N.Y. Agriculture & Markets Law § 192-e: Sale and delivery of liquefied petroleum gas

§ 192-e. Sale and delivery of liquefied petroleum gas. 1. Definition.

For the purpose of this section "liquefied petroleum gas" shall mean any

material or substance which is predominantly composed of any of the

following hydrocarbons or mixtures of the same: propane, propylene,

butane, normal or iso-, and butylene.

2. Liquefied petroleum gas shall be sold or offered for sale by

avoirdupois net weight, by liquid measure based on the standard United

States gallon of two hundred and thirty-one cubic inches, by cubic feet

based on the standard cubic foot of one thousand seven hundred and

twenty-eight cubic inches, or by the appropriate units in the metric

system, or multiple or decimal subdivisions of those units as determined

by the commissioner.

3. When liquefied petroleum gas is sold, offered or exposed for sale

by package weight, variations at the rate of one percent under the

specified net weight of the container are permitted in individual

containers, but the average weight of not less than twelve containers

shall not be less than the marked net weight of the containers.

4. Containers used where the gas content is sold by package weight

must have the tare weight plainly and conspicuously marked on the

container or on permanently attached appurtenances, and the net contents

plainly and conspicuously marked on the container or on a tag or other

type of label firmly attached thereto. Tare weight shall be construed to

be the weight of the container, valve and other permanent attachment but

does not include the valve-protecting cap; provided, however, that

disposable containers weighing five pounds or less when filled shall be

exempt from the tare weight marking requirements.

5. When liquefied petroleum gas is sold or delivered in package form

and the cylinder or container is connected to the consumer's apparatus,

such cylinder or container shall neither be disconnected nor removed

from the premises before it becomes empty, except as may be provided

hereinafter. When removed before becoming empty such cylinder or

container shall be weighed by the seller to determine the quantity of

liquefied petroleum gas remaining in such cylinder or container and a

written receipt issued to the purchaser or consumer stating such

quantity and the amount of the credit due. When weighed on the

customer's premises, weight shall be subject to verification by the

seller at the dealer distribution point or the filling plant to

determine whether credit is due the customer. A cylinder or container

shall be considered empty when the gross weight of the cylinder or

container does not exceed the tare weight as marked within the tolerance

allowed.

6. 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

thereof. 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 foregoing 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. For systems equipped with the capability of issuing an electronic

receipt, ticket or other recorded representation, the customer may be

given the option to receive any required information electronically by

means of a cellular telephone, mobile telephone, computer, computer

tablet or any other personal electronic device, in lieu of or in

addition to a hard copy.

6-a. a. Definitions. For the purposes of this subdivision:

(i) "liquefied petroleum gas tank" shall mean a cylinder, container or

receptacle, fixed in place, that is intended to be used to store

liquefied petroleum gas for the purpose of heating, or generating

electric power, for a residential customer;

(ii) "qualifying emergency" shall mean:

(A) a federal, state or local state of emergency has been declared, or

federal or state authorities have granted a waiver from

hours-of-operations limitations affecting liquefied petroleum gas

deliveries; or

(B) severe weather or any other similar circumstance exist that may

result in an individual being placed in imminent danger of death or

injury, or may result in a building structure and/or its fixtures being

at risk of significant damage due to lack of residential heat caused by

the lack of sufficient liquified petroleum gas to produce residential

heat;

(iii) "regular supplier" shall mean a person, firm, limited liability

company or corporation that owns a liquefied petroleum gas tank and

that, pursuant to a current contract, has agreed to supply liquefied

petroleum gas to such tank for use by a residential customer or the

customer's agent or agents; and

(iv) "temporary emergency supplier" shall mean a person, firm, limited

liability company or corporation that fills, refills or otherwise

delivers liquefied petroleum gas into a liquefied petroleum gas tank it

does not own, where such tank is subject to an existing contract between

a regular supplier and their customer.

