senate Bill S2049A

Vetoed Amended

Prohibits the filling, emptying or use of any liquefied petroleum gas container, except by the owner thereof or by a person authorized in writing by such owner

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Vetoed by Governor
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actions

  • 09 / Jan / 2013
    • REFERRED TO AGRICULTURE
  • 28 / Feb / 2013
    • AMEND AND RECOMMIT TO AGRICULTURE
  • 28 / Feb / 2013
    • PRINT NUMBER 2049A
  • 15 / Mar / 2013
    • AMEND AND RECOMMIT TO AGRICULTURE
  • 15 / Mar / 2013
    • PRINT NUMBER 2049B
  • 30 / Apr / 2013
    • 1ST REPORT CAL.452
  • 01 / May / 2013
    • 2ND REPORT CAL.
  • 06 / May / 2013
    • ADVANCED TO THIRD READING
  • 29 / May / 2013
    • PASSED SENATE
  • 29 / May / 2013
    • DELIVERED TO ASSEMBLY
  • 29 / May / 2013
    • REFERRED TO AGRICULTURE
  • 08 / Jan / 2014
    • DIED IN ASSEMBLY
  • 08 / Jan / 2014
    • RETURNED TO SENATE
  • 08 / Jan / 2014
    • REFERRED TO AGRICULTURE
  • 11 / Mar / 2014
    • 1ST REPORT CAL.250
  • 12 / Mar / 2014
    • 2ND REPORT CAL.
  • 13 / Mar / 2014
    • ADVANCED TO THIRD READING
  • 05 / May / 2014
    • PASSED SENATE
  • 05 / May / 2014
    • DELIVERED TO ASSEMBLY
  • 05 / May / 2014
    • REFERRED TO CODES
  • 11 / Jun / 2014
    • SUBSTITUTED FOR A6804
  • 11 / Jun / 2014
    • ORDERED TO THIRD READING RULES CAL.139
  • 11 / Jun / 2014
    • PASSED ASSEMBLY
  • 11 / Jun / 2014
    • RETURNED TO SENATE
  • 10 / Nov / 2014
    • DELIVERED TO GOVERNOR
  • 21 / Nov / 2014
    • VETOED MEMO.513

Summary

Prohibits the filling, emptying or use of any liquefied petroleum gas cylinder, container or receptacle with a capacity of more than 20 gallons, except by the owner thereof or by a person authorized in writing by such owner.

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Bill Details

Versions:
S2049
S2049A
S2049B
Legislative Cycle:
2013-2014
Law Section:
Agriculture and Markets Law
Laws Affected:
Amd ยง192-e, Ag & Mkts L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S773
2009-2010: S2481

Sponsor Memo

BILL NUMBER:S2049A

TITLE OF BILL: An act to amend the agriculture and markets law, in
relation to the delivery of liquefied petroleum gas

PURPOSE:

This bill prohibits the filling, emptying or use of any liquefied
petroleum gas container, except by the owner or by a person authorized
in writing by the owner.

SUMMARY OF PROVISIONS:

Section 192-e of the Agriculture and Markets Law is amended to
prohibit the filling, emptying or use of any liquefied petroleum gas
container over 100 gallons,except by the owner or by a person
authorized in writing by the owner.

JUSTIFICATION:

Consumers have been enticed by unethical propane fuel dealers to
purchase propane fuel and have their propane tank serviced based on
misleading advertised prices. In these instances, where the propane
tank is owned by a different propane dealer than the dealer supplying
the fuel, there often is little regard for the safety and welfare of
the tank during the fueling transaction as well as no regard for the
safe handling and storage of the potentially hazardous fuel-
endangering both consumer and property (i.e. tank and consumer's
residence).

As a result, propane consumers are defrauded and propane dealers
suffer damages resulting from the unauthorized use of their property
(i.e. propane tank) for which they remain responsible. This bill seeks
to protect the consumer and propane dealer which owns the consumer's
tank by limiting fuel transfers to the owner of the propane tank or
those authorized in writing by the owner of the propane tank. This
will apply only to larger propane tanks over 100 gallons so that
smaller tanks used for everyday recreational use are not included.

LEGISLATIVE HISTORY:

2011,2012: 5.773/A.4055 Vetoed
2009,2010: S.2481/A.2302 Reported to Codes
2007,2008: S.5686-A/A.8148 Passed Senate

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE:

Effective immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 2049--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen.  YOUNG  -- read twice and ordered printed, and when
  printed to be committed 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 the
  delivery of liquefied petroleum gas

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision  6  of  section  192-e of the agriculture and
markets law, as amended by chapter 679 of the  laws  of  1980  and  such
section  as renumbered by chapter 716 of the laws of 1989, is amended to
read as follows:
  6. A. 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 ther-
eof.  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 fore-
going 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06490-02-3

S. 2049--A                          2

petroleum  gas  for  a  period  of  one  year  and  shall  be subject to
inspection by any weights and measures official within this time.
  B. (I) NO PERSON, FIRM, LIMITED LIABILITY COMPANY OR CORPORATION SHALL
FILL,  REFILL  OR  OTHERWISE  DELIVER  LIQUEFIED  PETROLEUM GAS INTO ANY
LIQUEFIED PETROLEUM GAS CYLINDER, CONTAINER OR RECEPTACLE WITH  A  WATER
CAPACITY  OF MORE THAN ONE HUNDRED GALLONS, UNLESS THEY ARE THE OWNER OF
SUCH CYLINDER, CONTAINER OR RECEPTACLE, OR A PERSON AUTHORIZED IN  WRIT-
ING BY SUCH OWNER.
  (II)  NO  PERSON, FIRM, LIMITED LIABILITY COMPANY OR CORPORATION SHALL
USE ANY LIQUEFIED PETROLEUM GAS CYLINDER,  CONTAINER  OR  RECEPTACLE  TO
CONTAIN  ANY  SUBSTANCE  OTHER THAN LIQUEFIED PETROLEUM GAS, UNLESS THEY
ARE THE OWNER OF SUCH CYLINDER, CONTAINER OR  RECEPTACLE,  OR  A  PERSON
AUTHORIZED IN WRITING BY SUCH OWNER.
  (III) EXCEPT IN THE CASE OF FIRE OR SAFETY EMERGENCY, NO PERSON, FIRM,
LIMITED LIABILITY COMPANY OR CORPORATION SHALL REMOVE LIQUEFIED PETROLE-
UM  GAS FROM ANY LIQUEFIED PETROLEUM GAS CYLINDER, CONTAINER OR RECEPTA-
CLE, UNLESS THEY ARE THE OWNER OF SUCH CYLINDER, CONTAINER  OR  RECEPTA-
CLE, OR A PERSON AUTHORIZED IN WRITING BY SUCH OWNER.
  S 2. This act shall take effect immediately.

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