CHAPTER 296
OPERATION OF FUEL SUPPLY BUSINESS

Table of Contents

Sec. 16a-17. Definitions.
Sec. 16a-18. Illegal creation of fuel shortage. Penalty. Extradition.
Sec. 16a-19. Powers of investigation.
Sec. 16a-20. Enforcement, civil action privileged, damages, reciprocity.
Sec. 16a-21. Sales of home heating oil. Billing.
Sec. 16a-21a. *(See end of section for amended version of subsection (a) and effective date.) Sulfur content of home heating oil and off-road diesel fuel. Suspension of requirements for emergency.
Sec. 16a-21b. Biodiesel blend requirement for heating oil. Restriction on effective dates of provisions. Standards. Distillate Advisory Board. Temporary waiver of requirements. Report.
Sec. 16a-22. Notice by wholesaler of impending shortage or termination of supply of petroleum products. Nondiscrimination. Penalty.
Sec. 16a-22a. Retail dealers prohibited from requiring minimum delivery of fuel oil or propane.
Sec. 16a-22b. Surcharge on price of fuel oil or propane prohibited. Exception.
Sec. 16a-22c. Registration of petroleum product dealers. Definitions. Regulations.
Sec. 16a-22d. Registration requirements. Affiliated companies.
Sec. 16a-22e. Public listing of petroleum product dealers.
Sec. 16a-22f. Annual report by secretary.
Sec. 16a-22g. Penalty for failure to register.
Sec. 16a-22h. Sellers of propane and number two distillate fuel required to register with Secretary of the Office of Policy and Management. Regulations.
Sec. 16a-22i. Secretary of the Office of Policy and Management authorized to obtain information concerning petroleum products market.
Sec. 16a-22j. Changes in current business practices to be reported to the Secretary of the Office of Policy and Management.
Sec. 16a-22k. Unfair trade practices in the business of selling fuel oil.
Sec. 16a-22l. Fuel oil conservation and energy efficiency programs. Fuel Oil Conservation Board. Fuel oil conservation plan.
Sec. 16a-22m. Residential propane service termination.
Sec. 16a-23. Gasoline supplied to franchised and independent distributors. Equal treatment. Enforcement.
Sec. 16a-23a. Sale of anthracite. Regulations. Enforcement.
Secs. 16a-23b to 16a-23l.

      Sec. 16a-17. Definitions. As used in sections 16a-17 to 16a-20, inclusive:

      (1) "Fuel" includes electricity, natural gas, petroleum products, coal and coal products, wood fuels, radioactive materials and any other resource yielding energy;

      (2) "Creating a fuel shortage" means the diminution by contrivance or artificial means of the supply of fuel to a point below that needed to meet consumer demands adequately.

      (P.A. 74-208, S. 1, 5.)

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      Sec. 16a-18. Illegal creation of fuel shortage. Penalty. Extradition. (a) No person, firm, corporation, business or combination thereof shall individually perform any act, or conspire to perform any act, which act creates a shortage of fuel or a probable shortage of fuel in this state with the intent to raise fuel prices or energy prices, adversely affect competition in this state or in any way violate the antitrust laws of the state of Connecticut or other laws of this state regulating illegal business practices.

      (b) Any person, firm, corporation, business or combination thereof violating any provision of subsection (a) of this section shall be fined not more than two hundred fifty thousand dollars or imprisoned not more than five years, or both.

      (c) If any person violates sections 16a-17 to 16a-20, inclusive, and subsequently leaves the jurisdiction of this state, the Chief State's Attorney shall seek extradition of such individual. If any individual violates any provision of said sections while physically present in another state, the Chief State's Attorney or his designee shall seek extradition of said individual under a like provision of section 54-162 of the Uniform Criminal Extradition Act, as it may appear in other jurisdictions or under any other applicable law of such other jurisdictions.

      (P.A. 74-208, S. 2, 5; P.A. 07-217, S. 66.)

      History: P.A. 07-217 made technical changes in Subsec. (b), effective July 12, 2007.

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      Sec. 16a-19. Powers of investigation. Section 16a-19 is repealed.

      (P.A. 74-208, S. 3, 5; P.A. 75-537, S. 12, 55; P.A. 76-435, S. 53, 82; P.A. 77-614, S. 19, 610; P.A. 81-330, S. 12, 13.)

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      Sec. 16a-20. Enforcement, civil action privileged, damages, reciprocity. (a) The Office of Policy and Management may institute a civil action in the Superior Court, or in the United States District Court, where applicable, against any person, firm, corporation, business or combination thereof it believes, or has reason to believe, has violated sections 16a-17 to 16a-20, inclusive, to enjoin said parties from continuing such conduct within this state and to seek repayment of damages on behalf of those individuals, businesses and industries harmed by said activities. In such actions it shall be represented by the Attorney General.

      (b) Upon the institution of such civil action, the Attorney General shall have the right to take the deposition of any witness the Attorney General believes, or has reason to believe, has information relative to the prosecution of such action, upon application made to the Superior Court, notwithstanding the provisions of other statutes limiting depositions. The Attorney General shall also have the right to take such depositions in other states and to utilize the laws of such other states relative to the taking of depositions where allowed by the laws of such states. The state of Connecticut shall allow similar depositions to be taken within this state on behalf of any governmental agency of another state or any territory or possession of the United States seeking to pursue litigation similar to that permitted under sections 16a-17 to 16a-20, inclusive, as long as such other state allows the Attorney General to take depositions within its jurisdiction. In so doing, the Superior Court shall enforce the orders of the courts of such other state relative to the deposition requested and issue subpoenas or subpoenas duces tecum, as necessary, as well as enforcing such subpoenas through citations of contempt or other available remedies.

