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S03360 Summary:

BILL NOS03360A
 
SAME ASSAME AS A06193-A
 
SPONSORGAUGHRAN
 
COSPNSRBOYLE
 
MLTSPNSR
 
Amd §778-aa, Gen Bus L; amd §378, Exec L
 
Relates to home heating system conversion; requires written notice regarding such conversion.
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S03360 Actions:

BILL NOS03360A
 
02/06/2019REFERRED TO CONSUMER PROTECTION
06/11/2019AMEND AND RECOMMIT TO CONSUMER PROTECTION
06/11/2019PRINT NUMBER 3360A
06/17/2019COMMITTEE DISCHARGED AND COMMITTED TO RULES
06/17/2019ORDERED TO THIRD READING CAL.1424
06/17/2019PASSED SENATE
06/17/2019DELIVERED TO ASSEMBLY
06/17/2019referred to codes
06/19/2019substituted for a6193a
06/19/2019ordered to third reading rules cal.450
06/19/2019passed assembly
06/19/2019returned to senate
12/17/2019DELIVERED TO GOVERNOR
12/20/2019SIGNED CHAP.725
12/20/2019APPROVAL MEMO.72
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S03360 Committee Votes:

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S03360 Floor Votes:

DATE:06/19/2019Assembly Vote  YEA/NAY: 148/0
Yes
Abbate
Yes
Crespo
ER
Gantt
Yes
LiPetri
Yes
Perry
Yes
Simon
Yes
Abinanti
Yes
Crouch
Yes
Garbarino
Yes
Lupardo
Yes
Pheffer Amato
Yes
Simotas
Yes
Arroyo
Yes
Cruz
Yes
Giglio
Yes
Magnarelli
Yes
Pichardo
Yes
Smith
Yes
Ashby
Yes
Cusick
ER
Glick
Yes
Malliotakis
Yes
Pretlow
Yes
Smullen
Yes
Aubry
Yes
Cymbrowitz
Yes
Goodell
Yes
Manktelow
Yes
Quart
Yes
Solages
Yes
Barclay
Yes
Davila
Yes
Gottfried
Yes
McDonald
Yes
Ra
Yes
Stec
Yes
Barnwell
Yes
De La Rosa
Yes
Griffin
Yes
McDonough
Yes
Raia
Yes
Steck
Yes
Barrett
Yes
DenDekker
Yes
Gunther
Yes
McMahon
Yes
Ramos
Yes
Stern
Yes
Barron
Yes
DeStefano
Yes
Hawley
Yes
Mikulin
Yes
Raynor
Yes
Stirpe
Yes
Benedetto
Yes
Dickens
Yes
Hevesi
Yes
Miller B
Yes
Reilly
Yes
Tague
Yes
Bichotte
Yes
Dilan
Yes
Hunter
Yes
Miller MG
Yes
Reyes
Yes
Taylor
Yes
Blake
Yes
Dinowitz
Yes
Hyndman
Yes
Miller ML
Yes
Richardson
Yes
Thiele
Yes
Blankenbush
Yes
DiPietro
Yes
Jacobson
Yes
Montesano
Yes
Rivera
Yes
Titus
Yes
Brabenec
Yes
D'Urso
Yes
Jaffee
Yes
Morinello
Yes
Rodriguez
Yes
Vanel
Yes
Braunstein
Yes
Eichenstein
Yes
Jean-Pierre
Yes
Mosley
Yes
Romeo
Yes
Walczyk
Yes
Bronson
Yes
Englebright
Yes
Johns
Yes
Niou
Yes
Rosenthal D
Yes
Walker
Yes
Buchwald
Yes
Epstein
Yes
Jones
Yes
Nolan
Yes
Rosenthal L
Yes
Wallace
Yes
Burke
Yes
Fahy
Yes
Joyner
Yes
Norris
Yes
Rozic
Yes
Walsh
Yes
Buttenschon
Yes
Fall
Yes
Kim
Yes
O'Donnell
Yes
Ryan
Yes
Weinstein
Yes
Byrne
Yes
Fernandez
Yes
Kolb
Yes
Ortiz
Yes
Salka
Yes
Weprin
Yes
Byrnes
Yes
Finch
Yes
Lalor
Yes
Otis
Yes
Santabarbara
Yes
Williams
Yes
Cahill
Yes
Fitzpatrick
Yes
Lavine
Yes
Palmesano
Yes
Sayegh
Yes
Woerner
Yes
Carroll
Yes
Friend
Yes
Lawrence
Yes
Palumbo
Yes
Schimminger
Yes
Wright
Yes
Colton
Yes
Frontus
Yes
Lentol
Yes
Paulin
Yes
Schmitt
Yes
Zebrowski
Yes
Cook
Yes
Galef
Yes
Lifton
Yes
Peoples-Stokes
Yes
Seawright
Yes
Mr. Speaker

