Bill Text: NY S08426 | 2021-2022 | General Assembly | Introduced

Bill Title: Authorizes the delivery of liquefied petroleum gas in times of emergency.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2022-06-02 - SUBSTITUTED BY A1451A [S08426 Detail]

Download: New_York-2021-S08426-Introduced.html

                STATE OF NEW YORK


                    IN SENATE

                                    February 28, 2022

        Introduced  by  Sen. SKOUFIS -- 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 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
    23    (iv) "temporary emergency supplier" shall mean a person, firm, limited
    24  liability company or corporation that fills, refills or otherwise deliv-
    25  ers liquefied petroleum gas into a liquefied petroleum gas tank it  does
    26  not  own,  where  such tank is subject to an existing contract between a
    27  regular supplier and their customer.

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

        S. 8426                             2

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

        S. 8426                             3

     1  occurrence  of  a  qualifying  emergency,  if  such qualifying emergency
     2  occurs within the first 120 days after this act shall have become a law,
     3  in order that the commission may maintain an accurate and timely  effec-
     4  tive data base of the official text of the laws of the state of New York
     5  in  furtherance  of  effectuating  the  provisions  of section 44 of the
     6  legislative law and section 70-b of the public officers  law.  Effective
     7  immediately  the  addition, amendment and/or repeal of any rule or regu-
     8  lation necessary for the implementation of this  act  on  its  effective
     9  date are authorized to be made and completed on or before such date.