NY State Assembly Bill 2017-A8659A

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

Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	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

Bill Amendments

Original

A (Active)

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

 A. 8659                             2
 
   7. NO APPLICATION FOR SERVICE SHALL BE APPROVED UNLESS THE GAS  CORPO-
 RATION,  ELECTRIC  CORPORATION OR MUNICIPALITY HAS ENSURED AND CERTIFIED
 TO THE COMMISSIONER OF THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION THAT
 ALL LOCAL AND STATE STATUTES AND REGULATIONS  RELATING  TO  ABANDONMENT,
 AND  REMOVAL  AND/OR SEALING OF UNUSED OIL TANKS HAVE BEEN COMPLIED WITH
 PURSUANT TO SECTION SEVEN HUNDRED SEVENTY-EIGHT-AA OF THE GENERAL  BUSI-
 NESS LAW.
   § 3. This act shall take effect immediately and shall be applicable to
 all  pipes  and tanks newly installed or replaced on or after the effec-
 tive date of this act.

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.

                                                            LBD05518-05-8

 A. 8659--A                          2
 
 PURSUANT TO SUBDIVISION FOUR OF THIS SECTION, IN NO LESS THAN  14  POINT
 BOLD  TYPE  AND  SEPARATE  FORM FROM ANY OTHER DOCUMENT PROVIDED TO SUCH
 HOMEOWNER. THE DEPARTMENT OF STATE SHALL HAVE THE AUTHORITY  TO  PROMUL-
 GATE  ANY  RULES OR REGULATIONS NECESSARY TO IMPLEMENT THE PROVISIONS OF
 THIS SUBDIVISION.
   4. THE DEPARTMENT OF STATE SHALL CREATE  AND  MAKE  AVAILABLE  TO  THE
 PUBLIC ON THE DEPARTMENT'S WEBSITE A NOTICE INFORMING HOMEOWNERS WHO ARE
 CONVERTING  THEIR  EXISTING  OIL  HOME  HEATING SYSTEM TO AN ALTERNATIVE
 METHOD OF HOME HEATING OF THE  PROVISIONS  OF  SUBDIVISION  THIRTEEN  OF
 SECTION THREE HUNDRED SEVENTY-EIGHT OF THE EXECUTIVE LAW, IN ADDITION TO
 ANY  OTHER  STATE  LAWS,  RULES,  OR REGULATIONS RELATED TO THE CLOSURE,
 ABANDONMENT, AND/OR REMOVAL OF A HEATING  OIL  STORAGE  TANK,  INCLUDING
 FILL  AND  VENT  PIPES  AND  OTHER RELATED MATERIALS AND EQUIPMENT. SUCH
 NOTICE SHALL INCLUDE A REQUIREMENT THAT THE HOMEOWNER MUST PROVIDE WRIT-
 TEN NOTICE TO HIS OR HER  HOME  HEATING  OIL  SUPPLIER  TO  INFORM  SUCH
 SUPPLIER  OF  SUCH  CONVERSION PRIOR TO THE COMMENCEMENT OF THE NEW HOME
 HEATING SERVICE, AND SHALL ALSO ADVISE THE HOMEOWNER THAT THERE  MAY  BE
 OTHER LOCAL LAWS RELATED TO SUCH CONVERSION.
   §  3. Subdivision 13 of section 378 of the executive law is amended by
 adding a new paragraph h to read as follows:
   H. THE PROPERTY OWNER SHALL PROVIDE WRITTEN NOTICE TO HIS OR HER  HOME
 HEATING  OIL  SUPPLIER OR SUPPLIERS TO INFORM THEM OF SUCH CONVERSION TO
 AN ALTERNATE FUEL PRIOR TO THE COMMENCEMENT  OF  THE  NEW  HOME  HEATING
 SERVICE.
   §  4.  This  act shall take effect on the ninetieth day after it shall
 have become a law; provided, however, that  effective  immediately,  the
 addition,  amendment,  and/or repeal of any rule or regulation necessary
 for the implementation of this act on its effective date are  authorized
 and directed to be made and completed on or before such date.

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