Bill S4542-2013

Implements the New York propane education and safety act

Implements the New York propane education and safety act; authorizes the creation of certain propane education programs; requires the creation of a New York propane education and safety council; enumerates the duties and purposes of the New York propane education and safety council.

Details

Actions

  • Feb 10, 2014: REPORTED AND COMMITTED TO FINANCE
  • Jan 8, 2014: REFERRED TO ENERGY AND TELECOMMUNICATIONS
  • Jan 8, 2014: returned to senate
  • Jan 8, 2014: died in assembly
  • Jun 12, 2013: referred to energy
  • Jun 12, 2013: DELIVERED TO ASSEMBLY
  • Jun 12, 2013: PASSED SENATE
  • Jun 11, 2013: ORDERED TO THIRD READING CAL.1281
  • Jun 11, 2013: COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • Apr 23, 2013: REPORTED AND COMMITTED TO FINANCE
  • Apr 10, 2013: REFERRED TO ENERGY AND TELECOMMUNICATIONS

Votes

VOTE: COMMITTEE VOTE: - Energy and Telecommunications - Apr 23, 2013
Ayes (9): Maziarz, Carlucci, Fuschillo, Griffo, Ritchie, Robach, Parker, Kennedy, Dilan
Ayes W/R (2): O'Mara, Adams
VOTE: COMMITTEE VOTE: - Energy and Telecommunications - Feb 10, 2014
Ayes (10): Maziarz, Carlucci, Griffo, O'Mara, Ritchie, Robach, Parker, Kennedy, Dilan, Peralta

Memo

BILL NUMBER:S4542

TITLE OF BILL: An act to amend the energy law, in relation to implementing the New York propane education and safety act; and to amend the general business law, in relation to consumer protections for liquefied petroleum gas systems

PURPOSE:

To establish the New York Propane Education and Safety Act to promote education, training, safety, and consumer protections relating to propane and propane systems; and to require certain training for individuals involved in the installation, inspection or service of propane systems.

SUMMARY OF PROVISIONS:

Section one of the bill adds a new Article 14 to the Energy Law to establish the New York Propane Education and Safety Act.

Section 2 of the bill adds a new section to the general business law relating to training for individuals involved in the installation, inspection or service of liquefied petroleum gas systems and other consumer protections.

Section 3 of the bill is the effective date.

JUSTIFICATION:

In 1996, the federal government recognized the importance of the propane gas industry when it acted to authorize and facilitate a program to enhance safety, training, research, development, and safety education in the propane gas industry for the benefit of propane customers and the public. This measure at the federal level provides funding for these important purposes. However, only a portion of these funds are made available for New York.

Here in New York, additional funding of this type would provide greater training, education, and consumer awareness opportunities. By establishing the New York Propane Education and Safety Act, this legislation will make additional money available for various projects such as increased training of industry, fire personnel and local code officials. This measure will improve safety and awareness across the state.

Further, this bill will establish new consumer protections such as training and disclosure requirements for individuals involved in the installation, inspection or service of propane systems.

LEGISLATIVE HISTORY:

