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Assembly Bill A8940A

2017-2018 Legislative Session

Relates to authorizing the delivery of liquefied petroleum gas in times of emergency

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Archive: Last Bill Status - In Senate Committee Agriculture Committee

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Bill Amendments

2017-A8940 - Details

See Senate Version of this Bill:
S7986
Current Committee:
Senate Agriculture
Law Section:
Agriculture and Markets Law
Laws Affected:
Amd §192-e, Ag & Mkts L
Versions Introduced in Other Legislative Sessions:
2019-2020: A1434, S6111
2021-2022: A1451

2017-A8940 - Summary

Relates to authorizing the delivery of liquefied petroleum gas in times of emergency; authorizes delivery by companies who do not own the cylinder, container or receptacle under certain circumstances provided the cylinder, container or receptacle has been inspected and certified as required by law or regulation.

2017-A8940 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8940
 
                           I N  A S S E M B L Y
 
                              January 8, 2018
                                ___________
 
 Introduced  by  M.  of  A. SANTABARBARA -- read once and referred to the
   Committee on Agriculture
 
 AN ACT to amend the agriculture and markets law, in relation to  author-
   izing the delivery of liquefied petroleum gas in times of emergency
 
   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 6-a to read as follows:
   6-A. NOTWITHSTANDING ANY OTHER LAW, RULE OR REGULATION TO THE  CONTRA-
 RY,  A PERSON, FIRM, LIMITED LIABILITY COMPANY OR CORPORATION WHO IS NOT
 THE OWNER OF A LIQUEFIED PETROLEUM GAS CYLINDER, CONTAINER OR RECEPTACLE
 MAY FILL, REFILL OR OTHERWISE DELIVER LIQUEFIED PETROLEUM GAS INTO  SUCH
 LIQUEFIED  PETROLEUM  GAS  CYLINDER,  CONTAINER OR RECEPTACLE, PROVIDED,
 SUCH CYLINDER, CONTAINER OR RECEPTACLE HAS BEEN INSPECTED AND  CERTIFIED
 AS REQUIRED BY LAW OR REGULATION, WHEN:
   A. A FEDERAL, STATE OR LOCAL STATE OF EMERGENCY HAS BEEN DECLARED; OR
   B. EXTREME TEMPERATURES OR OTHER NATURAL OR MAN-MADE OCCURRENCE PLACES
 INDIVIDUALS  IN  IMMINENT  DANGER  OF DEATH OR INJURY DUE TO EXPOSURE TO
 SUCH EXTREME TEMPERATURES OR OCCURRENCE WITHOUT  THE  DELIVERY  OF  SUCH
 LIQUEFIED PETROLEUM GAS.
   § 2. This act shall take effect immediately.
 
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14153-01-8

co-Sponsors

2017-A8940A (ACTIVE) - Details

See Senate Version of this Bill:
S7986
Current Committee:
Senate Agriculture
Law Section:
Agriculture and Markets Law
Laws Affected:
Amd §192-e, Ag & Mkts L
Versions Introduced in Other Legislative Sessions:
2019-2020: A1434, S6111
2021-2022: A1451

2017-A8940A (ACTIVE) - Summary

Relates to authorizing the delivery of liquefied petroleum gas in times of emergency; authorizes delivery by companies who do not own the cylinder, container or receptacle under certain circumstances provided the cylinder, container or receptacle has been inspected and certified as required by law or regulation.

2017-A8940A (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8940--A
 
                           I N  A S S E M B L Y
 
                              January 8, 2018
                                ___________
 
 Introduced  by  M.  of  A. SANTABARBARA -- read once and referred 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 author-
   izing the delivery of liquefied petroleum gas in times of emergency

   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 6-a to read as follows:
   6-A.  (A)  NOTWITHSTANDING  ANY  OTHER  LAW, RULE OR REGULATION TO THE
 CONTRARY, A PERSON, FIRM, LIMITED LIABILITY COMPANY OR  CORPORATION  WHO
 IS  NOT  THE  OWNER  OF A LIQUEFIED PETROLEUM GAS CYLINDER, CONTAINER OR
 RECEPTACLE MAY FILL, REFILL OR OTHERWISE DELIVER LIQUEFIED PETROLEUM GAS
 INTO SUCH LIQUEFIED PETROLEUM GAS  CYLINDER,  CONTAINER  OR  RECEPTACLE,
 PROVIDED, SUCH CYLINDER, CONTAINER OR RECEPTACLE AND DEVICES AND ASSOCI-
 ATED  PIPELINES OPERATING OFF OF SUCH CYLINDER, CONTAINER, OR RECEPTACLE
 HAS BEEN INSPECTED AND CERTIFIED AS REQUIRED BY LAW OR REGULATION, WHEN:
   (I) A CONSUMER HAS ACTED IN GOOD FAITH UNDER AN EXISTING  CONTRACT  TO
 PROCURE  DELIVERY  OF LIQUEFIED PETROLEUM GAS FROM THE OWNER OF A LIQUE-
 FIED PETROLEUM GAS  CYLINDER,  CONTAINER  OR  RECEPTACLE,  BUT  HAS  NOT
 RECEIVED LIQUEFIED PETROLEUM GAS IN A REASONABLE TIME; AND
   (II)  A  FEDERAL, STATE OR LOCAL STATE OF EMERGENCY HAS BEEN DECLARED;
 OR
   (III) SEVERE WEATHER OR ANY OTHER SIMILAR CIRCUMSTANCES MAY RESULT  IN
 INDIVIDUALS BEING PLACED IN IMMINENT DANGER OF DEATH OR INJURY OR BUILD-
 ING STRUCTURES AND/OR ITS FIXTURES AT RISK OF SIGNIFICANT DAMAGE.
   (B)  ANY  PERSON,  FIRM,  LIMITED LIABILITY COMPANY OR CORPORATION WHO
 FILLS, REFILLS OR OTHERWISE DELIVERS LIQUEFIED  PETROLEUM  GAS  OR  OWNS
 SUCH  A GAS CYLINDER, CONTAINER OR RECEPTACLE IS NOT PERMITTED TO CHARGE
 ANY PENALTY OR FEE IN ADDITION TO ANY  STANDARD  FILLING,  REFILLING  OR
 DELIVERY FEE PURSUANT TO THIS SUBDIVISION.
   (C)  NOTHING IN THIS SUBDIVISION SHALL BE DEEMED TO RESTRICT THE OWNER
 OF A LIQUEFIED PETROLEUM GAS  CYLINDER,  CONTAINER  OR  RECEPTACLE  FROM
 PROCURING LIQUEFIED PETROLEUM GAS FROM ANY SELLER.
   § 2. This act shall take effect immediately.

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