      (c) In any case where damages referred to in subsection (a) of this section shall be proven by a fair preponderance of the evidence, the court shall order repayment by any or all defendants of said damages to the applicable parties or businesses through the Office of Policy and Management.

      (d) The court shall also have the right, in its discretion, to assess treble damages against said defendants.

      (e) Any such civil action shall be privileged in assignment for trial.

      (P.A. 74-208, S. 4, 5; P.A. 75-537, S. 13, 55; P.A. 77-614, S. 19, 610; P.A. 06-196, S. 203.)

      History: P.A. 75-537 replaced Connecticut energy agency with department of planning and energy policy; P.A. 77-614 replaced department with office of policy and management; P.A. 06-196 made technical changes in Subsec. (b), effective June 7, 2006.

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      Sec. 16a-21. Sales of home heating oil. Billing. (a) No person, firm or corporation shall sell at retail fuel oil or propane gas to be used for residential heating without placing the unit price, clearly indicated as such, the total number of units sold and the amount of any delivery surcharge in a conspicuous place on the delivery ticket given to the purchaser or an agent of the purchaser at the time of delivery. No person, firm or corporation may bill or otherwise attempt to collect from any purchaser of fuel oil or propane gas an amount which exceeds the unit price multiplied by the total number of units stated on the delivery ticket, plus the amount of any delivery surcharge stated on the ticket. For the purpose of this section, unit price means the price per gallon computed to the nearest tenth of a whole cent.

      (b) Any person, firm or corporation who violates subsection (a) of this section shall be fined not more than one hundred dollars for the first offense nor more than five hundred dollars for each subsequent offense.

      (P.A. 74-212, S. 1, 2; P.A. 79-256; P.A. 81-330, S. 3, 13; P.A. 90-304, S. 5; June Sp. Sess. P.A. 01-9, S. 14, 131.)

      History: P.A. 79-256 removed reference to "number two" fuel oil and replaced "bill" with "statement of charges and delivery ticket" in Subsec. (a); P.A. 81-330 required in Subsec. (a) that delivery ticket contain the total number of units sold and amount of delivery surcharge in addition to unit price and added provision for computation of charges; P.A. 90-304 added provision requiring a seller to provide the secretary of the office of policy and management with a notice of any change in price of fuel oil or propane gas; June Sp. Sess. P.A. 01-9 amended Subsec. (a) by deleting provision requiring seller to provide the Secretary of the Office of Policy and Management with notice of any change in price of fuel oil or propane gas and making a technical change for the purpose of gender neutrality, effective July 1, 2001.

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      Sec. 16a-21a. *(See end of section for amended version of subsection (a) and effective date.) Sulfur content of home heating oil and off-road diesel fuel. Suspension of requirements for emergency. *(a) The amount of sulfur content of the following fuels sold, offered for sale, distributed or used in this state shall not exceed the following percentages by weight: (1) For number two heating oil, three-tenths of one per cent, and (2) for number two off-road diesel fuel, three-tenths of one per cent.

      (b) As of the date on which the last of the states of New York, Massachusetts and Rhode Island limits the sulfur content of number two heating oil to one thousand five hundred parts per million, the sulfur content of number two heating oil sold, offered for sale, distributed or used in this state shall not exceed one thousand five hundred parts per million.

      (c) As of the date on which the last of the states of New York, Massachusetts and Rhode Island limits the sulfur content of number two heating oil to one thousand two hundred fifty parts per million, the sulfur content of number two heating oil sold, offered for sale, distributed or used in this state shall not exceed one thousand two hundred fifty parts per million.

      (d) As of the date on which the last of the states of New York, Massachusetts and Rhode Island limits the sulfur content of number two heating oil to five hundred parts per million, the sulfur content of number two heating oil sold, offered for sale, distributed or used in this state shall not exceed five hundred parts per million.

      (e) As of the date on which the last of the states of New York, Massachusetts and Rhode Island limits the sulfur content of number two off-road diesel fuel to five hundred parts per million, the sulfur content of number two off-road diesel fuel offered for sale, distributed or used in this state shall not exceed five hundred parts per million.

      (f) The Commissioner of Environmental Protection may suspend the requirements of subsections (a) to (e), inclusive, of this section if the commissioner finds that the physical availability of fuel which complies with such requirements is inadequate to meet the needs of residential, commercial or industrial users in this state and that such inadequate physical availability constitutes an emergency provided the commissioner shall specify in writing the period of time such suspension shall be in effect.

      (P.A. 95-68, S. 1, 2; P.A. 06-143, S. 1; P.A. 08-124, S. 6.)

      *Note: On and after July 1, 2011, subsection (a) of this section, as amended by section 1 of public act 10-74, is to read as follows:

      "(a)(1) The amount of sulfur content of the following fuels sold, offered for sale, distributed or used in this state shall not exceed the following percentages by weight: (A) For number two heating oil, three-tenths of one per cent, and (B) for number two off-road diesel fuel, three-tenths of one per cent.

      (2) Notwithstanding subdivision (1) of this subsection, the amount of sulfur content of number two heating oil sold, offered for sale, distributed or used in this state shall not exceed the following percentages by weight: (A) For the period beginning July 1, 2011, and ending June 30, 2014, fifty parts per million, and (B) on and after July 1, 2014, fifteen parts per million.

      (3) The provisions of subdivision (2) of this subsection shall not take effect until the states of New York, Massachusetts and Rhode Island each have adopted requirements that are substantially similar to the provisions of said subdivision."

      (P.A. 95-68, S. 1, 2; P.A. 06-143, S. 1; P.A. 08-124, S. 6; P.A. 10-74, S. 1.)

