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S08606 Text:

                STATE OF NEW YORK
            Cal. No. 1455
                    IN SENATE
                                    February 21, 2024
        Introduced  by  Sen. HINCHEY -- read twice and ordered printed, and when
          printed to be committed to the Committee on  Agriculture  --  reported
          favorably  from  said  committee,  ordered to first and second report,
          amended on second report, ordered  to  a  third  reading,  and  to  be
          reprinted  as amended, retaining its place in the order of third read-

        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:
     1    Section 1. Section 192-e of the agriculture and markets law is amended
     2  by adding four new subdivisions 10, 11, 12 and 13 to read as follows:
     3    10. A seller shall not misrepresent the nature of any fee, nor collect
     4  from a consumer:
     5    (a) a special usage fee that is greater than a nominal value. For  the
     6  purposes  of  this section, "special usage fee" shall mean a fee charged
     7  to a consumer for using less than the minimum amount of liquified petro-
     8  leum gas as established by the seller. No special  usage  fee  shall  be
     9  charged except for when: (i) the consumer's usage of liquified petroleum
    10  gas  is  low  enough that the seller would otherwise be unable to make a
    11  reasonable return on investment for providing  liquified  petroleum  gas
    12  service  to that consumer; (ii) the special usage fee shall be disclosed
    13  in the contract between  the  seller  and  the  consumer;  and  (iii)  a
    14  description of the fee shall be provided on the consumer's bill pursuant
    15  to subdivision twelve of this section;
    16    (b)  a  fee for liquified petroleum gas that is not actually delivered
    17  to a consumer;
    18    (c) a fee related to termination of liquified petroleum gas service at
    19  the agreed upon end of contract between the  seller  and  the  consumer,
    20  including a fee:
    21    (i) to remove the seller's liquified petroleum gas tank from the prem-
    22  ises;
    23    (ii) to pump out or restock liquified petroleum gas; or
    24    (iii) to terminate service;
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        S. 8606--A                          2
     1    (d)  a  fee  related to termination of liquified petroleum gas service
     2  prior to the agreed upon end of a contract between the  seller  and  the
     3  consumer, that is (i) greater than a nominal value, or (ii) greater than
     4  the cost of labor;
     5    (e)  a  tank  rental  fee for any period of time after the service has
     6  been disconnected by the seller or the consumer has notified the  seller
     7  that the seller's equipment is no longer connected;
     8    (f)  any  amounts  for the repair of equipment or for any special trip
     9  related to the repair of equipment if the equipment owned  by  a  seller
    10  malfunctions  through  no fault of a consumer or other person authorized
    11  to be on the premises;
    12    (g) a delivery fee if the seller fails to make a delivery  through  no
    13  fault  of  the consumer and the consumer runs out of liquified petroleum
    14  gas as a result; or
    15    (h) a fee, the basis of which is not  compliant  with  any  applicable
    16  statute or rule.
    17    11.  A  seller shall provide a rebate to a consumer equal to the price
    18  paid by that consumer for liquified petroleum gas that is removed from a
    19  liquified petroleum gas tank by the seller and resold.
    20    12. A seller of liquified petroleum gas shall provide on each  bill  a
    21  description of the nature and purpose of each fee that is being charged.
    22    13.  The fiscal impact of being compliant with any governmental, regu-
    23  latory, or environmental requirement shall not  be  borne  by  liquified
    24  petroleum  gas  consumers  and shall not be added to bills rendered by a
    25  company selling liquified petroleum gas; provided,  however,  that  this
    26  subdivision  shall  not limit the per-gallon price charged by sellers or
    27  prohibit collection of any tax allowable under state law.
    28    § 2. This act shall take effect immediately.
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