S T A T E O F N E W Y O R K
________________________________________________________________________
7986
I N S E N A T E
March 16, 2018
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Introduced by Sen. TEDISCO -- read twice and ordered printed, and when
printed to be committed 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. (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.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14153-07-8