An Act to Increase the Transfer Fees on Petroleum Products and Direct the Proceeds to Efficiency Programs for Low-income Energy Consumers and Financial Assistance to Low-income Utility Ratepayers and Prevent Profiteering in and Hoarding of Fuel
Maine Legislature, Session 131, LD 1907
Committee: Energy, Utilities and Technology
Sponsors: WARREN
Amends: 10 MRSA §1105-A

Legislative Document
No. 1907
H.P. 1223
House of Representatives, May 9, 2023
An Act to Increase the Transfer Fees on Petroleum Products and 
Direct the Proceeds to Efficiency Programs for Low-income Energy 
Consumers and Financial Assistance to Low-income Utility 
Ratepayers and Prevent Profiteering in and Hoarding of Fuel
Reference to the Committee on Energy, Utilities and Technology suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Representative WARREN of Scarborough.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  10 MRSA §1105-A is enacted to read:
§1105-A.  Profiteering in and hoarding of fuel
1. Definitions. As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings.
A. "Emergency" means the existence in a community of general distress because of a 
shortage of fuel or threatened distress because of a probable shortage of fuel.
B. "Hoard" means to withhold fuel from sale or delivery at a reasonable price during 
an emergency by a person dealing in fuel.
C. "Profiteer" means to hold for sale or sell fuel at an excessive profit or charge an 
excessive rate or place unreasonable restrictions or conditions upon the sale, delivery 
or transportation of fuel.
2. Fuel emergency. The provisions of this section may be enforced whenever the 
Governor by public proclamation declares that an emergency exists until the Governor by 
public proclamation declares the emergency to be over.
A.  A person may not:
(1)  Hoard fuel or profiteer in fuel;
(2)  Interfere in any way with the prompt sale, distribution or transportation of fuel; 
or
(3) Knowingly give false, deceiving or misleading information, knowingly engage 
in a transaction that is calculated to create false, deceiving or misleading 
information or knowingly incorporate or permit to remain in the person's books, 
accounts or other printed or written record information that is calculated to create 
or convey false, deceiving or misleading information essential to the ascertainment 
of the facts concerning the person's dealings and profit in fuel.
B.  A person dealing in fuel shall make and keep accurate and complete written records 
of all transactions concerning fuel, including as to each purchase and sale the date, 
kind, quantity and price of fuel, the name and address of the seller and buyer and the 
identity of the agency of delivery of the fuel.
C.  A person that violates this subsection is subject to a fine of not more than $20,000 
and imprisonment of not more than 2 years, or both.
Sec. 2.  36 MRSA c. 467 is enacted to read:
CHAPTER 467
PETROLEUM PRODUCT TRANSFER FEE
§3331. Fee assessed
1. Transfer fee. A fee is assessed on the first transfer of products listed in this 
subsection by oil terminal facility licensees required to register with the Commissioner of 
Environmental Protection under Title 38, section 545‑B that first transports oil into the 
State. These fees must be paid monthly on the basis of records certified to the 
Commissioner of Environmental Protection. License fees must be paid to the Department 
of Environmental Protection and upon receipt be credited as provided in section 3332.
2. Fee amounts. A fee of 50 cents is assessed per:
A. Barrel of unrefined crude oil and liquid asphalt;
B. Barrel of #6 fuel oil;
C. Barrel of #2 fuel oil, kerosene, jet fuel, diesel fuel and other refined products and 
their by-products not otherwise specified in this subsection, excluding liquid asphalt; 
and
D. Barrel of gasoline.
This section does not apply to waste oil transported into the State in a motor vehicle 
that has a valid license issued by the Department of Environmental Protection for the 
transportation of waste oil pursuant to Title 38, section 1319‑O, subsection 1, paragraph C 
and is subject to fees established under Title 38, section 1319‑I.
§3332. Use of fee proceeds
1. Distribution of proceeds.  Money collected from fees assessed under section 3331 
must be transferred as follows:
A. Twenty-five percent to the Efficiency Maine Trust, to be used only for energy 
efficiency programs for low-income consumers; and
B. Seventy-five percent to the Public Utilities Commission, to be used only for 
providing financial assistance to low-income ratepayers.
SUMMARY
This bill imposes fees for the transfer of petroleum products and directs the proceeds 
of the fees to the Efficiency Maine Trust to be used for energy efficiency programs for low-
income consumers and to the Public Utilities Commission to be used for financial 
assistance to low-income ratepayers. The bill prohibits profiteering in and hoarding of fuel 
during emergencies.