An Act to Increase the Transfer Fees on Petroleum Products and Prevent Profiteering in and Hoarding of Fuel

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. 1. As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
2. 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.
3. B. “Hoard” means to withhold fuel from sale or delivery at a reasonable price during an emergency by a person dealing in fuel.
4. 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.
5. 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.
6. 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.

1. 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.
2. 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. 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 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. 2. Fee amounts. A fee of 50 cents is assessed per:
3. A. Barrel of unrefined crude oil and liquid asphalt;
4. B. Barrel of #6 fuel oil;
5. 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
6. 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. 1. Distribution of proceeds. Money collected from fees assessed under section 3331 must be transferred as follows:
2. A. Twenty-five percent to the Efficiency Maine Trust, to be used only for energy efficiency programs for low-income consumers; and
3. 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.