NY State Senate Bill 2019-S3360

Senate Bill S3360

Signed By Governor

2019-2020 Legislative Session

Relates to home heating system conversion; requires certification by a utility company, gas corporation, electric corporation or contractor

download bill text pdf

Archive: Last Bill Status - Signed by Governor

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
Dec 20, 2019	approval memo.72 signed chap.725
Dec 17, 2019	delivered to governor
Jun 19, 2019	returned to senate passed assembly ordered to third reading rules cal.450 substituted for a6193a
Jun 17, 2019	referred to codes delivered to assembly passed senate ordered to third reading cal.1424 committee discharged and committed to rules
Jun 11, 2019	print number 3360a
Jun 11, 2019	amend and recommit to consumer protection
Feb 06, 2019	referred to consumer protection

Votes

- Jun 17, 2019 - Floor Vote
  S3360
  
  62
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 17, 2019
      
      aye (62)
      
      Addabbo Jr.
      
      Akshar
      
      Amedore
      
      Antonacci
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hoylman-Sigal
      
      Jackson
      
      Jacobs
      
      Jordan
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      LaValle
      
      Lanza
      
      Little
      
      Liu
      
      Martinez
      
      May
      
      Mayer
      
      Metzger
      
      Montgomery
      
      Myrie
      
      O'Mara
      
      Ortt
      
      Parker
      
      Persaud
      
      Ramos
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Seward
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
  Jun 17, 2019 - Rules Committee Vote
  S3360
  
  19
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 17, 2019
      
      aye (19)
      
      Benjamin
      
      Breslin
      
      Comrie
      
      Flanagan
      
      Gianaris
      
      Griffo
      
      Hoylman-Sigal
      
      Kennedy
      
      Krueger
      
      LaValle
      
      Lanza
      
      Little
      
      Liu
      
      Martinez
      
      Parker
      
      Robach
      
      Savino
      
      Seward
      
      Stewart-Cousins

Bill Amendments

Original

A (Active)

co-Sponsors

2019-S3360 - Details

See Assembly Version of this Bill:: A6193
Law Section:: General Business Law
Laws Affected:: Amd §778-aa, Gen Bus L; amd §378, Exec L
Versions Introduced in 2017-2018 Legislative Session:: S646, A8659

2019-S3360 - Summary

Relates to home heating system conversion; requires written notice regarding such conversion.

2019-S3360 - Sponsor Memo

                                
 
BILL NUMBER: S3360

SPONSOR: GAUGHRAN
 
TITLE OF BILL:  An act to amend the general business law and the exec-
utive law, in relation to home heating system conversion

 
PURPOSE OR GENERAL IDEA OF BILL:

Would require utility companies or contractors to certify that all parts
of the building and fire codes relating to oil tanks have been satis-
fied.

 
SUMMARY:

Section 1. Requiring contractors to provide conversion estimates for any
other home heating system not delineated in this section.

Section 2. Requires written notice be provided to the homeowner by the
contractor following the conversion of a home heating system.  Requires
department of state to put on their website relevant information regard-
ing notification on their website

Section 3. Requires the property owner to inform the heating oil suppli-
er of any conversion.

Section 4. Effective date.

 
JUSTIFICATION:

This legislation would prevent oil from being delivered to homes that no
longer use oil, but still have an oil intake valve on their property,
which was previously used for oil deliveries. Oil companies have incor-
rectly pumped oil into this intake pipe only to fill basements with
hundreds of gallons of fuel oil. Oil spills of this nature pollute the
environment by poisoning the land, water and vegetation encompassed by
these mistaken acts. Families are forced to move from their homes due to
toxic fumes.

Homes have been severely damaged by trying to clean up these messes,
which include: weakened foundations while removing tainted soil around
the homes which also cracked walls of these homes, holes dug to remove
oil filled with ground water which caused unsafe and dangerous environ-
ments for children and pets, oozing oil from the earth all around the
property has killed vegetation and posed a threat to children and
animals, venting systems had to be installed in basements to filter out
fumes as per DEC regulation.

This legislation would require companies to certify that they have met
all of the state's requirements relating to the abandonment, removal
and/or sealing of unused oil tanks. The cost of environmental clean-up
cost incurred by both the oil companies and the home owners is high.
This legislation will bring accountability and allow fpr proper enforce-
ment of these building and fire codes.

 
PRIOR LEGISLATIVE HISTORY:

2016: Died in Consumer Protection
06/05/17 PRINT NUMBER 646A
06/18/18 PASSED SENATE
 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
90th day after it shall have become law.

