§ 192-E — Sale and delivery of liquefied petroleum gas

§ 192-e. Sale and delivery of liquefied petroleum gas. 1. Definition.\nFor the purpose of this section "liquefied petroleum gas" shall mean any\nmaterial or substance which is predominantly composed of any of the\nfollowing hydrocarbons or mixtures of the same: propane, propylene,\nbutane, normal or iso-, and butylene.\n 2. Liquefied petroleum gas shall be sold or offered for sale by\navoirdupois net weight, by liquid measure based on the standard United\nStates gallon of two hundred and thirty-one cubic inches, by cubic feet\nbased on the standard cubic foot of one thousand seven hundred and\ntwenty-eight cubic inches, or by the appropriate units in the metric\nsystem, or multiple or decimal subdivisions of those units as determined\nby the commissioner.\n 3. When liquefied petroleum gas is sold, offered or exposed for sale\nby package weight, variations at the rate of one percent under the\nspecified net weight of the container are permitted in individual\ncontainers, but the average weight of not less than twelve containers\nshall not be less than the marked net weight of the containers.\n 4. Containers used where the gas content is sold by package weight\nmust have the tare weight plainly and conspicuously marked on the\ncontainer or on permanently attached appurtenances, and the net contents\nplainly and conspicuously marked on the container or on a tag or other\ntype of label firmly attached thereto. Tare weight shall be construed to\nbe the weight of the container, valve and other permanent attachment but\ndoes not include the valve-protecting cap; provided, however, that\ndisposable containers weighing five pounds or less when filled shall be\nexempt from the tare weight marking requirements.\n 5. When liquefied petroleum gas is sold or delivered in package form\nand the cylinder or container is connected to the consumer's apparatus,\nsuch cylinder or container shall neither be disconnected nor removed\nfrom the premises before it becomes empty, except as may be provided\nhereinafter. When removed before becoming empty such cylinder or\ncontainer shall be weighed by the seller to determine the quantity of\nliquefied petroleum gas remaining in such cylinder or container and a\nwritten receipt issued to the purchaser or consumer stating such\nquantity and the amount of the credit due. When weighed on the\ncustomer's premises, weight shall be subject to verification by the\nseller at the dealer distribution point or the filling plant to\ndetermine whether credit is due the customer. A cylinder or container\nshall be considered empty when the gross weight of the cylinder or\ncontainer does not exceed the tare weight as marked within the tolerance\nallowed.\n 6. Each delivery of liquefied petroleum gas sold on a package basis in\ncylinders or containers to consumers and each delivery of such gas from\na vehicle tank or other vessel into tanks, cylinders or containers\nconnected to consumer apparatus when sale is based on a quantity so\ndelivered, shall be accompanied by a delivery ticket and duplicate\nthereof. On such ticket and duplicate thereof shall be distinctly\nexpressed in ink or other indelible substance the date of delivery, the\nnet weight or volume of such liquefied petroleum gas delivered, the\nprice per unit of metric or customary measure, the total price, the name\nand address of the seller and the name and address of the purchaser of\nsuch liquefied petroleum gas; provided, however, that such delivery\nticket need not set forth the total price if within five days after\ndelivery the seller provides the buyer with a written statement setting\nforth all the foregoing information including the total price. Delivery\ntickets shall be serially numbered or the serial number of the cylinder\nor container shall be legibly marked on such delivery ticket. One of\nsuch tickets shall be delivered to the person receiving the liquefied\npetroleum gas, and the other ticket shall be retained by the seller of\nthe liquefied petroleum gas for a period of one year and shall be\nsubject to inspection by any weights and measures official within this\ntime. For systems equipped with the capability of issuing an electronic\nreceipt, ticket or other recorded representation, the customer may be\ngiven the option to receive any required information electronically by\nmeans of a cellular telephone, mobile telephone, computer, computer\ntablet or any other personal electronic device, in lieu of or in\naddition to a hard copy.\n 6-a. a. Definitions. For the purposes of this subdivision:\n (i) "liquefied petroleum gas tank" shall mean a cylinder, container or\nreceptacle, fixed in place, that is intended to be used to store\nliquefied petroleum gas for the purpose of heating, or generating\nelectric power, for a residential customer;\n (ii) "qualifying emergency" shall mean:\n (A) a federal, state or local state of emergency has been declared, or\nfederal or state authorities have granted a waiver from\nhours-of-operations limitations affecting liquefied petroleum gas\ndeliveries; or\n (B) severe weather or any other similar circumstance exist that may\nresult in an individual being placed in imminent danger of death or\ninjury, or may result in a building structure and/or its fixtures being\nat risk of significant damage due to lack of residential heat caused by\nthe lack of sufficient liquified petroleum gas to produce residential\nheat;\n (iii) "regular supplier" shall mean a person, firm, limited liability\ncompany or corporation that owns a liquefied petroleum gas tank and\nthat, pursuant to a current contract, has agreed to supply liquefied\npetroleum gas to such tank for use by a residential customer or the\ncustomer's agent or agents; and\n (iv) "temporary emergency supplier" shall mean a person, firm, limited\nliability company or corporation that fills, refills or otherwise\ndelivers liquefied petroleum gas into a liquefied petroleum gas tank it\ndoes not own, where such tank is subject to an existing contract between\na regular supplier and their customer.