S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1434
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 15, 2019
                                ___________
 
 Introduced  by  M.  of  A. SANTABARBARA, STECK, D'URSO, RIVERA, BRONSON,
   WALSH -- read once and referred 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06460-02-9
              

 A. 1434                             2
 
   (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.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1434--A
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 15, 2019
                                ___________
 
 Introduced  by  M.  of  A. SANTABARBARA, STECK, D'URSO, RIVERA, BRONSON,
   WALSH -- read once and referred 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 two new subdivisions 6-a and 6-b to read as follows:
   6-A. A. DEFINITIONS. FOR THE PURPOSES OF THIS SUBDIVISION:
   (I) "LIQUEFIED PETROLEUM GAS TANK" SHALL MEAN A CYLINDER, CONTAINER OR
 RECEPTACLE, FIXED IN PLACE, THAT IS INTENDED TO BE USED TO STORE  LIQUE-
 FIED  PETROLEUM  GAS  FOR THE PURPOSE OF HEATING, OR GENERATING ELECTRIC
 POWER, FOR A RESIDENTIAL CUSTOMER;
   (II) "QUALIFYING EMERGENCY" SHALL MEAN:
   (A) A FEDERAL, STATE OR LOCAL STATE OF EMERGENCY HAS BEEN DECLARED, OR
 FEDERAL OR STATE AUTHORITIES HAVE GRANTED A WAIVER FROM  HOURS-OF-OPERA-
 TIONS LIMITATIONS AFFECTING LIQUEFIED PETROLEUM GAS DELIVERIES; OR
   (B)  SEVERE  WEATHER  OR ANY OTHER SIMILAR CIRCUMSTANCE EXIST THAT MAY
 RESULT IN AN INDIVIDUAL BEING PLACED IN  IMMINENT  DANGER  OF  DEATH  OR
 INJURY,  OR MAY RESULT IN A BUILDING STRUCTURE AND/OR ITS FIXTURES BEING
 AT RISK OF SIGNIFICANT DAMAGE DUE TO LACK OF RESIDENTIAL HEAT CAUSED  BY
 THE  LACK  OF  SUFFICIENT LIQUIFIED PETROLEUM GAS TO PRODUCE RESIDENTIAL
 HEAT;
   (III) "REGULAR SUPPLIER" SHALL MEAN A PERSON, FIRM, LIMITED  LIABILITY
 COMPANY  OR  CORPORATION  THAT  OWNS  A LIQUEFIED PETROLEUM GAS TANK AND
 THAT, PURSUANT TO A CURRENT CONTRACT, HAS  AGREED  TO  SUPPLY  LIQUEFIED
 PETROLEUM  GAS  TO  SUCH  TANK  FOR USE BY A RESIDENTIAL CUSTOMER OR THE
 CUSTOMER'S AGENT OR AGENTS; AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06460-03-9
              

