Senate Bill S7395D

2017-2018 Legislative Session

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

download bill text pdf

Sponsored By

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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Bill Amendments

2017-S7395 - Details

Current Committee:
Assembly Agriculture
Law Section:
Agriculture and Markets Law
Laws Affected:
Amd §192-e, Ag & Mkts L
Versions Introduced in Other Legislative Sessions:
2019-2020: S1495
2021-2022: S1539, S8426

2017-S7395 - 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-S7395 - Sponsor Memo

2017-S7395 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7395
 
                             I N  S E N A T E
 
                             January 12, 2018
                                ___________
 
 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. 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 AND DEVICES AND ASSOCIATED  PIPE-
 LINES  OPERATING OFF OF 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.
   ANY PERSON, FIRM, LIMITED LIABILITY COMPANY OR CORPORATION WHO  FILLS,
 REFILLS  OR  OTHERWISE DELIVERS LIQUEFIED PETROLEUM GAS PURSUANT TO THIS
 SUBDIVISION SHALL NOT CHARGE ANY EMERGENCY FILLING, REFILLING OR  DELIV-
 ERY FEES IN ADDITION TO ANY STANDARD FILLING, REFILLING OR DELIVERY FEE.
   § 2. This act shall take effect immediately.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14153-03-8



              

co-Sponsors

2017-S7395A - Details

Current Committee:
Assembly Agriculture
Law Section:
Agriculture and Markets Law
Laws Affected:
Amd §192-e, Ag & Mkts L
Versions Introduced in Other Legislative Sessions:
2019-2020: S1495
2021-2022: S1539, S8426

2017-S7395A - 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-S7395A - Sponsor Memo

2017-S7395A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7395--A
 
                             I N  S E N A T E
 
                             January 12, 2018
                                ___________
 
 Introduced  by  Sen. TEDISCO -- read twice and ordered printed, and when
   printed to be committed 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14153-10-8
              

co-Sponsors

2017-S7395B - Details

Current Committee:
Assembly Agriculture
Law Section:
Agriculture and Markets Law
Laws Affected:
Amd §192-e, Ag & Mkts L
Versions Introduced in Other Legislative Sessions:
2019-2020: S1495
2021-2022: S1539, S8426

2017-S7395B - 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-S7395B - Sponsor Memo

2017-S7395B - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7395--B
 
                             I N  S E N A T E
 
                             January 12, 2018
                                ___________
 
 Introduced  by Sens. TEDISCO, VALESKY -- read twice and ordered printed,
   and when printed to be committed to the Committee  on  Agriculture  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee -- 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  THE  ENTITY  HAS  APPROPRIATE  LIABILITY INSURANCE EQUAL TO OR
 GREATER THAN ONE MILLION DOLLARS, AND SUCH CYLINDER, CONTAINER OR RECEP-
 TACLE AND DEVICES AND ASSOCIATED PIPELINES OPERATING OFF OF SUCH  CYLIN-
 DER,  CONTAINER,  OR  RECEPTACLE  HAS  BEEN  INSPECTED  AND CERTIFIED AS
 REQUIRED BY LAW OR REGULATION BY THE SUCCEEDING ENTITY AND THE  SUCCEED-
 ING  ENTITY  ASSUMES ALL LIABILITY THAT MAY RESULT FROM IMPROPER FILLING
 AND TESTING OF THE FACILITY, WHEN:
   (I) A RESIDENTIAL HEATING OR ELECTRIC GENERATOR CONSUMER HAS ACTED  IN
 GOOD  FAITH  UNDER AN EXISTING CONTRACT TO PROCURE DELIVERY OF LIQUEFIED
 PETROLEUM GAS FROM THE OWNER OF  A  LIQUEFIED  PETROLEUM  GAS  CYLINDER,
 CONTAINER  OR  RECEPTACLE,  BUT HAS NOT RECEIVED LIQUEFIED PETROLEUM GAS
 WITHIN TWENTY-FOUR HOURS OF AN INITIAL REQUEST; 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; OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

co-Sponsors

2017-S7395C - Details

Current Committee:
Assembly Agriculture
Law Section:
Agriculture and Markets Law
Laws Affected:
Amd §192-e, Ag & Mkts L
Versions Introduced in Other Legislative Sessions:
2019-2020: S1495
2021-2022: S1539, S8426

2017-S7395C - 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-S7395C - Sponsor Memo

