S T A T E   O F   N E W   Y O R K
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                                  1451--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 11, 2021
                                ___________
 
 Introduced  by  M. of A. SANTABARBARA, STECK, J. RIVERA, BRONSON -- read
   once and  referred  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 two new subdivisions 6-a and 6-b to read as follows:
   6-A. A. DEFINITIONS. FOR THE PURPOSES OF THIS SUBDIVISION:
   (I) "LIQUEFIED PETROLEUM GAS TANK" SHALL MEAN A CYLINDER, CONTAINER OR
 RECEPTACLE,  FIXED IN PLACE, THAT IS INTENDED TO BE USED TO STORE LIQUE-
 FIED PETROLEUM GAS FOR THE PURPOSE OF HEATING,  OR  GENERATING  ELECTRIC
 POWER, FOR A RESIDENTIAL CUSTOMER;
   (II) "QUALIFYING EMERGENCY" SHALL MEAN:
   (A) A FEDERAL, STATE OR LOCAL STATE OF EMERGENCY HAS BEEN DECLARED, OR
 FEDERAL  OR STATE AUTHORITIES HAVE GRANTED A WAIVER FROM HOURS-OF-OPERA-
 TIONS LIMITATIONS AFFECTING LIQUEFIED PETROLEUM GAS DELIVERIES; OR
   (B) SEVERE WEATHER OR ANY OTHER SIMILAR CIRCUMSTANCE  EXIST  THAT  MAY
 RESULT  IN  AN  INDIVIDUAL  BEING  PLACED IN IMMINENT DANGER OF DEATH OR
 INJURY, OR MAY RESULT IN A BUILDING STRUCTURE AND/OR ITS FIXTURES  BEING
 AT  RISK OF SIGNIFICANT DAMAGE DUE TO LACK OF RESIDENTIAL HEAT CAUSED BY
 THE LACK OF SUFFICIENT LIQUIFIED PETROLEUM GAS  TO  PRODUCE  RESIDENTIAL
 HEAT;
   (III)  "REGULAR SUPPLIER" SHALL MEAN A PERSON, FIRM, LIMITED LIABILITY
 COMPANY OR CORPORATION THAT OWNS A  LIQUEFIED  PETROLEUM  GAS  TANK  AND
 THAT,  PURSUANT  TO  A  CURRENT CONTRACT, HAS AGREED TO SUPPLY LIQUEFIED
 PETROLEUM GAS TO SUCH TANK FOR USE BY  A  RESIDENTIAL  CUSTOMER  OR  THE
 CUSTOMER'S AGENT OR AGENTS; AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03938-03-1
              

