NY State Senate Bill 2019-S637

Senate Bill S637

2019-2020 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 - Stricken

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
Feb 04, 2019	recommit, enacting clause stricken
Jan 09, 2019	referred to consumer protection

2019-S637 (ACTIVE) - Details

Law Section:: General Business Law
Laws Affected:: Amd §778-aa, Gen Bus L; amd §378, Exec L
Versions Introduced in 2017-2018 Legislative Session:: S646

2019-S637 (ACTIVE) - Summary

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

2019-S637 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S637

SPONSOR: BOYLE
 
TITLE OF BILL:  An act to amend the general business law and the exec-
utive law, in relation to home heating system conversion

 
PURPOSE OR GENERAL IDEA OF BILL:

Would require utility companies or contractors to certify that all parts
of the building and fire codes relating to oil tanks have been satis-
fied.

 
SUMMARY:

Section 1. Requiring contractors to provide conversion estimates for any
other home heating system not delineated in this section.

Section 2. Requires written notice be provided to the homeowner by the
contractor following the conversion of a home heating system.  Requires
department of state to put on their website relevant information regard-
ing notification on their website

Section 3. Requires the property owner to inform the heating oil suppli-
er of any conversion.

Section 4. Effective date.

 
JUSTIFICATION:

This legislation would prevent oil from being delivered to homes that no
longer use oil, but still have an oil intake valve on their property,
which was previously used for oil deliveries. Oil companies have incor-
rectly pumped oil into this intake pipe only to fill basements with
hundreds of gallons of fuel oil. Oil spills of this nature pollute the
environment by poisoning the land, water and vegetation encompassed by
these mistaken acts. Families are forced to move from their homes due to
toxic fumes.

Homes have been severely damaged by trying to clean up these messes,
which include: weakened foundations while removing tainted soil around
the homes which also cracked walls of these homes, holes dug to remove
oil filled with ground water which caused unsafe and dangerous environ-
ments for children and pets, oozing oil from the earth all around the
property has killed vegetation and posed a threat to children and
animals, venting systems had to be installed in basements to filter out
fumes as per DEC regulation.

This legislation would require companies to certify that they have met
all of the state's requirements relating to the abandonment, removal
and/or sealing of unused oil tanks. The cost of environmental clean-up
cost incurred by both the oil companies and the home owners is high.
This legislation will bring accountability and allow for proper enforce-
ment of these building and fire codes.

 
PRIOR LEGISLATIVE HISTORY:

2016: Died in Consumer Protection
06/05/17 PRINT NUMBER 646A
06/18/18 PASSED SENATE
 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
90th day after it shall have become law.

2019-S637 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    637
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 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  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
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD04379-01-9

 S. 637                              2
 
 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.    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  to  be  made  and
 completed on or before such effective date.

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