      History: P.A. 95-68 effective January 1, 1996; P.A. 06-143 added new Subsecs. (b), (c) and (d) re graduated permissible sulfur contents for number two heating oil, added new Subsec. (e) re permissible sulfur content for number two off-road diesel fuel, redesignated existing Subsec. (b) as Subsec. (f), allowed suspension of requirements of Subsecs. (a) to (e) if commissioner finds inadequate physical fuel availability constitutes an emergency and made technical changes, effective June 6, 2006; P.A. 08-124 made technical changes in Subsecs. (b) to (e), effective June 2, 2008; P.A. 10-74 amended Subsec. (a) by designating existing provisions as Subdiv. (1), making technical changes therein and adding Subdiv. (2) re weight percentage sulfur content limit of number two heating oil and Subdiv. (3) re when provisions of Subdiv. (2) shall take effect, effective July 1, 2011.

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      Sec. 16a-21b. Biodiesel blend requirement for heating oil. Restriction on effective dates of provisions. Standards. Distillate Advisory Board. Temporary waiver of requirements. Report. (a) For purposes of this section:

      (1) "Heating oil" means heating fuel that meets the American Society of Testing Materials or "ASTM" standard D396 or the "ASTM" standard D6751;

      (2) "Biodiesel blend" means a fuel comprised of mono-alkyl esters of long chain fatty acids derived from vegetable oils or animal fats that meets the most recent version of ASTM International designation D6751;

      (3) "Sold" means the wholesale sale made to a retailer or the retail sale made to an end-user consumer;

      (4) "Commissioner" means the Commissioner of Consumer Protection, or the commissioner's designee; and

      (5) "Sufficient in-state production of biodiesel" means fifty per cent of the annual mandated volume of biodiesel, as determined by the most recent data available from the Energy Information Administration of the United States Department of Energy, is available from in-state producers based upon the combined nameplate capacity of such producers.

      (b) (1) Subject to the provisions of subdivision (2) of this subsection and subsections (d) and (f) of this section, (A) not later than July 1, 2011, all heating oil sold in this state shall be a biodiesel blend containing not less than two per cent biodiesel, (B) not later than July 1, 2012, all heating oil sold in this state shall be a biodiesel blend containing not less than five per cent biodiesel, (C) not later than July 1, 2015, all heating oil sold in this state shall be a biodiesel blend containing not less than ten per cent biodiesel, (D) not later than July 1, 2017, all heating oil sold in this state shall be a biodiesel blend containing not less than fifteen per cent biodiesel, and (E) not later than July 1, 2020, all heating oil sold in this state shall be a biodiesel blend containing not less than twenty per cent biodiesel.

      (2) The provisions of subparagraphs (A) to (E), inclusive, of subdivision (1) of this subsection shall not take effect until the states of New York, Massachusetts and Rhode Island each have adopted requirements that are substantially similar to the provisions of subparagraphs (A) to (E), inclusive, of subdivision (1) of this subsection.

      (c) Unless the commissioner issues a waiver pursuant to subsection (f) of this section, any biodiesel blended with heating oil shall be produced in accordance with industry-accepted quality control standards. A certificate of analysis that verifies conformity with the critical specifications of designation D6751 of ASTM International, as defined by the National Biodiesel Accreditation Program, shall be provided by the marketers or producers of any such biodiesel prior to the blending of such biodiesel with heating oil. The Department of Consumer Protection, within available appropriations, shall verify that biodiesel offered for sale in this state conforms to the critical specifications of designation D6751 of ASTM International, as defined by the National Biodiesel Accreditation Program, and to the biodiesel fuel quality compliance protocol currently accepted by the Department of Consumer Protection.

      (d) On or before April 1, 2011, and on or before April 1, 2012, the Commissioner of Consumer Protection, in consultation with the Distillate Advisory Board established pursuant to subsection (e) of this section, shall, within available appropriations, determine whether there is sufficient in-state production of biodiesel, to comply with the provisions of subparagraphs (A) and (B) of subdivision (1) of subsection (b) of this section, respectively. If the commissioner determines that such production is not sufficient, the commissioner, in consultation with the board, may delay the implementation date contained in said subparagraph until July 1, 2012, or earlier, and July 1, 2013, or earlier, respectively, provided the commissioner: (1) Not later than three business days after such determination, posts a notice specifying the duration of such delay on the department's Internet web site, and (2) not later than thirty days after such posting, reports, in accordance with the provisions of section 11-4a, the reasons for such delay to the joint standing committees of the General Assembly having cognizance of matters relating to the environment, general law and energy and technology.

      (e) (1) There is established a Distillate Advisory Board. Such board shall be located in the Department of Consumer Protection and shall consist of the following members appointed by the Commissioner of Consumer Protection: (A) Two representatives of the producers or suppliers of biodiesel in this state, (B) two representatives of the retail heating oil industry in this state, and (C) two representatives of the wholesale distillate supply industry in this state. Each member of the board shall serve at the pleasure of the commissioner and without compensation. No funds shall be allocated or made available to the board.

      (2) The board shall advise the commissioner on industry and market progress in meeting and enabling compliance with the requirements of subsections (b) and (c) of this section.

      (f) (1) The Commissioner of Consumer Protection, upon the receipt of a petition submitted by the Distillate Advisory Board in compliance with the provisions of subdivision (2) of this subsection, shall temporarily waive the requirements of subsections (b) and (c) of this section when: (A) The United States Department of Energy authorizes a release from the Northeast Heating Oil Reserve, (B) there is an inadequate supply of low-sulfur distillate products, or (C) there is an inadequate supply of biodiesel blending stocks or an operational problem that affects the supply of biodiesel blending stocks. Any such waiver shall be for a period of not less than thirty days and not more than forty-five days, provided such waiver may be renewed after the expiration of such period of time.

