NY State Senate Bill 2017-S7395D

Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 13, 2018	referred to agriculture delivered to assembly passed senate ordered to third reading cal.1765
Jun 07, 2018	reported and committed to rules
May 01, 2018	reported and committed to energy and telecommunications
Mar 16, 2018	print number 7395d
Mar 16, 2018	amend and recommit to agriculture
Feb 26, 2018	print number 7395c
Feb 26, 2018	amend and recommit to agriculture
Feb 15, 2018	print number 7395b
Feb 15, 2018	amend and recommit to agriculture
Jan 16, 2018	print number 7395a
Jan 16, 2018	amend and recommit to agriculture
Jan 12, 2018	referred to agriculture

Votes

- Jun 13, 2018 - Floor Vote
  S7395D
  
  60
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  3
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 13, 2018
      
      aye (60)
      
      Addabbo Jr.
      
      Akshar
      
      Alcantara
      
      Avella
      
      Bailey
      
      Benjamin
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      DeFrancisco
      
      Dilan
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Helming
      
      Hoylman-Sigal
      
      Jacobs
      
      Kaminsky
      
      Kavanagh
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Marchione
      
      Mayer
      
      Montgomery
      
      Murphy
      
      O'Mara
      
      Ortt
      
      Parker
      
      Peralta
      
      Persaud
      
      Phillips
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Valesky
      
      Young
      
      excused (3)
      
      Amedore
      
      Croci
      
      Sepúlveda
  Jun 13, 2018 - Rules Committee Vote
  S7395D
  
  24
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 13, 2018
      
      aye (24)
      
      Bonacic
      
      Breslin
      
      DeFrancisco
      
      Dilan
      
      Flanagan
      
      Griffo
      
      Hannon
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Montgomery
      
      Parker
      
      Ranzenhofer
      
      Rivera
      
      Robach
      
      Savino
      
      Seward
      
      Stewart-Cousins
      
      Valesky
      
      aye wr (1)
      
      Gianaris
  Jun 6, 2018 - Energy And Telecommunications Committee Vote
  S7395D
  
  10
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Energy And Telecommunications Committee Vote: Jun 6, 2018
      
      aye (10)
      
      Comrie
      
      Dilan
      
      Griffo
      
      Kennedy
      
      Little
      
      O'Mara
      
      Ortt
      
      Parker
      
      Peralta
      
      Ritchie
      
      excused (1)
      
      Croci
  May 1, 2018 - Agriculture Committee Vote
  S7395D
  
  9
  
  Aye
  
  0
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Agriculture Committee Vote: May 1, 2018
      
      aye (9)
      
      Brooks
      
      Comrie
      
      Funke
      
      Montgomery
      
      O'Mara
      
      Ranzenhofer
      
      Ritchie
      
      Serrano
      
      Valesky
      
      aye wr (2)
      
      Gallivan
      
      Seward

Bill Amendments

Original

D (Active)

2017-S7395 - Details

Current Committee:: Assembly Agriculture
Law Section:: Agriculture and Markets Law
Laws Affected:: Amd §192-e, Ag & Mkts L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S1495
2021-2022: S1539, S8426

2017-S7395 - Summary

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.

2017-S7395 - Sponsor Memo

                                
 
BILL NUMBER: S7395

SPONSOR: TEDISCO
 
TITLE OF BILL:

An act to amend the agriculture and markets law, in relation to author-
izing the delivery of liquefied petroleum gas in times of emergency

 
PURPOSE:

To allow homeowners leasing LPG cylinders, containers to choose from
multiple suppliers for emergency deliveries during times of urgent need
and periods of high demand.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1: Notwithstanding any other law, rule or regulation to the
contrary, a person, firm, limited liability company or corporation who
is not the owner of a liquefied petroleum gas cylinder, container or
receptacle may fill, refill or otherwise deliver liquefied petroleum gas
into such liquefied petroleum gas cylinder, container or receptacle,

provided, such cylinder, container or receptacle and devices and associ-
ated pipelines operating off of such cylinder, container or receptacle
has been inspected and certified as required by law or regulation, when:

a. a federal, state or local state of emergency has been declared; or

b. extreme temperatures or other natural or man-made occurrence places
individuals in imminent danger of death or injury due to exposure to
such extreme temperatures or occurrence without the delivery of such
liquefied petroleum gas.

Any person, firm, limited, liability company or corporation who fills,
refills, or otherwise delivers liquefied petroleum gas pursuant to this
subdivision shall not charge any emergency filling, refilling or deliv-
ery fees in addition to any standard filling, refilling or delivery fee

Section 2: Effective Date.

 
JUSTIFICATION:

As in most cases, propane gas companies own all equipment, including the
tanks and regulators, and simply leases to the homeowners as a cost
savings, but as a result, they are the only supplier permitted to deliv-
er to the tanks. Customers that own their tanks are able to choose from
multiple suppliers and can change as frequently as for each delivery.
This also allows them to also get better costs.  Unfortunately, during
storms or other catastrophic events, homeowners are at the mercy of
their propane providers'. schedule for refills.  Many propane companies
do not always work during these times and have to decide whether to
place their residential customers' needs before their commercial custom-
ers.

This new legislation will allow homeowners leasing tanks to choose from
multiple suppliers for emergency deliveries during these times of urgent
need and periods of high demand that can result in imminent danger of
death or injury due to exposure to such extreme temperatures or occur-
rence without the delivery of such liquefied petroleum gas.

The bill only requires the use of a licensed liquefied petroleum gas
(LPG) provider and supplier, and an LPG container with all required
inspections and certifications complete and up to date. According to
state law, an LPG tank must be inspected 12 years after it is manufac-
tured and then every 5 years after that.