2017-S7395C - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7395--C
 
                             I N  S E N A T E
 
                             January 12, 2018
                                ___________
 
 Introduced  by Sens. TEDISCO, VALESKY -- read twice and ordered printed,
   and when printed to be committed to the Committee  on  Agriculture  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee -- committee discharged,  bill  amended,
   ordered  reprinted  as  amended  and  recommitted to said committee --
   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  THE  ENTITY  HAS  APPROPRIATE  LIABILITY INSURANCE EQUAL TO OR
 GREATER THAN ONE MILLION DOLLARS, AND SUCH CYLINDER, CONTAINER OR RECEP-
 TACLE AND DEVICES AND ASSOCIATED PIPELINES OPERATING OFF OF SUCH  CYLIN-
 DER,  CONTAINER,  OR  RECEPTACLE  HAS  BEEN  INSPECTED  AND CERTIFIED AS
 REQUIRED BY LAW OR REGULATION BY THE SUCCEEDING ENTITY AND THE  SUCCEED-
 ING  ENTITY  ASSUMES ALL LIABILITY THAT MAY RESULT FROM IMPROPER FILLING
 AND TESTING OF THE FACILITY, WHEN:
   (I) A RESIDENTIAL HEATING OR ELECTRIC GENERATOR CONSUMER HAS ACTED  IN
 GOOD  FAITH  UNDER AN EXISTING CONTRACT TO PROCURE DELIVERY OF LIQUEFIED
 PETROLEUM GAS FROM THE OWNER OF  A  LIQUEFIED  PETROLEUM  GAS  CYLINDER,
 CONTAINER  OR  RECEPTACLE,  BUT HAS NOT RECEIVED LIQUEFIED PETROLEUM GAS
 WITHIN TWENTY-FOUR HOURS OF AN INITIAL REQUEST; AND
   (II) A FEDERAL, STATE OR LOCAL STATE OF EMERGENCY HAS  BEEN  DECLARED;
 OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14153-15-8
              

co-Sponsors

2017-S7395D (ACTIVE) - Details

Current Committee:
Assembly Agriculture
Law Section:
Agriculture and Markets Law
Laws Affected:
Amd §192-e, Ag & Mkts L
Versions Introduced in Other Legislative Sessions:
2019-2020: S1495
2021-2022: S1539, S8426

2017-S7395D (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-S7395D (ACTIVE) - Sponsor Memo

2017-S7395D (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7395--D
 
                             I N  S E N A T E
 
                             January 12, 2018
                                ___________
 
 Introduced  by Sens. TEDISCO, VALESKY -- read twice and ordered printed,
   and when printed to be committed to the Committee  on  Agriculture  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee -- committee discharged,  bill  amended,
   ordered  reprinted  as  amended  and  recommitted to said committee --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted  to  said committee -- 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. This act shall be known and may be cited  as  the  "propane
 consumer emergency act".
   §  2.  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 THE ENTITY HAS APPROPRIATE  LIABILITY  INSURANCE  EQUAL  TO  OR
 GREATER THAN ONE MILLION DOLLARS, AND SUCH CYLINDER, CONTAINER OR RECEP-
 TACLE  AND DEVICES AND ASSOCIATED PIPELINES OPERATING OFF OF SUCH CYLIN-
 DER, CONTAINER, OR  RECEPTACLE  HAS  BEEN  INSPECTED  AND  CERTIFIED  AS
 REQUIRED  BY LAW OR REGULATION BY THE SUCCEEDING ENTITY AND THE SUCCEED-
 ING ENTITY ASSUMES ALL LIABILITY THAT MAY RESULT FROM  IMPROPER  FILLING
 AND TESTING OF THE FACILITY, WHEN:
   (I)  A RESIDENTIAL HEATING OR ELECTRIC GENERATOR CONSUMER HAS ACTED IN
 GOOD FAITH UNDER AN EXISTING CONTRACT TO PROCURE DELIVERY  OF  LIQUEFIED
 PETROLEUM  GAS  FROM  THE  OWNER  OF A LIQUEFIED PETROLEUM GAS CYLINDER,
 CONTAINER OR RECEPTACLE, BUT HAS NOT RECEIVED  LIQUEFIED  PETROLEUM  GAS
 WITHIN TWENTY-FOUR HOURS OF AN INITIAL REQUEST; AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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