b. Notwithstanding any other law, rule or regulation to the contrary,

when a qualifying emergency is in effect, a residential customer who has

a contract with a regular supplier to fill a liquefied petroleum gas

tank reasonably believes the amount of liquefied petroleum gas in their

tank will be insufficient to meet the customer's heating needs, the

customer shall make a good faith effort to procure delivery of liquefied

petroleum gas from such regular supplier. If the regular supplier is

unable to make a scheduled delivery or fulfill the customer's good faith

request, directly or through another supplier, for delivery within

twenty-four hours, the customer may arrange to have a temporary

emergency supplier fill, refill or otherwise deliver liquefied petroleum

gas into such liquefied petroleum gas tank, provided that the temporary

emergency supplier ensures that such tank, and the devices and pipelines

operated in connection with such tank, have been inspected and certified

as required by law and all applicable regulations. The temporary

emergency supplier shall assume all liability that may result from the

improper filling, inspection, or testing of such tank. The temporary

emergency supplier that fills, refills, or otherwise delivers liquified

petroleum gas under this subdivision must notify the regular supplier,

in written form, within five business days, the customer's name and

address, the date and quantity delivered, changes made to the system, if

any, and pressure test results, if required.

c. When a temporary emergency supplier delivers liquefied petroleum

gas to a residential customer pursuant to this subdivision, neither such

temporary emergency supplier nor such customer's regular supplier may

charge any penalty or fee in addition to any filling, refilling or

delivery fees that are usually charged to other customers in the course

of business under circumstances when paragraph b of this subdivision is

not applicable.

d. Any contract executed subsequent to the effective date of this

subdivision for the supply of liquefied petroleum gas to a residential

customer shall include provisions relating to delivery and fees pursuant

to paragraphs b and c of this subdivision if applicable.

e. Nothing in this subdivision shall be deemed to restrict a liquefied

petroleum gas customer who owns a liquefied petroleum gas tank from

procuring such gas from any supplier.

f. In all other circumstances other than those described in this

section, it shall not be permissible for any person, firm, limited

liability company or corporation to remove or fill any liquified

petroleum gas from a liquified petroleum gas tank, cylinder, container

or receptacle without the consent of the owner of such tank, cylinder,

container or receptacle.

6-b. The commissioner, in cooperation with the department of law,

shall develop a "propane consumer bill of rights" consistent with this

section to address the rights of consumers who enter into contracts for

the provision and delivery of liquefied petroleum gas, including the

right of customers to purchase liquefied petroleum gas from temporary

suppliers pursuant to subdivision six-a of this section. Such bill of

rights shall be provided by every regular supplier of liquefied

petroleum gas to the consumer when a contract is executed, and then

annually while a contract remains in effect and the department shall

post such bill of rights on its website.

7. The use of artificial heat for the purpose of expanding liquefied

petroleum gas before or during the process of delivery, when the basis

of settlement for such sale or delivery is liquid volume, is prohibited.

8. a. New meters for measuring liquefied petroleum gas sold in the

vapor state shall be sealed by the manufacturer thereof as hereinafter

provided or by a weights and measures official. The commissioner may

prescribe by regulation the specifications and tolerances governing the

testing and sealing of such meters and the method of determining the

quantity of liquefied petroleum gas, and may authorize any manufacturer

or distributor of liquefied petroleum gas to seal used meters upon

written agreement to conform to said regulations. The commissioner may

revoke for cause the authority so given by him to any manufacturer or

distributor of liquefied petroleum gas.

b. Meters equipped with automatic temperature compensation shall be

sealed and may be used to compute all retail and wholesale transactions.

9. The provisions of this article shall not apply to interstate tank

car and transport truck deliveries to bulk storage, nor to public

utility systems using pipes or other fixtures in the public highways or

streets for the transmission of liquefied petroleum gas and operating

under the jurisdiction of the public service commission of this state,

nor to any public service company whose operations are subject to the

jurisdiction of the said public service commission.