2019-S3360 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3360
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 6, 2019
                                ___________
 
 Introduced  by  Sens. GAUGHRAN, BOYLE -- read twice and ordered printed,
   and when  printed  to  be  committed  to  the  Committee  on  Consumer
   Protection
 
 AN  ACT  to  amend  the  general  business law and the executive law, in
   relation to home heating system conversion

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  1  of section 778-aa of the general business
 law, as added by chapter 129 of the laws of 1996, is amended to read  as
 follows:
   1.  All home improvement contractors as defined in subdivision five of
 section seven hundred seventy  of  this  chapter  or  any  other  person
 providing  an  estimate  or  engaged in the installation of home heating
 systems shall include in any estimate  of  the  cost  of  converting  an
 existing  oil  home heating system to [either] a natural gas [or], elec-
 tric OR ANY OTHER home heating system a separate estimate detailing  the
 costs related to the closure, abandonment and/or removal of a home heat-
 ing oil storage tank. In addition, any person making such estimate shall
 also provide a copy of any applicable local law, or if there is no local
 law then such person shall provide a written statement to that effect.
   §  2.  Section 778-aa of the general business law is amended by adding
 two new subdivisions 3 and 4 to read as follows:
   3. FOLLOWING THE CONVERSION OF AN EXISTING HOME HEATING SYSTEM FROM AN
 OIL HOME HEATING SYSTEM TO AN ALTERNATIVE METHOD OF  HOME  HEATING,  AND
 PRIOR  TO  THE COMMENCEMENT OF THE NEW HOME HEATING SERVICE, THE UTILITY
 COMPANY, GAS CORPORATION, OR ELECTRIC CORPORATION, AS DEFINED IN SECTION
 TWO OF THE PUBLIC SERVICE LAW, OR ANY HOME  IMPROVEMENT  CONTRACTOR  WHO
 INSTALLED  THE ALTERNATE HOME HEATING SYSTEM, SHALL PROVIDE TO THE HOME-
 OWNER A WRITTEN COPY OF THE NOTICE CREATED BY THE  DEPARTMENT  OF  STATE
 PURSUANT  TO  SUBDIVISION FOUR OF THIS SECTION, IN NO LESS THAN 14 POINT
 BOLD TYPE AND SEPARATE FORM FROM ANY OTHER  DOCUMENT  PROVIDED  TO  SUCH
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD04379-01-9

 S. 3360                             2
 
 HOMEOWNER.  THE  DEPARTMENT OF STATE SHALL HAVE THE AUTHORITY TO PROMUL-
 GATE ANY RULES OR REGULATIONS NECESSARY TO IMPLEMENT THE  PROVISIONS  OF
 THIS SUBDIVISION.
   4.  THE  DEPARTMENT  OF  STATE  SHALL CREATE AND MAKE AVAILABLE TO THE
 PUBLIC ON THE DEPARTMENT'S WEBSITE A NOTICE INFORMING HOMEOWNERS WHO ARE
 CONVERTING THEIR EXISTING OIL HOME  HEATING  SYSTEM  TO  AN  ALTERNATIVE
 METHOD  OF  HOME  HEATING  OF  THE PROVISIONS OF SUBDIVISION THIRTEEN OF
 SECTION THREE HUNDRED SEVENTY-EIGHT OF THE EXECUTIVE LAW, IN ADDITION TO
 ANY OTHER STATE LAWS, RULES, OR  REGULATIONS  RELATED  TO  THE  CLOSURE,
 ABANDONMENT,  AND/OR  REMOVAL  OF  A HEATING OIL STORAGE TANK, INCLUDING
 FILL AND VENT PIPES AND OTHER  RELATED  MATERIALS  AND  EQUIPMENT.  SUCH
 NOTICE SHALL INCLUDE A REQUIREMENT THAT THE HOMEOWNER MUST PROVIDE WRIT-
 TEN  NOTICE  TO  HIS  OR  HER  HOME  HEATING OIL SUPPLIER TO INFORM SUCH
 SUPPLIER OF SUCH CONVERSION PRIOR TO THE COMMENCEMENT OF  THE  NEW  HOME
 HEATING  SERVICE,  AND SHALL ALSO ADVISE THE HOMEOWNER THAT THERE MAY BE
 OTHER LOCAL LAWS RELATED TO SUCH CONVERSION.
   § 3. Subdivision 13 of section 378 of the executive law is amended  by
 adding a new paragraph h to read as follows:
   H.  THE PROPERTY OWNER SHALL PROVIDE WRITTEN NOTICE TO HIS OR HER HOME
 HEATING OIL SUPPLIER OR SUPPLIERS TO INFORM THEM OF SUCH  CONVERSION  TO
 AN  ALTERNATE  FUEL  PRIOR  TO  THE COMMENCEMENT OF THE NEW HOME HEATING
 SERVICE.
   § 4. This act shall take effect on the ninetieth day  after  it  shall
 have  become  a  law.    Effective  immediately, the addition, amendment
 and/or repeal of any rule or regulation necessary for the implementation
 of this act on  its  effective  date  are  authorized  to  be  made  and
 completed on or before such effective date.