 A. 1451--A                          2
 
   (IV) "TEMPORARY EMERGENCY SUPPLIER" SHALL MEAN A PERSON, FIRM, LIMITED
 LIABILITY COMPANY OR CORPORATION THAT FILLS, REFILLS OR OTHERWISE DELIV-
 ERS  LIQUEFIED PETROLEUM GAS INTO A LIQUEFIED PETROLEUM GAS TANK IT DOES
 NOT OWN, WHERE SUCH TANK IS SUBJECT TO AN EXISTING  CONTRACT  BETWEEN  A
 REGULAR SUPPLIER AND THEIR CUSTOMER.
   B.  NOTWITHSTANDING ANY OTHER LAW, RULE OR REGULATION TO THE CONTRARY,
 WHEN A QUALIFYING EMERGENCY IS IN EFFECT, A RESIDENTIAL CUSTOMER WHO HAS
 A CONTRACT WITH A REGULAR SUPPLIER TO FILL  A  LIQUEFIED  PETROLEUM  GAS
 TANK  REASONABLY BELIEVES THE AMOUNT OF LIQUEFIED PETROLEUM GAS IN THEIR
 TANK WILL BE INSUFFICIENT TO MEET  THE  CUSTOMER'S  HEATING  NEEDS,  THE
 CUSTOMER SHALL MAKE A GOOD FAITH EFFORT TO PROCURE DELIVERY OF LIQUEFIED
 PETROLEUM  GAS  FROM  SUCH  REGULAR SUPPLIER. IF THE REGULAR SUPPLIER IS
 UNABLE TO MAKE A SCHEDULED DELIVERY OR FULFILL THE CUSTOMER'S GOOD FAITH
 REQUEST, DIRECTLY OR THROUGH ANOTHER SUPPLIER, FOR DELIVERY WITHIN TWEN-
 TY-FOUR HOURS, THE CUSTOMER MAY ARRANGE TO HAVE  A  TEMPORARY  EMERGENCY
 SUPPLIER  FILL, REFILL OR OTHERWISE DELIVER LIQUEFIED PETROLEUM GAS INTO
 SUCH LIQUEFIED PETROLEUM GAS TANK, PROVIDED THAT THE TEMPORARY EMERGENCY
 SUPPLIER ENSURES THAT SUCH TANK, AND THE DEVICES AND PIPELINES  OPERATED
 IN  CONNECTION  WITH  SUCH  TANK,  HAVE  BEEN INSPECTED AND CERTIFIED AS
 REQUIRED BY LAW AND ALL APPLICABLE REGULATIONS.
   C. WHEN A TEMPORARY EMERGENCY SUPPLIER  DELIVERS  LIQUEFIED  PETROLEUM
 GAS TO A RESIDENTIAL CUSTOMER PURSUANT TO THIS SUBDIVISION, NEITHER SUCH
 TEMPORARY  EMERGENCY  SUPPLIER  NOR SUCH CUSTOMER'S REGULAR SUPPLIER MAY
 CHARGE ANY PENALTY OR FEE IN  ADDITION  TO  ANY  FILLING,  REFILLING  OR
 DELIVERY  FEES THAT ARE USUALLY CHARGED TO OTHER CUSTOMERS IN THE COURSE
 OF BUSINESS UNDER CIRCUMSTANCES WHEN PARAGRAPH B OF THIS SUBDIVISION  IS
 NOT APPLICABLE.
   D.  ANY  CONTRACT  EXECUTED  SUBSEQUENT  TO THE EFFECTIVE DATE OF THIS
 SUBDIVISION FOR THE SUPPLY OF LIQUEFIED PETROLEUM GAS TO  A  RESIDENTIAL
 CUSTOMER SHALL INCLUDE PROVISIONS RELATING TO DELIVERY AND FEES PURSUANT
 TO PARAGRAPHS B AND C OF THIS SUBDIVISION IF APPLICABLE.
   E. NOTHING IN THIS SUBDIVISION SHALL BE DEEMED TO RESTRICT A LIQUEFIED
 PETROLEUM  GAS  CUSTOMER  WHO  OWNS  A LIQUEFIED PETROLEUM GAS TANK FROM
 PROCURING SUCH GAS FROM ANY SUPPLIER.
   6-B. THE COMMISSIONER, IN COOPERATION  WITH  THE  DEPARTMENT  OF  LAW,
 SHALL  DEVELOP  A "PROPANE CONSUMER BILL OF RIGHTS" CONSISTENT WITH THIS
 SECTION TO ADDRESS THE RIGHTS OF CONSUMERS WHO ENTER INTO CONTRACTS  FOR
 THE  PROVISION  AND  DELIVERY  OF LIQUEFIED PETROLEUM GAS, INCLUDING THE
 RIGHT OF CUSTOMERS TO PURCHASE LIQUEFIED PETROLEUM  GAS  FROM  TEMPORARY
 SUPPLIERS  PURSUANT  TO  SUBDIVISION SIX-A OF THIS SECTION. SUCH BILL OF
 RIGHTS SHALL BE PROVIDED BY EVERY REGULAR SUPPLIER OF LIQUEFIED PETROLE-
 UM GAS TO THE CONSUMER WHEN A CONTRACT IS EXECUTED,  AND  THEN  ANNUALLY
 WHILE  A  CONTRACT  REMAINS IN EFFECT AND THE DEPARTMENT SHALL POST SUCH
 BILL OF RIGHTS ON ITS WEBSITE.
   § 2. The commissioner of agriculture and markets shall  develop  regu-
 lations consistent with subdivisions six-a and six-b of section 192-e of
 the  agriculture  and markets law for the implementation thereof includ-
 ing, but not limited to, the  responsibilities  of  temporary  emergency
 suppliers  and  regular  suppliers  for the safe inspection, testing and
 filling of liquefied petroleum gas tanks, and any devices and  pipelines
 operated  in  connection  with such tanks, pursuant to such subdivisions
 and the need for  appropriate  liability  insurance  coverage  for  such
 suppliers.
   § 3. This act shall take effect on the one hundred twentieth day after
 it  shall  have  become  a law; provided, however that the provisions of
 this act shall take effect immediately upon the occurrence of a qualify-

 A. 1451--A                          3
 
 ing emergency for any customer residing within the geographic limits  of
 such qualifying emergency as declared by federal, state or local author-
 ities  or as otherwise determined by federal or state authorities or the
 commissioner;  and  provided  that  the  commissioner of agriculture and
 markets shall notify the legislative bill drafting commission  upon  the
 occurrence  of  a  qualifying  emergency,  if  such qualifying emergency
 occurs within the first 120 days after this act shall have become a law,
 in order that the commission may maintain an accurate and timely  effec-
 tive data base of the official text of the laws of the state of New York
 in  furtherance  of  effectuating  the  provisions  of section 44 of the
 legislative law and section 70-b of the public officers  law.  Effective
 immediately  the  addition, amendment and/or repeal of any rule or regu-
 lation necessary for the implementation of this  act  on  its  effective
 date are authorized to be made and completed on or before such date.