      (2) Any petition from the Distillate Advisory Board that requests a waiver of any requirement of subsection (b) or (c) of this section shall include, at a minimum: (A) A statement of the immediate threat to the health and safety of the citizens of this state posed by the inadequate supply of low-sulfur distillate products, biodiesel blending stocks or operational problems that affect the supply of biodiesel blending stocks, as applicable, (B) the cause and nature of such inadequate supply or operational problem, as applicable, (C) the expected duration of such inadequate supply or operational problem, and (D) as applicable, a description of any alternative distillate supply that temporarily is needed to take the place of the applicable distillate supply described in subsection (b) or (c) of this section. Not later than three business days after receipt of any such petition, the commissioner shall issue a waiver of the requirements of subsection (b) or (c) of this section, as applicable.

      (g) Not later than February 1, 2012, and each year thereafter, the Commissioner of Consumer Protection, in consultation with the Distillate Advisory Board, shall submit a report, in accordance with the provisions of section 11-4a, to the joint standing committees of the General Assembly having cognizance of matters relating to energy and the environment on the progress in meeting the requirements of this section and on any affect that such requirements may have on the price or supply of heating oil in this state.

      (P.A. 10-74, S. 2.)

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      Sec. 16a-22. Notice by wholesaler of impending shortage or termination of supply of petroleum products. Nondiscrimination. Penalty. (a) Any person engaged in the business of selling petroleum products, as defined in section 16a-22c, on a wholesale basis who has sufficient knowledge of an impending shortage in the availability of petroleum products, as defined in section 16a-22c, or any officer or manager of a firm or corporation engaged in such business who has such knowledge, shall cause to be given immediate written notice of any possible inability as a result of such shortage to deliver petroleum products, as defined in section 16a-22c, to the Secretary of the Office of Policy and Management and to each retail oil dealer engaged in the business of supplying petroleum products, as defined in section 16a-22c, for residential heating that such person, firm or corporation customarily supplies with petroleum products, as defined in section 16a-22c, on a wholesale basis. No such person engaged in the business of selling petroleum products, as defined in section 16a-22c, on a wholesale basis and no such officer or manager shall discriminate, in the percentage of supplies delivered, against independent retail oil dealers in favor of dealers affiliated with such supplier.

      (b) Any person engaged in the business of distributing or selling petroleum products, as defined in section 16a-22c, on a wholesale basis who intends to terminate the supply of petroleum products, as defined in section 16a-22c, to a retail dealer shall give written notice at least fourteen days in advance of such termination to the retail dealer, the municipality or municipalities in which the retail dealer distributes and the Secretary of the Office of Policy and Management concerning such proposed termination of supply.

      (c) Any person, firm or corporation who violates the provisions of this section shall be fined one thousand dollars for each violation.

      (P.A. 73-638, S. 1, 2; Oct. Sp. Sess. P.A. 79-14, S. 1, 3; P.A. 90-304, S. 6; P.A. 00-223.)

      History: October, 1979, P.A. 79-14 made former provisions Subsecs. (a) and (c) and inserted new Subsec. (b) re notice to retailer of wholesaler's intent to terminate supply; P.A. 90-304 expanded section to apply to all persons selling petroleum products, where previously applicable to sellers of fuel oil; P.A. 00-223 amended Subsec. (a) by removing reference to "advance" knowledge, by deleting provision re notice "at least thirty days in advance" and by requiring immediate written notice to the secretary, made technical changes in Subsec. (b) and increased penalty from $500 to $1,000 in Subsec. (c).

      See Sec. 19a-214 re suspension of delivery of fuel oil and bottled gas to rental residences.

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      Sec. 16a-22a. Retail dealers prohibited from requiring minimum delivery of fuel oil or propane. No retail dealer of fuel oil or propane shall require that any regular customer of such dealer accept a minimum delivery of fuel oil or propane of over one hundred gallons or seventy-five per cent of primary tank size, whichever is less, as a condition of delivery by such dealer.

      (Oct. Sp. Sess. P.A. 79-14, S. 2, 3; P.A. 90-304, S. 7; Aug. Sp. Sess. P.A. 08-1, S. 2.)

      History: P.A. 90-304 expanded section to apply to retail dealers of propane as well as retail dealers of fuel oil; Aug. Sp. Sess. P.A. 08-1 changed minimum delivery acceptance prohibition from over 150 gallons to over 100 gallons, effective September 1, 2008.

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      Sec. 16a-22b. Surcharge on price of fuel oil or propane prohibited. Exception. (a) No retail dealer of fuel oil or propane shall assess a surcharge on the price of fuel oil or propane delivered to a customer if the delivery of the fuel oil or propane is in an amount in excess of one hundred gallons, except that a surcharge may be assessed if a delivery is made outside the normal service area or the normal business hours of the dealer or extraordinary labor costs are involved in making a delivery.

      (b) No retail dealer of fuel oil or propane shall assess a residential customer a minimum delivery surcharge on any delivery initiated by the seller, including any delivery under an automatic delivery agreement.

      (Oct. Sp. Sess. P.A. 79-9, S. 2, 3; P.A. 81-330, S. 4, 13; P.A. 90-304, S. 8; Aug. Sp. Sess. P.A. 08-2, S. 2.)

      History: P.A. 81-330 added Subsec. (b) prohibiting minimum delivery surcharges on deliveries initiated by seller; P.A. 90-304 expanded section to apply to retail dealers of propane as well as retail dealers of fuel oil; Aug. Sp. Sess. P.A. 08-2 amended Subsec. (a) to change minimum delivery surcharge prohibition from 125 gallons to 100 gallons, effective September 1, 2008.