New Bill.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

Immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 4542 2013-2014 Regular Sessions IN SENATE April 10, 2013 ___________
Introduced by Sen. MAZIARZ -- read twice and ordered printed, and when printed to be committed to the Committee on Energy and Telecommuni- cations AN ACT to amend the energy law, in relation to implementing the New York propane education and safety act; and to amend the general business law, in relation to consumer protections for liquefied petroleum gas systems THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The energy law is amended by adding a new article 14 to read as follows: ARTICLE 14 NEW YORK PROPANE EDUCATION AND SAFETY ACT SECTION 14-101. SHORT TITLE. 14-102. DEFINITIONS. 14-103. REFERENDUM; CREATION AND TERMINATION OF A PROGRAM. 14-104. NEW YORK PROPANE EDUCATION AND SAFETY COUNCIL. 14-105. ASSESSMENTS. 14-106. COMPLIANCE. 14-107. LOBBYING RESTRICTIONS. 14-108. PRICING. 14-109. RELATION TO OTHER PROGRAMS. S 14-101. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS THE NEW YORK PROPANE EDUCATION AND SAFETY ACT. S 14-102. DEFINITIONS. FOR PURPOSES OF THIS ARTICLE, UNLESS THE CONTEXT OTHERWISE REQUIRES: 1. "COUNCIL" MEANS A NEW YORK PROPANE EDUCATION AND SAFETY COUNCIL CREATED PURSUANT TO SECTION 14-104 OF THIS ARTICLE; 2. "PRESIDENT" MEANS THE CHAIRMAN OF NYSERDA OR HIS OR HER DESIGNEE;
3. "EDUCATION" MEANS ANY ACTION TO PROVIDE INFORMATION REGARDING PROPANE, PROPANE EQUIPMENT, MECHANICAL AND TECHNICAL PRACTICES, AND PROPANE USES TO CONSUMERS, AND MEMBERS OF THE PROPANE INDUSTRY; 4. "INDUSTRY" MEANS THOSE PERSONS INVOLVED IN THE PRODUCTION, TRANS- PORTATION, AND SALE OF PROPANE, AND THE MANUFACTURE AND DISTRIBUTION OF PROPANE UTILIZATION EQUIPMENT; 5. "INDUSTRY TRADE ASSOCIATION" MEANS AN ORGANIZATION EXEMPT FROM TAX, UNDER SECTION 501(C)(3) OR 501(C)(6) OF THE INTERNAL REVENUE CODE OF 1986, REPRESENTING THE PROPANE INDUSTRY; 6. "NYSERDA" MEANS THE NEW YORK STATE ENERGY AND RESEARCH DEVELOPMENT AUTHORITY; 7. "ODORIZED PROPANE" MEANS PROPANE WHICH HAS AN ODORANT ADDED TO IT; 8. "PRODUCER" MEANS THE OWNER OF PROPANE AT THE TIME IT IS RECOVERED AT A GAS PROCESSING PLANT OR REFINERY; IRRESPECTIVE OF THE STATE WHERE PRODUCTION OCCURS; 9. "PROPANE" MEANS A HYDROCARBON WHOSE CHEMICAL COMPOSITION IS PREDO- MINATELY C3H8, WHETHER RECOVERED FROM NATURAL GAS OR CRUDE OIL, AND INCLUDES LIQUIFIED PETROLEUM GASES AND MIXTURES THEREOF; 10. "PUBLIC MEMBER" MEANS A DESIGNEE OF THE PRESIDENT OF THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY; 11. "QUALIFIED INDUSTRY ORGANIZATION" MEANS THE NEW YORK PROPANE GAS ASSOCIATION, THE NATIONAL PROPANE GAS ASSOCIATION, A SUCCESSOR ASSOCI- ATION OF THESE ASSOCIATIONS, OR ANY OTHER PROPANE INDUSTRY ORGANIZATION; 12. "RESEARCH" MEANS ANY TYPE OF STUDY, INVESTIGATION OR OTHER ACTIV- ITIES DESIGNED TO ADVANCE THE IMAGE, DESIRABILITY, USAGE, MARKETABILITY, EFFICIENCY, AND SAFETY OF PROPANE AND TO FURTHER THE DEVELOPMENT OF SUCH INFORMATION; 13. "RETAIL MARKETER" MEANS A PERSON ENGAGED PRIMARILY IN THE SALE OF ODORIZED PROPANE TO THE ULTIMATE CONSUMER OR TO RETAIL PROPANE DISPEN- SERS; AND 14. "RETAIL PROPANE DISPENSER" MEANS A PERSON WHO SELLS ODORIZED PROPANE TO THE ULTIMATE CONSUMER BUT IS NOT ENGAGED PRIMARILY IN THE BUSINESS OF SUCH SALES. S 14-103. REFERENDUM; CREATION AND TERMINATION OF A PROGRAM. 1. QUAL- IFIED INDUSTRY ORGANIZATIONS SHALL CONDUCT AT THEIR OWN EXPENSE, A REFERENDUM AMONG PRODUCERS AND RETAIL MARKETERS FOR THE CREATION OF A NEW YORK PROPANE EDUCATION AND SAFETY COUNCIL. THE COUNCIL, IF ESTAB- LISHED, SHALL REIMBURSE THE QUALIFIED INDUSTRY ORGANIZATIONS FOR THE COST OF THE REFERENDUM ACCOUNTING AND DOCUMENTATION. THE REFERENDUM SHALL BE CONDUCTED BY AN INDEPENDENT AUDITING FIRM AGREED TO BY THE QUALIFIED INDUSTRY ORGANIZATIONS. THE RESULTS, AS CERTIFIED BY AN INDE- PENDENT AUDITING FIRM, SHALL BE SUBMITTED TO THE PRESIDENT WITHIN THIRTY DAYS OF CERTIFICATION. VOTING RIGHTS IN THE REFERENDUM SHALL BE BASED ON THE VOLUME OF PROPANE PRODUCED OR ODORIZED PROPANE SOLD IN THE PREVIOUS CALENDAR YEAR. UPON APPROVAL OF THOSE PERSONS REPRESENTING TWO-THIRDS OF THE TOTAL VALUE OF PROPANE VOTED IN THE RETAIL MARKETER CLASS AND TWO-THIRDS OF ALL PROPANE VOTED IN THE PRODUCER CLASS, THE COUNCIL SHALL BE ESTABLISHED, AND SHALL BE AUTHORIZED TO LEVY AN ASSESSMENT ON ODOR- IZED PROPANE IN ACCORDANCE WITH SECTION 14-105 OF THIS ARTICLE. ALL PERSONS VOTING IN THE REFERENDUM SHALL CERTIFY TO THE INDEPENDENT AUDIT- ING FIRM THE VOLUME OF PROPANE REPRESENTED BY THEIR VOTE. 2. ON THE COUNCIL'S OWN INITIATIVE, OR ON PETITION TO THE COUNCIL BY PRODUCERS AND RETAIL MARKETERS REPRESENTING THIRTY-FIVE PERCENT OF THE VOLUME OF PROPANE IN EACH CLASS, THE COUNCIL SHALL, AT ITS OWN EXPENSE, HOLD A REFERENDUM TO BE CONDUCTED BY AN INDEPENDENT AUDITING FIRM SELECTED BY THE COUNCIL, TO DETERMINE WHETHER THE INDUSTRY FAVORS TERMI-
