What's happening
This bill requires homeowners converting from oil to alternative heating systems to notify their oil supplier and receive specific regulatory information before new service begins.
Why it matters
Enhances homeowner responsibility and awareness. By requiring written notification to oil suppliers and the provision of specific regulatory information, the bill ensures homeowners are fully aware of legal and safety obligations when switching heating systems, reducing risks associated with abandoned oil tanks.
Promotes safe environmental practices. The new requirements emphasize proper closure, abandonment, or removal of oil storage tanks and related equipment, helping to prevent environmental contamination from leftover oil or equipment that is not properly decommissioned.
Standardizes consumer information. The Department of State must create and publicly share a clear, standardized notice about relevant state and local laws, ensuring all homeowners receive consistent guidance no matter who installs their new heating system.
Creates accountability for contractors and utilities. Contractors and utility companies are now explicitly responsible for delivering regulatory information to homeowners, which may lead to better compliance, fewer disputes, and increased transparency in home heating conversions.
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Who cares
Headline styles
Require Heating Conversion Certification
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 4
No co-sponsors yet.
History
- Referred to consumer affairs and protection
- Delivered to assembly
- Passed senateVote 62–0
- Ordered to third reading cal.1812
- Committee discharged and committed to rules
- Print number 646b
- Amend (t) and recommit to consumer protection
- Referred to consumer protection
- Print number 646a
- Amend (t) and recommit to consumer protection
- Referred to consumer protection
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Require Certification for Heat Conversions
In Assembly Committee · Consumer Affairs And Protection · Sponsor Charles Lavine
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
646--B
2017-2018 Regular Sessions
IN SENATE
January 4, 2017
Introduced by Sen. 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 -- recommitted to the Committee on Consumer Protection in accordance with Senate Rule 6, sec. 8 -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 Assembly, do enact as follows:
Section 1. Subdivision 1 of section 778-aa of the general business law, as added by chapter 129 of the laws of 1996, is amended to read as follows:
1. All home improvement contractors as defined in subdivision five of section seven hundred seventy of this chapter or any other person providing an estimate or engaged in the installation of home heating systems shall include in any estimate of the cost of converting an existing oil home heating system to [either] a natural gas [or], electric or any other home heating system a separate estimate detailing the costs related to the closure, abandonment and/or removal of a home heating oil storage tank. In addition, any person making such estimate shall also provide a copy of any applicable local law, or if there is no local law then such person shall provide a written statement to that effect.
§ 2. Section 778-aa of the general business law is amended by adding two new subdivisions 3 and 4 to read as follows:
3. Following the conversion of an existing home heating system from an oil home heating system to an alternative method of home heating, and prior to the commencement of the new home heating service, the utility company, gas corporation, or electric corporation, as defined in section two of the public service law, or any home improvement contractor who
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05518-04-8
S. 646--B 2
installed the alternate home heating system, shall provide to the homeowner a written copy of the notice created by the department of state pursuant to subdivision four of this section, in no less than 14 point bold type and separate form from any other document provided to such homeowner. The department of state shall have the authority to promulgate any rules or regulations necessary to implement the provisions of this subdivision.
4. The department of state shall create and make available to the public on the department's website a notice informing homeowners who are converting their existing oil home heating system to an alternative method of home heating of the provisions of subdivision thirteen of section three hundred seventy-eight of the executive law, in addition to any other state laws, rules, or regulations related to the closure, abandonment, and/or removal of a heating oil storage tank, including fill and vent pipes and other related materials and equipment. Such notice shall include a requirement that the homeowner must provide written notice to his or her home heating oil supplier to inform such supplier of such conversion prior to the commencement of the new home heating service, and shall also advise the homeowner that there may be other local laws related to such conversion.
§ 3. Subdivision 13 of section 378 of the executive law is amended by adding a new paragraph h to read as follows:
h. The property owner shall provide written notice to his or her home heating oil supplier or suppliers to inform them of such conversion to an alternate fuel prior to the commencement of the new home heating service.
§ 4. This act shall take effect on the ninetieth day after it shall have become a law; provided, however, that effective immediately, the addition, amendment, and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized and directed to be made and completed on or before such date.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the general business law and the exec- utive law, in relation to home heating system conversion
Purpose or general idea of bill
Would require utility companies or contractors to certify that all parts of the building and fire codes relating to oil tanks have been satis- fied.
Summary
Section 1. Requiring contractors to provide conversion estimates for any other home heating system not delineated in this section.
Section 2. Requires written notice be provided to the homeowner by the contractor following the conversion of a home heating system. Requires department of state to put on their website relevant information regard- ing notification on their website
Section 3. Requires the property owner to inform the heating oil suppli- er of any conversion.
Section 4. Effective date.
Justification
This legislation would prevent oil from being delivered to homes that no longer use oil, but still have an oil intake valve on their property, which was previously used for oil deliveries. Oil companies have incor- rectly pumped oil into this intake pipe only to fill basements with hundreds of gallons of fuel oil. Oil spills of this nature pollute the environment by poisoning the land, water and vegetation encompassed by these mistaken acts. Families are forced to move from their homes due to toxic fumes.
Homes have been severely damaged by trying to clean up these messes, which include: weakened foundations while removing tainted soil around the homes which also cracked walls of these homes, holes dug to remove oil filled with ground water which caused unsafe and dangerous environ- ments for children and pets, oozing oil from the earth all around the property has killed vegetation and posed a threat to children and animals, venting systems had to be installed in basements to filter out fumes as per DEC regulation.
This legislation would require companies to certify that they have met all of the state's requirements relating to the abandonment, removal and/or sealing of unused oil tanks. The cost of environmental clean-up cost incurred by both the oil companies and the home owners is high. This legislation will bring accountability and allow for proper enforce- ment of these building and fire codes.
Prior legislative history
2016: Died in Consumer Protection
Fiscal implications
None.
Effective date
90th day after it shall have become law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.