Allow Emergency Propane Deliveries

Section 2: (a)Notwithstanding any other law, rule or regulation to the contrary, a person, firm, limited liability company or corporation who is not the owner of a liquefied petroleum gas cylinder, container or receptacle may fill, refill or otherwise deliver liquefied petroleum gas into such liquefied petroleum gas cylinder, container or receptacle, provided the entity has appropriate liability insurance equal to or greater than $1,000,000.00, and such cylinder, container or receptacle and devices and associated pipelines operating off of such cylinder, container, or receptacle has been inspected and certified as required by law or regulation by the succeeding entity and the succeeding entity assumes all liability that may result from improper filling and testing of the facility, when:

-a residential heating or electric generator consumer has acted in good faith under an existing contract to procure delivery of liquefied petro- leum gas from the owner of a liquefied petroleum gas cylinder, container or receptacle, but has not received liquefied petroleum gas in a reason- able time within 24 hours of an initial request; and

-a federal, state or local state of emergency has been declared or

-severe weather or any other similar circumstances may result in indi- viduals being placed in imminent danger of death or injury or building structures and/or its fixtures at risk of significant damage.

-Exigent circumstances exist when the Federal Motor Carrier Adminis- tration has granted a waiver in accordance with 49 CFR Sec. 390.23(a) (1) from Parts 390 through 399 of the Federal Motor Carrier Safety Regu- lations, which includes NYS, from the Hours of Service Limitation rule as it affects propane deliveries.

-The New York State Department of Transportation, pursuant to 17 NYCRR 820.6, issues a statewide or regional Hours of Service Limitation waiver for propane.

(b) An owner that authorizes a person to fill or refill a container pursuant to this subsection is not liable for any injury or damage that results from an action of that person while that person is filling or refilling that container pursuant to this subsection.

(c) Any person, firm, limited liability company or corporation who fills, refills or otherwise delivers liquefied petroleum gas or owns such a gas cylinder, container or receptacle is not permitted to charge any penalty or fee in addition to any standard filling, refilling or delivery fee pursuant to this subdivision excluding existing emergency fees.

Under any other conditions not listed in this subdivision; any existing contract between the owner of the liquefied petroleum gas cylinder, container or receptacle and the customer remains in force and full effect until the end date of the contract or until it is terminated under options available to either party and that it is not permissible for any entity to empty or fill a receptacle of a tank without the owner's consent.

Section 2: Effective Date.

Justification

As in most cases, propane gas companies own all equipment, including the tanks and regulators, and simply leases to the homeowners as a cost savings, but as a result, they are the only supplier permitted to deliv- er to the tanks. Customers that own their tanks are able to choose from multiple suppliers and can change as frequently as for each delivery.

This also allows them to also get better costs. Unfortunately, during storms or other catastrophic events, homeowners are at the mercy of their propane providers' schedule for refills. Many propane companies do not always work during these times and have to decide whether to place their residential customers' needs before their commercial customers.

This new legislation will allow homeowners leasing tanks to choose from multiple suppliers for emergency deliveries during these times of urgent need and exigent circumstances that can result in imminent danger of death or injury due to exposure to such extreme temperatures or occur- rence without the delivery of such liquefied petroleum gas.

The bill only requires the use of a licensed liquefied petroleum gas(LPG) provider and supplier, and an LPG container with all required inspections and certifications complete and up to date. According to state law, an LPG tank must be inspected 12 years after it is manufac- tured and then every 5 years after that.

Additionally, it requires the succeeding company to carry appropriate liability insurance equal to or greater than $1,000,000.00, along with addressing other limited liabilities on the part of the tank owner if the succeeding entity does not comply with proper safety procedures during the refilling of emptying of a tank.

It is also understood that that the existing contract between the provider and consumer remains in full force, and that it is not permis- sible for any entity to empty or fill a receptacle of a tank without the owner's consent absent these extenuating circumstances .

Prior legislative history

01/12/18: S.7395 REFERRED TO AGRICULTURE

01/16/18: S.7395 AMEND AND RECOMMIT TO AGRICULTURE

01/16/18: S.7395 PRINT NUMBER 7395A

02/15/18: S.7395A AMEND AND RECOMMIT TO AGRICULTURE

02/15/18: S.7395A PRINT NUMBER 7395B

02/26/18: S.7395B AMEND AND RECOMMIT TO AGRICULTURE

02/26/18: S.7395B PRINT NUMBER 7395C

03/16/18: S.7395C AMEND AND RECOMMIT TO AGRICULTURE

03/16/18: S.7395C PRINT NUMBER 7395D

05/01/18: S.7395D REPORTED AND COMMITTED TO ENERGY AND TELECOMMUNI- CATIONS

06/07/18: S.7395D REPORTED AND COMMITTED TO RULES

06/13/18: S.7395D ORDERED TO THIRD READING CAL.1765

06/13/18: S.7395D PASSED SENATE

06/13/18: S.7395D DELIVERED TO ASSEMBLY

06/13/18: S.7395D referred to agriculture

Fiscal implications

None.

Effective date

This act shall take effect immediately.