NATION OR SUSPENSION OF THE COUNCIL. TERMINATION OR SUSPENSION SHALL NOT TAKE EFFECT UNLESS IT IS APPROVED BY PERSONS REPRESENTING MORE THAN ONE-HALF OF THE TOTAL VOLUME OF ODORIZED PROPANE IN THE RETAIL MARKETER CLASS AND MORE THAN ONE-HALF THE TOTAL VOLUME OF PROPANE IN THE PRODUCER CLASS. S 14-104. NEW YORK PROPANE EDUCATION AND SAFETY COUNCIL. 1. THE QUALI- FIED INDUSTRY ORGANIZATIONS SHALL SELECT ALL RETAIL MARKETERS MEMBERS AND PRODUCER MEMBERS OF THE COUNCIL. THE PRESIDENT SHALL DESIGNATE ONE PUBLIC MEMBER. VACANCIES IN THE UNFINISHED TERMS OF COUNCIL MEMBERS SHALL BE FILLED IN THE SAME MANNER AS WERE THE ORIGINAL APPOINTMENTS. 2. IN SELECTING MEMBERS OF THE COUNCIL, THE QUALIFIED INDUSTRY ORGAN- IZATIONS SHALL GIVE DUE REGARD TO SELECTING A COUNCIL THAT IS REPRESEN- TATIVE OF THE INDUSTRY, INCLUDING REPRESENTATION OF: (A) GAS PROCESSORS AND OIL REFINERS AMONG PRODUCERS; (B) INTERSTATE AND INTRASTATE OPERATORS AMONG RETAIL MARKETERS; (C) LARGE AND SMALL COMPANIES AMONG PRODUCERS AND RETAIL MARKETERS, INCLUDING AGRICULTURAL COOPERATIVES; AND (D) DIVERSE GEOGRAPHIC REGIONS OF THE STATE. 3. THE COUNCIL SHALL CONSIST OF NO LESS THAN FIVE AND UP TO SEVEN MEMBERS, WITH NO LESS THAN FOUR AND UP TO SIX MEMBERS REPRESENTING RETAIL MARKETERS AND PRODUCERS, AND ONE PUBLIC MEMBER. OTHER THAN THE PUBLIC MEMBER, COUNCIL MEMBERS SHALL BE FULL-TIME EMPLOYEES OR OWNERS OF BUSINESSES IN THE INDUSTRY OR REPRESENTATIVES OF AGRICULTURAL COOPER- ATIVES. NO EMPLOYEE OF A QUALIFIED INDUSTRY ORGANIZATION SHALL SERVE AS A MEMBER OF THE COUNCIL, AND NO MEMBER OF THE COUNCIL MAY SERVE CONCUR- RENTLY AS AN OFFICER OF THE BOARD OF DIRECTORS OF A QUALIFIED INDUSTRY ORGANIZATION OR OTHER TRADE ASSOCIATION. ONLY ONE PERSON AT A TIME FROM ANY COMPANY OR ITS AFFILIATE MAY SERVE ON THE COUNCIL. THE PRESIDENT MAY SERVE AS AN EX-OFFICIO NON-VOTING MEMBER OF THE COUNCIL. 4. COUNCIL MEMBERS SHALL RECEIVE NO COMPENSATION FOR THEIR SERVICES, NOR SHALL COUNCIL MEMBERS BE REIMBURSED FOR EXPENSES RELATING TO THEIR SERVICE, EXCEPT THAT PUBLIC MEMBERS, UPON REQUEST, MAY BE REIMBURSED FOR REASONABLE EXPENSES DIRECTLY RELATED TO THEIR PARTICIPATION IN COUNCIL MEETINGS. 5. COUNCIL MEMBERS SHALL SERVE TERMS OF THREE YEARS AND MAY NOT SERVE MORE THAN TWO FULL CONSECUTIVE TERMS. MEMBERS FILLING UNEXPIRED TERMS MAY SERVE NOT MORE THAN A TOTAL OF SEVEN CONSECUTIVE YEARS. FORMER MEMBERS OF THE COUNCIL MAY BE RETURNED TO THE COUNCIL IF THEY HAVE NOT BEEN MEMBERS FOR A PERIOD OF TWO YEARS. INITIAL APPOINTMENTS TO THE COUNCIL SHALL BE FOR TERMS OF ONE, TWO, AND THREE YEARS STAGGERED TO PROVIDE FOR THE SELECTION OF FOUR MEMBERS EACH YEAR. THE COUNCIL SHALL NOTIFY THE PRESIDENT OF THE NAME, ADDRESS, AND PROPANE-RELATED AFFIL- IATION, IF ANY, OF A COUNCIL MEMBER WITHIN THIRTY DAYS AFTER THE APPOINTMENT OF THE MEMBER TO THE COUNCIL. 