NY State Senate Bill S8426

Archive: Last Bill Status Via A1451 - Signed by Governor

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed by Governor

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Actions

view actions (12)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 08, 2022	approval memo.35 signed chap.663
Dec 02, 2022	delivered to governor
Jun 02, 2022	returned to assembly passed senate 3rd reading cal.982 substituted for s8426
Jun 02, 2022	substituted by a1451a
May 05, 2022	advanced to third reading
May 04, 2022	2nd report cal.
May 03, 2022	1st report cal.982
Feb 28, 2022	referred to agriculture

Votes

view votes

Jun 2, 2022 - floor Vote

A1451A

floor

Aye

Nay

Absent

Excused

Abstained

May 3, 2022 - Agriculture committee Vote

S8426

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

show Agriculture committee vote details

Agriculture Committee Vote: May 3, 2022

aye (5)

nay (2)

aye wr (2)

S8426 (ACTIVE) - Details

See Assembly Version of this Bill:: A1451
Law Section:: Agriculture and Markets Law
Laws Affected:: Amd §192-e, Ag & Mkts L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S7395, A8940
2019-2020: S1495, A1434

S8426 (ACTIVE) - Summary

Authorizes the delivery of liquefied petroleum gas in times of emergency.

S8426 (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S8426

SPONSOR: SKOUFIS
 
TITLE OF BILL:

An act to amend the agriculture and markets law, in relation to author-
izing the delivery of liquefied petroleum gas in times of emergency

 
PURPOSE:

To allow homeowners leasing LPG containers to receive emergency deliv-
eries from any suppliers during times of urgent need and periods of high
demand when their regular suppliers could not fulfill the request.

 
SUMMARY OF PROVISIONS:

Section 1: Defines:

(i) liquefied petroleum gas tank as storing LPG for residential heating
or electric generation;

(ii) qualifying emergency as:

(a) a declared federal, state or local state of emergency or a federal
or state waiver from hours-of-operation for LPG deliveries; or

(b) severe weather or similar circumstances placing an individual in
imminent danger of death or injury of their residence at risk of signif-
icant damage if their residence lacks heat because of insufficient
propane supply.

(iii) regular supplier as a propane supplier that owns the customer's
tank and has an exclusive contract to supply propane; and

(iv) temporary emergency supplier as a propane supplier that supplies
propane to a customer's tank it does not own.

The bill provides, during a qualifying emergency, that a customer
running low on propane who reasonably believes their supply is insuffi-
cient to meet their heating needs may purchase propane from any tempo-
rary emergency supplier if the customer makes a good faith effort to
purchase the propane from their regular supplier, but the regular
supplier cannot or will not make a delivery and does not send a tempo-
rary supplier to make the delivery within.24 hours. All regular safety
inspections and testing would need to be done before any refilling
occurred.

The bill specifies that neither the regular or temporary emergency
supplier may charge additional fees or penalties during qualifying emer-
gencies that they don't charge when qualifying emergencies are not in
effect.

Customers who own their own propane tank would continue to have the
right to have it filled by any supplier.

After the bill becomes law, new contracts for supplying propane must
include provisions related to this bill.


The bill would require the Commissioner of Agriculture and Markets and
the Attorney General to develop a propane consumer bill of rights to
explain the requirements of this law and the bill of rights would be
provided to customers who sign contracts and would be posted on the
Department of Agriculture and Markets website.

Section 2 requires that the Commissioner develop regulations for imple-
mentation including the responsibilities of temporary and regular
suppliers for safe inspection, testing and filling of tanks.

Section 3: Effective Date.

 
JUSTIFICATION:

Most propane gas companies own all equipment, including the tanks and
regulators, and simply lease to the homeowners as. A cost savings and as
part of that agreement they are the only supplier permitted to deliver
gas to the tanks. Customers that own their tanks are able to choose from
multiple suppliers and can change each delivery. This also allows them
to also get better prices. Unfortunately, during storms or other
catastrophic events, homeowners are at the mercy of their propane
providers' schedule for refills. Some propane companies do not always
work during these times and have to decide whether to place their resi-
dential customers' needs before their commercial customers.

This new legislation will allow homeowners leasing tanks to choose from
multiple suppliers if their contracted supplier cannot meet their good
faith request for gas delivery in a timely manner during times of urgent
need and periods of high demand that could result in imminent danger of
death or injury or damage to their residence due to exposure to such
extreme temperatures without the delivery of propane.

To fill an LPG tank, all required inspections and certifications must be
complete and up to date. According to state law, an LPG tank must be
inspected 12 years after it is manufactured and then every 5 years after
that.

 
LEGISLATIVE HISTORY:

2017-18: A8940A.- passed Assembly/S7986 - referred to agriculture

2019-20: A1334B -passed Assembly/S6111A - passed Senate

 
FISCAL IMPLICATIONS:

Undetermined.

 
EFFECTIVE DATE:
This act shall take effect in 120 days provided, however, if there is a
federal, state or local qualifying emergency before that date the bill
would. take effect immediately for the region where the emergency was
declared.

S8426 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8426
 
                             I N  S E N A T E
 
                             February 28, 2022
                                ___________
 
 Introduced  by  Sen. SKOUFIS -- 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 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
   (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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03938-02-1

 S. 8426                             2
 
   B. NOTWITHSTANDING ANY OTHER LAW, RULE OR REGULATION TO THE  CONTRARY,
 WHEN A QUALIFYING EMERGENCY IS IN EFFECT, 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  THEIR
 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, DIRECTLY OR THROUGH ANOTHER SUPPLIER, FOR DELIVERY WITHIN TWEN-
 TY-FOUR  HOURS,  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 THE TEMPORARY EMERGENCY
 SUPPLIER  ENSURES 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 REGULATIONS.
   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
 filling  of liquefied petroleum gas tanks, and any devices and pipelines
 operated in connection with such tanks, pursuant  to  such  subdivisions
 and  the  need  for  appropriate  liability  insurance coverage for such
 suppliers.
   § 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
 S. 8426                             3
 
 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.

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The New York State Senate

senate Bill S8426

Sponsored By

Archive: Last Bill Status Via A1451 - Signed by Governor

Your Voice

Actions

Votes

Jun 2, 2022 - floor Vote

Floor Vote: Jun 2, 2022

May 3, 2022 - Agriculture committee Vote

Agriculture Committee Vote: May 3, 2022

S8426 (ACTIVE) - Details

S8426 (ACTIVE) - Summary

S8426 (ACTIVE) - Sponsor Memo

S8426 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S8426

Share this bill

Sponsored By

James Skoufis

Archive: Last Bill Status Via A1451 - Signed by Governor

Your Voice

Actions

Votes

Jun 2, 2022 - floor Vote

Floor Vote: Jun 2, 2022

May 3, 2022 - Agriculture committee Vote

Agriculture Committee Vote: May 3, 2022

S8426 (ACTIVE) - Details

S8426 (ACTIVE) - Summary

S8426 (ACTIVE) - Sponsor Memo

S8426 (ACTIVE) - Bill Text download pdf

Comments