 
PRIOR LEGISLATIVE HISTORY:

New Legislation

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2017-S7395 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7395
 
                             I N  S E N A T E
 
                             January 12, 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:

   Section 1. Section 192-e of the agriculture and markets law is amended
 by adding a new subdivision 6-a to read as follows:
   6-A. NOTWITHSTANDING ANY OTHER LAW, RULE OR REGULATION TO THE  CONTRA-
 RY,  A PERSON, FIRM, LIMITED LIABILITY COMPANY OR CORPORATION WHO IS NOT
 THE OWNER OF A LIQUEFIED PETROLEUM GAS CYLINDER, CONTAINER OR RECEPTACLE
 MAY FILL, REFILL OR OTHERWISE DELIVER LIQUEFIED PETROLEUM GAS INTO  SUCH
 LIQUEFIED  PETROLEUM  GAS  CYLINDER,  CONTAINER OR RECEPTACLE, PROVIDED,
 SUCH CYLINDER, CONTAINER OR RECEPTACLE AND DEVICES AND ASSOCIATED  PIPE-
 LINES  OPERATING OFF OF SUCH CYLINDER, CONTAINER, OR RECEPTACLE HAS BEEN
 INSPECTED AND CERTIFIED AS REQUIRED BY LAW OR REGULATION, WHEN:
   A. A FEDERAL, STATE OR LOCAL STATE OF EMERGENCY HAS BEEN DECLARED; OR
   B. EXTREME TEMPERATURES OR OTHER NATURAL OR MAN-MADE OCCURRENCE PLACES
 INDIVIDUALS IN IMMINENT DANGER OF DEATH OR INJURY  DUE  TO  EXPOSURE  TO
 SUCH  EXTREME  TEMPERATURES  OR  OCCURRENCE WITHOUT THE DELIVERY OF SUCH
 LIQUEFIED PETROLEUM GAS.
   ANY PERSON, FIRM, LIMITED LIABILITY COMPANY OR CORPORATION WHO  FILLS,
 REFILLS  OR  OTHERWISE DELIVERS LIQUEFIED PETROLEUM GAS PURSUANT TO THIS
 SUBDIVISION SHALL NOT CHARGE ANY EMERGENCY FILLING, REFILLING OR  DELIV-
 ERY FEES IN ADDITION TO ANY STANDARD FILLING, REFILLING OR DELIVERY FEE.
   § 2. This act shall take effect immediately.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14153-03-8

co-Sponsors

2017-S7395A - Details

Current Committee:: Assembly Agriculture
Law Section:: Agriculture and Markets Law
Laws Affected:: Amd §192-e, Ag & Mkts L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S1495
2021-2022: S1539, S8426

2017-S7395A - Summary

2017-S7395A - Sponsor Memo

                                
 
BILL NUMBER: S7395A

SPONSOR: TEDISCO
 
TITLE OF BILL:  An act to amend the agriculture and markets law, in
relation to authorizing the delivery of liquefied petroleum gas in times
of emergency

 
PURPOSE:

To allow homeowners leasing LPG cylinders, containers to choose from
multiple suppliers for emergency deliveries during times of urgent need
and periods of high demand.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1: Notwithstanding any other law, rule or regulation to the
contrary, a person, firm, limited liability company or corporation who
is not the owner of a liquefied petroleum gas cylinder, container or
receptacle may fill, refill or otherwise deliver liquefied petroleum gas
into such liquefied petroleum gas cylinder, container or receptacle,
provided, such cylinder, container or receptacle and devices and associ-

ated pipelines operating off of such cylinder, container or receptacle
has been inspected and certified as required by law or regulation, when:

a. a federal, state or local state of emergency has been declared; or

b. extreme temperatures or other natural or man-made occurrence places
individuals in imminent danger of death or injury due to exposure to
such extreme temperatures or occurrence without the delivery of such
liquefied petroleum gas.

Any person, firm, limited, liability company or corporation who fills,
refills, or otherwise delivers liquefied petroleum gas pursuant to this
subdivision shall not charge any emergency filling, refilling or deliv-
ery fees in addition to any standard filling, refilling or delivery fee

c. Nothing in this subdivision shall be deemed to restrict the owner of
a liquefied petroleum gas cylinder, container or receptacle from procur-
ing liquefied petroleum gas from any seller.

Section 2: Effective Date.

 
JUSTIFICATION:

As in most cases, propane gas companies own all equipment, including the
tanks and regulators, and simply leases to the homeowners as a cost
savings, but as a result, they are the only supplier permitted to deliv-
er to the tanks. Customers that own their tanks are able to choose from
multiple suppliers and can change as frequently as for each delivery.
This also allows them to also get better costs.  Unfortunately, during
storms or other catastrophic events, homeowners are at the mercy of
their propane providers' schedule for refills.  Many propane companies
do not always work during these times and have to decide whether to
place their residential customers' needs before their commercial custom-
ers.

This new legislation will allow homeowners leasing tanks to choose from
multiple suppliers for emergency deliveries during these times of urgent
need and periods of high demand that can result in imminent danger of
death or injury due to exposure to such extreme temperatures or occur-
rence without the delivery of such liquefied petroleum gas.

The bill only requires the use of a licensed liquefied petroleum gas
(LPG) provider and supplier, and an LPG container with all required
inspections and certifications complete and up to date. According to
state law, an LPG tank must be inspected 12 years after it is manufac-
tured and then every 5 years after that.

 
PRIOR LEGISLATIVE HISTORY:

New Legislation

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2017-S7395A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7395--A
 
                             I N  S E N A T E
 
                             January 12, 2018
                                ___________
 
 Introduced  by  Sen. TEDISCO -- 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
 
 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:
 
   Section 1. Section 192-e of the agriculture and markets law is amended
 by adding a new subdivision 6-a to read as follows:
   6-A.  (A)  NOTWITHSTANDING  ANY  OTHER  LAW, RULE OR REGULATION TO THE
 CONTRARY, A PERSON, FIRM, LIMITED LIABILITY COMPANY OR  CORPORATION  WHO
 IS  NOT  THE  OWNER  OF A LIQUEFIED PETROLEUM GAS CYLINDER, CONTAINER OR
 RECEPTACLE MAY FILL, REFILL OR OTHERWISE DELIVER LIQUEFIED PETROLEUM GAS
 INTO SUCH LIQUEFIED PETROLEUM GAS  CYLINDER,  CONTAINER  OR  RECEPTACLE,
 PROVIDED, SUCH CYLINDER, CONTAINER OR RECEPTACLE AND DEVICES AND ASSOCI-
 ATED  PIPELINES OPERATING OFF OF SUCH CYLINDER, CONTAINER, OR RECEPTACLE
 HAS BEEN INSPECTED AND CERTIFIED AS REQUIRED BY LAW OR REGULATION, WHEN:
   (I) A CONSUMER HAS ACTED IN GOOD FAITH UNDER AN EXISTING  CONTRACT  TO
 PROCURE  DELIVERY  OF LIQUEFIED PETROLEUM GAS FROM THE OWNER OF A LIQUE-
 FIED PETROLEUM GAS  CYLINDER,  CONTAINER  OR  RECEPTACLE,  BUT  HAS  NOT
 RECEIVED LIQUEFIED PETROLEUM GAS IN A REASONABLE TIME; AND
   (II)  A  FEDERAL, STATE OR LOCAL STATE OF EMERGENCY HAS BEEN DECLARED;
 OR
   (III) SEVERE WEATHER OR ANY OTHER SIMILAR CIRCUMSTANCES MAY RESULT  IN
 INDIVIDUALS BEING PLACED IN IMMINENT DANGER OF DEATH OR INJURY OR BUILD-
 ING STRUCTURES AND/OR ITS FIXTURES AT RISK OF SIGNIFICANT DAMAGE.
   (B)  ANY  PERSON,  FIRM,  LIMITED LIABILITY COMPANY OR CORPORATION WHO
 FILLS, REFILLS OR OTHERWISE DELIVERS LIQUEFIED  PETROLEUM  GAS  OR  OWNS
 SUCH  A GAS CYLINDER, CONTAINER OR RECEPTACLE IS NOT PERMITTED TO CHARGE
 ANY PENALTY OR FEE IN ADDITION TO ANY  STANDARD  FILLING,  REFILLING  OR
 DELIVERY FEE PURSUANT TO THIS SUBDIVISION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14153-10-8