6. THE COUNCIL SHALL DEVELOP PROGRAMS AND PROJECTS AND ENTER INTO CONTRACTS OR AGREEMENTS FOR IMPLEMENTING THIS ARTICLE, INCLUDING PROGRAMS TO ENHANCE CONSUMER AND EMPLOYEE SAFETY AND TRAINING, WHICH MAY INCLUDE THE TRAINING REQUIRED BY SECTION THREE HUNDRED NINETY-ONE-AA OF THE GENERAL BUSINESS LAW, TO PROVIDE FOR RESEARCH AND DEVELOPMENT OF CLEAN AND EFFICIENT PROPANE UTILIZATION EQUIPMENT, TO INFORM AND EDUCATE THE PUBLIC ABOUT SAFETY AND OTHER ISSUES ASSOCIATED WITH THE USE OF PROPANE, AND TO PROVIDE FOR THE PAYMENT OF THE COSTS THEREOF WITH FUNDS COLLECTED PURSUANT TO THIS ARTICLE. THE COUNCIL SHALL COORDINATE ITS ACTIVITIES WITH INDUSTRY TRADE ASSOCIATIONS, HUDSON VALLEY COMMUNITY COLLEGE, OTHER COMMUNITY COLLEGES AND OTHERS AS APPROPRIATE TO PROVIDE
EFFICIENT DELIVERY OF SERVICES AND TO AVOID UNNECESSARY DUPLICATION OF ACTIVITIES. 7. ISSUES RELATED TO RESEARCH AND DEVELOPMENT, SAFETY, EDUCATION, AND TRAINING SHALL BE GIVEN PRIORITY BY THE COUNCIL IN THE DEVELOPMENT OF ITS PROGRAMS AND PROJECTS. 8. THE COUNCIL SHALL SELECT FROM AMONG ITS MEMBERS A CHAIRPERSON AND OTHER OFFICERS AS NECESSARY, MAY ESTABLISH COMMITTEES AND SUBCOMMITTEES OF THE COUNCIL, AND SHALL ADOPT RULES AND BYLAWS FOR THE CONDUCT OF BUSINESS AND THE IMPLEMENTATION OF THIS ARTICLE. THE COUNCIL SHALL ESTABLISH PROCEDURES FOR THE SOLICITATION OF INDUSTRY COMMENT AND RECOM- MENDATIONS ON ANY SIGNIFICANT PLANS, PROGRAMS, AND PROJECTS TO BE FUNDED BY THE COUNCIL. THE COUNCIL MAY ESTABLISH ADVISORY COMMITTEES OF PERSONS OTHER THAN COUNCIL MEMBERS. 9. AT THE BEGINNING OF EACH FISCAL PERIOD, THE COUNCIL SHALL PREPARE A BUDGET PLAN FOR THE NEXT FISCAL PERIOD, INCLUDING THE PROBABLE COST OF ALL PROGRAMS, PROJECTS, AND CONTRACTS AND A RECOMMENDED RATE OF ASSESS- MENT SUFFICIENT TO COVER SUCH COSTS. THE COUNCIL SHALL SUBMIT THE PROPOSED BUDGET TO THE PRESIDENT FOR REVIEW AND COMMENT. THE PRESIDENT MAY RECOMMEND PROGRAMS AND ACTIVITIES CONSIDERED APPROPRIATE. 10. THE COUNCIL SHALL KEEP MINUTES, BOOKS, AND RECORDS THAT CLEARLY REFLECT ALL OF THE ACTS AND TRANSACTIONS OF THE COUNCIL AND MAKE PUBLIC SUCH INFORMATION. THE BOOKS OF THE COUNCIL SHALL BE AUDITED BY A CERTI- FIED PUBLIC ACCOUNTANT AT LEAST ONCE EACH FISCAL YEAR AND AT SUCH OTHER TIMES AS THE COUNCIL MAY DESIGNATE. THE EXPENSE OF THE AUDIT SHALL BE THE RESPONSIBILITY OF THE COUNCIL. COPIES OF SUCH AUDIT SHALL BE PROVIDED TO ALL MEMBERS OF THE COUNCIL, ALL QUALIFIED INDUSTRY ORGANIZA- TIONS, AND TO OTHER MEMBERS OF THE INDUSTRY UPON REQUEST. S 14-105. ASSESSMENTS. 