Assembly Speaker Carl Heastie and Assemblymember Angelo Santabarbara today announced that the Assembly has passed legislation to ensure that New Yorkers who use propane heat and lease a propane tank from their supplier are able refill propane tanks during times of emergency.

"No one should ever have to worry about being without heat during these cold winter months," said Speaker Heastie. "That is why we have passed legislation to ensure that any individual or family heating their home with propane has options for filling their propane tanks when they need it most."

"While leasing propane tanks from a supplier is often cost effective, it leaves consumers at the mercy of their propane provider's schedule for refills," said Assemblymember Santabarbara, sponsor of the bill. "This winter has already brought about dangerously low and even record-breaking low temperatures. It is simply unacceptable for homes to be left without heat and unable to receive propane deliveries. This legislation ensures that families using propane to heat their homes have access to multiple suppliers when their provider cannot deliver during times of urgent need and the periods of high demand we are currently experiencing."

Under the bill (A.8940-A, Santabarbara), a seller of propane who is not the owner of the propane tank may fill, refill or otherwise deliver propane into such tank provided the tank has been inspected and certified, when:

• a consumer has acted in good faith under an existing contract to procure the propane delivery from the owner of the propane cylinder but has not received propane in a reasonable time; or
• a federal, state or local state of emergency has been declared; or
• severe weather or other circumstances may result in individuals being placed at risk of death or injury or building structures or fixtures are at risk of damage.

Additionally, the legislation forbids the propane supplier from charging any additional fees or penalties for filling the tank and prohibits the companies that own tanks from charging a penalty.