An Act To Move Propane Safety Oversight to the Maine Fuel Board
Maine Legislature, Session 125, LD 0328
Committee: Energy, Utilities and Technology
Sponsors: FITTS, RECTOR, CRAY, HAMPER, SAVIELLO, SNOWE-MELLO, SULLIVAN
Amends: 32 MRSA §18123, 35-A MRSA §102, 35-A MRSA §4702

Legislative Document 
No. 328 
H.P. 261 
House of Representatives, February 7, 2011 
An Act To Move Propane Safety Oversight to the Maine Fuel Board 
Reference to the Committee on Energy, Utilities and Technology suggested and ordered 
printed. 
HEATHER J.R. PRIEST 
Clerk 
Presented by Representative FITTS of Pittsfield. 
Cosponsored by Senator RECTOR of Knox and 
Representatives: CRAY of Palmyra, HAMPER of Oxford, Senators: SAVIELLO of Franklin, 
SNOWE-MELLO of Androscoggin, SULLIVAN of York. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  32 MRSA §18123, sub-§2, as amended by PL 2009, c. 652, Pt. A, §47, is 
further amended to read: 
2.  Rules.  The board may, in accordance with the Maine Administrative Procedure 
Act, adopt rules commensurate with the authority vested in it by this chapter, including, 
but not limited to, rules adopting technical standards for the proper installation and 
servicing of oil, solid fuel, propane and natural gas burning equipment.  Rules adopted 
pursuant to this subsection may not prohibit the continued use of an existing connection 
of a solid fuel burning appliance to a chimney flue to which another appliance burning oil 
or solid fuel is connected for any chimney existing and in use prior to February 2, 1998 as 
long as sufficient draft is available for each appliance, the chimney is lined and 
structurally intact and a carbon monoxide detector is installed in the building near a 
bedroom.  The board may adopt by rule national or other technical standards, in whole or 
in part, that it considers necessary to carry out the provisions of this chapter.  The board 
shall adopt rules governing the safety of propane gas systems within the board's 
jurisdiction under subsection 4.  Rules adopted pursuant to this chapter are routine 
technical rules as defined by Title 5, chapter 375, subchapter 2-A. 
Sec. 2.  32 MRSA §18123, sub-§4 is enacted to read: 
4.  Propane gas safety.  The board shall, in accordance with applicable federal laws, 
regulate, oversee and ensure the safety of propane gas systems that serve: 
A.  Ten or more customers; 
B.  More than one customer, if any portion of the propane gas system is located in a 
public place; or 
C.  One customer, if any portion of the propane gas system is located off the 
customer's premises in a public place. 
Sec. 3.  35-A MRSA §102, sub-§9, as enacted by PL 1987, c. 141, Pt. A, §6, is 
amended to read: 
9.  Gas plant.  "Gas plant" includes all real estate, fixtures and personal property 
owned, controlled, operated or managed in connection with or to facilitate the production, 
generation, transmission, delivery or furnishing of natural gas, whether in a gaseous or 
liquefied form, for light, heat or power. 
Sec. 4.  35-A MRSA §4702, as repealed and replaced by PL 1999, c. 718, §15, is 
amended by adding at the end a new paragraph to read: 
Propane gas systems regulated pursuant to Title 32, section 18123, subsection 4 are 
not subject to the jurisdiction of the commission. 
SUMMARY 
This bill removes jurisdiction over propane gas systems from the Public Utilities 
Commission and gives to the Maine Fuel Board jurisdiction over the safety of propane 
gas systems that serve: 
1.  Ten or more customers; 
2.  More than one customer if any portion of the central tank system or petroleum gas 
system is located in a public place; or 
3.  One customer if a portion of the central tank system or petroleum gas system is 
located off the customer's premises in a public place.