assembly Bill A8659A

2017-2018 Legislative Session

Relates to home heating system conversion; requires certification by a utility company, gas corporation, electric corporation or contractor

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Archive: Last Bill Status - In Assembly Committee


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

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Actions

view actions (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 07, 2018 print number 8659a
Jun 07, 2018 amend (t) and recommit to consumer affairs and protection
Jan 03, 2018 referred to consumer affairs and protection
Sep 01, 2017 referred to consumer affairs and protection

A8659 - Details

See Senate Version of this Bill:
S646
Law Section:
General Business Law
Laws Affected:
Amd §778-aa, Gen Bus L; amd §378, Exec L
Versions Introduced in 2019-2020 Legislative Session:
A6193, A9056, S637, S3360

A8659 - Summary

Relates to home heating system conversion; requires written notice regarding such conversion.

A8659 - Bill Text download pdf


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

                                  8659

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                            September 1, 2017
                               ___________

Introduced by M. of A. LAVINE -- read once and referred to the Committee
  on Consumer Affairs and Protection

AN  ACT to amend the general business law and the public service law, in
  relation to home heating system conversion

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

  Section  1.  Section  778-aa of the general business law is amended by
adding three new subdivisions 3, 4 and 5 to read as follows:
  3. PRIOR TO THE COMMENCEMENT OF HOME  HEATING  SERVICE  BY  A  UTILITY
COMPANY,  GAS  CORPORATION, OR ELECTRIC CORPORATION AND/OR CONTRACTOR AS
DEFINED IN SECTION TWO OF THE PUBLIC SERVICE LAW, SUCH ENTITY SHALL FILE
A CERTIFICATION WITH THE NEW  YORK  STATE  DEPARTMENT  OF  ENVIRONMENTAL
CONSERVATION,  AND  ANY  OTHER  MUNICIPAL  ENTITY CHARGED WITH ENFORCING
STATE AND LOCAL BUILDING LAWS, THAT ALL PARTS  OF  THE  NEW  YORK  STATE
BUILDING  CODE  OR ANY OTHER APPLICABLE LOCAL BUILDING CODES RELATING TO
THE ABANDONMENT, AND REMOVAL AND/OR SEALING OF  UNUSED  OIL  TANKS,  AND
SUBDIVISION THIRTEEN OF SECTION THREE HUNDRED SEVENTY-EIGHT OF THE EXEC-
UTIVE LAW, HAVE BEEN COMPLIED WITH.
  4.  FAILURE  TO FILE CERTIFICATION AS OUTLINED IN SUBDIVISION THREE OF
THIS SECTION SHALL BE DEEMED PRIMA FACIE EVIDENCE OF NEGLIGENCE  ON  THE
PART  OF  THE  GAS  CORPORATION,  ELECTRIC CORPORATION, UTILITY COMPANY,
AND/OR CONTRACTOR INSTALLING AND/OR CONVERTING THE HOME HEATING  SYSTEM,
AND SUCH CONTRACTOR OR PERSON SHALL BE LIABLE FOR ANY FINES, DAMAGES, OR
INJURY CAUSED FROM DELIVERY OF HOME HEATING OIL TO AN IMPROPERLY REMOVED
AND/OR ABANDONED HOME HEATING OIL STORAGE TANK.
  5.  THE  COMMISSIONER  OF THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
SHALL HAVE THE AUTHORITY TO  PROMULGATE  ANY  REGULATIONS  NECESSARY  TO
IMPLEMENT SUBDIVISIONS THREE AND FOUR OF THIS SECTION.
  §  2.  Section 31 of the public service law is amended by adding a new
subdivision 7 to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05518-03-7

A8659A (ACTIVE) - Details

See Senate Version of this Bill:
S646
Law Section:
General Business Law
Laws Affected:
Amd §778-aa, Gen Bus L; amd §378, Exec L
Versions Introduced in 2019-2020 Legislative Session:
A6193, A9056, S637, S3360

A8659A (ACTIVE) - Summary

Relates to home heating system conversion; requires written notice regarding such conversion.

A8659A (ACTIVE) - Bill Text download pdf


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

                                 8659--A

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                            September 1, 2017
                               ___________

Introduced by M. of A. LAVINE -- read once and referred to the Committee
  on  Consumer Affairs and Protection -- recommitted to the Committee on
  Consumer Affairs and Protection in accordance with  Assembly  Rule  3,
  sec.  2  --  committee  discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee

AN ACT to amend the general business  law  and  the  executive  law,  in
  relation to home heating system conversion

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

  Section 1. Subdivision 1 of section 778-aa  of  the  general  business
law,  as added by chapter 129 of the laws of 1996, is amended to read as
follows:
  1. All home improvement contractors as defined in subdivision five  of
section  seven  hundred  seventy  of  this  chapter  or any other person
providing an estimate or engaged in the  installation  of  home  heating
systems  shall  include  in  any  estimate  of the cost of converting an
existing oil home heating system to [either] a natural gas  [or],  elec-
tric  OR ANY OTHER home heating system a separate estimate detailing the
costs related to the closure, abandonment and/or removal of a home heat-
ing oil storage tank. In addition, any person making such estimate shall
also provide a copy of any applicable local law, or if there is no local
law then such person shall provide a written statement to that effect.
  § 2. Section 778-aa of the general business law is amended  by  adding
two new subdivisions 3 and 4 to read as follows:
  3. FOLLOWING THE CONVERSION OF AN EXISTING HOME HEATING SYSTEM FROM AN
OIL  HOME  HEATING  SYSTEM TO AN ALTERNATIVE METHOD OF HOME HEATING, AND
PRIOR TO THE COMMENCEMENT OF THE NEW HOME HEATING SERVICE,  THE  UTILITY
COMPANY, GAS CORPORATION, OR ELECTRIC CORPORATION, AS DEFINED IN SECTION
TWO  OF  THE  PUBLIC SERVICE LAW, OR ANY HOME IMPROVEMENT CONTRACTOR WHO
INSTALLED THE ALTERNATE HOME HEATING SYSTEM, SHALL PROVIDE TO THE  HOME-
OWNER  A  WRITTEN  COPY OF THE NOTICE CREATED BY THE DEPARTMENT OF STATE

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