 S. 7395--A                          2
 
   (C)  NOTHING IN THIS SUBDIVISION SHALL BE DEEMED TO RESTRICT THE OWNER
 OF A LIQUEFIED PETROLEUM GAS  CYLINDER,  CONTAINER  OR  RECEPTACLE  FROM
 PROCURING LIQUEFIED PETROLEUM GAS FROM ANY SELLER.
   § 2. This act shall take effect immediately.

co-Sponsors

2017-S7395B - Details

Current Committee:: Assembly Agriculture
Law Section:: Agriculture and Markets Law
Laws Affected:: Amd §192-e, Ag & Mkts L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S1495
2021-2022: S1539, S8426

2017-S7395B - Summary

2017-S7395B - Sponsor Memo

                                
 
BILL NUMBER: S7395B

SPONSOR: TEDISCO
 
TITLE OF BILL:  An act to amend the agriculture and markets law, in
relation to authorizing the delivery of liquefied petroleum gas in times
of emergency

 
PURPOSE:

To allow homeowners leasing LPG cylinders, containers to choose from
multiple suppliers for emergency deliveries during times of urgent need
and periods of high demand.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1: (a)Notwithstanding any other law, rule or regulation to the
contrary, a person, firm, limited liability company or corporation who
is not the owner of a liquefied petroleum gas cylinder, container or
receptacle may fill, refill or otherwise deliver liquefied petroleum gas
into such liquefied petroleum gas cylinder, container or receptacle,
provided the entity has appropriate liability insurance equal to or

greater than $1,000,000.00, and such cylinder, container or receptacle
and devices and associated pipelines operating off of such cylinder,
container, or receptacle has been inspected and certified as required by
law or regulation by the succeeding entity and the succeeding entity
assumes all liability that may result from improper filling and testing
of the facility, when:

-a residential heating or electric generator consumer has acted in good
faith under an existing contract to procure delivery of liquefied petro-
leum gas from the owner of a liquefied petroleum gas cylinder, container
or receptacle, but has not received liquefied petroleum gas in a reason-
able time within 24 hours of an initial request; and

-a federal, state or local state of emergency has been declared or
-severe weather or any other similar circumstances may result in indi-
viduals being placed in imminent danger of death or injury or building
structures and/or its fixtures at risk of significant damage.

-Exigent circumstances exist when the Federal Motor Carrier Adminis-
tration has granted a waiver in accordance with 49 CFR Sec.  390.23(a)
(1) from Parts 390 through 399 of the Federal Motor Carrier Safety Regu-
lations, which includes NYS, from the Hours of Service Limitation rule
as it affects propane deliveries.

-The New York State Department of Transportation, pursuant to 17 NYCRR
820.6, issues a statewide or regional Hours of Service Limitation waiv-
er.

(b) An owner that authorizes a person to fill or refill a container
pursuant to this subsection is not liable for any injury or damage that
results from an action of that person while that person is filling or
refilling that container pursuant to this subsection. A person who fills
or refills a container pursuant to this subsection is not liable for any
injury or damage that results from the condition of the container.

(c) Any person, firm, limited liability company or corporation who
fills, refills or otherwise delivers liquefied petroleum gas or owns
such a gas cylinder, container or receptacle is not permitted to charge
any penalty or fee in addition to any standard filling, refilling or
delivery fee pursuant to this subdivision excluding existing emergency
fees.

Under any other conditions not listed in this subdivision; any existing
contract between the owner of the liquefied petroleum gas cylinder,
container or receptacle and the customer remains in force and full
effect until the end date of the contract or until it is terminated
under options available to either party.

Section 2: Effective Date.

 
JUSTIFICATION:

As in most cases, propane gas companies own all equipment, including the
tanks and regulators, and simply leases to the homeowners as a cost
savings, but as a result, they are the only supplier permitted to deliv-
er to the tanks. Customers that own their tanks are able to choose from
multiple suppliers and can change as frequently as for each delivery.

This also allows them to also get better costs. Unfortunately, during
storms or other catastrophic events, homeowners are at the mercy of
their propane providers' schedule for refills. Many propane companies do
not always work during these times and have to decide whether to place
their residential customers' needs before their commercial customers.

This new legislation will allow homeowners leasing tanks to choose from
multiple suppliers for emergency deliveries during these times of urgent
need and exigent circumstances that can result in imminent danger of
death or injury due to exposure to such extreme temperatures or occur-
rence without the delivery of such liquefied petroleum gas.

The bill only requires the use of a licensed liquefied petroleum
gas(LPG) provider and supplier, and an LPG container with all required
inspections and certifications complete and up to date.  According to
state law, an LPG tank must be inspected 12 years after it is manufac-
tured and then every 5 years after that.

Additionally, it requires the succeeding company to carry appropriate
liability insurance equal to or greater than $1,000,000.00, along with
addressing other limited liabilities on the part of the tank owner if
the succeeding entity does not comply with proper safety procedures
during the refilling of emptying of a tank.

It is also understood that that the existing contract between the
provider and consumer remains in full force absent these extenuating
circumstances.

