S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          54
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 7, 2015
                                      ___________
       Introduced  by  M.  of  A.  PAULIN,  GALEF,  LUPARDO, OTIS, SCHIMMINGER,
         CROUCH, SKOUFIS -- Multi-Sponsored by -- M. of A. CERETTO,  LUPINACCI,
         McDONOUGH,  RIVERA, SKARTADOS, THIELE -- read once and referred to the
         Committee on Energy
       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:
    1    Section  1.  The  energy  law is amended by adding a new article 14 to
    2  read as follows:
    3                                 ARTICLE 14
    4                  NEW YORK PROPANE EDUCATION AND SAFETY ACT
    5  SECTION 14-101. SHORT TITLE.
    6          14-102. DEFINITIONS.
    7          14-103. REFERENDUM; CREATION AND TERMINATION OF A PROGRAM.
    8          14-104. NEW YORK PROPANE EDUCATION AND SAFETY COUNCIL.
    9          14-105. ASSESSMENTS.
   10          14-106. COMPLIANCE.
   11          14-107. LOBBYING RESTRICTIONS.
   12          14-108. PRICING.
   13          14-109. RELATION TO OTHER PROGRAMS.
   14    S 14-101. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS
   15  THE NEW YORK PROPANE EDUCATION AND SAFETY ACT.
   16    S 14-102. DEFINITIONS.  FOR  PURPOSES  OF  THIS  ARTICLE,  UNLESS  THE
   17  CONTEXT OTHERWISE REQUIRES:
   18    1.  "COUNCIL"  MEANS  A  NEW YORK PROPANE EDUCATION AND SAFETY COUNCIL
   19  CREATED PURSUANT TO SECTION 14-104 OF THIS ARTICLE;
   20    2. "PRESIDENT" MEANS THE CHAIRMAN OF NYSERDA OR HIS OR HER DESIGNEE;
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00545-01-5
       A. 54                               2
    1    3. "EDUCATION" MEANS  ANY  ACTION  TO  PROVIDE  INFORMATION  REGARDING
    2  PROPANE,  PROPANE  EQUIPMENT,  MECHANICAL  AND  TECHNICAL PRACTICES, AND
    3  PROPANE USES TO CONSUMERS, AND MEMBERS OF THE PROPANE INDUSTRY;
    4    4.  "INDUSTRY"  MEANS THOSE PERSONS INVOLVED IN THE PRODUCTION, TRANS-
    5  PORTATION, AND SALE OF PROPANE, AND THE MANUFACTURE AND DISTRIBUTION  OF
    6  PROPANE UTILIZATION EQUIPMENT;
    7    5. "INDUSTRY TRADE ASSOCIATION" MEANS AN ORGANIZATION EXEMPT FROM TAX,
    8  UNDER  SECTION  501(C)(3)  OR  501(C)(6) OF THE INTERNAL REVENUE CODE OF
    9  1986, REPRESENTING THE PROPANE INDUSTRY;
   10    6. "NYSERDA" MEANS THE NEW YORK STATE ENERGY AND RESEARCH  DEVELOPMENT
   11  AUTHORITY;
   12    7. "ODORIZED PROPANE" MEANS PROPANE WHICH HAS AN ODORANT ADDED TO IT;