‡ Indicates voting via videoconference
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S03360 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         3360--A
 
                               2019-2020 Regular Sessions
 
                    IN SENATE
 
                                    February 6, 2019
                                       ___________
 
        Introduced  by  Sens. GAUGHRAN, BOYLE -- read twice and ordered printed,
          and when  printed  to  be  committed  to  the  Committee  on  Consumer
          Protection -- committee discharged, bill amended, ordered reprinted as
          amended and recommitted to said committee
 
        AN  ACT  to  amend  the  general  business law and the executive law, in
          relation to home heating system conversion
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Subdivision  1  of section 778-aa of the general business
     2  law, as added by chapter 129 of the laws of 1996, is amended to read  as
     3  follows:
     4    1.  All home improvement contractors as defined in subdivision five of
     5  section seven hundred seventy  of  this  chapter  or  any  other  person
     6  providing  an  estimate  or  engaged in the installation of home heating
     7  systems shall include in any estimate  of  the  cost  of  converting  an
     8  existing  oil  home heating system to [either] a natural gas [or], elec-
     9  tric or any other home heating system a separate estimate detailing  the
    10  costs related to the closure, abandonment and/or removal of a home heat-
    11  ing oil storage tank. In addition, any person making such estimate shall
    12  also provide a copy of any applicable local law, or if there is no local
    13  law then such person shall provide a written statement to that effect.
    14    §  2.  Section 778-aa of the general business law is amended by adding
    15  two new subdivisions 3 and 4 to read as follows:
    16    3. Upon entering into an agreement for the conversion of  an  existing
    17  home  heating  system  from an oil home heating system to an alternative
    18  method of home heating, and prior to the commencement of  the  new  home
    19  heating  service,  the  utility  company,  gas  corporation, or electric
    20  corporation, as defined in section two of the public service law, or any
    21  home  improvement  contractor  installing  the  alternate  home  heating
    22  system,  shall  provide  to  the  homeowner a written copy of the notice
    23  created by the department of state pursuant to subdivision four of  this
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04379-02-9

        S. 3360--A                          2
 
     1  section,  in  no less than 14 point bold type and separate form from any
     2  other document provided to such homeowner. The department of state shall
     3  have the authority to promulgate any rules or regulations  necessary  to
     4  implement the provisions of this subdivision.
     5    4.  The  department  of  state  shall create and make available to the
     6  public on the department's website a notice informing homeowners who are
     7  converting their existing oil home  heating  system  to  an  alternative
     8  method  of  home  heating  of  the provisions of subdivision thirteen of
     9  section three hundred seventy-eight of the executive law, in addition to
    10  any other state laws, rules, or  regulations  related  to  the  closure,
    11  abandonment,  and/or  removal  of  a heating oil storage tank, including
    12  fill and vent pipes and other  related  materials  and  equipment.  Such
    13  notice shall include a requirement that the homeowner must provide writ-
    14  ten  notice  to  his  or  her  home  heating oil supplier to inform such
    15  supplier of such conversion prior to the commencement of  the  new  home
    16  heating  service,  and shall also advise the homeowner that there may be
    17  other local laws related to such conversion.
    18    § 3. Subdivision 13 of section 378 of the executive law is amended  by
    19  adding a new paragraph h to read as follows:
    20    h.  The property owner shall provide written notice to his or her home
    21  heating oil supplier or suppliers to inform them of such  conversion  to
    22  an  alternate  fuel  prior  to  the commencement of the new home heating
    23  service.
    24    § 4. This act shall take effect on the ninetieth day  after  it  shall
    25  have  become  a  law.    Effective  immediately, the addition, amendment
    26  and/or repeal of any rule or regulation necessary for the implementation
    27  of this act on  its  effective  date  are  authorized  to  be  made  and
    28  completed on or before such effective date.
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