 
PRIOR LEGISLATIVE HISTORY:

New Legislation

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2017-S7395B - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7395--B
 
                             I N  S E N A T E
 
                             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:
 
   Section 1. Section 192-e of the agriculture and markets law is amended
 by adding a new subdivision 6-a to read as follows:
   6-A.  (A)  NOTWITHSTANDING  ANY  OTHER  LAW, RULE OR REGULATION TO THE
 CONTRARY, A PERSON, FIRM, LIMITED LIABILITY COMPANY OR  CORPORATION  WHO
 IS  NOT  THE  OWNER  OF A LIQUEFIED PETROLEUM GAS CYLINDER, CONTAINER OR
 RECEPTACLE MAY FILL, REFILL OR OTHERWISE DELIVER LIQUEFIED PETROLEUM GAS
 INTO SUCH LIQUEFIED PETROLEUM GAS  CYLINDER,  CONTAINER  OR  RECEPTACLE,
 PROVIDED  THE  ENTITY  HAS  APPROPRIATE  LIABILITY INSURANCE EQUAL TO OR
 GREATER THAN ONE MILLION DOLLARS, AND SUCH CYLINDER, CONTAINER OR RECEP-
 TACLE AND DEVICES AND ASSOCIATED PIPELINES OPERATING OFF OF SUCH  CYLIN-
 DER,  CONTAINER,  OR  RECEPTACLE  HAS  BEEN  INSPECTED  AND CERTIFIED AS
 REQUIRED BY LAW OR REGULATION BY THE SUCCEEDING ENTITY AND THE  SUCCEED-
 ING  ENTITY  ASSUMES ALL LIABILITY THAT MAY RESULT FROM IMPROPER FILLING
 AND TESTING OF THE FACILITY, WHEN:
   (I) A RESIDENTIAL HEATING OR ELECTRIC GENERATOR CONSUMER HAS ACTED  IN
 GOOD  FAITH  UNDER AN EXISTING CONTRACT TO PROCURE DELIVERY OF LIQUEFIED
 PETROLEUM GAS FROM THE OWNER OF  A  LIQUEFIED  PETROLEUM  GAS  CYLINDER,
 CONTAINER  OR  RECEPTACLE,  BUT HAS NOT RECEIVED LIQUEFIED PETROLEUM GAS
 WITHIN TWENTY-FOUR HOURS OF AN INITIAL REQUEST; AND
   (II) A FEDERAL, STATE OR LOCAL STATE OF EMERGENCY HAS  BEEN  DECLARED;
 OR
   (III)  SEVERE WEATHER OR ANY OTHER SIMILAR CIRCUMSTANCES MAY RESULT IN
 INDIVIDUALS BEING PLACED IN IMMINENT DANGER OF DEATH OR INJURY OR BUILD-
 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

   (IV) EXIGENT CIRCUMSTANCES EXIST WHEN THE FEDERAL MOTOR CARRIER ADMIN-
 ISTRATION  HAS  GRANTED  A  WAIVER  IN  ACCORDANCE  WITH  49  CFR   SEC.
 390.23(A)(1)  FROM  PARTS  390  THROUGH 399 OF THE FEDERAL MOTOR CARRIER
 SAFETY REGULATIONS, WHICH INCLUDES NEW YORK STATE,  FROM  THE  HOURS  OF
 SERVICE LIMITATION RULE AS IT AFFECTS PROPANE DELIVERIES; OR
   (V)  THE  NEW  YORK STATE DEPARTMENT OF TRANSPORTATION, PURSUANT TO 17
 NYCRR 820.6, ISSUES A STATEWIDE OR REGIONAL HOURS OF SERVICE  LIMITATION
 WAIVER.
   (B)  AN  OWNER  WHO  AUTHORIZES A PERSON TO FILL OR REFILL A CONTAINER
 PURSUANT TO THIS SUBDIVISION IS NOT LIABLE FOR ANY INJURY OR DAMAGE THAT
 RESULTS FROM AN ACTION OF THAT PERSON WHILE THAT PERSON  IS  FILLING  OR
 REFILLING  THAT  CONTAINER  PURSUANT  TO  THIS SUBDIVISION. A PERSON WHO
 FILLS OR REFILLS A CONTAINER PURSUANT TO THIS SUBDIVISION IS NOT  LIABLE
 FOR ANY INJURY OR DAMAGE THAT RESULTS FROM THE CONDITION OF THE CONTAIN-
 ER.
   (C)  ANY  PERSON,  FIRM,  LIMITED LIABILITY COMPANY OR CORPORATION WHO
 FILLS, REFILLS OR OTHERWISE DELIVERS LIQUEFIED  PETROLEUM  GAS  OR  OWNS
 SUCH  A GAS CYLINDER, CONTAINER OR RECEPTACLE IS NOT PERMITTED TO CHARGE
 ANY PENALTY OR FEE IN ADDITION TO ANY  STANDARD  FILLING,  REFILLING  OR
 DELIVERY  FEE PURSUANT TO THIS SUBDIVISION, EXCLUDING EXISTING EMERGENCY
 FEES.
   (D) ANY PERSON, FIRM, LIMITED LIABILITY  COMPANY  OR  CORPORATION  WHO
 FILLS,  REFILLS OR OTHERWISE DELIVERS LIQUEFIED PETROLEUM GAS UNDER THIS
 SUBDIVISION MUST NOTIFY THE TANK OWNER OF THE NAME AND  ADDRESS  OF  THE
 RESIDENTIAL CUSTOMER, THE DATE AND QUANTITY DELIVERED, THE PRESSURE TEST
 READINGS AND ANY CHANGES MADE TO THE SYSTEM WITHIN FORTY-EIGHT HOURS.
   (E)  NOTHING IN THIS SUBDIVISION SHALL BE DEEMED TO RESTRICT THE OWNER
 OF A LIQUEFIED PETROLEUM GAS  CYLINDER,  CONTAINER  OR  RECEPTACLE  FROM
 PROCURING LIQUEFIED PETROLEUM GAS FROM ANY SELLER.
   (F)  UNDER  ANY  OTHER  CONDITIONS NOT LISTED IN THIS SUBDIVISION, ANY
 EXISTING CONTRACT BETWEEN THE  OWNER  OF  THE  LIQUEFIED  PETROLEUM  GAS
 CYLINDER,  CONTAINER OR RECEPTACLE AND THE CUSTOMER REMAINS IN FORCE AND
 FULL EFFECT UNTIL THE END DATE OF THE CONTRACT OR UNTIL IT IS TERMINATED
 UNDER OPTIONS AVAILABLE TO EITHER PARTY.
   § 2. This act shall take effect immediately.

co-Sponsors

2017-S7395C - Details

Current Committee:: Assembly Agriculture
Law Section:: Agriculture and Markets Law
Laws Affected:: Amd §192-e, Ag & Mkts L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S1495
2021-2022: S1539, S8426

2017-S7395C - Summary

2017-S7395C - Sponsor Memo

                                
 