   13    8.  "PRODUCER"  MEANS THE OWNER OF PROPANE AT THE TIME IT IS RECOVERED
   14  AT A GAS PROCESSING PLANT OR REFINERY; IRRESPECTIVE OF THE  STATE  WHERE
   15  PRODUCTION OCCURS;
   16    9.  "PROPANE" MEANS A HYDROCARBON WHOSE CHEMICAL COMPOSITION IS PREDO-
   17  MINATELY C3H8, WHETHER RECOVERED FROM NATURAL  GAS  OR  CRUDE  OIL,  AND
   18  INCLUDES LIQUIFIED PETROLEUM GASES AND MIXTURES THEREOF;
   19    10.  "PUBLIC MEMBER" MEANS A DESIGNEE OF THE PRESIDENT OF THE NEW YORK
   20  STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY;
   21    11. "QUALIFIED INDUSTRY ORGANIZATION" MEANS THE NEW YORK  PROPANE  GAS
   22  ASSOCIATION,  THE  NATIONAL PROPANE GAS ASSOCIATION, A SUCCESSOR ASSOCI-
   23  ATION OF THESE ASSOCIATIONS, OR ANY OTHER PROPANE INDUSTRY ORGANIZATION;
   24    12. "RESEARCH" MEANS ANY TYPE OF STUDY, INVESTIGATION OR OTHER  ACTIV-
   25  ITIES DESIGNED TO ADVANCE THE IMAGE, DESIRABILITY, USAGE, MARKETABILITY,
   26  EFFICIENCY, AND SAFETY OF PROPANE AND TO FURTHER THE DEVELOPMENT OF SUCH
   27  INFORMATION;
   28    13.  "RETAIL MARKETER" MEANS A PERSON ENGAGED PRIMARILY IN THE SALE OF
   29  ODORIZED PROPANE TO THE ULTIMATE CONSUMER OR TO RETAIL  PROPANE  DISPEN-
   30  SERS; AND
   31    14.  "RETAIL  PROPANE  DISPENSER"  MEANS  A  PERSON WHO SELLS ODORIZED
   32  PROPANE TO THE ULTIMATE CONSUMER BUT IS NOT  ENGAGED  PRIMARILY  IN  THE
   33  BUSINESS OF SUCH SALES.
   34    S 14-103. REFERENDUM; CREATION AND TERMINATION OF A PROGRAM. 1.  QUAL-
   35  IFIED  INDUSTRY  ORGANIZATIONS  SHALL  CONDUCT  AT  THEIR OWN EXPENSE, A
   36  REFERENDUM AMONG PRODUCERS AND RETAIL MARKETERS FOR THE  CREATION  OF  A
   37  NEW  YORK  PROPANE  EDUCATION AND SAFETY COUNCIL. THE COUNCIL, IF ESTAB-
   38  LISHED, SHALL REIMBURSE THE QUALIFIED  INDUSTRY  ORGANIZATIONS  FOR  THE
   39  COST  OF  THE  REFERENDUM  ACCOUNTING  AND DOCUMENTATION. THE REFERENDUM
   40  SHALL BE CONDUCTED BY AN INDEPENDENT AUDITING  FIRM  AGREED  TO  BY  THE
   41  QUALIFIED  INDUSTRY ORGANIZATIONS. THE RESULTS, AS CERTIFIED BY AN INDE-
   42  PENDENT AUDITING FIRM, SHALL BE SUBMITTED TO THE PRESIDENT WITHIN THIRTY
   43  DAYS OF CERTIFICATION. VOTING RIGHTS IN THE REFERENDUM SHALL BE BASED ON
   44  THE VOLUME OF PROPANE PRODUCED OR ODORIZED PROPANE SOLD IN THE  PREVIOUS
