Assembly Bill A6825A

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6825--A
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 14, 2025
                                ___________
 
 Introduced  by M. of A. WOERNER -- read once and referred to the Commit-
   tee 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 fees
   related to liquified petroleum

   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  five  new  subdivisions  10,  11,  12,  13 and 14 to read as
 follows:
   10. A SELLER SHALL NOT MISREPRESENT THE NATURE OF ANY FEE, NOR COLLECT
 FROM A CONSUMER:
   (A) A SPECIAL USAGE FEE THAT IS GREATER THAN A NOMINAL VALUE. FOR  THE
 PURPOSES  OF  THIS SECTION, "SPECIAL USAGE FEE" SHALL MEAN A FEE CHARGED
 TO A CONSUMER FOR USING LESS THAN THE MINIMUM AMOUNT OF LIQUIFIED PETRO-
 LEUM GAS AS ESTABLISHED BY THE SELLER. NO SPECIAL  USAGE  FEE  SHALL  BE
 CHARGED EXCEPT FOR WHEN: (I) THE CONSUMER'S USAGE OF LIQUIFIED PETROLEUM
 GAS  IS  LOW  ENOUGH THAT THE SELLER WOULD OTHERWISE BE UNABLE TO MAKE A
 REASONABLE RETURN ON INVESTMENT FOR PROVIDING  LIQUIFIED  PETROLEUM  GAS
 SERVICE  TO THAT CONSUMER; (II) THE SPECIAL USAGE FEE SHALL BE DISCLOSED
 IN THE CONTRACT BETWEEN  THE  SELLER  AND  THE  CONSUMER;  AND  (III)  A
 DESCRIPTION OF THE FEE SHALL BE PROVIDED ON THE CONSUMER'S BILL PURSUANT
 TO SUBDIVISION TWELVE OF THIS SECTION;
   (B)  A  FEE FOR LIQUIFIED PETROLEUM GAS THAT IS NOT ACTUALLY DELIVERED
 TO A CONSUMER;
   (C) A FEE THAT IS NOT DISCLOSED IN THE CONTRACT BETWEEN THE SELLER AND
 THE CONSUMER RELATED TO TERMINATION OF LIQUIFIED PETROLEUM  GAS  SERVICE
 AT  THE  AGREED UPON END OF CONTRACT BETWEEN THE SELLER AND THE CONSUMER
 THAT IS GREATER THAN THE COST OF LABOR ASSOCIATED WITH  THE  TERMINATION
 OF SERVICE, INCLUDING A FEE THAT IS GREATER THAN THE COST OF LABOR TO:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05380-03-5
 A. 6825--A                          2
              

 
   (I)  REMOVE  THE  SELLER'S LIQUIFIED PETROLEUM GAS TANK FROM THE PREM-
 ISES;
   (II) PUMP OUT OR RESTOCK LIQUIFIED PETROLEUM GAS; OR
   (III) TERMINATE SERVICE;
   (D)  A  FEE  RELATED TO TERMINATION OF LIQUIFIED PETROLEUM GAS SERVICE
 PRIOR TO THE AGREED UPON END OF A CONTRACT BETWEEN THE  SELLER  AND  THE
 CONSUMER, THAT IS (I) GREATER THAN A NOMINAL VALUE, OR (II) GREATER THAN
 THE COST OF LABOR;
   (E)  A  TANK  RENTAL  FEE FOR ANY PERIOD OF TIME AFTER THE SERVICE HAS
 BEEN DISCONNECTED BY THE SELLER OR THE CONSUMER HAS NOTIFIED THE  SELLER
 THAT THE SELLER'S EQUIPMENT IS NO LONGER CONNECTED;
   (F)  ANY  AMOUNTS  FOR THE REPAIR OF EQUIPMENT OR FOR ANY SPECIAL TRIP
 RELATED TO THE REPAIR OF EQUIPMENT IF THE EQUIPMENT OWNED  BY  A  SELLER
 MALFUNCTIONS  THROUGH  NO FAULT OF A CONSUMER OR OTHER PERSON AUTHORIZED
 TO BE ON THE PREMISES;
   (G) A DELIVERY FEE IF THE SELLER FAILS TO MAKE A DELIVERY  THROUGH  NO
 FAULT  OF  THE CONSUMER AND THE CONSUMER RUNS OUT OF LIQUIFIED PETROLEUM
 GAS AS A RESULT; OR
   (H) A FEE, THE BASIS OF WHICH IS NOT  COMPLIANT  WITH  ANY  APPLICABLE
 STATUTE OR RULE.
   11.  A  SELLER SHALL PROVIDE A REBATE TO A CONSUMER EQUAL TO THE PRICE
 PAID BY THAT CONSUMER FOR LIQUIFIED PETROLEUM GAS THAT IS REMOVED FROM A
 LIQUIFIED PETROLEUM GAS TANK BY THE SELLER AND RESOLD.
   12. A SELLER OF LIQUIFIED PETROLEUM GAS SHALL PROVIDE ON EACH  BILL  A
 DESCRIPTION OF THE NATURE AND PURPOSE OF EACH FEE THAT IS BEING CHARGED.
   13.  THE FISCAL IMPACT OF BEING COMPLIANT WITH ANY GOVERNMENTAL, REGU-
 LATORY, OR ENVIRONMENTAL REQUIREMENT SHALL NOT  BE  BORNE  BY  LIQUIFIED
 PETROLEUM  GAS  CONSUMERS  AND SHALL NOT BE ADDED TO BILLS RENDERED BY A
 COMPANY SELLING LIQUIFIED PETROLEUM GAS; PROVIDED,  HOWEVER,  THAT  THIS
 SUBDIVISION  SHALL  NOT LIMIT THE PER-GALLON PRICE CHARGED BY SELLERS OR
 PROHIBIT COLLECTION OF ANY TAX ALLOWABLE UNDER STATE LAW.
   14. THE ATTORNEY  GENERAL  SHALL  HAVE  JURISDICTION  TO  ENFORCE  THE
 PROVISIONS  OF THIS SECTION IN ACCORDANCE WITH THE POWERS GRANTED TO THE
 ATTORNEY GENERAL BY SECTION SIXTY-THREE OF THE EXECUTIVE LAW.
   § 2. This act shall take effect immediately.