Bill Text: NY S07395 | 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: Bipartisan Bill

Status: (Engrossed - Dead) 2018-06-13 - referred to agriculture [S07395 Detail]

Download: New_York-2017-S07395-Amended.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                         7395--D
                    IN SENATE
                                    January 12, 2018
                                       ___________
        Introduced  by Sens. TEDISCO, VALESKY -- read twice and ordered printed,
          and when printed to be committed to the Committee  on  Agriculture  --
          committee  discharged,  bill amended, ordered reprinted as amended and
          recommitted to said committee -- committee discharged,  bill  amended,
          ordered  reprinted  as  amended  and  recommitted to said committee --
          committee discharged, bill amended, ordered reprinted as  amended  and
          recommitted  to  said committee -- 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. This act shall be known and may be cited  as  the  "propane
     2  consumer emergency act".
     3    §  2.  Section  192-e of the agriculture and markets law is amended by
     4  adding a new subdivision 6-a to read as follows:
     5    6-a. (a) Notwithstanding any other law,  rule  or  regulation  to  the
     6  contrary,  a  person, firm, limited liability company or corporation who
     7  is not the owner of a liquefied petroleum  gas  cylinder,  container  or
     8  receptacle may fill, refill or otherwise deliver liquefied petroleum gas
     9  into  such  liquefied  petroleum  gas cylinder, container or receptacle,
    10  provided the entity has appropriate  liability  insurance  equal  to  or
    11  greater than one million dollars, and such cylinder, container or recep-
    12  tacle  and devices and associated pipelines operating off of such cylin-
    13  der, container, or  receptacle  has  been  inspected  and  certified  as
    14  required  by law or regulation by the succeeding entity and the succeed-
    15  ing entity assumes all liability that may result from  improper  filling
    16  and testing of the facility, when:
    17    (i)  a residential heating or electric generator consumer has acted in
    18  good faith under an existing contract to procure delivery  of  liquefied
    19  petroleum  gas  from  the  owner  of a liquefied petroleum gas cylinder,
    20  container or receptacle, but has not received  liquefied  petroleum  gas
    21  within twenty-four hours of an initial request; and
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14153-19-8

        S. 7395--D                          2
     1    (ii)  a  federal, state or local state of emergency has been declared;
     2  or
     3    (iii)  severe weather or any other similar circumstances may result in
     4  individuals being placed in imminent danger of death or injury or build-
     5  ing structures and/or its fixtures at risk of significant damage; or
     6    (iv) exigent circumstances exist when the Federal Motor Carrier Admin-
     7  istration  has  granted  a  waiver  in  accordance  with  49  CFR   Sec.
     8  390.23(a)(1)  from  Parts  390  through 399 of the Federal Motor Carrier
     9  Safety Regulations, which includes New York state,  from  the  hours  of
    10  service limitation rule as it affects propane deliveries; or
    11    (v)  The  New  York state department of transportation, pursuant to 17
    12  NYCRR 820.6, issues a statewide or regional hours of service  limitation
    13  waiver for propane.
    14    (b)  An  owner  who  authorizes a person to fill or refill a container
    15  pursuant to this subdivision is not liable for any injury or damage that
    16  results from an action of that person while that person  is  filling  or
    17  refilling that container pursuant to this subdivision.
    18    (c)  Any  person,  firm,  limited liability company or corporation who
    19  fills, refills or otherwise delivers liquefied  petroleum  gas  or  owns
    20  such  a gas cylinder, container or receptacle is not permitted to charge
    21  any penalty or fee in addition to any  standard  filling,  refilling  or
    22  delivery  fee pursuant to this subdivision, excluding existing emergency
    23  fees.
    24    (d) Any person, firm, limited liability  company  or  corporation  who
    25  fills,  refills or otherwise delivers liquefied petroleum gas under this
    26  subdivision must notify the tank owner of the name and  address  of  the
    27  residential customer, the date and quantity delivered, the pressure test
    28  readings and any changes made to the system within forty-eight hours.
    29    (e)  Nothing in this subdivision shall be deemed to restrict the owner
    30  of a liquefied petroleum gas  cylinder,  container  or  receptacle  from
    31  procuring liquefied petroleum gas from any seller.
    32    (f) Any existing contract between the owner of the liquefied petroleum
    33  gas  cylinder, container or receptacle and the customer remains in force
    34  and effect until the end date of the contract or until it is  terminated
    35  under  options  available to either party and under any other conditions
    36  not listed in this subdivision. In all circumstances  other  than  those
    37  heretofore described, it is not permissible for any person, firm, limit-
    38  ed  liability  company  or  corporation  to remove or fill any liquefied
    39  petroleum from a liquefied petroleum gas cylinder, container or recepta-
    40  cle without the consent of the owner of  such  liquefied  petroleum  gas
    41  cylinder, container or receptacle.
    42    § 3. This act shall take effect immediately.
feedback