NY State Senate Bill 2023-S8606A

Senate Bill S8606A

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

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

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 06, 2024	referred to agriculture delivered to assembly passed senate
May 28, 2024	advanced to third reading amended 8606a
May 23, 2024	2nd report cal.
May 22, 2024	1st report cal.1455
Feb 21, 2024	referred to agriculture

Votes

- Jun 6, 2024 - Floor Vote
  S8606A
  
  61
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 6, 2024
      
      aye (61)
      
      Addabbo Jr.
      
      Ashby
      
      Bailey
      
      Borrello
      
      Breslin
      
      Brisport
      
      Brouk
      
      Canzoneri-Fitzpatrick
      
      Chu
      
      Cleare
      
      Comrie
      
      Cooney
      
      Felder
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Gonzalez
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kavanagh
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martinez
      
      Martins
      
      Mattera
      
      May
      
      Mayer
      
      Murray
      
      Myrie
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rhoads
      
      Rivera
      
      Rolison
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Scarcella-Spanton
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Webb
      
      Weber
      
      Weik
      
      excused (1)
      
      Walczyk
  May 22, 2024 - Agriculture Committee Vote
  S8606A
  
  8
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Agriculture Committee Vote: May 22, 2024
      
      aye (8)
      
      Borrello
      
      Hinchey
      
      Mannion
      
      May
      
      Oberacker
      
      Ramos
      
      Thomas
      
      Webb
      
      aye wr (1)
      
      Helming

Bill Amendments

Original

A (Active)

2023-S8606 - Details

See Assembly Version of this Bill:: A10432
Current Committee:: Assembly Agriculture
Law Section:: Agriculture and Markets Law
Laws Affected:: Amd §192-e, Ag & Mkts L

2023-S8606 - Summary

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

2023-S8606 - Sponsor Memo

                                 
BILL NUMBER: S8606

SPONSOR: HINCHEY
 
TITLE OF BILL:

An act to amend the agriculture and markets law, in relation to fees
related to liquified petroleum

 
PURPOSE:

To make liquified petroleum gas fees more transparent and to prohibit
certain fees commonly charged by companies which sell liquified petrole-
um gas.

 
SUMMARY OF PROVISIONS:

Section 1 amends section 192-e of the agriculture and markets law by
adding a new subdivision 10 which prohibits charging a minimum usage fee
and regulates certain other fees.

 
JUSTIFICATION:

Companies selling propane in New York charge numerous hidden fees, many
of which are excessively burdensome for consumers and work contrary to
our ambitious climate goals. One example is a minimum usage fee which is
charged to consumers who use below a certain amount of propane. Charges
like this incentivize consumers to use more propane gas, leading to
greater greenhouse gas emissions, a continued reliance on fossil fuels,
and a slower transition to renewable energy. There can also be exorbi-
tant fees to cancel service or to have a propane tank removed, making it
exceedingly expensive for consumers to end their contracts with their
current provider.  Because of this it can be financially difficult for
consumers to switch to a different propane provider to receive better
service or to change energy systems entirely.

As the Inflation Reduction Act provides ample opportunities for Ameri-
cans to transition to renewable energy, New York State needs to ensure
that there are no unnecessary barriers preventing New Yorkers from doing
so. By prohibiting petroleum gas companies from charging these unneces-
sary fees, this bill removes some of those bathers and puts money back
into people's pockets. The bill also protects consumers who are harmed
by the unregulated state of the propane industry and the exploitative
fees that the industry too often charges. At a time when many New York-
ers are struggling to make ends meet, we cannot allow unfair propane
fees to further hit them in their wallets.

 
LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S8606 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8606
 
                             I N  S E N A T E
 
                             February 21, 2024
                                ___________
 
 Introduced  by  Sen. HINCHEY -- 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  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.

                                                            LBD13746-01-3
 S. 8606                             2
 
 MALFUNCTIONS THROUGH NO FAULT OF A CONSUMER OR OTHER  PERSON  AUTHORIZED
 TO BE ON THE PREMISES;
   (H)  A  DELIVERY FEE IF THE SELLER FAILS TO MAKE A DELIVERY THROUGH NO
 FAULT OF THE CONSUMER AND THE CONSUMER RUNS OUT OF  LIQUIFIED  PETROLEUM
 GAS AS A RESULT; OR
   (I)  A  FEE,  THE  BASIS OF WHICH IS NOT COMPLIANT WITH ANY APPLICABLE
 STATUTE OR RULE.
   § 2. This act shall take effect immediately.