BILL NUMBER: S7395C

SPONSOR: TEDISCO
 
TITLE OF BILL:

An act to amend the agriculture and markets law, in relation to author-
izing the delivery of liquefied petroleum gas in times of emergency

 
PURPOSE:

To allow homeowners leasing LPG cylinders, containers to choose from
multiple suppliers for emergency deliveries during times of urgent need
and periods of high demand.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1: (a)Notwithstanding any other law, rule or regulation to the
contrary, a person, firm, limited liability company or corporation who
is not the owner of a liquefied petroleum gas cylinder, container or
receptacle may fill, refill or otherwise deliver liquefied petroleum gas
into such liquefied petroleum gas cylinder, container or receptacle,

provided the entity has appropriate liability insurance equal to or
greater than $1,000,000.00, and such cylinder, container or receptacle
and devices and associated pipelines operating off of such cylinder,
container, or receptacle has been inspected and certified as required by
law or regulation by the succeeding entity and the succeeding entity
assumes all liability that may result from improper filling and testing
of the facility, when:

-a residential heating or electric generator consumer has acted in good
faith under an existing contract to procure delivery of liquefied petro-
leum gas from the owner of a liquefied petroleum gas cylinder, container
or receptacle, but has not received liquefied petroleum gas in a reason-
able time within 24 hours of an initial request; and

-a federal, state or local state of emergency has been declared or

-severe weather or any other similar circumstances may result in indi-
viduals being placed in imminent danger of death or injury or building
structures and/or its fixtures at risk of significant damage.

-Exigent circumstances exist when the Federal Motor Carrier Adminis-
tration has granted a waiver in accordance with 49 CFR Sec.  390.23(a)
(1) from Parts 390 through 399 of the Federal Motor Carrier Safety Regu-
lations, which includes NYS, from the Hours of Service Limitation rule
as it affects propane deliveries.

-The New York State Department of Transportation, pursuant to 17 NYCRR
820.6, issues a statewide or regional Hours of Service Limitation waiver
for propane.

(b) An owner that authorizes a person to fill or refill a container
pursuant to this subsection is not liable for any injury or damage that
results from an action of that person while that person is filling or
refilling that container pursuant to this subsection.

(c) Any person, firm, limited liability company or corporation who
fills, refills or otherwise delivers liquefied petroleum gas or owns
such a gas cylinder, container or receptacle is not permitted to charge
any penalty or fee in addition to any standard filling, refilling or
delivery fee pursuant to this subdivision excluding existing emergency
fees.

Under any other conditions not listed in this subdivision; any existing
contract between the owner of the liquefied petroleum gas cylinder,
container or receptacle and the customer remains in force and full
effect until the end date of the contract or until it is terminated
under options available to either party and that it is not permissible
for any entity to empty or fill a receptacle of a tank without the
owner's consent.

Section 2: Effective Date.

 
JUSTIFICATION:

As in most cases, propane gas companies own all equipment, including the
tanks and regulators, and simply leases to the homeowners as a cost
savings, but as a result, they are the only supplier permitted to deliv-
er to the tanks. Customers that own their tanks are able to choose from
multiple suppliers and can change as frequently as for each delivery.

This also allows them to also get better costs. Unfortunately, during
storms or other catastrophic events, homeowners are at the mercy of
their propane providers' schedule for refills. Many propane companies do
not always work during these times and have to decide whether to place
their residential customers' needs before their commercial customers.

This new legislation will allow homeowners leasing tanks to choose from
multiple suppliers for emergency deliveries during these times of urgent
need and exigent circumstances that can result in imminent danger of
death or injury due to exposure to such extreme temperatures or occur-
rence without the delivery of such liquefied petroleum gas.

The bill only requires the use of a licensed liquefied petroleum
gas(LPG) provider and supplier, and an LPG container with all required
inspections and certifications complete and up to date.  According to
state law, an LPG tank must be inspected 12 years after it is manufac-
tured and then every 5 years after that.

Additionally, it requires the succeeding company to carry appropriate
liability insurance equal to or greater than $1,000,000.00, along with
addressing other limited liabilities on the part of the tank owner if
the succeeding entity does not comply with proper safety procedures
during the refilling of emptying of a tank.

It is also understood that that the existing contract between the
provider and consumer remains in full force, and that it is not permis-
sible for any entity to empty or fill a receptacle of a tank without the
owner's consent absent these extenuating circumstances .

 
PRIOR LEGISLATIVE HISTORY:

New Legislation

 
FISCAL IMPLICATIONS:

None.
 
EFFECTIVE DATE:
This act shall take effect immediately.

2017-S7395C - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7395--C
 
                             I N  S E N A T E
 
                             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
 
 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:
 
   Section 1. Section 192-e of the agriculture and markets law is amended
 by adding a new subdivision 6-a to read as follows:
   6-A.  (A)  NOTWITHSTANDING  ANY  OTHER  LAW, RULE OR REGULATION TO THE
 CONTRARY, A PERSON, FIRM, LIMITED LIABILITY COMPANY OR  CORPORATION  WHO
 IS  NOT  THE  OWNER  OF A LIQUEFIED PETROLEUM GAS CYLINDER, CONTAINER OR
 RECEPTACLE MAY FILL, REFILL OR OTHERWISE DELIVER LIQUEFIED PETROLEUM GAS
 INTO SUCH LIQUEFIED PETROLEUM GAS  CYLINDER,  CONTAINER  OR  RECEPTACLE,
 PROVIDED  THE  ENTITY  HAS  APPROPRIATE  LIABILITY INSURANCE EQUAL TO OR
 GREATER THAN ONE MILLION DOLLARS, AND SUCH CYLINDER, CONTAINER OR RECEP-
 TACLE AND DEVICES AND ASSOCIATED PIPELINES OPERATING OFF OF SUCH  CYLIN-
 DER,  CONTAINER,  OR  RECEPTACLE  HAS  BEEN  INSPECTED  AND CERTIFIED AS
 REQUIRED BY LAW OR REGULATION BY THE SUCCEEDING ENTITY AND THE  SUCCEED-
 ING  ENTITY  ASSUMES ALL LIABILITY THAT MAY RESULT FROM IMPROPER FILLING
 AND TESTING OF THE FACILITY, WHEN:
   (I) A RESIDENTIAL HEATING OR ELECTRIC GENERATOR CONSUMER HAS ACTED  IN
 GOOD  FAITH  UNDER AN EXISTING CONTRACT TO PROCURE DELIVERY OF LIQUEFIED
 PETROLEUM GAS FROM THE OWNER OF  A  LIQUEFIED  PETROLEUM  GAS  CYLINDER,
 CONTAINER  OR  RECEPTACLE,  BUT HAS NOT RECEIVED LIQUEFIED PETROLEUM GAS
 WITHIN TWENTY-FOUR HOURS OF AN INITIAL REQUEST; AND
   (II) A FEDERAL, STATE OR LOCAL STATE OF EMERGENCY HAS  BEEN  DECLARED;
 OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14153-15-8

