An Act To Ensure Propane Delivery during Emergencies (AFTER DEADLINE)
Maine Legislature, Session 128, LD 1793
Committee: Labor, Commerce, Research and Economic Development
Sponsors: DIAMOND, FAY, THIBODEAU, VOLK, BRYANT, COREY, MAREAN
Amends: 10 MRSA §1658-A

Legislative Document
No. 1793
S.P. 671
In Senate, January 18, 2018
An Act To Ensure Propane Delivery during Emergencies
(AFTER DEADLINE)
(EMERGENCY)
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
205.
Reference to the Committee on Labor, Commerce, Research and Economic Development 
suggested and ordered printed.
HEATHER J.R. PRIEST
Secretary of the Senate
Presented by Senator DIAMOND of Cumberland.
Cosponsored by Representative FAY of Raymond and
Senators: President THIBODEAU of Waldo, VOLK of Cumberland, Representatives: 
BRYANT of Windham, COREY of Windham, MAREAN of Hollis.
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, this legislation amends the law regarding the delivery of propane during 
certain emergency situations and must take effect before the expiration of the 90-day 
period in order to facilitate the delivery of propane this winter; and
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore,
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  10 MRSA §1658-A, sub-§2, as enacted by PL 1991, c. 770, §1, is 
amended to read:
2.  Unlawful use of containers.  No Except as provided in subsection 3, a person 
except other than the owner, or a person authorized in writing by the owner to do so, may 
not fill or refill a liquefied petroleum gas container with a liquefied petroleum gas or any 
other gas or substance.
Sec. 2.  10 MRSA §1658-A, sub-§3 is enacted to read:
3.  Propane fill or refill during emergencies.  When the Governor has issued an 
emergency declaration relating to heating fuel shortages for the purpose of facilitating the 
granting of a waiver from the United States Department of Transportation, Federal Motor 
Carrier Safety Administration to allow relief from 49 Code of Federal Regulations, Parts 
to 399, a person who is not the owner of a liquefied petroleum gas container may fill 
or refill that container with propane during the period for which the emergency is 
declared if the owner authorizes that person to fill or refill the container.
An owner that authorizes a person to fill or refill a container pursuant to this subsection is 
not liable for any injury or damage that results from an action of that person while that 
person is filling or refilling that container pursuant to this subsection.  A person who fills 
or refills a container pursuant to this subsection is not liable for any injury or damage that 
results from the condition of the container.
Nothing in this subsection may be construed to require a person who is authorized by an 
owner to fill or refill a container pursuant to this subsection to fill or refill that container.
Emergency clause.  In view of the emergency cited in the preamble, this 
legislation takes effect when approved.
SUMMARY
This bill allows a person who is not the owner of a liquefied petroleum gas container 
to fill or refill that container with propane during the period for which the Governor has 
issued an emergency declaration relating to heating fuel shortages, if the owner of the 
container authorizes that person to fill or refill the container.  The bill does not require a 
person who is authorized by an owner to fill or refill a liquefied petroleum gas container 
to fill or refill that container.  The bill provides a limitation of liability for the liquefied 
petroleum gas container owner and the person who fills or refills the container.