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      Sec. 16a-22c. Registration of petroleum product dealers. Definitions. Regulations. For the purposes of sections 16a-15 and 16a-22c to 16a-22g, inclusive:

      (1) "Company" means any corporation, partnership, proprietorship or any other business, firm or commercial entity;

      (2) "Petroleum products" means middle distillate, residual fuel oil, liquefied petroleum gas, motor gasoline, aviation gasoline or aviation turbine fuel, as defined in regulations which the secretary shall adopt in accordance with the provisions of chapter 54. Notwithstanding any provision of this subdivision to the contrary, "petroleum products" shall not include gasoline other than aviation gasoline, which is sold at retail in accordance with the provisions of chapter 250;

      (3) "Secretary" means the Secretary of the Office of Policy and Management, or his designee.

      (P.A. 80-436, S. 1, 7; P.A. 81-330, S. 6, 13; P.A. 86-198, S. 2, 3; P.A. 95-217, S. 3.)

      History: P.A. 81-330 added provisions in Subdiv. (2) including gasoline sold at retail to definition of "petroleum products" and granting secretary authority to adopt regulations; P.A. 86-198 added certain motor gasoline and aviation gasoline and aviation turbine fuel to definition of "petroleum products", required secretary to adopt regulations defining all terms included in definition of petroleum products and applied federal definitions until such regulations are adopted; P.A. 95-217 deleted provisions in Subdiv. (2) re construction of terms until regulations adopted.

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      Sec. 16a-22d. Registration requirements. Affiliated companies. (a)(1) Any person that is engaged in the wholesale or retail sale, or both, of petroleum products in this state or in the wholesale sale of petroleum products for consumption in this state and that sells at least one million gallons of such products annually or any person that is engaged in the operation of a petroleum product storage terminal or petroleum product pipeline shall register with the secretary not later than September thirtieth of each year or not later than thirty days of commencing operations in the state by such person, whichever is later.

      (2) Any person that is engaged in the wholesale or retail sale, or both, of petroleum products in this state or in the wholesale sale of petroleum products for consumption in this state and that sells at least five thousand but less than one million gallons of such products annually shall register with the secretary, if so requested by the secretary, not more than thirty days after such request. The secretary shall not require such registration more than once in any twelve-month period.

      (3) Such registration shall be on a form prescribed or furnished by the secretary and shall require the registrant, subject to the penalty for false statement under section 53a-157b, to provide the following information: (A) The name, mailing address and telephone number of the registrant; (B) the name, mailing address and telephone number of any company with which the registrant is affiliated, and whether any such affiliated company is engaged in the wholesale or retail sale, or both, or the delivery into or storage of petroleum products in this state or another state, or both; (C) whether the registrant engages in wholesale operations, retail operations, or both, or the delivery into or storage of petroleum products and whether the registrant engages in sales to residential customers; (D) any other names and places of business used by the registrant to conduct business; and (E) any further information which the secretary may request pursuant to this title.

      (b) For the purposes of this section, "affiliated" means the existence of one or more of the following relationships between the registrant and any other company: (1) The registrant owns or is owned by, in whole or in part, another company; (2) the registrant has one or more common officers or directors with another company; (3) the registrant owns facilities or equipment in common with another company; (4) the registrant engages in common operations or joint ventures with another company; or (5) the registrant controls the activities of another company, or the activities of the registrant are controlled by another company.

      (P.A. 80-436, S. 2, 7; P.A. 90-304, S. 9; P.A. 99-16, S. 1, 2; P.A. 00-53, S. 9.)

      History: P.A. 90-304 expanded section to also apply to persons engaged in the wholesale sale of petroleum products for consumption in this state or in operating petroleum product storage terminals or pipelines, required registration within 30 days of commencing operation and specified that information supplied must include other names and places of business used by the registrant; P.A. 99-16 amended Subsec. (a) by designating existing provisions requiring certain persons to register as Subdiv. (1) and by changing 5,000 to 1,000,000 gallons therein, by adding new Subdiv. (2) requiring certain persons to register if requested by the secretary, by designating provisions re registration form as Subdiv. (3) and by making technical changes, effective July 1, 1999; P.A. 00-53 made technical changes in Subsec. (a).

      See Sec. 16a-6 for applicability of section to persons applying for license under Sec. 14-319.

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      Sec. 16a-22e. Public listing of petroleum product dealers. The secretary shall maintain a public listing of persons engaging in the wholesale or retail sale of petroleum products who have registered in accordance with section 16a-22d. Such public listing shall include the information provided in accordance with subdivisions (1) and (3) of subsection (a) of said section.

      (P.A. 80-436, S. 3, 7.)

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      Sec. 16a-22f. Annual report by secretary. Section 16a-22f is repealed, effective July 1, 1995.

      (P.A. 80-436, S. 4, 7; P.A. 95-30, S. 2, 3.)

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      Sec. 16a-22g. Penalty for failure to register. Any person who fails to register by September thirtieth in each year in accordance with section 16a-22d shall be deemed to have committed an infraction and be fined not less than seventy dollars, except that any person who registers within thirty days thereof shall not be deemed to have committed an infraction if a late filing fee of fifty dollars is included with such person's registration form.

      (P.A. 80-436, S. 5, 7; P.A. 89-183.)

      History: P.A. 89-183 replaced penalty for a person who fails to register of a fine of not more than $500 with provision that such person shall be deemed to have committed an infraction and be fined not less than $70.