 S. 7395--C                          2
 
   (III)  SEVERE WEATHER OR ANY OTHER SIMILAR CIRCUMSTANCES MAY RESULT IN
 INDIVIDUALS BEING PLACED IN IMMINENT DANGER OF DEATH OR INJURY OR BUILD-
 ING STRUCTURES AND/OR ITS FIXTURES AT RISK OF SIGNIFICANT DAMAGE; OR
   (IV) EXIGENT CIRCUMSTANCES EXIST WHEN THE FEDERAL MOTOR CARRIER ADMIN-
 ISTRATION   HAS  GRANTED  A  WAIVER  IN  ACCORDANCE  WITH  49  CFR  SEC.
 390.23(A)(1) FROM PARTS 390 THROUGH 399 OF  THE  FEDERAL  MOTOR  CARRIER
 SAFETY  REGULATIONS,  WHICH  INCLUDES  NEW YORK STATE, FROM THE HOURS OF
 SERVICE LIMITATION RULE AS IT AFFECTS PROPANE DELIVERIES; OR
   (V) THE NEW YORK STATE DEPARTMENT OF TRANSPORTATION,  PURSUANT  TO  17
 NYCRR  820.6, ISSUES A STATEWIDE OR REGIONAL HOURS OF SERVICE LIMITATION
 WAIVER FOR PROPANE.
   (B) AN OWNER WHO AUTHORIZES A PERSON TO FILL  OR  REFILL  A  CONTAINER
 PURSUANT TO THIS SUBDIVISION IS NOT LIABLE FOR ANY INJURY OR DAMAGE THAT
 RESULTS  FROM  AN  ACTION OF THAT PERSON WHILE THAT PERSON IS FILLING OR
 REFILLING THAT CONTAINER PURSUANT TO THIS SUBDIVISION.
   (C) ANY PERSON, FIRM, LIMITED LIABILITY  COMPANY  OR  CORPORATION  WHO
 FILLS,  REFILLS  OR  OTHERWISE  DELIVERS LIQUEFIED PETROLEUM GAS OR OWNS
 SUCH A GAS CYLINDER, CONTAINER OR RECEPTACLE IS NOT PERMITTED TO  CHARGE
 ANY  PENALTY  OR  FEE  IN ADDITION TO ANY STANDARD FILLING, REFILLING OR
 DELIVERY FEE PURSUANT TO THIS SUBDIVISION, EXCLUDING EXISTING  EMERGENCY
 FEES.
   (D)  ANY  PERSON,  FIRM,  LIMITED LIABILITY COMPANY OR CORPORATION WHO
 FILLS, REFILLS OR OTHERWISE DELIVERS LIQUEFIED PETROLEUM GAS UNDER  THIS
 SUBDIVISION  MUST  NOTIFY  THE TANK OWNER OF THE NAME AND ADDRESS OF THE
 RESIDENTIAL CUSTOMER, THE DATE AND QUANTITY DELIVERED, THE PRESSURE TEST
 READINGS AND ANY CHANGES MADE TO THE SYSTEM WITHIN FORTY-EIGHT HOURS.
   (E) NOTHING IN THIS SUBDIVISION SHALL BE DEEMED TO RESTRICT THE  OWNER
 OF  A  LIQUEFIED  PETROLEUM  GAS  CYLINDER, CONTAINER OR RECEPTACLE FROM
 PROCURING LIQUEFIED PETROLEUM GAS FROM ANY SELLER.
   (F) ANY EXISTING CONTRACT BETWEEN THE OWNER OF THE LIQUEFIED PETROLEUM
 GAS CYLINDER, CONTAINER OR RECEPTACLE AND THE CUSTOMER REMAINS IN  FORCE
 AND  EFFECT UNTIL THE END DATE OF THE CONTRACT OR UNTIL IT IS TERMINATED
 UNDER OPTIONS AVAILABLE TO EITHER PARTY AND UNDER ANY  OTHER  CONDITIONS
 NOT  LISTED  IN  THIS SUBDIVISION. IN ALL CIRCUMSTANCES OTHER THAN THOSE
 HERETOFORE DESCRIBED, IT IS NOT PERMISSIBLE FOR ANY PERSON, FIRM, LIMIT-
 ED LIABILITY COMPANY OR CORPORATION TO  REMOVE  OR  FILL  ANY  LIQUEFIED
 PETROLEUM FROM A LIQUEFIED PETROLEUM GAS CYLINDER, CONTAINER OR RECEPTA-
 CLE  WITHOUT  THE  CONSENT  OF THE OWNER OF SUCH LIQUEFIED PETROLEUM GAS
 CYLINDER, CONTAINER OR RECEPTACLE.
   § 2. This act shall take effect immediately.

co-Sponsors

2017-S7395D (ACTIVE) - Details

Current Committee:: Assembly Agriculture
Law Section:: Agriculture and Markets Law
Laws Affected:: Amd §192-e, Ag & Mkts L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S1495
2021-2022: S1539, S8426

2017-S7395D (ACTIVE) - Summary

2017-S7395D (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S7395D

SPONSOR: TEDISCO
 
TITLE OF BILL:  An act to amend the agriculture and markets law, in
relation to authorizing the delivery of liquefied petroleum gas in times
of emergency

 
PURPOSE:

To allow homeowners leasing LPG cylinders, containers to choose from
multiple suppliers for emergency deliveries during times of urgent need
and periods of high demand.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1: This act shall be known and may be cited as the "propane
consumer emergency act."

Section 2: (a)Notwithstanding any other law, rule or regulation to the
contrary, a person, firm, limited liability company or corporation who
is not the owner of a liquefied petroleum gas cylinder, container or

receptacle may fill, refill or otherwise deliver liquefied petroleum gas
into such liquefied petroleum gas cylinder, container or receptacle,
provided the entity has appropriate liability insurance equal to or
greater than $1,000,000.00, and such cylinder, container or receptacle
and devices and associated pipelines operating off of such cylinder,
container, or receptacle has been inspected and certified as required by
law or regulation by the succeeding entity and the succeeding entity
assumes all liability that may result from improper filling and testing
of the facility, when:

-a residential heating or electric generator consumer has acted in good
faith under an existing contract to procure delivery of liquefied petro-
leum gas from the owner of a liquefied petroleum gas cylinder, container
or receptacle, but has not received liquefied petroleum gas in a reason-
able time within 24 hours of an initial request; and

-a federal, state or local state of emergency has been declared or

-severe weather or any other similar circumstances may result in indi-
viduals being placed in imminent danger of death or injury or building
structures and/or its fixtures at risk of significant damage.