   45  CALENDAR YEAR. UPON APPROVAL OF THOSE PERSONS REPRESENTING TWO-THIRDS OF
   46  THE  TOTAL  VALUE  OF  PROPANE  VOTED  IN  THE RETAIL MARKETER CLASS AND
   47  TWO-THIRDS OF ALL PROPANE VOTED IN THE PRODUCER CLASS, THE COUNCIL SHALL
   48  BE ESTABLISHED, AND SHALL BE AUTHORIZED TO LEVY AN ASSESSMENT  ON  ODOR-
   49  IZED  PROPANE  IN  ACCORDANCE  WITH  SECTION 14-105 OF THIS ARTICLE. ALL
   50  PERSONS VOTING IN THE REFERENDUM SHALL CERTIFY TO THE INDEPENDENT AUDIT-
   51  ING FIRM THE VOLUME OF PROPANE REPRESENTED BY THEIR VOTE.
   52    2. ON THE COUNCIL'S OWN INITIATIVE, OR ON PETITION TO THE  COUNCIL  BY
   53  PRODUCERS  AND  RETAIL MARKETERS REPRESENTING THIRTY-FIVE PERCENT OF THE
   54  VOLUME OF PROPANE IN EACH CLASS, THE COUNCIL SHALL, AT ITS OWN  EXPENSE,
   55  HOLD  A  REFERENDUM  TO  BE  CONDUCTED  BY  AN INDEPENDENT AUDITING FIRM
   56  SELECTED BY THE COUNCIL, TO DETERMINE WHETHER THE INDUSTRY FAVORS TERMI-
       A. 54                               3
    1  NATION OR SUSPENSION OF THE COUNCIL. TERMINATION OR SUSPENSION SHALL NOT
    2  TAKE EFFECT UNLESS IT IS APPROVED  BY  PERSONS  REPRESENTING  MORE  THAN
    3  ONE-HALF  OF THE TOTAL VOLUME OF ODORIZED PROPANE IN THE RETAIL MARKETER
    4  CLASS AND MORE THAN ONE-HALF THE TOTAL VOLUME OF PROPANE IN THE PRODUCER
    5  CLASS.
    6    S 14-104. NEW YORK PROPANE EDUCATION AND SAFETY COUNCIL. 1. THE QUALI-
    7  FIED  INDUSTRY  ORGANIZATIONS  SHALL SELECT ALL RETAIL MARKETERS MEMBERS
    8  AND PRODUCER MEMBERS OF THE COUNCIL. THE PRESIDENT SHALL  DESIGNATE  ONE
    9  PUBLIC  MEMBER.  VACANCIES  IN  THE  UNFINISHED TERMS OF COUNCIL MEMBERS
   10  SHALL BE FILLED IN THE SAME MANNER AS WERE THE ORIGINAL APPOINTMENTS.
   11    2. IN SELECTING MEMBERS OF THE COUNCIL, THE QUALIFIED INDUSTRY  ORGAN-
   12  IZATIONS  SHALL GIVE DUE REGARD TO SELECTING A COUNCIL THAT IS REPRESEN-
   13  TATIVE OF THE INDUSTRY, INCLUDING REPRESENTATION OF:
   14    (A) GAS PROCESSORS AND OIL REFINERS AMONG PRODUCERS;
   15    (B) INTERSTATE AND INTRASTATE OPERATORS AMONG RETAIL MARKETERS;
   16    (C) LARGE AND SMALL COMPANIES AMONG PRODUCERS  AND  RETAIL  MARKETERS,
   17  INCLUDING AGRICULTURAL COOPERATIVES; AND
   18    (D) DIVERSE GEOGRAPHIC REGIONS OF THE STATE.
