Do you support this bill?

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

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee

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

2017-A8659 - Details

See Senate Version of this Bill:
S646
Current Committee:
Assembly Consumer Affairs And Protection
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

2017-A8659 - Summary

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

2017-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

2017-A8659A (ACTIVE) - Details

See Senate Version of this Bill:
S646
Current Committee:
Assembly Consumer Affairs And Protection
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

2017-A8659A (ACTIVE) - Summary

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

2017-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.

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.