NY State Senate Bill 2013-S6899

Senate Bill S6899

2013-2014 Legislative Session

Establishes a home heating fuel oil consumer assistance program and relates to home heating fuel oil pricing disclosure

download bill text pdf

Archive: Last Bill Status - In Senate Committee Energy And Telecommunications Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 27, 2014	referred to energy and telecommunications

2013-S6899 (ACTIVE) - Details

See Assembly Version of this Bill:: A9383
Current Committee:: Senate Energy And Telecommunications
Law Section:: Public Authorities Law
Laws Affected:: Amd §1854, Pub Auth L; add Art 36-E §778-bb, Gen Bus L

2013-S6899 (ACTIVE) - Summary

Establishes a home heating fuel oil consumer assistance program and relates to home heating fuel oil pricing disclosure.

2013-S6899 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S6899

TITLE OF BILL:  An act to amend the public authorities law and the
general business law, in relation to establishing a home heating fuel
oil consumer assistance program and in relation to home heating fuel
oil pricing disclosure

PURPOSE: To ensure consumer protection for the delivery and use of
home heating fuel oil.

SUMMARY OF PROVISIONS:

Section 1 adds a new subdivision 22 of section 1854 of the public
authorities law, for the New York State Energy and Research
Development Authority (NYSERDA) to establish educational materials,
including a consumer hotline and dedicated website for information
regarding home heating fuel oil and authority for NYSERDA to direct
complaints to proper authority for mediation purposes.

Section 2 creates a new Article 36-E of the general business law for
home heating fuel oil pricing disclosure to ensure that consumers of
home heating fuel oil have to delivered annually the information made
publicly available by NYSERDA regarding the use, main components of
price, conservation measures federal and state assistance programs,
and the consumer complaint hotline for home heating fuel oil as a
means for consumer protection.

Section 3 sets the effective date

JUSTIFICATION: According to the U.S. Energy Information
Administration, the northeastern United States accounts for 85% of all
residential fuel oil sales in the country - New York State being the
number one consumer. To make matters worse, the consumer prices have
risen dramatically in the last fifteen years - by 496% (as per NYSERDA
data: $0.876/gal. in September 1998 versus $4.342/gal. in Feb. 2014,
most recent figures available). As the prices of this invaluable
commodity continue to rise, disproportionately affecting tight
household budgets, consumers are increasingly vulnerable to
unscrupulous providers. This bill would require NYSERDA to create, as
a public service, a hotline and website dedicated to consumer
complaints related to fuel oil and direct them to appropriate
authorities for mediation. Additionally, upon annual delivery of fuel
oil for home heating use, information packets will be disclosed to
consumers to provide better understanding of the pricing and remedies
available for disputes over such matters.

LEGISLATIVE HISTORY: This is a new bill.

FISCAL IMPLICATIONS: None to the state.

EFFECTIVE DATE: This act shall take effect immediately.

2013-S6899 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6899

                            I N  S E N A T E

                             March 27, 2014
                               ___________

Introduced  by  Sen. MARTINS -- read twice and ordered printed, and when
  printed to be committed to the Committee on  Energy  and  Telecommuni-
  cations

AN ACT to amend the public authorities law and the general business law,
  in  relation  to establishing a home heating fuel oil consumer assist-
  ance program and in relation to home heating fuel oil pricing  disclo-
  sure

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

  Section 1. Section 1854 of the public authorities law  is  amended  by
adding a new subdivision 22 to read as follows:
  22.  TO  CREATE A HOME HEATING FUEL OIL CONSUMER ASSISTANCE PROGRAM TO
INITIATE AND ENCOURAGE CONSUMER EDUCATION PROGRAMS FOR THE  PURPOSES  OF
PROVIDING OUTREACH AND EDUCATION MATERIALS TO CONSUMERS AND PROVIDERS OF
HOME  HEATING  FUEL OIL, AND TO RECEIVE COMPLAINTS OF CONSUMERS, ATTEMPT
TO MEDIATE SUCH COMPLAINTS WHERE APPROPRIATE, AND  REFER  COMPLAINTS  TO
THE  APPROPRIATE FEDERAL, STATE OR LOCAL AGENCY AUTHORIZED BY LAW OR THE
OFFICE  OF  THE  ATTORNEY  GENERAL  FOR  APPROPRIATE  ACTION   ON   SUCH
COMPLAINTS. THERE SHALL BE A SINGLE STATEWIDE TELEPHONE NUMBER AND DEDI-
CATED  WEBSITE  FOR USE BY ALL PERSONS SEEKING GENERAL INFORMATION ABOUT
HOME HEATING FUEL OIL.
  S 2. The general business law is amended by adding a new article  36-E
to read as follows:
                               ARTICLE 36-E
                HOME HEATING FUEL OIL PRICING DISCLOSURE
SECTION 778-BB. HOME HEATING FUEL OIL PRICING DISCLOSURE.
  S 778-BB. HOME HEATING FUEL OIL PRICING DISCLOSURE. IT SHALL BE UNLAW-
FUL  FOR  ANY  PERSON, FIRM OR CORPORATION TO SELL OR OFFER FOR SALE ANY
HOME HEATING FUEL OIL OR ENTER INTO A CONTRACT FOR HOME HEATING FUEL OIL
SERVICES UNLESS SUCH SELLER PRIOR TO THE FIRST ANNUAL DELIVERY  OF  HOME
HEATING FUEL OIL OR UPON EXECUTION OF ANY CONTRACT WHICH INCLUDES DELIV-
ERY  OF HOME HEATING FUEL OIL, PROVIDES THE CONSUMER WITH WRITTEN INFOR-
MATION, AVAILABLE FROM THE NEW YORK STATE ENERGY AND  RESEARCH  DEVELOP-
MENT  AUTHORITY,  RELATING TO THE USE OF HOME HEATING FUEL OIL; THE MAIN

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD14561-01-4

S. 6899                             2

COMPONENTS OF THE PRICE OF HOME HEATING FUEL OIL; HOME HEATING CONSERVA-
TION MEASURES; INFORMATION RELATING TO FEDERAL AND STATE ENERGY  ASSIST-
ANCE PROGRAMS WHICH SHALL BE DEVELOPED WITH THE NEW YORK STATE OFFICE OF
TEMPORARY  AND  DISABILITY ASSISTANCE; AND THE NEW YORK STATE ENERGY AND
RESEARCH DEVELOPMENT AUTHORITY STATEWIDE HOME HEATING FUEL OIL TELEPHONE
NUMBER PURSUANT TO SUBDIVISION TWENTY-TWO OF  SECTION  EIGHTEEN  HUNDRED
FIFTY-FOUR OF THE PUBLIC AUTHORITIES LAW.
  S 3. This act shall take effect immediately.

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