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      Sec. 16a-22h. Sellers of propane and number two distillate fuel required to register with Secretary of the Office of Policy and Management. Regulations. (a)(1) Each person, firm or corporation which is required to register pursuant to section 16a-22d, which engages in the wholesale or retail sale, or both, of propane in the state and which sells at least five hundred thousand gallons of such product annually, shall report to the Secretary of the Office of Policy and Management upon the request of the secretary and on such forms as prescribed by the secretary, not later than the fifteenth day of each month for which the secretary requests a report. Such report shall state the number of gallons held in storage on the last day of the previous month, the location of each storage facility in which the propane was stored, the number of gallons of propane held for shipment out of state and the estimated number of days' supply represented by the gallons held in storage.

      (2) Any person, firm or corporation who engages in the sale, other than at retail, of propane in the state shall report to the secretary upon the request of the secretary and on such forms as prescribed by the secretary, not later than the fifteenth of each month for which the secretary requests a report. Such report shall state the number of gallons of propane sold, other than at retail, during the previous calendar month and the estimated number of gallons to be sold during the current month.

      (b) (1) Each person, firm or corporation which is required to register pursuant to section 16a-22d, which engages in the wholesale or retail sale, or both, of number two distillate fuel in the state, in excess of five million gallons of such product annually, shall report to the Secretary of the Office of Policy and Management upon the request of the secretary and on such forms as prescribed by the secretary, not later than the fifteenth day of each month for which the secretary requests a report. Such report shall state the number of gallons held in storage on the last day of the previous month, the location of each storage facility in which the number two distillate fuel was stored, the number of gallons of number two distillate fuel held for shipment out of state and the estimated number of days' supply represented by the gallons held in storage. In any such report number two heating oil and diesel fuel shall be reported separately.

      (2) Any person, firm or corporation who engages in the sale, other than at retail, of number two distillate fuel in the state shall report to the secretary upon the request of the secretary and on such forms as prescribed by the secretary, not later than the fifteenth of each month for which the secretary requests a report. Such report shall state the number of gallons of number two distillate fuel sold, other than at retail, during the previous calendar month and the estimated number of gallons to be sold during the current month. In any such report number two heating oil and diesel fuel shall be reported separately.

      (c) Any person, firm or corporation who violates subsection (a) or (b) of this section shall be fined not more than one hundred dollars for the first offense nor more than five hundred dollars for each subsequent offense.

      (d) The Secretary of the Office of Policy and Management may adopt regulations, in accordance with the provisions of chapter 54, to establish reporting requirements for other petroleum products, as defined in subdivision (2) of section 16a-22c.

      (P.A. 90-304, S. 1; P.A. 95-30, S. 1, 3.)

      History: P.A. 95-30 changed the timing of reports from monthly to each month the secretary requests a report and made technical changes, effective July 1, 1995.

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      Sec. 16a-22i. Secretary of the Office of Policy and Management authorized to obtain information concerning petroleum products market. Notwithstanding any other provision of the general statutes to the contrary, whenever the Secretary of the Office of Policy and Management finds that conditions in the petroleum products market require additional sales, inventory or price information for a complete analysis of such market the secretary may require any person, firm or corporation engaged in the sale or storage of petroleum products in the state to provide such information concerning the petroleum products market as he directs.

      (P.A. 90-304, S. 2.)

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      Sec. 16a-22j. Changes in current business practices to be reported to the Secretary of the Office of Policy and Management. Each person, firm or corporation, registered pursuant to section 16a-22d, shall notify the Secretary of the Office of Policy and Management, in writing, within thirty days of the sale or acquisition of another person, firm or corporation registered, pursuant to said section, or of a change in the current business practices of such person, firm or corporation. As used in this section "current business practices" shall include the sale or acquisition of petroleum storage facilities, the withdrawal from or entry into a petroleum market or any activity which would alter the information provided in the registrants most recent registration.

      (P.A. 90-304, S. 4.)

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      Sec. 16a-22k. Unfair trade practices in the business of selling fuel oil. (a) No person, firm or corporation or any officers, agents or employees thereof, shall condition the availability of fuel oil burner maintenance or repair service upon the agreement of any purchaser or potential purchaser to purchase fuel oil from such person, firm or corporation, provided, any person, firm or corporation may give priority for service to any person who has an oil delivery contract with such person, firm or corporation.

      (b) Any person, firm or corporation who sells at retail fuel oil or propane gas to be used for residential space heating and who has established a schedule of payments plan with a retail customer, shall, upon notice of termination of future oil deliveries, return to such customer, within ten days of receiving any such notice, any moneys collected in excess of the retail price for fuel actually delivered, provided, this subsection shall not apply to a schedule of payment plan in which a specific product unit price is agreed upon for the length of the plan.

      (c) Each person, firm or corporation who sells under a trade name at retail fuel oil or propane gas to be used for residential space heating or who provides service for fuel oil or propane burners shall disclose to any customer or potential customer on any communication and invoice and in any advertising, the name of the person or entity which has filed a certificate to use such a trade name, as required by and pursuant to section 35-1.

      (d) Any violation of subsections (a) to (c), inclusive, of this section shall be deemed an unfair or deceptive trade practice under section 42-110b.

      (P.A. 90-304, S. 3; P.A. 07-217, S. 67.)

      History: P.A. 07-217 made a technical change in Subsec. (d), effective July 12, 2007.

      Cited. 231 C. 707.

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      Sec. 16a-22l. Fuel oil conservation and energy efficiency programs. Fuel Oil Conservation Board. Fuel oil conservation plan. (a) For purposes of this section, "fuel oil" means the product designated by the American Society for Testing and Materials as "Specifications for Heating Oil D396-69", commonly known as number 2 heating oil, and grade number 4, grade number 5 and grade number 6 fuel oil, provided such heating and fuel oil are used for purposes other than the generation of power to propel motor vehicles or for the generation of electricity.