-Exigent circumstances exist when the Federal Motor Carrier Adminis-
tration has granted a waiver in accordance with 49 CFR Sec.  390.23(a)
(1) from Parts 390 through 399 of the Federal Motor Carrier Safety Regu-
lations, which includes NYS, from the Hours of Service Limitation rule
as it affects propane deliveries.

-The New York State Department of Transportation, pursuant to 17 NYCRR
820.6, issues a statewide or regional Hours of Service Limitation waiver
for propane.

(b) An owner that authorizes a person to fill or refill a container
pursuant to this subsection is not liable for any injury or damage that
results from an action of that person while that person is filling or
refilling that container pursuant to this subsection.


(c) Any person, firm, limited liability company or corporation who
fills, refills or otherwise delivers liquefied petroleum gas or owns
such a gas cylinder, container or receptacle is not permitted to charge
any penalty or fee in addition to any standard filling, refilling or
delivery fee pursuant to this subdivision excluding existing emergency
fees.

Under any other conditions not listed in this subdivision; any existing
contract between the owner of the liquefied petroleum gas cylinder,
container or receptacle and the customer remains in force and full
effect until the end date of the contract or until it is terminated
under options available to either party and that it is not permissible
for any entity to empty or fill a receptacle of a tank without the
owner's consent.

Section 2: Effective Date.

 
JUSTIFICATION:

As in most cases, propane gas companies own all equipment, including the
tanks and regulators, and simply leases to the homeowners as a cost
savings, but as a result, they are the only supplier permitted to deliv-
er to the tanks. Customers that own their tanks are able to choose from
multiple suppliers and can change as frequently as for each delivery.

This also allows them to also get better costs. Unfortunately, during
storms or other catastrophic events, homeowners are at the mercy of
their propane providers' schedule for refills. Many propane companies do
not always work during these times and have to decide whether to place
their residential customers' needs before their commercial customers.

This new legislation will allow homeowners leasing tanks to choose from
multiple suppliers for emergency deliveries during these times of urgent
need and exigent circumstances that can result in imminent danger of
death or injury due to exposure to such extreme temperatures or occur-
rence without the delivery of such liquefied petroleum gas.

The bill only requires the use of a licensed liquefied petroleum
gas(LPG) provider and supplier, and an LPG container with all required
inspections and certifications complete and up to date.  According to
state law, an LPG tank must be inspected 12 years after it is manufac-
tured and then every 5 years after that.

Additionally, it requires the succeeding company to carry appropriate
liability insurance equal to or greater than $1,000,000.00, along with
addressing other limited liabilities on the part of the tank owner if
the succeeding entity does not comply with proper safety procedures
during the refilling of emptying of a tank.

It is also understood that that the existing contract between the
provider and consumer remains in full force, and that it is not permis-
sible for any entity to empty or fill a receptacle of a tank without the
owner's consent absent these extenuating circumstances .

 
PRIOR LEGISLATIVE HISTORY:

New Legislation

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2017-S7395D (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7395--D
 
                             I N  S E N A T E
 
                             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:
 
   Section 1. This act shall be known and may be cited  as  the  "propane
 consumer emergency act".
   §  2.  Section  192-e of the agriculture and markets law is amended by
 adding a new subdivision 6-a to read as follows:
   6-A. (A) NOTWITHSTANDING ANY OTHER LAW,  RULE  OR  REGULATION  TO  THE
 CONTRARY,  A  PERSON, FIRM, LIMITED LIABILITY COMPANY OR CORPORATION WHO
 IS NOT THE OWNER OF A LIQUEFIED PETROLEUM  GAS  CYLINDER,  CONTAINER  OR
 RECEPTACLE MAY FILL, REFILL OR OTHERWISE DELIVER LIQUEFIED PETROLEUM GAS
 INTO  SUCH  LIQUEFIED  PETROLEUM  GAS CYLINDER, CONTAINER OR RECEPTACLE,
 PROVIDED THE ENTITY HAS APPROPRIATE  LIABILITY  INSURANCE  EQUAL  TO  OR
 GREATER THAN ONE MILLION DOLLARS, AND SUCH CYLINDER, CONTAINER OR RECEP-
 TACLE  AND DEVICES AND ASSOCIATED PIPELINES OPERATING OFF OF SUCH CYLIN-
 DER, CONTAINER, OR  RECEPTACLE  HAS  BEEN  INSPECTED  AND  CERTIFIED  AS
 REQUIRED  BY LAW OR REGULATION BY THE SUCCEEDING ENTITY AND THE SUCCEED-
 ING ENTITY ASSUMES ALL LIABILITY THAT MAY RESULT FROM  IMPROPER  FILLING
 AND TESTING OF THE FACILITY, WHEN:
   (I)  A RESIDENTIAL HEATING OR ELECTRIC GENERATOR CONSUMER HAS ACTED IN
 GOOD FAITH UNDER AN EXISTING CONTRACT TO PROCURE DELIVERY  OF  LIQUEFIED
 PETROLEUM  GAS  FROM  THE  OWNER  OF A LIQUEFIED PETROLEUM GAS CYLINDER,
 CONTAINER OR RECEPTACLE, BUT HAS NOT RECEIVED  LIQUEFIED  PETROLEUM  GAS
 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
 
