An Act To Protect Maine Propane Consumers upon the Termination of an Agreement between a Dealer and a Consumer
Maine Legislature, Session 129, LD 1891
Committee Amendment CA_A_H779 (House)
Amends: 32 MRSA §1697

COMMITTEE AMENDMENT "~" to H.P. 1357, L.D. 1891, Bill, "An Act To 
Protect Maine Propane Consumers upon the Termination of an Agreement between a 
Dealer and a Consumer" 
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 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT 
"to H.P. 1357, L.D. 1891 
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 
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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. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 02/24/20 fJdac 
LD 1891 
LR 3052(02) 
An Act To Protect Maine Propane Consumers upon the Termination of an Agreement between a 
Dealer and a Consumer 
Fiscal Note for Bill as Amended by Committee Amendment /+ ( H-))ij 
Committee: Innovation, Development, Economic Advancement and Business 
· 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor revenue increase - General Fund 
Minor revenue increase - Other Special Revenue Funds 
Correctional and Judicial Impact Statements 
The additional workload associated with the minimal number of new cases filed in the court system does not require 
additional funding at this time. 
The collection of additional fine and/or fee revenue will increase General Fund and dedicated revenue by minor 
amounts. 
LR3052(02) - Fiscal Note - Page 1 of 1