What's happening
The bill allows residential customers in New York to obtain emergency deliveries of liquefied petroleum gas from alternative suppliers during emergencies, without extra penalties or fees.
Why it matters
Expands consumer choice and emergency protections. The bill gives residential customers more flexibility to secure heating fuel during crises, reducing dependence on a single contracted supplier and potentially improving safety and well-being during severe weather or supply disruptions.
Limits extra costs and penalties. By prohibiting regular and emergency suppliers from charging additional fees during emergencies (beyond standard delivery charges), the bill helps protect consumers from price gouging and unexpected financial burdens when they are most vulnerable.
Requires clear consumer rights disclosure. The mandate for a “propane consumer bill of rights” increases transparency, informing residents of their rights and options under contract, and must be provided at contract signing and annually thereafter—empowering consumers to make informed decisions.
Establishes regulatory oversight and safety standards. The bill directs the development of regulations for safe inspection, testing, and liability insurance for all suppliers involved in emergency deliveries, aiming to maintain safety standards even as supply chains become more flexible during emergencies.
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Who cares
Headline styles
Allow Emergency Propane Deliveries
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to agriculture
- Committed to rules
- Vote reconsidered - restored to third reading
- Substitution reconsidered
- Substituted by A1434B
- Amended on third reading 6111a
- Advanced to third reading
- 2nd report cal.
- 1st report cal.914
- Referred to agriculture
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.
Allow Emergency Propane Deliveries
Assembly Floor Calendar · Sponsor Angelo Santabarbara
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6111--A Cal. No. 914
2019-2020 Regular Sessions
IN SENATE
May 16, 2019
Introduced by Sen. BRESLIN -- 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, ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading
AN ACT to amend the agriculture and markets law, in relation to authorizing the delivery of liquefied petroleum gas in times of emergency
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 192-e of the agriculture and markets law is amended by adding two new subdivisions 6-a and 6-b to read as follows:
6-a. a. Definitions. For the purposes of this subdivision:
(i) "liquefied petroleum gas tank" shall mean a cylinder, container or receptacle, fixed in place, that is intended to be used to store liquefied petroleum gas for the purpose of heating, or generating electric power, for a residential customer;
(ii) "qualifying emergency" shall mean:
(A) a federal, state or local state of emergency has been declared, or federal or state authorities have granted a waiver from hours-of-operations limitations affecting liquefied petroleum gas deliveries; or
(B) severe weather or any other similar circumstance exist that may result in an individual being placed in imminent danger of death or injury, or may result in a building structure and/or its fixtures being at risk of significant damage due to lack of residential heat caused by the lack of sufficient liquified petroleum gas to produce residential heat;
(iii) "regular supplier" shall mean a person, firm, limited liability company or corporation that owns a liquefied petroleum gas tank and that, pursuant to a current contract, has agreed to supply liquefied petroleum gas to such tank for use by a residential customer or the customer's agent or agents; and
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06460-05-9
S. 6111--A 2
(iv) "temporary emergency supplier" shall mean a person, firm, limited liability company or corporation that fills, refills or otherwise delivers liquefied petroleum gas into a liquefied petroleum gas tank it does not own, where such tank is subject to an existing contract between a regular supplier and their customer.
b. Notwithstanding any other law, rule or regulation to the contrary, when a qualifying emergency is in effect, a residential customer who has a contract with a regular supplier to fill a liquefied petroleum gas tank reasonably believes the amount of liquefied petroleum gas in their tank will be insufficient to meet the customer's heating needs, the customer shall make a good faith effort to procure delivery of liquefied petroleum gas from such regular supplier. If the regular supplier is unable to make a scheduled delivery or fulfill the customer's good faith request, directly or through another supplier, for delivery within twenty-four hours, the customer may arrange to have a temporary emergency supplier fill, refill or otherwise deliver liquefied petroleum gas into such liquefied petroleum gas tank, provided that the temporary emergency supplier ensures that such tank, and the devices and pipelines operated in connection with such tank, have been inspected and certified as required by law and all applicable regulations.
c. When a temporary emergency supplier delivers liquefied petroleum gas to a residential customer pursuant to this subdivision, neither such temporary emergency supplier nor such customer's regular supplier may charge any penalty or fee in addition to any filling, refilling or delivery fees that are usually charged to other customers in the course of business under circumstances when paragraph b of this subdivision is not applicable.
d. Any contract executed subsequent to the effective date of this subdivision for the supply of liquefied petroleum gas to a residential customer shall include provisions relating to delivery and fees pursuant to paragraphs b and c of this subdivision if applicable.
e. Nothing in this subdivision shall be deemed to restrict a liquefied petroleum gas customer who owns a liquefied petroleum gas tank from procuring such gas from any supplier.
