Prohibits the filling, emptying or use of any liquefied petroleum gas cylinder, container or receptacle with a capacity of more than 20 gallons, except by the owner thereof or by a person authorized in writing by such owner.
Ayes (61): Adams, Addabbo, Avella, Ball, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Dilan, Espaillat, Farley, Felder, Flanagan, Fuschillo, Gallivan, Gianaris, Gipson, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Hoylman, Kennedy, Klein, Krueger, Lanza, Larkin, Latimer, LaValle, Libous, Little, Marcellino, Marchione, Martins, Maziarz, Montgomery, Nozzolio, O'Brien, O'Mara, Parker, Peralta, Perkins, Ranzenhofer, Rivera, Robach, Sampson, Sanders, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Tkaczyk, Valesky, Young, Zeldin
Excused (2): Diaz, Ritchie
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 liquefied petroleum gas container, except by the owner or by a person authorized 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 over 20 gallons, 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 residence).
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. This will apply only to larger propane tanks over 20 gallons so that smaller tanks used for everyday recreational use are not included.
LEGISLATIVE HISTORY: 2011,2012: Similar bill S.773/A.4055 Vetoed 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.
STATE OF NEW YORK ________________________________________________________________________ 2049--B 2013-2014 Regular Sessions IN 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 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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,EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06490-03-3 S. 2049--B 2
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. 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 TWENTY 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.