S T A T E   O F   N E W   Y O R K
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                                   8426
 
                             I N  S E N A T E
 
                             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:

   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
   (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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03938-02-1
              

 S. 8426                             2
 
   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-
 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
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 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.