   (II)  A  FEDERAL, STATE OR LOCAL STATE OF EMERGENCY HAS BEEN DECLARED;
 OR
   (III)  SEVERE WEATHER OR ANY OTHER SIMILAR CIRCUMSTANCES MAY RESULT IN
 INDIVIDUALS BEING PLACED IN IMMINENT DANGER OF DEATH OR INJURY OR BUILD-
 ING STRUCTURES AND/OR ITS FIXTURES AT RISK OF SIGNIFICANT DAMAGE; OR
   (IV) EXIGENT CIRCUMSTANCES EXIST WHEN THE FEDERAL MOTOR CARRIER ADMIN-
 ISTRATION  HAS  GRANTED  A  WAIVER  IN  ACCORDANCE  WITH  49  CFR   SEC.
 390.23(A)(1)  FROM  PARTS  390  THROUGH 399 OF THE FEDERAL MOTOR CARRIER
 SAFETY REGULATIONS, WHICH INCLUDES NEW YORK STATE,  FROM  THE  HOURS  OF
 SERVICE LIMITATION RULE AS IT AFFECTS PROPANE DELIVERIES; OR
   (V)  THE  NEW  YORK STATE DEPARTMENT OF TRANSPORTATION, PURSUANT TO 17
 NYCRR 820.6, ISSUES A STATEWIDE OR REGIONAL HOURS OF SERVICE  LIMITATION
 WAIVER FOR PROPANE.
   (B)  AN  OWNER  WHO  AUTHORIZES A PERSON TO FILL OR REFILL A CONTAINER
 PURSUANT TO THIS SUBDIVISION IS NOT LIABLE FOR ANY INJURY OR DAMAGE THAT
 RESULTS FROM AN ACTION OF THAT PERSON WHILE THAT PERSON  IS  FILLING  OR
 REFILLING THAT CONTAINER PURSUANT TO THIS SUBDIVISION.
   (C)  ANY  PERSON,  FIRM,  LIMITED LIABILITY COMPANY OR CORPORATION WHO
 FILLS, REFILLS OR OTHERWISE DELIVERS LIQUEFIED  PETROLEUM  GAS  OR  OWNS
 SUCH  A GAS CYLINDER, CONTAINER OR RECEPTACLE IS NOT PERMITTED TO CHARGE
 ANY PENALTY OR FEE IN ADDITION TO ANY  STANDARD  FILLING,  REFILLING  OR
 DELIVERY  FEE PURSUANT TO THIS SUBDIVISION, EXCLUDING EXISTING EMERGENCY
 FEES.
   (D) ANY PERSON, FIRM, LIMITED LIABILITY  COMPANY  OR  CORPORATION  WHO
 FILLS,  REFILLS OR OTHERWISE DELIVERS LIQUEFIED PETROLEUM GAS UNDER THIS
 SUBDIVISION MUST NOTIFY THE TANK OWNER OF THE NAME AND  ADDRESS  OF  THE
 RESIDENTIAL CUSTOMER, THE DATE AND QUANTITY DELIVERED, THE PRESSURE TEST
 READINGS AND ANY CHANGES MADE TO THE SYSTEM WITHIN FORTY-EIGHT HOURS.
   (E)  NOTHING IN THIS SUBDIVISION SHALL BE DEEMED TO RESTRICT THE OWNER
 OF A LIQUEFIED PETROLEUM GAS  CYLINDER,  CONTAINER  OR  RECEPTACLE  FROM
 PROCURING LIQUEFIED PETROLEUM GAS FROM ANY SELLER.
   (F) ANY EXISTING CONTRACT BETWEEN THE OWNER OF THE LIQUEFIED PETROLEUM
 GAS  CYLINDER, CONTAINER OR RECEPTACLE AND THE CUSTOMER REMAINS IN FORCE
 AND EFFECT UNTIL THE END DATE OF THE CONTRACT OR UNTIL IT IS  TERMINATED
 UNDER  OPTIONS  AVAILABLE TO EITHER PARTY AND UNDER ANY OTHER CONDITIONS
 NOT LISTED IN THIS SUBDIVISION. IN ALL CIRCUMSTANCES  OTHER  THAN  THOSE
 HERETOFORE DESCRIBED, IT IS NOT PERMISSIBLE FOR ANY PERSON, FIRM, LIMIT-
 ED  LIABILITY  COMPANY  OR  CORPORATION  TO REMOVE OR FILL ANY LIQUEFIED
 PETROLEUM FROM A LIQUEFIED PETROLEUM GAS CYLINDER, CONTAINER OR RECEPTA-
 CLE WITHOUT THE CONSENT OF THE OWNER OF  SUCH  LIQUEFIED  PETROLEUM  GAS
 CYLINDER, CONTAINER OR RECEPTACLE.
   § 3. This act shall take effect immediately.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Senate Bill S7395D

Sponsored By

Archive: Last Bill Status - In Assembly Committee

Jun 13, 2018 - Floor Vote

Floor Vote: Jun 13, 2018

Jun 13, 2018 - Rules Committee Vote

Rules Committee Vote: Jun 13, 2018

Jun 6, 2018 - Energy And Telecommunications Committee Vote

Energy And Telecommunications Committee Vote: Jun 6, 2018

May 1, 2018 - Agriculture Committee Vote

Agriculture Committee Vote: May 1, 2018

Bill Amendments

2017-S7395 - Details

2017-S7395 - Summary

2017-S7395 - Sponsor Memo

2017-S7395 - Bill Text download pdf

co-Sponsors

2017-S7395A - Details

2017-S7395A - Summary

2017-S7395A - Sponsor Memo

2017-S7395A - Bill Text download pdf

co-Sponsors

2017-S7395B - Details

2017-S7395B - Summary

2017-S7395B - Sponsor Memo

2017-S7395B - Bill Text download pdf

co-Sponsors

2017-S7395C - Details

2017-S7395C - Summary

2017-S7395C - Sponsor Memo

2017-S7395C - Bill Text download pdf

co-Sponsors

2017-S7395D (ACTIVE) - Details

2017-S7395D (ACTIVE) - Summary

2017-S7395D (ACTIVE) - Sponsor Memo

2017-S7395D (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S7395D

Share this bill

Sponsored By

James Tedisco

Archive: Last Bill Status - In Assembly Committee

Bill Amendments

2017-S7395 - Details

2017-S7395 - Summary

2017-S7395 - Sponsor Memo

2017-S7395 - Bill Text download pdf

co-Sponsors

David J. Valesky

2017-S7395A - Details

2017-S7395A - Summary

2017-S7395A - Sponsor Memo

2017-S7395A - Bill Text download pdf

co-Sponsors

David J. Valesky

2017-S7395B - Details

2017-S7395B - Summary

2017-S7395B - Sponsor Memo

2017-S7395B - Bill Text download pdf

co-Sponsors

David J. Valesky

2017-S7395C - Details

2017-S7395C - Summary

2017-S7395C - Sponsor Memo

2017-S7395C - Bill Text download pdf

co-Sponsors

David J. Valesky

2017-S7395D (ACTIVE) - Details

2017-S7395D (ACTIVE) - Summary

2017-S7395D (ACTIVE) - Sponsor Memo

2017-S7395D (ACTIVE) - Bill Text download pdf

Comments