Bill Text: NY A10432 | 2023-2024 | General Assembly | Amended

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Bill Title: Prohibits the misrepresentation or collection of certain fees related to the delivery, usage, and storage of liquified petroleum.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-06-03 - print number 10432a [A10432 Detail]

Download: New_York-2023-A10432-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                        10432--A

                   IN ASSEMBLY

                                      May 24, 2024
                                       ___________

        Introduced  by COMMITTEE ON RULES -- (at request of M. of A. Woerner) --
          read once and referred to the Committee on  Agriculture  --  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 fees
          related to liquified petroleum

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section 1. Section 192-e of the agriculture and markets law is amended
     2  by adding four new subdivisions 10, 11, 12 and 13 to read as follows:
     3    10. A seller shall not misrepresent the nature of any fee, nor collect
     4  from a consumer:
     5    (a)  a special usage fee that is greater than a nominal value. For the
     6  purposes of this section, "special usage fee" shall mean a  fee  charged
     7  to a consumer for using less than the minimum amount of liquified petro-
     8  leum  gas  as  established  by the seller. No special usage fee shall be
     9  charged except for when: (i) the consumer's usage of liquified petroleum
    10  gas is low enough that the seller would otherwise be unable  to  make  a
    11  reasonable  return  on  investment for providing liquified petroleum gas
    12  service to that consumer; (ii) the special usage fee shall be  disclosed
    13  in  the  contract  between  the  seller  and  the  consumer; and (iii) a
    14  description of the fee shall be provided on the consumer's bill pursuant
    15  to subdivision twelve of this section;
    16    (b) a fee for liquified petroleum gas that is not  actually  delivered
    17  to a consumer;
    18    (c) a fee related to termination of liquified petroleum gas service at
    19  the  agreed  upon  end  of contract between the seller and the consumer,
    20  including a fee:
    21    (i) to remove the seller's liquified petroleum gas tank from the prem-
    22  ises;
    23    (ii) to pump out or restock liquified petroleum gas; or
    24    (iii) to terminate service;
    25    (d) a fee related to termination of liquified  petroleum  gas  service
    26  prior  to  the  agreed upon end of a contract between the seller and the

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13746-03-4
        A. 10432--A                         2

     1  consumer, that is (i) greater than a nominal value, or (ii) greater than
     2  the cost of labor;
     3    (e)  a  tank  rental  fee for any period of time after the service has
     4  been disconnected by the seller or the consumer has notified the  seller
     5  that the seller's equipment is no longer connected;
     6    (f)  any  amounts  for the repair of equipment or for any special trip
     7  related to the repair of equipment if the equipment owned  by  a  seller
     8  malfunctions  through  no fault of a consumer or other person authorized
     9  to be on the premises;
    10    (g) a delivery fee if the seller fails to make a delivery  through  no
    11  fault  of  the consumer and the consumer runs out of liquified petroleum
    12  gas as a result; or
    13    (h) a fee, the basis of which is not  compliant  with  any  applicable
    14  statute or rule.
    15    11.  A  seller shall provide a rebate to a consumer equal to the price
    16  paid by that consumer for liquified petroleum gas that is removed from a
    17  liquified petroleum gas tank by the seller and resold.
    18    12. A seller of liquified petroleum gas shall provide on each  bill  a
    19  description of the nature and purpose of each fee that is being charged.
    20    13.  The fiscal impact of being compliant with any governmental, regu-
    21  latory, or environmental requirement shall not  be  borne  by  liquified
    22  petroleum  gas  consumers  and shall not be added to bills rendered by a
    23  company selling liquified petroleum gas; provided,  however,  that  this
    24  subdivision  shall  not limit the per-gallon price charged by sellers or
    25  prohibit collection of any tax allowable under state law.
    26    § 2. This act shall take effect immediately.