2023 New York Laws › AGM - Agriculture and Markets › Article 16 - Weights and Measures › 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.