   19    3.  THE  COUNCIL  SHALL  CONSIST  OF NO LESS THAN FIVE AND UP TO SEVEN
   20  MEMBERS, WITH NO LESS THAN FOUR  AND  UP  TO  SIX  MEMBERS  REPRESENTING
   21  RETAIL  MARKETERS  AND  PRODUCERS, AND ONE PUBLIC MEMBER. OTHER THAN THE
   22  PUBLIC MEMBER, COUNCIL MEMBERS SHALL BE FULL-TIME EMPLOYEES OR OWNERS OF
   23  BUSINESSES IN THE INDUSTRY OR REPRESENTATIVES  OF  AGRICULTURAL  COOPER-
   24  ATIVES.  NO EMPLOYEE OF A QUALIFIED INDUSTRY ORGANIZATION SHALL SERVE AS
   25  A MEMBER OF THE COUNCIL, AND NO MEMBER OF THE COUNCIL MAY SERVE  CONCUR-
   26  RENTLY  AS  AN OFFICER OF THE BOARD OF DIRECTORS OF A QUALIFIED INDUSTRY
   27  ORGANIZATION OR OTHER TRADE ASSOCIATION. ONLY ONE PERSON AT A TIME  FROM
   28  ANY COMPANY OR ITS AFFILIATE MAY SERVE ON THE COUNCIL. THE PRESIDENT MAY
   29  SERVE AS AN EX-OFFICIO NON-VOTING MEMBER OF THE COUNCIL.
   30    4.  COUNCIL  MEMBERS SHALL RECEIVE NO COMPENSATION FOR THEIR SERVICES,
   31  NOR SHALL COUNCIL MEMBERS BE REIMBURSED FOR EXPENSES RELATING  TO  THEIR
   32  SERVICE, EXCEPT THAT PUBLIC MEMBERS, UPON REQUEST, MAY BE REIMBURSED FOR
   33  REASONABLE  EXPENSES  DIRECTLY RELATED TO THEIR PARTICIPATION IN COUNCIL
   34  MEETINGS.
   35    5. COUNCIL MEMBERS SHALL SERVE TERMS OF THREE YEARS AND MAY NOT  SERVE
   36  MORE  THAN  TWO  FULL CONSECUTIVE TERMS. MEMBERS FILLING UNEXPIRED TERMS
   37  MAY SERVE NOT MORE THAN A  TOTAL  OF  SEVEN  CONSECUTIVE  YEARS.  FORMER
   38  MEMBERS  OF  THE COUNCIL MAY BE RETURNED TO THE COUNCIL IF THEY HAVE NOT
   39  BEEN MEMBERS FOR A PERIOD OF TWO  YEARS.  INITIAL  APPOINTMENTS  TO  THE
   40  COUNCIL  SHALL  BE  FOR  TERMS OF ONE, TWO, AND THREE YEARS STAGGERED TO
   41  PROVIDE FOR THE SELECTION OF FOUR MEMBERS EACH YEAR. THE  COUNCIL  SHALL
   42  NOTIFY  THE  PRESIDENT  OF THE NAME, ADDRESS, AND PROPANE-RELATED AFFIL-
   43  IATION, IF ANY, OF  A  COUNCIL  MEMBER  WITHIN  THIRTY  DAYS  AFTER  THE
   44  APPOINTMENT OF THE MEMBER TO THE COUNCIL.
   45    6.  THE  COUNCIL  SHALL  DEVELOP  PROGRAMS AND PROJECTS AND ENTER INTO
   46  CONTRACTS  OR  AGREEMENTS  FOR  IMPLEMENTING  THIS  ARTICLE,   INCLUDING
   47  PROGRAMS TO ENHANCE CONSUMER AND EMPLOYEE SAFETY AND TRAINING, WHICH MAY
   48  INCLUDE  THE TRAINING REQUIRED BY SECTION THREE HUNDRED NINETY-ONE-AA OF
   49  THE GENERAL BUSINESS LAW, TO PROVIDE FOR  RESEARCH  AND  DEVELOPMENT  OF
   50  CLEAN AND EFFICIENT PROPANE UTILIZATION EQUIPMENT, TO INFORM AND EDUCATE
   51  THE  PUBLIC  ABOUT  SAFETY  AND  OTHER ISSUES ASSOCIATED WITH THE USE OF
   52  PROPANE, AND TO PROVIDE FOR THE PAYMENT OF THE COSTS THEREOF WITH  FUNDS
   53  COLLECTED  PURSUANT  TO  THIS  ARTICLE. THE COUNCIL SHALL COORDINATE ITS
   54  ACTIVITIES WITH INDUSTRY TRADE  ASSOCIATIONS,  HUDSON  VALLEY  COMMUNITY
