HP1357, LD 1891, item 2, Document Text

Amend the bill by striking out everything after the enacting clause and inserting the following:

‘Sec. 1. 32 MRSA §1697 is enacted to read:

§ 1697. Compensation for propane upon termination of agreement

1. Consumer-owned tank. Upon the termination of an agreement between a propane dealer and a consumer, when the consumer has paid for the propane that remains in the tank at the time of termination and when the consumer owns the tank in which the propane is stored, the propane dealer shall allow the consumer to continue to use the propane remaining in the tank at the time of termination of the agreement. The consumer may request that the propane dealer pump out the propane remaining in the tank at the time of termination of the agreement. If such a request is made, the propane dealer shall pump out the remaining propane from the consumer's tank and shall compensate the consumer at a rate equal to the market price of the propane on the date that the agreement is terminated or the price that the consumer paid for the propane, whichever is less.

2. Dealer-owned tank. Upon the termination of an agreement between a propane dealer and a consumer, when the consumer has paid for the propane that remains in the tank at the time of termination and when the propane dealer owns the tank in which the propane is stored, the propane dealer shall provide the consumer the choice of the following options:

A. The consumer may continue to use the propane remaining in the tank at the time of termination of the agreement for a period of time not to exceed 90 days from the date of termination of the agreement. If there is propane remaining in the tank after more than 90 days have passed following the date of termination of the agreement, the propane dealer, upon reasonable advance notice to the consumer, may pump out the propane remaining in the tank and remove the tank. In such circumstances the propane dealer shall compensate the consumer for the remaining propane at a rate equal to the market price of the propane on the date that the agreement is terminated or at the price that the consumer paid for the propane, whichever is less; or

B. The consumer may request that the propane dealer pump out the propane remaining in the tank at the time of termination of the agreement. If such a request is made, the propane dealer shall pump out the remaining propane from the tank and remove the tank and shall compensate the consumer at a rate equal to the market price of the propane on the date that the agreement is terminated or the price that the consumer paid for the propane, whichever is less.

3. Fees for services. Nothing in this section prevents a propane dealer from charging a reasonable fee to a consumer to remove a tank that the propane dealer owns or from charging a reasonable fee to a consumer to pump out propane remaining in a tank owned by the consumer or the propane dealer upon the termination of an agreement.’

Amend the bill by relettering or renumbering any nonconsecutive Part letter or section number to read consecutively.

summary

This amendment replaces the bill. It provides that, upon the termination of an agreement between a propane dealer and a consumer, when the consumer has paid for the propane in the tank and when the consumer owns the propane tank, the propane dealer must allow the consumer to use the remaining propane. At the request of the consumer, the propane dealer must pump out the remaining propane from the consumer's tank and must compensate the consumer at a rate equal to the market price of the propane on the date that the agreement is terminated or the price that the consumer paid for the propane, whichever is less.

The amendment also provides that, upon the termination of an agreement between a propane dealer and a consumer, when the consumer has paid for the propane in the tank and when the propane dealer owns the propane tank, the propane dealer must provide the consumer with the option of either using the remaining propane within 90 days of termination of the agreement or receiving compensation from the dealer for the propane remaining in the tank at a rate equal to the market price of the propane on the date that the agreement is terminated or the price that the consumer paid for the propane, whichever is less. If there is propane remaining in the tank after more than 90 days have passed following the date of termination of the agreement, the propane dealer, upon reasonable advance notice to the consumer, may pump out the propane remaining in the tank and remove the tank. The propane dealer must compensate the consumer for the remaining propane at a rate equal to the market price of the propane on the date that the agreement is terminated or at the price that the consumer paid for the propane, whichever is less.

The amendment includes language making clear that a propane dealer is not prevented from charging a reasonable fee to a consumer to remove a tank that the propane dealer owns or from charging a reasonable fee to a consumer to pump out propane remaining in a tank owned by the consumer or the propane dealer upon the termination of an agreement.

HP1357 LD 1891	Session - 129th Maine Legislature C "A", Filing Number H-779, Sponsored by		LR 3052 Item 2
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