What's happening
This bill creates the New York Propane Education and Safety Act, establishing a council for propane safety programs and requiring specific training for those working with liquefied petroleum gas systems.
Why it matters
Establishes a dedicated council funded by a small propane assessment. The bill creates a New York Propane Education and Safety Council, funded by up to one-tenth of one cent per gallon of odorized propane sold, which is itemized on customer bills. This ensures a stable, industry-specific funding source for safety, training, and research programs without relying on taxpayer dollars.
Mandates standardized, industry-recognized safety training. Anyone installing, inspecting, or servicing liquefied petroleum gas (LPG) systems in New York must complete specific modules of the Propane Education and Research Council’s Certified Employee Training Program. This moves the state toward a uniform baseline of technical competence and safety for all LPG workers, potentially reducing accidents and liability.
Provides consumer transparency and legal recourse. The law requires companies to disclose on their websites (and directly to customers upon request) whether their staff have completed the required safety training. If untrained personnel perform work, the company is civilly liable for resulting property damage, injury, or death, creating strong incentives for compliance and giving consumers actionable information and protection.
Imposes oversight, transparency, and limits on council activities. The council must be representative of various stakeholder groups, keep public records, and conduct annual audits, ensuring accountability. It is explicitly barred from using funds for lobbying or influencing legislation/elections, focusing the council’s resources solely on safety, education, and research.
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Who cares
Propane producers and retail marketers
They would vote on creating an education and safety council authorized to levy an assessment of up to one-tenth of one cent per gallon of odorized propane.
Propane installers, inspectors and service providers
They would have to complete specified safety training before performing work beginning July 1, 2018, disclose training status and face civil liability for damage, injury or death caused by work performed without that training.
Propane customers
They could request written confirmation of workers’ training and would gain protections against providers falsely claiming to be qualified or adequately trained.
New York Propane Gas Association and National Propane Gas Association
They would help conduct the council referendum, select industry council members and qualify to provide the required safety training.
Headline styles
Propane Safety and Training Law
Plain English, a few words. Used as the page title.
Sponsors
7 Co-sponsors
4 Multi-sponsors
History
- Enacting clause stricken
- Referred to energy
- Referred to energy
Full text
6 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1975
2017-2018 Regular Sessions
IN ASSEMBLY
January 17, 2017
Introduced by M. of A. PAULIN, GALEF, LUPARDO, OTIS, SCHIMMINGER, CROUCH, SKOUFIS, McDONALD -- Multi-Sponsored by -- M. of A. LUPINACCI, McDONOUGH, RIVERA, SKARTADOS, THIELE -- read once and referred to the Committee on Energy
AN ACT to amend the energy law, in relation to implementing the New York propane education and safety act; and to amend the general business law, in relation to consumer protections for liquefied petroleum gas systems
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The energy law is amended by adding a new article 14 to read as follows:
ARTICLE 14
NEW YORK PROPANE EDUCATION AND SAFETY ACT Section 14-101. Short title.
14-102. Definitions.
14-103. Referendum; creation and termination of a program.
14-104. New York propane education and safety council.
14-105. Assessments.
14-106. Compliance.
14-107. Lobbying restrictions.
14-108. Pricing.
14-109. Relation to other programs.
§ 14-101. Short title. This article shall be known and may be cited as the New York propane education and safety act.