1. THE COUNCIL SHALL SET THE ASSESSMENT AT NO GREATER THAN ONE-TENTH OF ONE CENT PER GALLON OF ODORIZED PROPANE. 2. THE OWNER OF ODORIZED PROPANE AT THE TIME OF ODORIZATION, OR THE TIME OF IMPORT OF ODORIZED PROPANE SHALL MAKE THE ASSESSMENT BASED ON THE VOLUME OF ODORIZED PROPANE SOLD. THE ASSESSMENT, WHEN MADE, SHALL BE LISTED AS A SEPARATE LINE ITEM ON THE BILL LABELED "NEW YORK PROPANE EDUCATION AND SAFETY ASSESSMENT". ASSESSMENTS COLLECTED FROM PURCHASERS OF PROPANE ARE PAYABLE TO THE COUNCIL ON A MONTHLY BASIS BY THE TWENTY- FIFTH OF THE MONTH FOLLOWING THE MONTH OF COLLECTION. IF PAYMENT IS NOT MADE TO THE COUNCIL BY THE DUE DATE UNDER THIS SUBDIVISION, AN INTEREST PENALTY OF ONE PERCENT OF ANY AMOUNT UNPAID SHALL BE ADDED FOR EACH MONTH OR FRACTION OF A MONTH AFTER THE DUE DATE, UNTIL FINAL PAYMENT IS MADE. 3. THE COUNCIL MAY ESTABLISH AN ALTERNATIVE MEANS OF COLLECTING THE ASSESSMENT IF ANOTHER MEANS IS FOUND TO BE MORE EFFICIENT AND EFFECTIVE. THE COUNCIL MAY ESTABLISH A LATE PAYMENT CHARGE AND RATE OF INTEREST TO BE IMPOSED ON ANY PERSON WHO FAILS TO REMIT OR PAY TO THE COUNCIL ANY AMOUNT DUE UNDER THIS ARTICLE. 4. PENDING DISBURSEMENT PURSUANT TO A PROGRAM, PLAN, OR PROJECT, THE COUNCIL SHALL INVEST FUNDS COLLECTED THROUGH ASSESSMENTS, AND ANY OTHER FUNDS RECEIVED BY THE COUNCIL, ONLY IN OBLIGATIONS OF THE UNITED STATES OR ANY AGENCY THEREOF, IN GENERAL OBLIGATIONS OF ANY STATE OR POLITICAL SUBDIVISION THEREOF, IN ANY INTEREST-BEARING ACCOUNT OR CERTIFICATE OF DEPOSIT OF A BANK THAT IS A MEMBER OF THE FEDERAL RESERVE SYSTEM, OR IN OBLIGATIONS FULLY GUARANTEED AS TO PRINCIPAL AND INTEREST BY THE UNITED STATES. S 14-106. COMPLIANCE. THE SUPREME COURT IS VESTED WITH THE JURISDIC- TION SPECIFICALLY TO ENFORCE THE PROVISIONS OF THIS ARTICLE, AND PREVENT OR RESTRAIN ANY PERSON FROM VIOLATING ANY SUCH PROVISION. A SUCCESSFUL
ACTION FOR COMPLIANCE UNDER THIS SECTION MAY ALSO REQUIRE PAYMENT BY THE DEFENDANT OF THE COSTS INCURRED BY THE COUNCIL IN BRINGING THE ACTION. S 14-107. LOBBYING RESTRICTIONS. NO FUNDS COLLECTED BY THE COUNCIL SHALL BE USED IN ANY MANNER FOR INFLUENCING LEGISLATION OR ELECTIONS, EXCEPT THAT THE COUNCIL MAY RECOMMEND TO THE PRESIDENT CHANGES IN THIS ARTICLE OR OTHER STATUTES THAT WOULD FURTHER THE PURPOSE OF THIS ARTI- CLE. S 14-108. PRICING. IN ALL CASES, THE PRICE OF PROPANE SHALL BE DETER- MINED BY MARKET FORCES. CONSISTENT WITH THE ANTITRUST LAWS, THE COUNCIL MAY TAKE NO ACTION, NOR