      (b) On or before November 1, 2007, the Fuel Oil Conservation Board shall, after issuing a request for proposals, select an entity qualified to administer and implement conservation and energy efficiency programs for fuel oil customers, as described in this section, to act as the program administrator for such programs and shall enter into a contract not to exceed three years in duration for such purpose. At the expiration of the contract, the board may renew the contract if it finds that the administrator's performance has been satisfactory, or the board may issue a new request for proposals.

      (c) On or before March 1, 2008, the program administrator shall submit to the Energy Conservation Management Board a fuel oil conservation plan in accordance with the provisions of this section for the balance of 2008. On or before October 1, 2008, and annually thereafter, the program administrator shall submit to the Fuel Oil Conservation Board and the Energy Conservation Management Board a fuel oil conservation plan for the next calendar year in accordance with the provisions of this section. The board shall hold a public hearing on each such plan.

      (d) (1) The Fuel Oil Conservation Board shall advise and assist the program administrator in the development and implementation of a comprehensive plan, which shall be approved by the board, that implements cost-effective fuel oil energy conservation programs and market transformation initiatives for residential, commercial and industrial fuel oil customers. The board shall, as part of its review, examine opportunities to offer joint programs providing similar efficiency measures that save more than one fuel resource or to otherwise coordinate programs targeted at saving more than one fuel resource.

      (2) Program cost-effectiveness shall be reviewed annually by the Fuel Oil Conservation Board, or otherwise as practicable. Programs included in the plan shall be evaluated as to cost-effectiveness by comparing the value and payback period of the program benefits to the program costs to ensure that the programs are designed to obtain fuel oil savings, the value of which are greater than the costs of the program. If the board determines that a program fails such cost-effectiveness test, the board shall modify the program to meet the test or terminate the program. On or before January 1, 2009, and annually thereafter, the Fuel Oil Conservation Board shall provide a report to the joint standing committees of the General Assembly having cognizance of matters relating to energy and the environment, in accordance with the provisions of section 11-4a, that documents expenditures and fund balances and evaluates the cost-effectiveness of such programs conducted in the preceding year, including any increased cost-effectiveness due to offering programs that save more than one fuel resource.

      (3) Programs included in the plan may include, but not be limited to: (A) Conservation programs, including programs that benefit low-income persons; (B) research, development and commercialization of products or processes that are more energy-efficient than those generally available; (C) development of markets for such products and processes; (D) support for energy use assessment, engineering studies and services related to new construction or major building renovations; (E) the design, manufacture, commercialization and purchase of energy-efficient appliances and heating devices; (F) program planning and evaluation; (G) joint fuel conservation initiatives and programs targeted at saving more than one fuel resource; and (H) public education regarding conservation. Such support may be by direct funding, manufacturers' rebates, sale price and loan subsidies, leases and promotional and educational activities. The plan shall also provide for expenditures by the Fuel Oil Conservation Board for the retention of expert consultants and reasonable administrative costs, provided such consultants shall not be employed by, or have any contractual relationship with, a fuel oil company or the program administrator. Such costs shall not exceed five per cent of the total cost of the plan.

      (e) (1) There is established a Fuel Oil Conservation Board consisting of thirteen members, including:

      (A) One member representing dealers with retail oil heat sales in excess of fifteen million gallons in the state, appointed by the president pro tempore of the Senate;

      (B) One member representing dealers with retail oil heat sales of less than fifteen million gallons in the state, appointed by the speaker of the House of Representatives;

      (C) One member representing the heating, ventilation and air-conditioning trades licensed under chapter 393, appointed by the majority leader of the Senate;

      (D) One member representing wholesale heating distributors operating within the state, appointed by the majority leader of the House of Representatives;

      (E) One member representing a state-wide environmental advocacy group, appointed by the minority leader of the Senate;

      (F) The chairperson of the Heating, Piping, Cooling and Sheet Metal Work Board established under chapter 393;

      (G) One member from a state-wide retail oil dealer trade association, appointed by the minority leader of the House of Representatives;

      (H) Six members of the public appointed by the Governor, of which one shall be a representative of an environmental organization knowledgeable in energy efficiency programs, one shall be a representative of an in-state biodiesel distributor, one shall be a representative of a consumer advocacy organization, one shall be a representative of the business community, one shall be a representative of low-income ratepayers and one shall be a representative of state residents, in general, and all of whom shall have expertise in energy issues; and

      (I) All appointed members of the board shall serve in accordance with section 4-1a.

      (2) The Fuel Oil Conservation Board shall be within the office of the State Comptroller for administrative purposes only, and shall establish itself as a tax exempt organization in accordance with the provisions of Section 501(c)(3) of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as from time to time amended. Not later than July 1, 2008, and biennially thereafter, a third party selected by the Attorney General shall audit the activities of the board. The results of such audit shall be submitted in a report to the joint standing committees of the General Assembly having cognizance of matters relating to energy and the environment, in accordance with the provisions of section 11-4a.

      (3) The Fuel Oil Conservation Board shall establish a fuel oil conservation account. The account shall be a separate, nonlapsing account within the restricted grant fund and shall be funded by annual revenue from the tax imposed by section 12-587 on the sale of petroleum products gross earnings that is in excess of said revenue collected during fiscal 2006, provided the amount of such revenue that shall be allocated to said account in the fiscal year commencing July 1, 2007, shall not exceed ten million dollars, and the amount of such revenue that shall be allocated to said account in fiscal years commencing on and after July 1, 2008, shall not exceed five million dollars. The Comptroller may deposit into the fuel oil conservation account up to two million five hundred thousand dollars upon June 17, 2008, and any remaining balance for the fiscal year commencing July 1, 2007, shall be deposited as determined by the Comptroller upon the close of the fiscal year, but no later than October 1, 2008.