   55  COLLEGE,  OTHER  COMMUNITY COLLEGES AND OTHERS AS APPROPRIATE TO PROVIDE
       A. 54                               4
    1  EFFICIENT DELIVERY OF SERVICES AND TO AVOID UNNECESSARY  DUPLICATION  OF
    2  ACTIVITIES.
    3    7.  ISSUES RELATED TO RESEARCH AND DEVELOPMENT, SAFETY, EDUCATION, AND
    4  TRAINING SHALL BE GIVEN PRIORITY BY THE COUNCIL IN  THE  DEVELOPMENT  OF
    5  ITS PROGRAMS AND PROJECTS.
    6    8.  THE  COUNCIL SHALL SELECT FROM AMONG ITS MEMBERS A CHAIRPERSON AND
    7  OTHER OFFICERS AS NECESSARY, MAY ESTABLISH COMMITTEES AND  SUBCOMMITTEES
    8  OF  THE  COUNCIL,  AND  SHALL  ADOPT RULES AND BYLAWS FOR THE CONDUCT OF
    9  BUSINESS AND THE IMPLEMENTATION  OF  THIS  ARTICLE.  THE  COUNCIL  SHALL
   10  ESTABLISH PROCEDURES FOR THE SOLICITATION OF INDUSTRY COMMENT AND RECOM-
   11  MENDATIONS ON ANY SIGNIFICANT PLANS, PROGRAMS, AND PROJECTS TO BE FUNDED
   12  BY THE COUNCIL. THE COUNCIL MAY ESTABLISH ADVISORY COMMITTEES OF PERSONS
   13  OTHER THAN COUNCIL MEMBERS.
   14    9. AT THE BEGINNING OF EACH FISCAL PERIOD, THE COUNCIL SHALL PREPARE A
   15  BUDGET  PLAN  FOR THE NEXT FISCAL PERIOD, INCLUDING THE PROBABLE COST OF
   16  ALL PROGRAMS, PROJECTS, AND CONTRACTS AND A RECOMMENDED RATE OF  ASSESS-
   17  MENT  SUFFICIENT  TO  COVER  SUCH  COSTS.  THE  COUNCIL SHALL SUBMIT THE
   18  PROPOSED BUDGET TO THE PRESIDENT FOR REVIEW AND COMMENT.  THE  PRESIDENT
   19  MAY RECOMMEND PROGRAMS AND ACTIVITIES CONSIDERED APPROPRIATE.
   20    10.  THE  COUNCIL  SHALL KEEP MINUTES, BOOKS, AND RECORDS THAT CLEARLY
   21  REFLECT ALL OF THE ACTS AND TRANSACTIONS OF THE COUNCIL AND MAKE  PUBLIC
   22  SUCH  INFORMATION. THE BOOKS OF THE COUNCIL SHALL BE AUDITED BY A CERTI-
   23  FIED PUBLIC ACCOUNTANT AT LEAST ONCE EACH FISCAL YEAR AND AT SUCH  OTHER
   24  TIMES  AS  THE  COUNCIL MAY DESIGNATE. THE EXPENSE OF THE AUDIT SHALL BE
   25  THE RESPONSIBILITY OF  THE  COUNCIL.  COPIES  OF  SUCH  AUDIT  SHALL  BE
   26  PROVIDED TO ALL MEMBERS OF THE COUNCIL, ALL QUALIFIED INDUSTRY ORGANIZA-
   27  TIONS, AND TO OTHER MEMBERS OF THE INDUSTRY UPON REQUEST.
   28    S  14-105.  ASSESSMENTS. 1. THE COUNCIL SHALL SET THE ASSESSMENT AT NO
   29  GREATER THAN ONE-TENTH OF ONE CENT PER GALLON OF ODORIZED PROPANE.
   30    2. THE OWNER OF ODORIZED PROPANE AT THE TIME OF  ODORIZATION,  OR  THE
   31  TIME  OF  IMPORT  OF ODORIZED PROPANE SHALL MAKE THE ASSESSMENT BASED ON
   32  THE VOLUME OF ODORIZED PROPANE SOLD. THE ASSESSMENT, WHEN MADE, SHALL BE
   33  LISTED AS A SEPARATE LINE ITEM ON THE BILL  LABELED  "NEW  YORK  PROPANE
   34  EDUCATION  AND SAFETY ASSESSMENT". ASSESSMENTS COLLECTED FROM PURCHASERS
   35  OF PROPANE ARE PAYABLE TO THE COUNCIL ON A MONTHLY BASIS BY THE  TWENTY-