2023-S8606A (ACTIVE) - Details

See Assembly Version of this Bill:: A10432
Current Committee:: Assembly Agriculture
Law Section:: Agriculture and Markets Law
Laws Affected:: Amd §192-e, Ag & Mkts L

2023-S8606A (ACTIVE) - Summary

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

2023-S8606A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8606A

SPONSOR: HINCHEY
 
TITLE OF BILL:

An act to amend the agriculture and markets law, in relation to fees
related to liquified petroleum

 
PURPOSE:

To make liquified petroleum gas fees more transparent and to prohibit
certain fees commonly charged by companies which sell liquified petrole-
um gas.

 
SUMMARY OF PROVISIONS:

Section 1 amends section 192-e of the agriculture and markets law by
adding a new subdivision 10 which prohibits and regulates certain fees.

 
JUSTIFICATION:

Companies selling propane in New York charge numerous hidden fees, many
of which are excessively burdensome for consumers and work contrary to
our ambitious climate goals. One example is a minimum usage fee which is
charged to consumers who use below a certain amount of propane. Charges
like this incentivize consumers to use more propane gas, leading to
greater greenhouse gas emissions, a continued reliance on fossil fuels,
and a slower transition to renewable energy. There can also be exorbi-
tant fees to cancel service or to have a propane tank removed, making it
exceedingly expensive for consumers to end their contracts with their
current provider.  Because of this it can be financially difficult for
consumers to switch to a different propane provider to receive better
service or to change energy systems entirely.

As the Inflation Reduction Act provides ample opportunities for Ameri-
cans to transition to renewable energy, New York State needs to ensure
that there are no unnecessary barriers preventing New Yorkers from doing
so. By prohibiting petroleum gas companies from charging these unneces-
sary fees, this bill removes some of those barriers and puts money back
into people's pockets. The bill also protects consumers who are harmed
by the unregulated state of the propane industry and the exploitative
fees that the industry too often charges. At a time when many New York-
ers are struggling to make ends meet, we cannot allow unfair propane
fees to further hit them in their wallets.

 
LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S8606A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8606--A
     Cal. No. 1455
 
                             I N  S E N A T E
 
                             February 21, 2024
                                ___________
 
 Introduced  by  Sen. HINCHEY -- read twice and ordered printed, and when
   printed to be committed to the Committee on  Agriculture  --  reported
   favorably  from  said  committee,  ordered to first and second report,
   amended on second report, ordered  to  a  third  reading,  and  to  be
   reprinted  as amended, retaining its place in the order of third read-
   ing

 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;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD13746-02-4
 S. 8606--A                          2
 
   (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
 CONSUMER, THAT IS (I) GREATER THAN A NOMINAL VALUE, OR (II) GREATER THAN
 THE COST OF LABOR;
   (E)  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;
   (F)  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
 MALFUNCTIONS  THROUGH  NO FAULT OF A CONSUMER OR OTHER PERSON AUTHORIZED
 TO BE ON THE PREMISES;
   (G) A DELIVERY FEE IF THE SELLER FAILS TO MAKE A DELIVERY  THROUGH  NO
 FAULT  OF  THE CONSUMER AND THE CONSUMER RUNS OUT OF LIQUIFIED PETROLEUM
 GAS AS A RESULT; OR
   (H) A FEE, THE BASIS OF WHICH IS NOT  COMPLIANT  WITH  ANY  APPLICABLE
 STATUTE OR RULE.
   11.  A  SELLER SHALL PROVIDE A REBATE TO A CONSUMER EQUAL TO THE PRICE
 PAID BY THAT CONSUMER FOR LIQUIFIED PETROLEUM GAS THAT IS REMOVED FROM A
 LIQUIFIED PETROLEUM GAS TANK BY THE SELLER AND RESOLD.
   12. A SELLER OF LIQUIFIED PETROLEUM GAS SHALL PROVIDE ON EACH  BILL  A
 DESCRIPTION OF THE NATURE AND PURPOSE OF EACH FEE THAT IS BEING CHARGED.
   13.  THE FISCAL IMPACT OF BEING COMPLIANT WITH ANY GOVERNMENTAL, REGU-
 LATORY, OR ENVIRONMENTAL REQUIREMENT SHALL NOT  BE  BORNE  BY  LIQUIFIED
 PETROLEUM  GAS  CONSUMERS  AND SHALL NOT BE ADDED TO BILLS RENDERED BY A
 COMPANY SELLING LIQUIFIED PETROLEUM GAS; 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.
   § 2. This act shall take effect immediately.

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