§ 14-102. Definitions. For purposes of this article, unless the context otherwise requires:
1. "Council" means a New York propane education and safety council created pursuant to section 14-104 of this article;
2. "President" means the chairman of NYSERDA or his or her designee;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06290-01-7
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3. "Education" means any action to provide information regarding propane, propane equipment, mechanical and technical practices, and propane uses to consumers, and members of the propane industry;
4. "Industry" means those persons involved in the production, transportation, and sale of propane, and the manufacture and distribution of propane utilization equipment;
5. "Industry trade association" means an organization exempt from tax, under Section 501(c)(3) or 501(c)(6) of the Internal Revenue Code of 1986, representing the propane industry;
6. "NYSERDA" means the New York state energy and research development authority;
7. "Odorized propane" means propane which has an odorant added to it;
8. "Producer" means the owner of propane at the time it is recovered at a gas processing plant or refinery; irrespective of the state where production occurs;
9. "Propane" means a hydrocarbon whose chemical composition is predominately C3H8, whether recovered from natural gas or crude oil, and includes liquified petroleum gases and mixtures thereof;
10. "Public member" means a designee of the president of the New York state energy research and development authority;
11. "Qualified industry organization" means the New York propane gas association, the national propane gas association, a successor association of these associations, or any other propane industry organization;
12. "Research" means any type of study, investigation or other activities designed to advance the image, desirability, usage, marketability, efficiency, and safety of propane and to further the development of such information;
13. "Retail marketer" means a person engaged primarily in the sale of odorized propane to the ultimate consumer or to retail propane dispensers; and
14. "Retail propane dispenser" means a person who sells odorized propane to the ultimate consumer but is not engaged primarily in the business of such sales.
§ 14-103. Referendum; creation and termination of a program. 1. Qualified industry organizations shall conduct at their own expense, a referendum among producers and retail marketers for the creation of a New York propane education and safety council. The council, if established, shall reimburse the qualified industry organizations for the cost of the referendum accounting and documentation. The referendum shall be conducted by an independent auditing firm agreed to by the qualified industry organizations. The results, as certified by an independent auditing firm, shall be submitted to the president within thirty days of certification. Voting rights in the referendum shall be based on the volume of propane produced or odorized propane sold in the previous calendar year. Upon approval of those persons representing two-thirds of the total value of propane voted in the retail marketer class and twothirds of all propane voted in the producer class, the council shall be established, and shall be authorized to levy an assessment on odorized propane in accordance with section 14-105 of this article. All persons voting in the referendum shall certify to the independent auditing firm the volume of propane represented by their vote.
2. On the council's own initiative, or on petition to the council by producers and retail marketers representing thirty-five percent of the volume of propane in each class, the council shall, at its own expense, hold a referendum to be conducted by an independent auditing firm selected by the council, to determine whether the industry favors termi-
A. 1975 3
nation or suspension of the council. Termination or suspension shall not take effect unless it is approved by persons representing more than one-half of the total volume of odorized propane in the retail marketer class and more than one-half the total volume of propane in the producer class.
§ 14-104. New York propane education and safety council. 1. The qualified industry organizations shall select all retail marketers members and producer members of the council. The president shall designate one public member. Vacancies in the unfinished terms of council members shall be filled in the same manner as were the original appointments.
2. In selecting members of the council, the qualified industry organizations shall give due regard to selecting a council that is representative of the industry, including representation of:
(a) gas processors and oil refiners among producers;
(b) interstate and intrastate operators among retail marketers;
(c) large and small companies among producers and retail marketers, including agricultural cooperatives; and
(d) diverse geographic regions of the state.
3. The council shall consist of no less than five and up to seven members, with no less than four and up to six members representing retail marketers and producers, and one public member. Other than the public member, council members shall be full-time employees or owners of businesses in the industry or representatives of agricultural cooperatives. No employee of a qualified industry organization shall serve as a member of the council, and no member of the council may serve concurrently as an officer of the board of directors of a qualified industry organization or other trade association. Only one person at a time from any company or its affiliate may serve on the council. The president may serve as an ex-officio non-voting member of the council.
4. Council members shall receive no compensation for their services, nor shall council members be reimbursed for expenses relating to their service, except that public members, upon request, may be reimbursed for reasonable expenses directly related to their participation in council meetings.
5. Council members shall serve terms of three years and may not serve more than two full consecutive terms. Members filling unexpired terms may serve not more than a total of seven consecutive years. Former members of the council may be returned to the council if they have not been members for a period of two years. Initial appointments to the council shall be for terms of one, two, and three years staggered to provide for the selection of four members each year. The council shall notify the president of the name, address, and propane-related affiliation, if any, of a council member within thirty days after the appointment of the member to the council.