co-Sponsors

2019-S3360A (ACTIVE) - Details

See Assembly Version of this Bill:: A6193
Law Section:: General Business Law
Laws Affected:: Amd §778-aa, Gen Bus L; amd §378, Exec L
Versions Introduced in 2017-2018 Legislative Session:: S646, A8659

2019-S3360A (ACTIVE) - Summary

Relates to home heating system conversion; requires written notice regarding such conversion.

2019-S3360A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S3360A

SPONSOR: GAUGHRAN
 
TITLE OF BILL:  An act to amend the general business law and the exec-
utive law, in relation to home heating system conversion

 
PURPOSE OR GENERAL IDEA OF BILL:

Would require utility companies or contractors to certify that all parts
of the building and fire codes relating to oil tanks have been satis-
fied.

 
SUMMARY:

Section 1. Requiring contractors to provide conversion estimates for any
other home heating system not delineated in this section.

Section 2. Requires written notice be provided to the homeowner by the
contractor upon entering into an agreement for the conversion of a home
heating system. Requires department of state to put on their website
relevant information regarding notification on their website

Section 3. Requires the property owner to inform the heating oil suppli-
er of any conversion.

Section 4. Effective date.

 
JUSTIFICATION:

This legislation would prevent oil from being delivered to homes that no
longer use oil, but still have an oil intake valve on their property,
which was previously used for oil deliveries. Oil companies have incor-
rectly pumped oil into this intake pipe only to fill basements with
hundreds of gallons of fuel oil. Oil spills of this nature pollute the
environment by poisoning the land, water and vegetation encompassed by
these mistaken acts. Families are forced to move from their homes due to
toxic fumes.

Homes have been severely damaged by trying to clean up these messes,
which include: weakened foundations while removing tainted soil around
the homes which also cracked walls of these homes, holes dug to remove
oil filled with ground water which caused unsafe and dangerous environ-
ments for children and pets, oozing oil from the earth all around the
property has killed vegetation and posed a threat to children and
animals, venting systems had to be installed in basements to filter out
fumes as per DEC regulation.

This legislation would require companies to certify that they have met
all of the state's requirements relating to the abandonment, removal
and/or sealing of unused oil tanks. The cost of environmental clean-up
cost incurred by both the oil companies and the home owners is high.
This legislation will bring accountability and allow for proper enforce-
ment of these building and fire codes.

 
PRIOR LEGISLATIVE HISTORY:

2016: Died in Consumer Protection
06/05/17 PRINT NUMBER 646A
06/18/18 PASSED SENATE
 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
90th day after it shall have become law.

2019-S3360A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3360--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 6, 2019
                                ___________
 
 Introduced  by  Sens. GAUGHRAN, BOYLE -- read twice and ordered printed,
   and when  printed  to  be  committed  to  the  Committee  on  Consumer
   Protection -- committee discharged, bill amended, ordered reprinted as
   amended and recommitted to said committee
 
 AN  ACT  to  amend  the  general  business law and the executive law, in
   relation to home heating system conversion
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  1  of section 778-aa of the general business
 law, as added by chapter 129 of the laws of 1996, is amended to read  as
 follows:
   1.  All home improvement contractors as defined in subdivision five of
 section seven hundred seventy  of  this  chapter  or  any  other  person
 providing  an  estimate  or  engaged in the installation of home heating
 systems shall include in any estimate  of  the  cost  of  converting  an
 existing  oil  home heating system to [either] a natural gas [or], elec-
 tric OR ANY OTHER home heating system a separate estimate detailing  the
 costs related to the closure, abandonment and/or removal of a home heat-
 ing oil storage tank. In addition, any person making such estimate shall
 also provide a copy of any applicable local law, or if there is no local
 law then such person shall provide a written statement to that effect.
   §  2.  Section 778-aa of the general business law is amended by adding
 two new subdivisions 3 and 4 to read as follows:
   3. UPON ENTERING INTO AN AGREEMENT FOR THE CONVERSION OF  AN  EXISTING
 HOME  HEATING  SYSTEM  FROM AN OIL HOME HEATING SYSTEM TO AN ALTERNATIVE
 METHOD OF HOME HEATING, AND PRIOR TO THE COMMENCEMENT OF  THE  NEW  HOME
 HEATING  SERVICE,  THE  UTILITY  COMPANY,  GAS  CORPORATION, OR ELECTRIC
 CORPORATION, AS DEFINED IN SECTION TWO OF THE PUBLIC SERVICE LAW, OR ANY
 HOME  IMPROVEMENT  CONTRACTOR  INSTALLING  THE  ALTERNATE  HOME  HEATING
 SYSTEM,  SHALL  PROVIDE  TO  THE  HOMEOWNER A WRITTEN COPY OF THE NOTICE
 CREATED BY THE DEPARTMENT OF STATE PURSUANT TO SUBDIVISION FOUR OF  THIS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD04379-02-9

