S2049-2013 Actions

• May 6, 2013: ADVANCED TO THIRD READING
• May 1, 2013: 2ND REPORT CAL.
• Apr 30, 2013: 1ST REPORT CAL.452
• Mar 15, 2013: PRINT NUMBER 2049B
• Mar 15, 2013: AMEND AND RECOMMIT TO AGRICULTURE
• Feb 28, 2013: PRINT NUMBER 2049A
• Feb 28, 2013: AMEND AND RECOMMIT TO AGRICULTURE
• Jan 9, 2013: REFERRED TO AGRICULTURE

S2049-2013 Votes

S2049-2013 Memo

BILL NUMBER:S2049

TITLE  OF  BILL:    An  act to amend the agriculture and markets law, in
relation to the delivery of liquefied petroleum gas

PURPOSE:  This bill prohibits the filling, emptying or use of any lique-
fied petroleum gas container, except by the owner or by a person author-
ized in writing by the owner.

SUMMARY OF PROVISIONS:

Section 192-e of the Agriculture and Markets Law is amended to  prohibit
the  filling,  emptying or use of any liquefied petroleum gas container,
except by the owner or by a person authorized in writing by the owner.

JUSTIFICATION:  Consumers have been enticed by  unethical  propane  fuel
dealers  to  purchase  propane fuel and have their propane tank serviced
based on misleading advertised prices. In  these  instances,  where  the
propane  tank  is  owned  by  a different propane dealer than the dealer
supplying the fuel, there often is little  regard  for  the  safety  and
welfare  of the tank during the fueling transaction as well as no regard
for the safe handling and storage of  the  potentially  hazardous  fuel-
endangering  both  consumer and property (i.e. tank and consumer's resi-
dence).

As a result, propane consumers are defrauded and propane dealers  suffer
damages  resulting  from  the  unauthorized  use of their property (i.e.
propane tank) for which they remain  responsible.  This  bill  seeks  to
protect  the  consumer and propane dealer which owns the consumer's tank
by limiting fuel transfers to the owner of the  propane  tank  or  those
authorized in writing by the owner of the propane tank.

LEGISLATIVE   HISTORY:      2011,2012:   S.773/A.4055Vetoed   2009,2010:
S.2481/A.2302 Reported to Codes 2007,2008: S 5686-A/A.8148 Passed Senate

FISCAL IMPLICATIONS:  None.

EFFECTIVE DATE:  Effective immediately.

S2049-2013 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         2049
 2013-2014 Regular Sessions
 I N  SENATE
 (PREFILED)
 January 9, 2013
 
 Introduced  by  Sen.  YOUNG  -- read twice and ordered printed, and when
 printed to be committed to the Committee on Agriculture
 

AN ACT to amend the agriculture and markets  law,  in  relation  to  the
 delivery of liquefied petroleum gas
 

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section 1. Subdivision 6 of  section  192-e  of  the  agriculture  and
 markets  law,  as  amended  by  chapter 679 of the laws of 1980 and such
 section as renumbered by chapter 716 of the laws of 1989, is amended  to
 read as follows:

 6. A. Each delivery of liquefied petroleum gas sold on a package basis
 in  cylinders  or  containers to consumers and each delivery of such gas
 from a vehicle tank or other vessel into tanks, cylinders or  containers
 connected  to  consumer  apparatus  when  sale is based on a quantity so
 delivered, shall be accompanied by a delivery ticket and duplicate ther
 eof. On such ticket and duplicate thereof shall be distinctly  expressed
 in ink or other indelible substance the date of delivery, the net weight
 or  volume of such liquefied petroleum gas delivered, the price per unit
 of metric or customary measure, the total price, the name and address of
 the seller and the name and address of the purchaser of  such  liquefied
 petroleum gas; provided, however, that such delivery ticket need not set
 forth  the  total  price  if  within five days after delivery the seller
 provides the buyer with a written statement setting forth all the  fore
 going  information  including the total price. Delivery tickets shall be
 serially numbered or the serial number  of  the  cylinder  or  container
 shall  be  legibly  marked  on such delivery ticket. One of such tickets
 shall be delivered to the person receiving the liquefied petroleum  gas,
 and  the  other  ticket shall be retained by the seller of the liquefied
 petroleum gas for  a  period  of  one  year  and  shall  be  subject  to
 inspection by any weights and measures official within this time.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD06490-01-3
 
       S. 2049                             2
 B. (I) NO PERSON, FIRM, LIMITED LIABILITY COMPANY OR CORPORATION SHALL
 FILL,  REFILL  OR  OTHERWISE  DELIVER  LIQUEFIED  PETROLEUM GAS INTO ANY
 LIQUEFIED PETROLEUM GAS CYLINDER, CONTAINER OR RECEPTACLE WITH  A  WATER
 CAPACITY  OF  MORE  THAN  TEN GALLONS, UNLESS THEY ARE THE OWNER OF SUCH
 CYLINDER,  CONTAINER OR RECEPTACLE, OR A PERSON AUTHORIZED IN WRITING BY
 SUCH OWNER.
 (II) NO PERSON, FIRM, LIMITED LIABILITY COMPANY OR  CORPORATION  SHALL
 USE  ANY  LIQUEFIED  PETROLEUM  GAS CYLINDER, CONTAINER OR RECEPTACLE TO
 CONTAIN ANY SUBSTANCE OTHER THAN LIQUEFIED PETROLEUM  GAS,  UNLESS  THEY
 ARE  THE  OWNER  OF  SUCH CYLINDER, CONTAINER OR RECEPTACLE, OR A PERSON
 AUTHORIZED IN WRITING BY SUCH OWNER.
 (III) EXCEPT IN THE CASE OF FIRE OR SAFETY EMERGENCY, NO PERSON, FIRM,
 LIMITED LIABILITY COMPANY OR CORPORATION SHALL REMOVE LIQUEFIED PETROLE
 UM GAS FROM ANY LIQUEFIED PETROLEUM GAS CYLINDER, CONTAINER OR  RECEPTA
 CLE,  UNLESS  THEY ARE THE OWNER OF SUCH CYLINDER, CONTAINER OR RECEPTA
 CLE, OR A PERSON AUTHORIZED IN WRITING BY SUCH OWNER.
 

S 2. This act shall take effect immediately.

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