      (4) The Fuel Oil Conservation Board shall authorize specific amounts from the fuel oil conservation account established pursuant to subdivision (3) of this subsection to the program administrator selected to implement an approved plan under this section. Such amounts shall be in the form of grants, which the board shall award twice a year. Any moneys left in the account at the end of each fiscal year shall be transferred outright to the General Fund.

      (P.A. 07-242, S. 116; June Sp. Sess. P.A. 07-1, S. 131; June 11 Sp. Sess. P.A. 08-2, S. 7.)

      History: P.A. 07-242 effective July 1, 2007; June Sp. Sess. P.A. 07-1 amended Subsec. (e)(3) to specify "fiscal" 2006, to set caps for revenue allocated to the fund at $10,000,000 for fiscal year commencing July 1, 2007, and $5,000,000 for fiscal years commencing on and after July 1, 2008, and to require Comptroller to deposit funds into the account before accounts for the General Fund have been closed for each fiscal year, effective July 1, 2007; June 11 Sp. Sess. P.A. 08-2 amended Subsec. (e)(1)(H) to require one member to be representative of in-state biodiesel distributor rather than representative of in-state generators, amended Subsec. (e)(2) to place board within State Comptroller's office for administrative purposes only, and amended Subsec. (e)(3) to designate account as restricted grant fund, to delete requirement that Comptroller deposit funds into account before accounts for General Fund have been closed for each fiscal year, and to allow Comptroller to deposit up to $2,500,000 into account, effective June 17, 2008.

      See Sec. 4-38f for definition of "administrative purposes only".

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      Sec. 16a-22m. Residential propane service termination. (a) No propane supplier shall terminate service for nonpayment to any eligible residential propane customer living at a location served by ten or more vapor meters for central heating purposes (1) on a Friday, Saturday, Sunday, legal holiday, the day before a legal holiday, or less than one hour before such propane supplier's offices close for the day, (2) without fourteen days' written notice of such pending termination, including the date of termination and steps a customer can take to reinstate service, to the resident customer and the owner of record, and (3) for customers who provide documentation that they have applied for energy assistance, between November first and May first. A propane supplier may collect finance charges on past due balances not to exceed one and one-half per cent per month. If a propane supplier determines that a dangerous condition exists, such propane supplier may terminate any service at any time without notice.

      (b) As used in this section, (1) "eligible residential propane customer" means a residential propane customer (A) who receives local, state or federal public assistance, (B) whose sole source of financial support is Social Security, Veterans' Administration or unemployment compensation benefits, (C) who is head of the household and is unemployed, and the household income is less than three hundred per cent of the poverty level determined by the federal government, (D) who is seriously ill or who has a household member who is seriously ill, (E) whose income falls below two hundred per cent of the poverty level determined by the federal government, or (F) whose circumstances threaten a deprivation of food and the necessities of life for himself or dependent children if payment of a delinquent bill is required; and (2) "household income" means the combined income over a twelve-month period of the customer and all adults, except children of the customer, who are and have been members of the household for six months, or more.

      (P.A. 09-218, S. 3.)

      History: P.A. 09-218 effective July 8, 2009.

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      Sec. 16a-23. Gasoline supplied to franchised and independent distributors. Equal treatment. Enforcement. (a) No person engaged in the business of refining petroleum into gasoline and furnishing gasoline to retail distributors of gasoline for sale to the public in this state shall fail to furnish gasoline to independent retail distributors of gasoline in this state, whether or not franchised by such person, at wholesale prices in reasonable quantities as long as he continues to furnish gasoline to retail distributors of gasoline in this state which are wholly owned by him or operated under a franchise granted by him.

      (b) It shall constitute, prima facie, a violation of the provisions of subsection (a) of this section for any such person (1) during any calendar month beginning after July 1, 1973, to deliver to independent retail distributors of gasoline in this state a percentage of the total gallons of gasoline delivered by him to all retail distributors of gasoline in this state during that month which is lower than the percentage of the total gallons of gasoline delivered by him to all retail distributors of gasoline in this state during the period from July 1, 1971, to June 30, 1972, which was delivered by him to independent retail distributors of gasoline in this state during that period, or (2) to sell gasoline to independent retail distributors of gasoline in this state at a price during any such month which is greater than (A) the average price at which he sold gasoline to such distributors during the period from July 1, 1971, to June 30, 1972, increased by (B) a percentage equal to the percentage by which the average price for gasoline sold during that month to retail distributors of gasoline which are wholly owned by, or operated under a franchise granted by, that person exceeds the average price for gasoline sold to such distributors during the period from July 1, 1971, to June 30, 1972.

      (c) A violation of the provisions of subsection (a) of this section constitutes an unfair trade practice within the provisions of chapter 735a.

      (P.A. 73-637, S. 1, 2; 73-678, S. 11, 12.)

      History: P.A. 73-678 changed effective date of section from October 1, 1973, to July 1, 1973.

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      Sec. 16a-23a. Sale of anthracite. Regulations. Enforcement. The Commissioner of Consumer Protection shall adopt regulations in accordance with the provisions of chapter 54, (a) defining standard and substandard anthracite, based on specifications as to undersize and ash or slate and bone content, and (b) requiring any person, firm or corporation selling anthracite either (1) from out of state for resale within the state or (2) within the state only, to provide written notification to the purchaser as to whether such anthracite is standard or substandard, as defined in such regulations. Any violation of the regulations shall be deemed an unfair or deceptive trade practice under subsection (a) of section 42-110b.

      (P.A. 82-439, S. 6, 7; June 30 Sp. Sess. P.A. 03-6, S. 146(c); P.A. 04-189, S. 1.)

      History: June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of Consumer Protection with Commissioner of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004.

      Cited. 231 C. 707.

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      Secs. 16a-23b to 16a-23l. Reserved for future use.

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