The bill allows propane customers who lease their tanks to choose from multiple suppliers to refill their tanks during emergencies.
"This is really a no brainer. It's something near and dear to my heart," Assemblywoman Jenne said on the state Assembly floor.
“The community I grew up in (Philadelphia,) had the coldest temperature in the state and country a few days ago, and our area has experienced some of the coldest temperatures in the country in the past few weeks," she said.
“'It’s critical that residents have access to propane so that their homes are heated and their families stay safe from this frigid weather,” Assemblywoman Jenne said.
“This bill ensures propane customers whose regular supplier cannot be reached or is unable to make a delivery can get fuel from a different supplier without having to worry about a breach of contract,” she added.
The bill will allow homeowners leasing tanks from a particular company to choose from the variety of other suppliers for emergency deliveries during times of urgent need and periods of high demand.
Under the bill, sponsored by Assemblyman Angelo Santabarbara, a propane supplier who doesn’t own the tank may fill, refill or otherwise deliver propane into that tank provided it has been inspected and certified, when:
• a consumer has acted in good faith under an existing contract to procure the propane delivery from the owner of the propane cylinder but has not received propane in a reasonable time; or
• a federal, state or local state of emergency has been declared or severe weather or other circumstances may place the residents at risk of death or injury or building structures or fixtures t risk of damage.
Additionally, the legislation forbids the propane supplier from charging any additional fees or penalties for filling the tank and prohibits the companies that own tanks from charging a penalty.
Propane suppliers typically own all of the equipment, including the tanks and regulators, and simply lease the tanks to the homeowners as a cost savings. But the contract stipulates the owner of the equipment is the only provider allowed to refill those tanks.
Assemblywoman Jenne said consumers are left at the mercy of their provider and can face serious issues at their home if they run out of their heating source on days when temperatures have plunged well below freezing.
She pointed out wind chill temperatures in the North Country have sunk to lower than 20 below zero several days this winter.
"I've had frozen pipes in my home this winter and had to replace plumbing. When the temperatures are well below freezing and you run out of propane, you need to remedy the situation quickly so your home is not damaged," Assemblywoman Jenne said.
Assemblywoman Jenne noted there are few options for self-help when you run out of propane and the legislation is not meant to punish propane suppliers. She said extreme weather conditions impact businesses as well, and there are times when propane suppliers simply don't have the drivers or trucks necessary to meet demand.
"This legislation could actually benefit propane suppliers. It would mitigate damages they could face for failing to make on-time deliveries to their customers," she said.
Forcing consumers to wait for the fuel company they’re under contract with to come and refill the tank could put residents in danger if the company doesn’t deliver in a timely fashion. Allowing residents to contact other fuel companies in emergency situations is beneficial to everyone involved, Assemblywoman Jenne noted.