MAY ANY PROVISION OF THIS ARTICLE BE INTERPRETED AS ESTABLISHING AN AGREEMENT TO PASS ALONG TO CONSUMERS THE COST OF THE ASSESSMENT PROVIDED FOR IN SECTION 14-105 OF THIS ARTICLE. S 14-109. RELATION TO OTHER PROGRAMS. NOTHING IN THIS ARTICLE MAY BE CONSTRUED TO PREEMPT OR SUPERSEDE ANY OTHER PROGRAM RELATING TO PROPANE EDUCATION AND SAFETY ORGANIZED AND OPERATED UNDER THE LAWS OF THE STATE OF NEW YORK. S 2. The general business law is amended by adding a new section 391- aa to read as follows: S 391-AA. LIQUEFIED PETROLEUM GAS SYSTEMS; CONSUMER PROTECTIONS. 1. ON OR AFTER JULY FIRST, TWO THOUSAND FOURTEEN, NO LIQUEFIED PETROLEUM GAS MARKETER OR ANY OTHER PERSON SHALL INSTALL, INSPECT OR SERVICE LIQUEFIED PETROLEUM GAS SYSTEMS IN NEW YORK STATE OR HOLD HIMSELF, HERSELF OR ITSELF OUT TO BE QUALIFIED OR ADEQUATELY TRAINED TO INSTALL, INSPECT OR SERVICE LIQUEFIED PETROLEUM GAS SYSTEMS IN NEW YORK STATE WITHOUT FIRST SUCCESSFULLY COMPLETING THE FOLLOWING PORTIONS OF A PROPANE SAFETY AND TRAINING PROGRAM KNOWN AS THE PROPANE EDUCATION AND RESEARCH COUNCIL'S CERTIFIED EMPLOYEE TRAINING PROGRAM, AS AMENDED FROM TIME TO TIME: A. BASIC PRINCIPLES AND PRACTICES OF PROPANE (ALSO KNOWN AS BOOK 1.0); B. DESIGNING AND INSTALLING EXTERIOR VAPOR DISTRIBUTIONS SYSTEMS (ALSO KNOWN AS BOOK 4.1); C. PLACING VAPOR DISTRIBUTION SYSTEMS AND APPLIANCES INTO OPERATION (ALSO KNOWN AS BOOK 4.2); D. INSTALLING APPLIANCES AND INTERIOR VAPOR DISTRIBUTION SYSTEMS (ALSO KNOWN AS BOOK 4.3); AND E. DESIGNING AND INSTALLING DISPENSER TRANSFER SYSTEMS (ALSO KNOWN AS BOOK 5.1); SUCH TRAINING SHALL BE PROVIDED BY A QUALIFIED PROPANE INDUSTRY ORGAN- IZATION. 2. WITHIN THIRTY DAYS OF THE EFFECTIVE DATE OF THIS SECTION, EVERY LIQUEFIED PETROLEUM GAS MARKETER OR ANY OTHER PERSON HIRED TO INSTALL, INSPECT, OR SERVICE A LIQUEFIED PETROLEUM GAS SYSTEM SHALL POST ON HIS, HER, OR ITS WEBSITE, IF SUCH A WEBSITE IS MAINTAINED, AN INDICATION OF WHETHER THE TRAINING REQUIRED BY THIS SECTION HAS BEEN COMPLETED BY THE INDIVIDUALS THAT WILL BE PERFORMING SUCH WORK. PRIOR TO COMMENCING THE INSTALLATION, INSPECTION OR SERVICE OF A LIQUEFIED PETROLEUM GAS SYSTEM, A LIQUEFIED PETROLEUM GAS MARKETER OR ANY OTHER PERSON HIRED TO PERFORM SUCH WORK SHALL PROVIDE THE CUSTOMER OR PROSPECTIVE CUSTOMER, UPON REQUEST, A WRITTEN NOTICE THAT THE INDIVIDUALS THAT WILL PERFORM SUCH WORK HAVE SUCCESSFULLY COMPLETED THE TRAINING REQUIRED BY THIS SECTION. 3. IN THE EVENT THAT A LIQUEFIED PETROLEUM GAS MARKETER OR ANY OTHER PERSON HIRED TO INSTALL, INSPECT OR SERVICE A LIQUEFIED PETROLEUM GAS SYSTEM PERFORMS SUCH WORK WITHOUT HAVING FIRST SUCCESSFULLY COMPLETED THE TRAINING REQUIRED BY THIS SECTION, SUCH LIQUEFIED PETROLEUM GAS MARKETER OR SUCH OTHER PERSON SHALL BE CIVILLY LIABLE FOR ANY PROPERTY
