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



              

                            
 
                     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
              

 S. 646--A                           2
 
   § 2. Section 31 of the public service law is amended by adding  a  new
 subdivision 7 to read as follows:
   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.