   36  FIFTH OF THE MONTH FOLLOWING THE MONTH OF COLLECTION.
   37    IF  PAYMENT  IS  NOT  MADE  TO  THE COUNCIL BY THE DUE DATE UNDER THIS
   38  SUBDIVISION, AN INTEREST PENALTY OF ONE PERCENT  OF  ANY  AMOUNT  UNPAID
   39  SHALL BE ADDED FOR EACH MONTH OR FRACTION OF A MONTH AFTER THE DUE DATE,
   40  UNTIL FINAL PAYMENT IS MADE.
   41    3.  THE  COUNCIL  MAY ESTABLISH AN ALTERNATIVE MEANS OF COLLECTING THE
   42  ASSESSMENT IF ANOTHER MEANS IS FOUND TO BE MORE EFFICIENT AND EFFECTIVE.
   43  THE COUNCIL MAY ESTABLISH A LATE PAYMENT CHARGE AND RATE OF INTEREST  TO
   44  BE  IMPOSED  ON  ANY PERSON WHO FAILS TO REMIT OR PAY TO THE COUNCIL ANY
   45  AMOUNT DUE UNDER THIS ARTICLE.
   46    4. PENDING DISBURSEMENT PURSUANT TO A PROGRAM, PLAN, OR  PROJECT,  THE
   47  COUNCIL  SHALL INVEST FUNDS COLLECTED THROUGH ASSESSMENTS, AND ANY OTHER
   48  FUNDS RECEIVED BY THE COUNCIL, ONLY IN OBLIGATIONS OF THE UNITED  STATES
   49  OR  ANY AGENCY THEREOF, IN GENERAL OBLIGATIONS OF ANY STATE OR POLITICAL
   50  SUBDIVISION THEREOF, IN ANY INTEREST-BEARING ACCOUNT OR  CERTIFICATE  OF
   51  DEPOSIT  OF A BANK THAT IS A MEMBER OF THE FEDERAL RESERVE SYSTEM, OR IN
   52  OBLIGATIONS FULLY GUARANTEED AS TO PRINCIPAL AND INTEREST BY THE  UNITED
   53  STATES.
   54    S  14-106.  COMPLIANCE. THE SUPREME COURT IS VESTED WITH THE JURISDIC-
   55  TION SPECIFICALLY TO ENFORCE THE PROVISIONS OF THIS ARTICLE, AND PREVENT
   56  OR RESTRAIN ANY PERSON FROM VIOLATING ANY SUCH PROVISION.  A  SUCCESSFUL
       A. 54                               5
    1  ACTION FOR COMPLIANCE UNDER THIS SECTION MAY ALSO REQUIRE PAYMENT BY THE
    2  DEFENDANT OF THE COSTS INCURRED BY THE COUNCIL IN BRINGING THE ACTION.
    3    S  14-107.  LOBBYING  RESTRICTIONS.  NO FUNDS COLLECTED BY THE COUNCIL
    4  SHALL BE USED IN ANY MANNER FOR INFLUENCING  LEGISLATION  OR  ELECTIONS,
    5  EXCEPT  THAT  THE COUNCIL MAY RECOMMEND TO THE PRESIDENT CHANGES IN THIS
    6  ARTICLE OR OTHER STATUTES THAT WOULD FURTHER THE PURPOSE OF  THIS  ARTI-
    7  CLE.
    8    S  14-108. PRICING. IN ALL CASES, THE PRICE OF PROPANE SHALL BE DETER-
    9  MINED BY MARKET FORCES. CONSISTENT WITH THE ANTITRUST LAWS, THE  COUNCIL
   10  MAY TAKE NO ACTION, NOR MAY ANY PROVISION OF THIS ARTICLE BE INTERPRETED
   11  AS  ESTABLISHING AN AGREEMENT TO PASS ALONG TO CONSUMERS THE COST OF THE
   12  ASSESSMENT PROVIDED FOR IN SECTION 14-105 OF THIS ARTICLE.
   13    S 14-109. RELATION TO OTHER PROGRAMS. NOTHING IN THIS ARTICLE  MAY  BE
   14  CONSTRUED  TO PREEMPT OR SUPERSEDE ANY OTHER PROGRAM RELATING TO PROPANE
   15  EDUCATION AND SAFETY ORGANIZED AND OPERATED UNDER THE LAWS OF THE  STATE
   16  OF NEW YORK.
   17    S  2. The general business law is amended by adding a new section 391-
   18  aa to read as follows:
   19    S 391-AA. LIQUEFIED PETROLEUM GAS SYSTEMS; CONSUMER PROTECTIONS.    1.
   20  ON OR AFTER JULY FIRST, TWO THOUSAND SIXTEEN, NO LIQUEFIED PETROLEUM GAS
   21  MARKETER OR ANY OTHER PERSON SHALL INSTALL, INSPECT OR SERVICE LIQUEFIED
   22  PETROLEUM  GAS  SYSTEMS  IN  NEW  YORK STATE OR HOLD HIMSELF, HERSELF OR
   23  ITSELF OUT TO BE QUALIFIED OR ADEQUATELY TRAINED TO INSTALL, INSPECT  OR
   24  SERVICE  LIQUEFIED PETROLEUM GAS SYSTEMS IN NEW YORK STATE WITHOUT FIRST
   25  SUCCESSFULLY COMPLETING THE FOLLOWING PORTIONS OF A PROPANE  SAFETY  AND
   26  TRAINING  PROGRAM  KNOWN AS THE PROPANE EDUCATION AND RESEARCH COUNCIL'S
   27  CERTIFIED EMPLOYEE TRAINING PROGRAM, AS AMENDED FROM TIME TO TIME:
   28    A. BASIC PRINCIPLES AND PRACTICES OF PROPANE (ALSO KNOWN AS BOOK 1.0);
   29    B. DESIGNING AND INSTALLING EXTERIOR VAPOR DISTRIBUTIONS SYSTEMS (ALSO
   30  KNOWN AS BOOK 4.1);
   31    C. PLACING VAPOR DISTRIBUTION SYSTEMS AND  APPLIANCES  INTO  OPERATION
   32  (ALSO KNOWN AS BOOK 4.2);
