Bill Text: NY S07395 | 2017-2018 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

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--B
                    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
        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  the  entity  has  appropriate  liability insurance equal to or
     9  greater than one million dollars, and such cylinder, container or recep-
    10  tacle and devices and associated pipelines operating off of such  cylin-
    11  der,  container,  or  receptacle  has  been  inspected  and certified as
    12  required by law or regulation by the succeeding entity and the  succeed-
    13  ing  entity  assumes all liability that may result from improper filling
    14  and testing of the facility, when:
    15    (i) a residential heating or electric generator consumer has acted  in
    16  good  faith  under an existing contract to procure delivery of liquefied
    17  petroleum gas from the owner of  a  liquefied  petroleum  gas  cylinder,
    18  container  or  receptacle,  but has not received liquefied petroleum gas
    19  within twenty-four hours of an initial request; and
    20    (ii) a federal, state or local state of emergency has  been  declared;
    21  or
    22    (iii)  severe weather or any other similar circumstances may result in
    23  individuals being placed in imminent danger of death or injury or build-
    24  ing structures and/or its fixtures at risk of significant damage; or
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14153-11-8
        S. 7395--B                          2
     1    (iv) exigent circumstances exist when the Federal Motor Carrier Admin-
     2  istration  has  granted  a  waiver  in  accordance  with  49  CFR   Sec.
     3  390.23(a)(1)  from  Parts  390  through 399 of the Federal Motor Carrier
     4  Safety Regulations, which includes New York state,  from  the  hours  of
     5  service limitation rule as it affects propane deliveries; or
     6    (v)  The  New  York state department of transportation, pursuant to 17
     7  NYCRR 820.6, issues a statewide or regional hours of service  limitation
     8  waiver.
     9    (b)  An  owner  who  authorizes a person to fill or refill a container
    10  pursuant to this subdivision is not liable for any injury or damage that
    11  results from an action of that person while that person  is  filling  or
    12  refilling  that  container  pursuant  to  this subdivision. A person who
    13  fills or refills a container pursuant to this subdivision is not  liable
    14  for any injury or damage that results from the condition of the contain-
    15  er.
    16    (c)  Any  person,  firm,  limited liability company or corporation who
    17  fills, refills or otherwise delivers liquefied  petroleum  gas  or  owns
    18  such  a gas cylinder, container or receptacle is not permitted to charge
    19  any penalty or fee in addition to any  standard  filling,  refilling  or
    20  delivery  fee pursuant to this subdivision, excluding existing emergency
    21  fees.
    22    (d) Any person, firm, limited liability  company  or  corporation  who
    23  fills,  refills or otherwise delivers liquefied petroleum gas under this
    24  subdivision must notify the tank owner of the name and  address  of  the
    25  residential customer, the date and quantity delivered, the pressure test
    26  readings and any changes made to the system within forty-eight hours.
    27    (e)  Nothing in this subdivision shall be deemed to restrict the owner
    28  of a liquefied petroleum gas  cylinder,  container  or  receptacle  from
    29  procuring liquefied petroleum gas from any seller.
    30    (f)  Under  any  other  conditions not listed in this subdivision, any
    31  existing contract between the  owner  of  the  liquefied  petroleum  gas
    32  cylinder,  container or receptacle and the customer remains in force and
    33  full effect until the end date of the contract or until it is terminated
    34  under options available to either party.
    35    § 2. This act shall take effect immediately.