary  emergency  supplier  nor such customer's regular supplier may
    24  charge any penalty or fee in  addition  to  any  filling,  refilling  or
    25  delivery  fees that are usually charged to other customers in the course
    26  of business under circumstances when paragraph b of this subdivision  is
    27  not applicable.
    28    d.  Any  contract  executed  subsequent  to the effective date of this
    29  subdivision for the supply of liquefied petroleum gas to  a  residential
    30  customer shall include provisions relating to delivery and fees pursuant
    31  to paragraphs b and c of this subdivision if applicable.
    32    e. Nothing in this subdivision shall be deemed to restrict a liquefied
    33  petroleum  gas  customer  who  owns  a liquefied petroleum gas tank from
    34  procuring such gas from any supplier.
    35    6-b. The commissioner, in cooperation  with  the  department  of  law,
    36  shall  develop  a "propane consumer bill of rights" consistent with this
    37  section to address the rights of consumers who enter into contracts  for
    38  the  provision  and  delivery  of liquefied petroleum gas, including the
    39  right of customers to purchase liquefied petroleum  gas  from  temporary
    40  suppliers  pursuant  to  subdivision six-a of this section. Such bill of
    41  rights shall be provided by every regular supplier of liquefied petrole-
    42  um gas to the consumer when a contract is executed,  and  then  annually
    43  while  a  contract  remains in effect and the department shall post such
    44  bill of rights on its website.
    45    § 2. The commissioner of agriculture and markets shall  develop  regu-
    46  lations consistent with subdivisions six-a and six-b of section 192-e of
    47  the  agriculture  and markets law for the implementation thereof includ-
    48  ing, but not limited to, the  responsibilities  of  temporary  emergency
    49  suppliers  and  regular  suppliers  for the safe inspection, testing and
    50  filling of liquefied petroleum gas tanks, and any devices and  pipelines
    51  operated  in  connection  with such tanks, pursuant to such subdivisions
    52  and the need for  appropriate  liability  insurance  coverage  for  such
    53  suppliers.
    54    § 3. This act shall take effect on the one hundred twentieth day after
    55  it  shall  have  become  a law; provided, however that the provisions of
    56  this act shall take effect immediately upon the occurrence of a qualify-

        S. 6111--A                          3

     1  ing emergency for any customer residing within the geographic limits  of
     2  such qualifying emergency as declared by federal, state or local author-
     3  ities  or as otherwise determined by federal or state authorities or the
     4  commissioner;  and  provided  that  the  commissioner of agriculture and
     5  markets shall notify the legislative bill drafting commission  upon  the
     6  occurrence  of  a  qualifying  emergency,  if  such qualifying emergency
     7  occurs within the first 120 days after this act shall have become a law,
     8  in order that the commission may maintain an accurate and timely  effec-
     9  tive data base of the official text of the laws of the state of New York
    10  in  furtherance  of  effectuating  the  provisions  of section 44 of the
    11  legislative law and section 70-b of the public officers  law.  Effective
    12  immediately  the  addition, amendment and/or repeal of any rule or regu-
    13  lation necessary for the implementation of this  act  on  its  effective
    14  date are authorized to be made and completed on or before such date.
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