senate Bill S646B

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 - Passed Senate


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

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Actions

view actions (11)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 18, 2018 referred to consumer affairs and protection
delivered to assembly
passed senate
ordered to third reading cal.1812
committee discharged and committed to rules
Jun 07, 2018 print number 646b
Jun 07, 2018 amend (t) and recommit to consumer protection
Jan 03, 2018 referred to consumer protection
Jun 05, 2017 print number 646a
Jun 05, 2017 amend (t) and recommit to consumer protection
Jan 04, 2017 referred to consumer protection

S646 - Details

See Assembly Version of this Bill:
A8659
Law Section:
General Business Law
Laws Affected:
Amd §778-aa, Gen Bus L; amd §378, Exec L
Versions Introduced in 2019-2020 Legislative Session:
S637, S3360, A6193

S646 - Summary

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

S646 - Sponsor Memo

S646 - Bill Text download pdf


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

                                   646

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                             January 4, 2017
                               ___________

Introduced  by  Sen.  BOYLE  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Consumer Protection

AN ACT to amend the general business law, in relation to oil delivery

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

  Section 1. The general business law is amended by adding a new section
309 to read as follows:
  §  309.  OIL DELIVERY. 1. EVERY PIPE AND TANK USED FOR THE STORAGE AND
DELIVERY OF HOME HEATING OIL SHALL BE MARKED WITH A  UNIQUE  IDENTIFICA-
TION  NUMBER  OR  BAR CODE AS PRESCRIBED BY THE COMMISSIONER OF ENVIRON-
MENTAL CONSERVATION.
  2. SUCH NUMBER OR BAR CODE SHALL  SERVE  AS  AN  IDENTIFIER  FOR  HOME
DELIVERY  COMPANIES  TO  ENSURE  THAT  SUCH COMPANIES ARE DELIVERING THE
CORRECT AMOUNT OF HOME HEATING OIL AND TO THE CORRECT HOME.
  3. THE COMMISSIONER OF ENVIRONMENTAL CONSERVATION MAY  PROMULGATE  ANY
OTHER  RULES  AND  REGULATIONS  NECESSARY TO CARRY OUT THE PROVISIONS OF
THIS SECTION.
  § 2. 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.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05518-01-7

S646A - Details

See Assembly Version of this Bill:
A8659
Law Section:
General Business Law
Laws Affected:
Amd §778-aa, Gen Bus L; amd §378, Exec L
Versions Introduced in 2019-2020 Legislative Session:
S637, S3360, A6193

S646A - Summary

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

S646A - Sponsor Memo

S646A - Bill Text download pdf


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

                                 646--A

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                             January 4, 2017
                               ___________

Introduced  by  Sen.  BOYLE  -- read twice and ordered printed, and when
  printed to be committed to the Committee  on  Consumer  Protection  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee

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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05518-02-7

S646B (ACTIVE) - Details

See Assembly Version of this Bill:
A8659
Law Section:
General Business Law
Laws Affected:
Amd §778-aa, Gen Bus L; amd §378, Exec L
Versions Introduced in 2019-2020 Legislative Session:
S637, S3360, A6193

S646B (ACTIVE) - Summary

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

S646B (ACTIVE) - Sponsor Memo

S646B (ACTIVE) - Bill Text download pdf


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

                                 646--B

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                             January 4, 2017
                               ___________

Introduced  by  Sen.  BOYLE  -- read twice and ordered printed, and when
  printed to be committed to the Committee  on  Consumer  Protection  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee  --  recommitted  to  the  Committee  on
  Consumer  Protection  in  accordance  with  Senate  Rule  6, sec. 8 --
  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

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

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