Bill Text: NY S07986 | 2017-2018 | General Assembly | Introduced


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: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2018-03-16 - REFERRED TO AGRICULTURE [S07986 Detail]

Download: New_York-2017-S07986-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          7986
                    IN SENATE
                                     March 16, 2018
                                       ___________
        Introduced  by  Sen. TEDISCO -- read twice and ordered printed, and when
          printed to be committed to the Committee on Agriculture
        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, such cylinder, container or receptacle and devices and associ-
     9  ated pipelines operating off of such cylinder, container, or  receptacle
    10  has been inspected and certified as required by law or regulation, when:
    11    (i)  a  consumer has acted in good faith under an existing contract to
    12  procure delivery of liquefied petroleum gas from the owner of  a  lique-
    13  fied  petroleum  gas  cylinder,  container  or  receptacle,  but has not
    14  received liquefied petroleum gas in a reasonable time; and
    15    (ii) a federal, state or local state of emergency has  been  declared;
    16  or
    17    (iii)  severe weather or any other similar circumstances may result in
    18  individuals being placed in imminent danger of death or injury or build-
    19  ing structures and/or its fixtures at risk of significant damage.
    20    (b) Any person, firm, limited liability  company  or  corporation  who
    21  fills,  refills  or  otherwise  delivers liquefied petroleum gas or owns
    22  such a gas cylinder, container or receptacle is not permitted to  charge
    23  any  penalty  or  fee  in addition to any standard filling, refilling or
    24  delivery fee pursuant to this subdivision.
    25    (c) Nothing in this subdivision shall be deemed to restrict the  owner
    26  of  a  liquefied  petroleum  gas  cylinder, container or receptacle from
    27  procuring liquefied petroleum gas from any seller.
    28    § 2. This act shall take effect immediately.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14153-07-8
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