DAMAGE, INJURY OR DEATH CAUSED BY SUCH INSTALLATION, INSPECTION OR SERVICE. 4. IT IS HEREBY DECLARED TO BE A DECEPTIVE TRADE ACT AND PRACTICE AND UNLAWFUL FOR ANY LIQUEFIED PETROLEUM GAS MARKETER OR ANY OTHER PERSON TO HOLD HIMSELF, HERSELF OR ITSELF OUT TO BE QUALIFIED OR ADEQUATELY TRAINED TO INSTALL, INSPECT OR SERVICE LIQUEFIED PETROLEUM GAS SYSTEMS IN NEW YORK STATE WITHOUT FIRST SUCCESSFULLY COMPLETING THE TRAINING REQUIRED BY THIS SECTION. 5. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO ALTER OR SUPERSEDE ANY REQUIREMENTS PERTAINING TO LIQUEFIED PETROLEUM GASES SET FORTH IN THE FIRE CODE OF NEW YORK STATE OR THE FUEL GAS CODE OF NEW YORK STATE. 6. FOR THE PURPOSES OF THIS SECTION THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: A. "PERSON" SHALL MEAN ANY NATURAL PERSON, SOLE PROPRIETORSHIP, PART- NERSHIP, CORPORATION, LIMITED LIABILITY COMPANY, TRUST, INCORPORATED OR UNINCORPORATED ASSOCIATION, OR ANY OTHER LEGAL ENTITY. B. "LIQUEFIED PETROLEUM GAS" SHALL MEAN LIQUEFIED PETROLEUM GAS AS SUCH TERM IS DEFINED IN SECTION ONE HUNDRED NINETY-TWO-E OF THE AGRICUL- TURE AND MARKETS LAW. C. "LIQUEFIED PETROLEUM GAS SYSTEM" SHALL MEAN ANY SYSTEM, EQUIPMENT, OR COMPONENT, INDIVIDUALLY OR COLLECTIVELY, THAT UTILIZES LIQUEFIED PETROLEUM GAS INCLUDING BUT NOT LIMITED TO A STORAGE CONTAINER, STORAGE CYLINDER, END POINT OR POINTS OF COMBUSTION, APPLIANCES AND ALL ATTACH- MENTS UTILIZING OR TRANSPORTING LIQUEFIED PETROLEUM GAS. D. "LIQUEFIED PETROLEUM GAS MARKETER" SHALL MEAN ANY NATURAL PERSON, SOLE PROPRIETORSHIP, PARTNERSHIP, CORPORATION, LIMITED LIABILITY COMPA- NY, TRUST, INCORPORATED OR UNINCORPORATED ASSOCIATION, OR ANY OTHER LEGAL ENTITY ENGAGED DIRECTLY IN THE RETAIL SALE OR RETAIL TRANSPORT OF LIQUEFIED PETROLEUM GAS. E. "QUALIFIED PROPANE INDUSTRY ORGANIZATION" SHALL MEAN THE NEW YORK PROPANE GAS ASSOCIATION, THE NATIONAL PROPANE GAS ASSOCIATION, A SUCCES- SOR ORGANIZATION OF THESE ASSOCIATIONS, OR ANY OTHER PROPANE INDUSTRY ORGANIZATION AUTHORIZED TO DO BUSINESS IN NEW YORK STATE THAT IS DESIGNED PRIMARILY TO PROVIDE INFORMATION REGARDING PROPANE, PROPANE EQUIPMENT, MECHANICAL AND TECHNICAL PRACTICES, AND PROPANE USES TO CONSUMERS AND MEMBERS OF THE PROPANE INDUSTRY. S 3. This act shall take effect immediately.

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