Assembly Bill A10432A

2023-2024 Legislative Session

Prohibits the misrepresentation or collection of certain fees related to the delivery, usage, and storage of liquified petroleum

download bill text pdf

Sponsored By

Current 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

Do you support this bill?

Please enter your contact information

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

Bill Amendments

2023-A10432 - Details

See Senate Version of this Bill:
S8606
Current Committee:
Assembly Agriculture
Law Section:
Agriculture and Markets Law
Laws Affected:
Amd §192-e, Ag & Mkts L

2023-A10432 - Summary

Prohibits the misrepresentation or collection of certain fees related to the delivery, usage, and storage of liquified petroleum.

2023-A10432 - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10432
 
                           I N  A S S E M B L Y
 
                               May 24, 2024
                                ___________
 
 Introduced  by COMMITTEE ON RULES -- (at request of M. of A. Woerner) --
   read once and referred to the Committee on Agriculture
 
 AN ACT to amend the agriculture and markets law,  in  relation  to  fees
   related to liquified petroleum
 
   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 10 to read as follows:
   10. A SELLER SHALL NOT MISREPRESENT THE NATURE OF ANY FEE, NOR COLLECT
 FROM A CONSUMER:
   (A) ANY GOVERNMENTAL, REGULATORY, ENVIRONMENTAL, OR OTHER SIMILAR FEE;
 PROVIDED, HOWEVER, THAT THIS SUBDIVISION SHALL NOT LIMIT THE  PER-GALLON
 PRICE  CHARGED  BY  SELLERS  OR PROHIBIT COLLECTION OF ANY TAX ALLOWABLE
 UNDER STATE LAW;
   (B) A MINIMUM USAGE FEE;
   (C) A FEE FOR LIQUIFIED PETROLEUM GAS THAT IS NOT  ACTUALLY  DELIVERED
 TO A CONSUMER;
   (D)  WHEN  THE  LIQUIFIED  PETROLEUM  GAS TANK HAS BEEN LOCATED ON THE
 CONSUMER'S PREMISES FOR TWELVE MONTHS OR MORE, REGARDLESS  OF  OWNERSHIP
 OF THE PREMISES, A FEE RELATED TO TERMINATION OF LIQUIFIED PETROLEUM GAS
 SERVICE, INCLUDING A FEE:
   (I) TO REMOVE THE SELLER'S LIQUIFIED PETROLEUM GAS TANK FROM THE PREM-
 ISES;
   (II) TO PUMP OUT OR RESTOCK LIQUIFIED PETROLEUM GAS; OR
   (III) TO TERMINATE SERVICE;
   (E)  WHEN  THE  CONSUMER  HAS RECEIVED LIQUIFIED PETROLEUM GAS SERVICE
 FROM THE SELLER FOR LESS THAN TWELVE MONTHS, A  FEE  RELATED  TO  TERMI-
 NATION  OF  SERVICE  THAT  EXCEEDS  THE  PRICE  OF  LABOR  AND MATERIALS
 DISCLOSED IN A CONTRACT;
   (F) A TANK RENTAL FEE FOR ANY PERIOD OF TIME  AFTER  THE  SERVICE  HAS
 BEEN  DISCONNECTED BY THE SELLER OR THE CONSUMER HAS NOTIFIED THE SELLER
 THAT THE SELLER'S EQUIPMENT IS NO LONGER CONNECTED;
   (G) ANY AMOUNTS FOR THE REPAIR OF EQUIPMENT OR FOR  ANY  SPECIAL  TRIP
 RELATED  TO  THE  REPAIR OF EQUIPMENT IF THE EQUIPMENT OWNED BY A SELLER
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

2023-A10432A (ACTIVE) - Details

See Senate Version of this Bill:
S8606
Current Committee:
Assembly Agriculture
Law Section:
Agriculture and Markets Law
Laws Affected:
Amd §192-e, Ag & Mkts L

2023-A10432A (ACTIVE) - Summary

Prohibits the misrepresentation or collection of certain fees related to the delivery, usage, and storage of liquified petroleum.

2023-A10432A (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                 10432--A
 
                           I N  A S S E M B L Y
 
                               May 24, 2024
                                ___________
 
 Introduced  by COMMITTEE ON RULES -- (at request of M. of A. Woerner) --
   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 fees
   related to liquified petroleum

   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 four new subdivisions 10, 11, 12 and 13 to read as follows:
   10. A SELLER SHALL NOT MISREPRESENT THE NATURE OF ANY FEE, NOR COLLECT
 FROM A CONSUMER:
   (A)  A SPECIAL USAGE FEE THAT IS GREATER THAN A NOMINAL VALUE. FOR THE
 PURPOSES OF THIS SECTION, "SPECIAL USAGE FEE" SHALL MEAN A  FEE  CHARGED
 TO A CONSUMER FOR USING LESS THAN THE MINIMUM AMOUNT OF LIQUIFIED PETRO-
 LEUM  GAS  AS  ESTABLISHED  BY THE SELLER. NO SPECIAL USAGE FEE SHALL BE
 CHARGED EXCEPT FOR WHEN: (I) THE CONSUMER'S USAGE OF LIQUIFIED PETROLEUM
 GAS IS LOW ENOUGH THAT THE SELLER WOULD OTHERWISE BE UNABLE  TO  MAKE  A
 REASONABLE  RETURN  ON  INVESTMENT FOR PROVIDING LIQUIFIED PETROLEUM GAS
 SERVICE TO THAT CONSUMER; (II) THE SPECIAL USAGE FEE SHALL BE  DISCLOSED
 IN  THE  CONTRACT  BETWEEN  THE  SELLER  AND  THE  CONSUMER; AND (III) A
 DESCRIPTION OF THE FEE SHALL BE PROVIDED ON THE CONSUMER'S BILL PURSUANT
 TO SUBDIVISION TWELVE OF THIS SECTION;
   (B) A FEE FOR LIQUIFIED PETROLEUM GAS THAT IS NOT  ACTUALLY  DELIVERED
 TO A CONSUMER;
   (C) A FEE RELATED TO TERMINATION OF LIQUIFIED PETROLEUM GAS SERVICE AT
 THE  AGREED  UPON  END  OF CONTRACT BETWEEN THE SELLER AND THE CONSUMER,
 INCLUDING A FEE:
   (I) TO REMOVE THE SELLER'S LIQUIFIED PETROLEUM GAS TANK FROM THE PREM-
 ISES;
   (II) TO PUMP OUT OR RESTOCK LIQUIFIED PETROLEUM GAS; OR
   (III) TO TERMINATE SERVICE;
   (D) A FEE RELATED TO TERMINATION OF LIQUIFIED  PETROLEUM  GAS  SERVICE
 PRIOR  TO  THE  AGREED UPON END OF A CONTRACT BETWEEN THE SELLER AND THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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.