6. The council shall develop programs and projects and enter into contracts or agreements for implementing this article, including programs to enhance consumer and employee safety and training, which may include the training required by section three hundred ninety-one-aa of the general business law, to provide for research and development of clean and efficient propane utilization equipment, to inform and educate the public about safety and other issues associated with the use of propane, and to provide for the payment of the costs thereof with funds collected pursuant to this article. The council shall coordinate its activities with industry trade associations, Hudson Valley community college, other community colleges and others as appropriate to provide
A. 1975 4
efficient delivery of services and to avoid unnecessary duplication of activities.
7. Issues related to research and development, safety, education, and training shall be given priority by the council in the development of its programs and projects.
8. The council shall select from among its members a chairperson and other officers as necessary, may establish committees and subcommittees of the council, and shall adopt rules and bylaws for the conduct of business and the implementation of this article. The council shall establish procedures for the solicitation of industry comment and recommendations on any significant plans, programs, and projects to be funded by the council. The council may establish advisory committees of persons other than council members.
9. At the beginning of each fiscal period, the council shall prepare a budget plan for the next fiscal period, including the probable cost of all programs, projects, and contracts and a recommended rate of assessment sufficient to cover such costs. The council shall submit the proposed budget to the president for review and comment. The president may recommend programs and activities considered appropriate.
10. The council shall keep minutes, books, and records that clearly reflect all of the acts and transactions of the council and make public such information. The books of the council shall be audited by a certified public accountant at least once each fiscal year and at such other times as the council may designate. The expense of the audit shall be the responsibility of the council. Copies of such audit shall be provided to all members of the council, all qualified industry organizations, and to other members of the industry upon request.
§ 14-105. Assessments. 1. The council shall set the assessment at no greater than one-tenth of one cent per gallon of odorized propane.
2. The owner of odorized propane at the time of odorization, or the time of import of odorized propane shall make the assessment based on the volume of odorized propane sold. The assessment, when made, shall be listed as a separate line item on the bill labeled "New York Propane Education and Safety Assessment". Assessments collected from purchasers of propane are payable to the council on a monthly basis by the twentyfifth of the month following the month of collection.
If payment is not made to the council by the due date under this subdivision, an interest penalty of one percent of any amount unpaid shall be added for each month or fraction of a month after the due date, until final payment is made.
3. The council may establish an alternative means of collecting the assessment if another means is found to be more efficient and effective. The council may establish a late payment charge and rate of interest to be imposed on any person who fails to remit or pay to the council any amount due under this article.
4. Pending disbursement pursuant to a program, plan, or project, the council shall invest funds collected through assessments, and any other funds received by the council, only in obligations of the United States or any agency thereof, in general obligations of any state or political subdivision thereof, in any interest-bearing account or certificate of deposit of a bank that is a member of the Federal Reserve System, or in obligations fully guaranteed as to principal and interest by the United States.
§ 14-106. Compliance. The supreme court is vested with the jurisdiction specifically to enforce the provisions of this article, and prevent or restrain any person from violating any such provision. A successful
A. 1975 5
action for compliance under this section may also require payment by the defendant of the costs incurred by the council in bringing the action.
§ 14-107. Lobbying restrictions. No funds collected by the council shall be used in any manner for influencing legislation or elections, except that the council may recommend to the president changes in this article or other statutes that would further the purpose of this article.
§ 14-108. Pricing. In all cases, the price of propane shall be determined by market forces. Consistent with the antitrust laws, the council may take no action, nor may any provision of this article be interpreted as establishing an agreement to pass along to consumers the cost of the assessment provided for in section 14-105 of this article.
§ 14-109. Relation to other programs. Nothing in this article may be construed to preempt or supersede any other program relating to propane education and safety organized and operated under the laws of the state of New York.
§ 2. The general business law is amended by adding a new section 391- aa to read as follows:
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.