   33    D. INSTALLING APPLIANCES AND INTERIOR VAPOR DISTRIBUTION SYSTEMS (ALSO
   34  KNOWN AS BOOK 4.3); AND
   35    E.  DESIGNING AND INSTALLING DISPENSER TRANSFER SYSTEMS (ALSO KNOWN AS
   36  BOOK 5.1);
   37  SUCH TRAINING SHALL BE PROVIDED BY A QUALIFIED PROPANE  INDUSTRY  ORGAN-
   38  IZATION.
   39    2.    WITHIN  THIRTY DAYS OF THE EFFECTIVE DATE OF THIS SECTION, EVERY
   40  LIQUEFIED PETROLEUM GAS MARKETER OR ANY OTHER PERSON HIRED  TO  INSTALL,
   41  INSPECT,  OR SERVICE A LIQUEFIED PETROLEUM GAS SYSTEM SHALL POST ON HIS,
   42  HER, OR ITS WEBSITE, IF SUCH A WEBSITE IS MAINTAINED, AN  INDICATION  OF
   43  WHETHER  THE TRAINING REQUIRED BY THIS SECTION HAS BEEN COMPLETED BY THE
   44  INDIVIDUALS THAT WILL BE PERFORMING SUCH WORK.  PRIOR TO COMMENCING  THE
   45  INSTALLATION, INSPECTION OR SERVICE OF A LIQUEFIED PETROLEUM GAS SYSTEM,
   46  A  LIQUEFIED PETROLEUM GAS MARKETER OR ANY OTHER PERSON HIRED TO PERFORM
   47  SUCH WORK SHALL PROVIDE  THE  CUSTOMER  OR  PROSPECTIVE  CUSTOMER,  UPON
   48  REQUEST,  A  WRITTEN  NOTICE THAT THE INDIVIDUALS THAT WILL PERFORM SUCH
   49  WORK HAVE SUCCESSFULLY COMPLETED THE TRAINING REQUIRED BY THIS SECTION.
   50    3. IN THE EVENT THAT A LIQUEFIED PETROLEUM GAS MARKETER OR  ANY  OTHER
   51  PERSON  HIRED  TO  INSTALL, INSPECT OR SERVICE A LIQUEFIED PETROLEUM GAS
   52  SYSTEM PERFORMS SUCH WORK WITHOUT HAVING  FIRST  SUCCESSFULLY  COMPLETED
   53  THE  TRAINING  REQUIRED  BY  THIS  SECTION, SUCH LIQUEFIED PETROLEUM GAS
   54  MARKETER OR SUCH OTHER PERSON SHALL BE CIVILLY LIABLE FOR  ANY  PROPERTY
   55  DAMAGE,  INJURY  OR  DEATH  CAUSED  BY  SUCH INSTALLATION, INSPECTION OR
   56  SERVICE.
       A. 54                               6
    1    4. IT IS HEREBY DECLARED TO BE A DECEPTIVE TRADE ACT AND PRACTICE  AND
    2  UNLAWFUL FOR ANY LIQUEFIED PETROLEUM GAS MARKETER OR ANY OTHER PERSON TO
    3  HOLD  HIMSELF,  HERSELF  OR  ITSELF  OUT  TO  BE QUALIFIED OR ADEQUATELY
    4  TRAINED TO INSTALL, INSPECT OR SERVICE LIQUEFIED PETROLEUM  GAS  SYSTEMS
    5  IN  NEW  YORK  STATE  WITHOUT FIRST SUCCESSFULLY COMPLETING THE TRAINING
    6  REQUIRED BY THIS SECTION.
    7    5. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO  ALTER  OR  SUPERSEDE
    8  ANY  REQUIREMENTS  PERTAINING  TO LIQUEFIED PETROLEUM GASES SET FORTH IN
    9  THE FIRE CODE OF NEW YORK STATE OR THE FUEL GAS CODE OF NEW YORK STATE.
   10    6. FOR THE PURPOSES OF THIS SECTION THE FOLLOWING TERMS SHALL HAVE THE
   11  FOLLOWING MEANINGS:
   12    A. "PERSON" SHALL MEAN ANY NATURAL PERSON, SOLE PROPRIETORSHIP,  PART-
   13  NERSHIP,  CORPORATION, LIMITED LIABILITY COMPANY, TRUST, INCORPORATED OR
   14  UNINCORPORATED ASSOCIATION, OR ANY OTHER LEGAL ENTITY.
   15    B. "LIQUEFIED PETROLEUM GAS" SHALL MEAN  LIQUEFIED  PETROLEUM  GAS  AS
   16  SUCH TERM IS DEFINED IN SECTION ONE HUNDRED NINETY-TWO-E OF THE AGRICUL-
   17  TURE AND MARKETS LAW.
   18    C.  "LIQUEFIED PETROLEUM GAS SYSTEM" SHALL MEAN ANY SYSTEM, EQUIPMENT,
   19  OR COMPONENT, INDIVIDUALLY  OR  COLLECTIVELY,  THAT  UTILIZES  LIQUEFIED
   20  PETROLEUM  GAS INCLUDING BUT NOT LIMITED TO A STORAGE CONTAINER, STORAGE
   21  CYLINDER, END POINT OR POINTS OF COMBUSTION, APPLIANCES AND ALL  ATTACH-
   22  MENTS UTILIZING OR TRANSPORTING LIQUEFIED PETROLEUM GAS.
   23    D.  "LIQUEFIED  PETROLEUM GAS MARKETER" SHALL MEAN ANY NATURAL PERSON,
   24  SOLE PROPRIETORSHIP, PARTNERSHIP, CORPORATION, LIMITED LIABILITY  COMPA-
   25  NY,  TRUST,  INCORPORATED  OR  UNINCORPORATED  ASSOCIATION, OR ANY OTHER
   26  LEGAL ENTITY ENGAGED DIRECTLY IN THE RETAIL SALE OR RETAIL TRANSPORT  OF
   27  LIQUEFIED PETROLEUM GAS.
   28    E.  "QUALIFIED  PROPANE INDUSTRY ORGANIZATION" SHALL MEAN THE NEW YORK
   29  PROPANE GAS ASSOCIATION, THE NATIONAL PROPANE GAS ASSOCIATION, A SUCCES-
   30  SOR ORGANIZATION OF THESE ASSOCIATIONS, OR ANY  OTHER  PROPANE  INDUSTRY
   31  ORGANIZATION  AUTHORIZED  TO  DO  BUSINESS  IN  NEW  YORK  STATE THAT IS
   32  DESIGNED PRIMARILY TO PROVIDE  INFORMATION  REGARDING  PROPANE,  PROPANE
   33  EQUIPMENT,  MECHANICAL  AND  TECHNICAL  PRACTICES,  AND  PROPANE USES TO
   34  CONSUMERS AND MEMBERS OF THE PROPANE INDUSTRY.
   35    S 3. This act shall take effect immediately.