\n b. Notwithstanding any other law, rule or regulation to the contrary,\nwhen a qualifying emergency is in effect, a residential customer who has\na contract with a regular supplier to fill a liquefied petroleum gas\ntank reasonably believes the amount of liquefied petroleum gas in their\ntank will be insufficient to meet the customer's heating needs, the\ncustomer shall make a good faith effort to procure delivery of liquefied\npetroleum gas from such regular supplier. If the regular supplier is\nunable to make a scheduled delivery or fulfill the customer's good faith\nrequest, directly or through another supplier, for delivery within\ntwenty-four hours, the customer may arrange to have a temporary\nemergency supplier fill, refill or otherwise deliver liquefied petroleum\ngas into such liquefied petroleum gas tank, provided that the temporary\nemergency supplier ensures that such tank, and the devices and pipelines\noperated in connection with such tank, have been inspected and certified\nas required by law and all applicable regulations. The temporary\nemergency supplier shall assume all liability that may result from the\nimproper filling, inspection, or testing of such tank. The temporary\nemergency supplier that fills, refills, or otherwise delivers liquified\npetroleum gas under this subdivision must notify the regular supplier,\nin written form, within five business days, the customer's name and\naddress, the date and quantity delivered, changes made to the system, if\nany, and pressure test results, if required.\n c. When a temporary emergency supplier delivers liquefied petroleum\ngas to a residential customer pursuant to this subdivision, neither such\ntemporary emergency supplier nor such customer's regular supplier may\ncharge any penalty or fee in addition to any filling, refilling or\ndelivery fees that are usually charged to other customers in the course\nof business under circumstances when paragraph b of this subdivision is\nnot applicable.\n d. Any contract executed subsequent to the effective date of this\nsubdivision for the supply of liquefied petroleum gas to a residential\ncustomer shall include provisions relating to delivery and fees pursuant\nto paragraphs b and c of this subdivision if applicable.\n e. Nothing in this subdivision shall be deemed to restrict a liquefied\npetroleum gas customer who owns a liquefied petroleum gas tank from\nprocuring such gas from any supplier.\n f. In all other circumstances other than those described in this\nsection, it shall not be permissible for any person, firm, limited\nliability company or corporation to remove or fill any liquified\npetroleum gas from a liquified petroleum gas tank, cylinder, container\nor receptacle without the consent of the owner of such tank, cylinder,\ncontainer or receptacle.\n 6-b. The commissioner, in cooperation with the department of law,\nshall develop a "propane consumer bill of rights" consistent with this\nsection to address the rights of consumers who enter into contracts for\nthe provision and delivery of liquefied petroleum gas, including the\nright of customers to purchase liquefied petroleum gas from temporary\nsuppliers pursuant to subdivision six-a of this section. Such bill of\nrights shall be provided by every regular supplier of liquefied\npetroleum gas to the consumer when a contract is executed, and then\nannually while a contract remains in effect and the department shall\npost such bill of rights on its website.\n 7. The use of artificial heat for the purpose of expanding liquefied\npetroleum gas before or during the process of delivery, when the basis\nof settlement for such sale or delivery is liquid volume, is prohibited.\n 8. a. New meters for measuring liquefied petroleum gas sold in the\nvapor state shall be sealed by the manufacturer thereof as hereinafter\nprovided or by a weights and measures official. The commissioner may\nprescribe by regulation the specifications and tolerances governing the\ntesting and sealing of such meters and the method of determining the\nquantity of liquefied petroleum gas, and may authorize any manufacturer\nor distributor of liquefied petroleum gas to seal used meters upon\nwritten agreement to conform to said regulations. The commissioner may\nrevoke for cause the authority so given by him to any manufacturer or\ndistributor of liquefied petroleum gas.\n b. Meters equipped with automatic temperature compensation shall be\nsealed and may be used to compute all retail and wholesale transactions.\n 9. The provisions of this article shall not apply to interstate tank\ncar and transport truck deliveries to bulk storage, nor to public\nutility systems using pipes or other fixtures in the public highways or\nstreets for the transmission of liquefied petroleum gas and operating\nunder the jurisdiction of the public service commission of this state,\nnor to any public service company whose operations are subject to the\njurisdiction of the said public service commission.\n