§ 192-e. Sale and delivery of liquefied petroleum gas. 1. Definition.
For the purpose of this section "liquefied petroleum gas" shall mean any
material or substance which is predominantly composed of any of the
following hydrocarbons or mixtures of the same: propane, propylene,
butane, normal or iso-, and butylene.

2. Liquefied petroleum gas shall be sold or offered for sale by
avoirdupois net weight, by liquid measure based on the standard United
States gallon of two hundred and thirty-one cubic inches, by cubic feet
based on the standard cubic foot of one thousand seven hundred and
twenty-eight cubic inches, or by the appropriate units in the metric
system, or multiple or decimal subdivisions of those units as determined
by the commissioner.

3. When liquefied petroleum gas is sold, offered or exposed for sale
by package weight, variations at the rate of one percent under the
specified net weight of the container are permitted in individual
containers, but the average weight of not less than twelve containers
shall not be less than the marked net weight of the containers.

4. Containers used where the gas content is sold by package weight
must have the tare weight plainly and conspicuously marked on the
container or on permanently attached appurtenances, and the net contents
plainly and conspicuously marked on the container or on a tag or other
type of label firmly attached thereto. Tare weight shall be construed to
be the weight of the container, valve and other permanent attachment but
does not include the valve-protecting cap; provided, however, that
disposable containers weighing five pounds or less when filled shall be
exempt from the tare weight marking requirements.

5. When liquefied petroleum gas is sold or delivered in package form
and the cylinder or container is connected to the consumer's apparatus,
such cylinder or container shall neither be disconnected nor removed
from the premises before it becomes empty, except as may be provided
hereinafter. When removed before becoming empty such cylinder or
container shall be weighed by the seller to determine the quantity of
liquefied petroleum gas remaining in such cylinder or container and a
written receipt issued to the purchaser or consumer stating such
quantity and the amount of the credit due. When weighed on the
customer's premises, weight shall be subject to verification by the
seller at the dealer distribution point or the filling plant to
determine whether credit is due the customer. A cylinder or container
shall be considered empty when the gross weight of the cylinder or
container does not exceed the tare weight as marked within the tolerance
allowed.

6. Each delivery of liquefied petroleum gas sold on a package basis in
cylinders or containers to consumers and each delivery of such gas from
a vehicle tank or other vessel into tanks, cylinders or containers
connected to consumer apparatus when sale is based on a quantity so
delivered, shall be accompanied by a delivery ticket and duplicate
thereof. On such ticket and duplicate thereof shall be distinctly
expressed in ink or other indelible substance the date of delivery, the
net weight or volume of such liquefied petroleum gas delivered, the
price per unit of metric or customary measure, the total price, the name
and address of the seller and the name and address of the purchaser of
such liquefied petroleum gas; provided, however, that such delivery
ticket need not set forth the total price if within five days after
delivery the seller provides the buyer with a written statement setting
forth all the foregoing information including the total price. Delivery
tickets shall be serially numbered or the serial number of the cylinder
or container shall be legibly marked on such delivery ticket. One of
such tickets shall be delivered to the person receiving the liquefied
petroleum gas, and the other ticket shall be retained by the seller of
the liquefied petroleum gas for a period of one year and shall be
subject to inspection by any weights and measures official within this
time. For systems equipped with the capability of issuing an electronic
receipt, ticket or other recorded representation, the customer may be
given the option to receive any required information electronically by
means of a cellular telephone, mobile telephone, computer, computer
tablet or any other personal electronic device, in lieu of or in
addition to a hard copy.

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
liquefied 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-operations 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
delivers 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
twenty-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. The temporary
emergency supplier shall assume all liability that may result from the
improper filling, inspection, or testing of such tank. The temporary
emergency supplier that fills, refills, or otherwise delivers liquified
petroleum gas under this subdivision must notify the regular supplier,
in written form, within five business days, the customer's name and
address, the date and quantity delivered, changes made to the system, if
any, and pressure test results, if required.

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.

f. In all other circumstances other than those described in this
section, it shall not be permissible for any person, firm, limited
liability company or corporation to remove or fill any liquified
petroleum gas from a liquified petroleum gas tank, cylinder, container
or receptacle without the consent of the owner of such tank, cylinder,
container or receptacle.

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
petroleum 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.

7. The use of artificial heat for the purpose of expanding liquefied
petroleum gas before or during the process of delivery, when the basis
of settlement for such sale or delivery is liquid volume, is prohibited.

8. a. New meters for measuring liquefied petroleum gas sold in the
vapor state shall be sealed by the manufacturer thereof as hereinafter
provided or by a weights and measures official. The commissioner may
prescribe by regulation the specifications and tolerances governing the
testing and sealing of such meters and the method of determining the
quantity of liquefied petroleum gas, and may authorize any manufacturer
or distributor of liquefied petroleum gas to seal used meters upon
written agreement to conform to said regulations. The commissioner may
revoke for cause the authority so given by him to any manufacturer or
distributor of liquefied petroleum gas.

b. Meters equipped with automatic temperature compensation shall be
sealed and may be used to compute all retail and wholesale transactions.

9. The provisions of this article shall not apply to interstate tank
car and transport truck deliveries to bulk storage, nor to public
utility systems using pipes or other fixtures in the public highways or
streets for the transmission of liquefied petroleum gas and operating
under the jurisdiction of the public service commission of this state,
nor to any public service company whose operations are subject to the
jurisdiction of the said public service commission.