 S. 3360--A                          2
 
 SECTION,  IN  NO LESS THAN 14 POINT BOLD TYPE AND SEPARATE FORM FROM ANY
 OTHER DOCUMENT PROVIDED TO SUCH HOMEOWNER. THE DEPARTMENT OF STATE SHALL
 HAVE THE AUTHORITY TO PROMULGATE ANY RULES OR REGULATIONS  NECESSARY  TO
 IMPLEMENT THE PROVISIONS OF THIS SUBDIVISION.
   4.  THE  DEPARTMENT  OF  STATE  SHALL CREATE AND MAKE AVAILABLE TO THE
 PUBLIC ON THE DEPARTMENT'S WEBSITE A NOTICE INFORMING HOMEOWNERS WHO ARE
 CONVERTING THEIR EXISTING OIL HOME  HEATING  SYSTEM  TO  AN  ALTERNATIVE
 METHOD  OF  HOME  HEATING  OF  THE PROVISIONS OF SUBDIVISION THIRTEEN OF
 SECTION THREE HUNDRED SEVENTY-EIGHT OF THE EXECUTIVE LAW, IN ADDITION TO
 ANY OTHER STATE LAWS, RULES, OR  REGULATIONS  RELATED  TO  THE  CLOSURE,
 ABANDONMENT,  AND/OR  REMOVAL  OF  A HEATING OIL STORAGE TANK, INCLUDING
 FILL AND VENT PIPES AND OTHER  RELATED  MATERIALS  AND  EQUIPMENT.  SUCH
 NOTICE SHALL INCLUDE A REQUIREMENT THAT THE HOMEOWNER MUST PROVIDE WRIT-
 TEN  NOTICE  TO  HIS  OR  HER  HOME  HEATING OIL SUPPLIER TO INFORM SUCH
 SUPPLIER OF SUCH CONVERSION PRIOR TO THE COMMENCEMENT OF  THE  NEW  HOME
 HEATING  SERVICE,  AND SHALL ALSO ADVISE THE HOMEOWNER THAT THERE MAY BE
 OTHER LOCAL LAWS RELATED TO SUCH CONVERSION.
   § 3. Subdivision 13 of section 378 of the executive law is amended  by
 adding a new paragraph h to read as follows:
   H.  THE PROPERTY OWNER SHALL PROVIDE WRITTEN NOTICE TO HIS OR HER HOME
 HEATING OIL SUPPLIER OR SUPPLIERS TO INFORM THEM OF SUCH  CONVERSION  TO
 AN  ALTERNATE  FUEL  PRIOR  TO  THE COMMENCEMENT OF THE NEW HOME HEATING
 SERVICE.
   § 4. This act shall take effect on the ninetieth day  after  it  shall
 have  become  a  law.    Effective  immediately, the addition, amendment
 and/or repeal of any rule or regulation necessary for the implementation
 of this act on  its  effective  date  are  authorized  to  be  made  and
 completed on or before such effective date.

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 S3360

Share this bill

Sponsored By

James Gaughran

Archive: Last Bill Status - Signed by Governor

Bill Amendments

co-Sponsors

Phil Boyle

2019-S3360 - Details

2019-S3360 - Summary

2019-S3360 - Sponsor Memo

2019-S3360 - Bill Text download pdf

co-Sponsors

Phil Boyle

2019-S3360A (ACTIVE) - Details

2019-S3360A (ACTIVE) - Summary

2019-S3360A (ACTIVE) - Sponsor Memo

2019-S3360A (ACTIVE) - Bill Text download pdf

Comments