Amd §192-e, Ag & Mkts L (as proposed in S.8426 & A.1451-A)
Requires when delivery is made of liquefied petroleum gas in times of emergency the temporary emergency supplier shall provide written information to the regular supplier; prohibits removing or filling liquefied petroleum gas without consent of the owner.
STATE OF NEW YORK
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844
2023-2024 Regular Sessions
IN SENATE
January 6, 2023
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Introduced by Sen. SKOUFIS -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
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:
1 Section 1. Paragraph b of subdivision 6-a of section 192-e of the
2 agriculture and markets law, as added by a chapter of the laws of 2022
3 amending the agriculture and markets law relating to authorizing the
4 delivery of liquefied petroleum gas in times of emergency, as proposed
5 in legislative bills numbers S. 8426 and A. 1451-A, is amended and a new
6 paragraph f is added to read as follows:
7 b. Notwithstanding any other law, rule or regulation to the contrary,
8 when a qualifying emergency is in effect, a residential customer who has
9 a contract with a regular supplier to fill a liquefied petroleum gas
10 tank reasonably believes the amount of liquefied petroleum gas in their
11 tank will be insufficient to meet the customer's heating needs, the
12 customer shall make a good faith effort to procure delivery of liquefied
13 petroleum gas from such regular supplier. If the regular supplier is
14 unable to make a scheduled delivery or fulfill the customer's good faith
15 request, directly or through another supplier, for delivery within twen-
16 ty-four hours, the customer may arrange to have a temporary emergency
17 supplier fill, refill or otherwise deliver liquefied petroleum gas into
18 such liquefied petroleum gas tank, provided that the temporary emergency
19 supplier ensures that such tank, and the devices and pipelines operated
20 in connection with such tank, have been inspected and certified as
21 required by law and all applicable regulations. The temporary emergency
22 supplier shall assume all liability that may result from the improper
23 filling, inspection, or testing of such tank. The temporary emergency
24 supplier that fills, refills, or otherwise delivers liquified petroleum
25 gas under this subdivision must notify the regular supplier, in written
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04185-01-3
S. 844 2
1 form, within five business days, the customer's name and address, the
2 date and quantity delivered, changes made to the system, if any, and
3 pressure test results, if required.
4 f. In all other circumstances other than those described in this
5 section, it shall not be permissible for any person, firm, limited
6 liability company or corporation to remove or fill any liquified petro-
7 leum gas from a liquified petroleum gas tank, cylinder, container or
8 receptacle without the consent of the owner of such tank, cylinder,
9 container or receptacle.
10 § 2. This act shall take effect on the same date and in the same
11 manner as a chapter of the laws of 2022 amending the agriculture and
12 markets law relating to authorizing the delivery of liquefied petroleum
13 gas in times of emergency, as proposed in legislative bills numbers S.
14 8426 and A. 1451-A, takes effect.