 A. 1434--A                          2
 
   (IV) "TEMPORARY EMERGENCY SUPPLIER" SHALL MEAN A PERSON, FIRM, LIMITED
 LIABILITY COMPANY OR CORPORATION THAT FILLS, REFILLS OR OTHERWISE DELIV-
 ERS LIQUEFIED PETROLEUM GAS INTO A LIQUEFIED PETROLEUM GAS TANK IT  DOES
 NOT  OWN,  WHERE  SUCH TANK IS SUBJECT TO AN EXISTING CONTRACT BETWEEN A
 REGULAR SUPPLIER AND THEIR CUSTOMER.
   B.  NOTWITHSTANDING ANY OTHER LAW, RULE OR REGULATION TO THE CONTRARY,
 WHEN, IN THE EVENT OF A QUALIFYING EMERGENCY, A RESIDENTIAL CUSTOMER WHO
 HAS A CONTRACT WITH A REGULAR SUPPLIER TO FILL A LIQUEFIED PETROLEUM GAS
 TANK REASONABLY BELIEVES THE AMOUNT OF LIQUEFIED PETROLEUM  GAS  IN  THE
 TANK  WILL  BE  INSUFFICIENT  TO  MEET THE CUSTOMER'S HEATING NEEDS, THE
 CUSTOMER SHALL MAKE A GOOD FAITH EFFORT TO PROCURE DELIVERY OF LIQUEFIED
 PETROLEUM GAS FROM SUCH REGULAR SUPPLIER. IF  THE  REGULAR  SUPPLIER  IS
 UNABLE TO MAKE A SCHEDULED DELIVERY OR FULFILL THE CUSTOMER'S GOOD FAITH
 REQUEST  FOR  DELIVERY  WITHIN  TWENTY-FOUR  HOURS, THE REGULAR SUPPLIER
 SHALL ENGAGE A TEMPORARY EMERGENCY SUPPLIER TO MAKE  SUCH  DELIVERY  AND
 AUTHORIZE  THE TEMPORARY EMERGENCY SUPPLIER TO DO SO. IF NO DELIVERY HAS
 BEEN MADE WITHIN TWENTY-FOUR HOURS AFTER SUCH CUSTOMER'S INITIAL REQUEST
 THEN THE REGULAR SUPPLIER IS DEEMED TO HAVE GIVEN ANY TEMPORARY SUPPLIER
 AUTHORIZATION TO FILL, REFILL, OR OTHERWISE DELIVER LIQUEFIED  PETROLEUM
 GAS  INTO THE REGULAR SUPPLIER'S TANK WHEN THE QUALIFIED EMERGENCY IS IN
 EFFECT AND THE CUSTOMER  MAY  ARRANGE  TO  HAVE  A  TEMPORARY  EMERGENCY
 SUPPLIER  FILL, REFILL OR OTHERWISE DELIVER LIQUEFIED PETROLEUM GAS INTO
 SUCH LIQUEFIED PETROLEUM GAS TANK, PROVIDED  THAT  SUCH  TANK,  AND  THE
 DEVICES  AND  PIPELINES OPERATED IN CONNECTION WITH SUCH TANK, HAVE BEEN
 INSPECTED AND CERTIFIED AS REQUIRED BY  LAW  AND  ALL  APPLICABLE  REGU-
 LATIONS.
   C.  WHEN  A  TEMPORARY EMERGENCY SUPPLIER DELIVERS LIQUEFIED PETROLEUM
 GAS TO A RESIDENTIAL CUSTOMER PURSUANT TO THIS SUBDIVISION, NEITHER SUCH
 TEMPORARY EMERGENCY SUPPLIER NOR SUCH CUSTOMER'S  REGULAR  SUPPLIER  MAY
 CHARGE  ANY  PENALTY  OR  FEE  IN  ADDITION TO ANY FILLING, REFILLING OR
 DELIVERY FEES THAT ARE USUALLY CHARGED TO OTHER CUSTOMERS IN THE  COURSE
 OF  BUSINESS UNDER CIRCUMSTANCES WHEN PARAGRAPH B OF THIS SUBDIVISION IS
 NOT APPLICABLE.
   D. ANY CONTRACT EXECUTED SUBSEQUENT TO  THE  EFFECTIVE  DATE  OF  THIS
 SUBDIVISION  FOR  THE SUPPLY OF LIQUEFIED PETROLEUM GAS TO A RESIDENTIAL
 CUSTOMER SHALL INCLUDE PROVISIONS RELATING TO DELIVERY AND FEES PURSUANT
 TO PARAGRAPHS B AND C OF THIS SUBDIVISION IF APPLICABLE.
   E. NOTHING IN THIS SUBDIVISION SHALL BE DEEMED TO RESTRICT A LIQUEFIED
 PETROLEUM GAS CUSTOMER WHO OWNS A  LIQUEFIED  PETROLEUM  GAS  TANK  FROM
 PROCURING SUCH GAS FROM ANY SUPPLIER.
   6-B.  THE  COMMISSIONER,  IN  COOPERATION  WITH THE DEPARTMENT OF LAW,
 SHALL DEVELOP A "PROPANE CONSUMER BILL OF RIGHTS" CONSISTENT  WITH  THIS
 SECTION  TO ADDRESS THE RIGHTS OF CONSUMERS WHO ENTER INTO CONTRACTS FOR
 THE PROVISION AND DELIVERY OF LIQUEFIED  PETROLEUM  GAS,  INCLUDING  THE
 RIGHT  OF  CUSTOMERS  TO PURCHASE LIQUEFIED PETROLEUM GAS FROM TEMPORARY
 SUPPLIERS PURSUANT TO SUBDIVISION SIX-A OF THIS SECTION.  SUCH  BILL  OF
 RIGHTS SHALL BE PROVIDED BY EVERY REGULAR SUPPLIER OF LIQUEFIED PETROLE-
 UM  GAS  TO  THE CONSUMER WHEN A CONTRACT IS EXECUTED, AND THEN ANNUALLY
 WHILE A CONTRACT REMAINS IN EFFECT AND THE DEPARTMENT  SHALL  POST  SUCH
 BILL OF RIGHTS ON ITS WEBSITE.
   §  2.  The commissioner of agriculture and markets shall develop regu-
 lations consistent with subdivisions six-a and six-b of section 192-e of
 the agriculture and markets law for the implementation  thereof  includ-
 ing,  but  not  limited  to, the responsibilities of temporary emergency
 suppliers and regular suppliers for the  safe  inspection,  testing  and

 A. 1434--A                          3
 
 filling  of liquefied petroleum gas tanks, and any devices and pipelines
 operated in connection with such tanks, pursuant to such subdivisions.
   § 3. This act shall take effect on the one hundred twentieth day after
 it  shall  have  become  a law; provided, however that the provisions of
 this act shall take effect immediately upon the occurrence of a qualify-
 ing emergency for any customer residing within the geographic limits  of
 such qualifying emergency as declared by federal, state or local author-
 ities  or as otherwise determined by federal or state authorities or the
 commissioner; and provided that  the  commissioner  of  agriculture  and
 markets  shall  notify the legislative bill drafting commission upon the
 occurrence of a  qualifying  emergency,  if  such  qualifying  emergency
 occurs within the first 120 days after this act shall have become a law,
 in  order that the commission may maintain an accurate and timely effec-
 tive data base of the official text of the laws of the state of New York
 in furtherance of effectuating the  provisions  of  section  44  of  the
 legislative  law  and section 70-b of the public officers law. Effective
 immediately the addition, amendment and/or repeal of any rule  or  regu-
 lation  necessary  for  the  implementation of this act on its effective
 date are authorized to be made and completed on or before such date.