6-b. The commissioner, in cooperation with the department of law, shall develop a "propane consumer bill of rights" consistent with this section to address the rights of consumers who enter into contracts for the provision and delivery of liquefied petroleum gas, including the right of customers to purchase liquefied petroleum gas from temporary suppliers pursuant to subdivision six-a of this section. Such bill of rights shall be provided by every regular supplier of liquefied petroleum gas to the consumer when a contract is executed, and then annually while a contract remains in effect and the department shall post such bill of rights on its website.
§ 2. The commissioner of agriculture and markets shall develop regulations consistent with subdivisions six-a and six-b of section 192-e of the agriculture and markets law for the implementation thereof including, but not limited to, the responsibilities of temporary emergency suppliers and regular suppliers for the safe inspection, testing and filling of liquefied petroleum gas tanks, and any devices and pipelines operated in connection with such tanks, pursuant to such subdivisions and the need for appropriate liability insurance coverage for such suppliers.
§ 3. This act shall take effect on the one hundred twentieth day after it shall have become a law; provided, however that the provisions of this act shall take effect immediately upon the occurrence of a qualify-
S. 6111--A 3
ing emergency for any customer residing within the geographic limits of such qualifying emergency as declared by federal, state or local authorities or as otherwise determined by federal or state authorities or the commissioner; and provided that the commissioner of agriculture and markets shall notify the legislative bill drafting commission upon the occurrence of a qualifying emergency, if such qualifying emergency occurs within the first 120 days after this act shall have become a law, in order that the commission may maintain an accurate and timely effective data base of the official text of the laws of the state of New York in furtherance of effectuating the provisions of section 44 of the legislative law and section 70-b of the public officers law. 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 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 agriculture and markets law, in relation to authorizing the delivery of liquefied petroleum gas in times of emergency
Purpose
To allow homeowners leasing LPG containers to receive emergency deliv- eries from any suppliers during times of urgent need and periods of high demand when their regular suppliers could not fulfill the request.
Summary of specific provisions
Section 1: Defines:
Read the full memo (695 words)
(i) liquefied petroleum gas tank as storing LPG for residential heating or electric generation;
(ii) qualifying emergency as;
(a) a declared federal, state or local state' of emergency or a federal or state waiver from hours-of-operation for LPG deliveries; or
(b) severe weather or similar circumstances placing an individual in imminent danger of death or injury of their. residence at risk of significant damage if their residence lacks heat because of insufficient propane supply.
(iii) regular supplier as a propane supplier that owns the customer's tank and has an exclusive contract to supply propane; and
(iv) temporary emergency supplier as a propane supplier that supplies propane to a customer's tank it does not own.
The bill provides, during a qualifying emergency, that a customer running low on propane who reasonably believes their supply is insuffi- cient to meet their heating needs may purchase propane from any tempo- rary emergency supplier if the customer makes a good faith effort to purchase the propane from their regular supplier, but the regular supplier cannot or will not make a delivery and does not send a tempo- rary supplier to make the delivery within 24 hours. All regular safety inspections and testing would need to be done before any refilling occurred.
The bill specifies that neither the regular or temporary emergency supplier may charge additional fees or penalties during qualifying emer- gencies that they don't charge when qualifying' emergencies are not in effect.
Customers who own their own propane tank would continue to have the right to have it filled by any supplier.
After the bill becomes law, new contracts for supplying propane must include provisions related to this bill.
The bill would require the Commissioner of Agriculture and Markets and the Attorney General to develop a propane consumer rights to explain the requirements of this law and the bill of rights would be provided to customers who sign contracts and would be posted on the Department of Agriculture and Markets website.
The Commissioner would develop regulations for implementation including the responsibilities of temporary and regular suppliers for safe inspection, testing and filling of tanks.
Section 2: Effective Date.
Justification
Most propane gas companies own all equipment, including the tanks and regulators, and simply lease to the homeowners as a cost savings and as part of that agreement they are the only supplier permitted to deliver gas to the tanks. Customers that own their tanks are able to choose from multiple suppliers and can change each delivery. This also allows them to also get better prices. Unfortunately, during storms or other catastrophic events, homeowners are at the mercy of their propane providers' schedule for refills. Some propane companies do not always work during these times and have to decide whether to place their resi- dential customers' needs before their commercial customers.
This new legislation will allow homeowners leasing tanks to choose from multiple suppliers if their contracted supplier cannot meet their good faith request for gas delivery in a timely manner during times of urgent need and periods of high demand that could result in imminent danger of death or injury or damage to their residence due to exposure to such extreme temperatures without the delivery of propane.
To fill an LPG tank, all required inspections and certifications must be complete and up to date. According to state law, an LPG tank must be inspected 12 years after it is manufactured and then every 5 years after that.
Prior legislative history
2018: A8940-A passed Assembly
Fiscal implications
Undetermined.
Effective date
This act shall take effect in 120 days provided, however, if there is a federal, state or local qualifying emergency before that date the bill would take effect immediately for the region where the emergency was declared.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.