Authorizes the delivery of liquefied petroleum gas in times of emergency; authorizes delivery by companies who do not own the cylinder, container or receptacle under certain circumstances provided the cylinder, container or receptacle has been inspected and certified as required by law or regulation.
STATE OF NEW YORK
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1539
2021-2022 Regular Sessions
IN SENATE
January 12, 2021
___________
Introduced by Sen. TEDISCO -- 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:
1 Section 1. This act shall be known and may be cited as the "propane
2 consumer emergency act".
3 § 2. Section 192-e of the agriculture and markets law is amended by
4 adding a new subdivision 6-a to read as follows:
5 6-a. (a) Notwithstanding any other law, rule or regulation to the
6 contrary, a person, firm, limited liability company or corporation who
7 is not the owner of a liquefied petroleum gas cylinder, container or
8 receptacle may fill, refill or otherwise deliver liquefied petroleum gas
9 into such liquefied petroleum gas cylinder, container or receptacle,
10 provided the entity has appropriate liability insurance equal to or
11 greater than one million dollars, and such cylinder, container or recep-
12 tacle and devices and associated pipelines operating off of such cylin-
13 der, container, or receptacle has been inspected and certified as
14 required by law or regulation by the succeeding entity and the succeed-
15 ing entity assumes all liability that may result from improper filling
16 and testing of the facility, when:
17 (i) a residential heating or electric generator consumer has acted in
18 good faith under an existing contract to procure delivery of liquefied
19 petroleum gas from the owner of a liquefied petroleum gas cylinder,
20 container or receptacle, but has not received liquefied petroleum gas
21 within twenty-four hours of an initial request; and
22 (ii) a federal, state or local state of emergency has been declared;
23 or
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03938-01-1
S. 1539 2
1 (iii) severe weather or any other similar circumstances may result in
2 individuals being placed in imminent danger of death or injury or build-
3 ing structures and/or its fixtures at risk of significant damage; or
4 (iv) exigent circumstances exist when the Federal Motor Carrier Admin-
5 istration has granted a waiver in accordance with 49 CFR Sec.
6 390.23(a)(1) from Parts 390 through 399 of the Federal Motor Carrier
7 Safety Regulations, which includes New York state, from the hours of
8 service limitation rule as it affects propane deliveries; or
9 (v) The New York state department of transportation, pursuant to 17
10 NYCRR 820.6, issues a statewide or regional hours of service limitation
11 waiver for propane.
12 (b) An owner who authorizes a person to fill or refill a container
13 pursuant to this subdivision is not liable for any injury or damage that
14 results from an action of that person while that person is filling or
15 refilling that container pursuant to this subdivision.
16 (c) Any person, firm, limited liability company or corporation who
17 fills, refills or otherwise delivers liquefied petroleum gas or owns
18 such a gas cylinder, container or receptacle is not permitted to charge
19 any penalty or fee in addition to any standard filling, refilling or
20 delivery fee pursuant to this subdivision, excluding existing emergency
21 fees.
22 (d) Any person, firm, limited liability company or corporation who
23 fills, refills or otherwise delivers liquefied petroleum gas under this
24 subdivision must notify the tank owner of the name and address of the
25 residential customer, the date and quantity delivered, the pressure test
26 readings and any changes made to the system within forty-eight hours.
27 (e) Nothing in this subdivision shall be deemed to restrict the owner
28 of a liquefied petroleum gas cylinder, container or receptacle from
29 procuring liquefied petroleum gas from any seller.
30 (f) Any existing contract between the owner of the liquefied petroleum
31 gas cylinder, container or receptacle and the customer remains in force
32 and effect until the end date of the contract or until it is terminated
33 under options available to either party and under any other conditions
34 not listed in this subdivision. In all circumstances other than those
35 heretofore described, it is not permissible for any person, firm, limit-
36 ed liability company or corporation to remove or fill any liquefied
37 petroleum from a liquefied petroleum gas cylinder, container or recepta-
38 cle without the consent of the owner of such liquefied petroleum gas
39 cylinder, container or receptacle.
40 § 3. This act shall take effect immediately.
