S445 - Regulatory Reform Act of 2026. (SL 2026-59)

Session Year 2024

Overview: Section 26 of S.L. 2026‑59 (Senate Bill 445) provides a limited exception to the prohibition of disconnecting, interrupting or filling a liquified petroleum (LP) gas tank or system without supplier's consent, that allows a licensed LP gas dealer other than the owner or supplier of an LP gas tank or system (emergency supplier) to refill a customer's LP gas tank during qualifying emergencies. During a qualifying emergency, the emergency supplier may fill or refill the system's tanks with LP gas provided conditions, like limited supply, good faith efforts to procure delivery and obtain consent from the current supplier, temporary tags, and notification upon fill, are met.

This section also creates a de minimis exception for tanks or containers with a capacity less than 5 gallons, requires a tag, label, or other marking attached to the tank or container to include the name of the tank or container owner, requires a leak test when a new supplier takes over regular service for filling the tank or container, increases civil and criminal penalties for violations, and provides limited liability protections for emergency suppliers acting pursuant to the qualifying emergency refill exception.

This section also provides that the Department of Agriculture and Consumer Services can only issue warnings for the failure of a supplier to either attach the required tag, label, or other marking to the tank or container that includes the owner's name or conduct a leak test. The authority to issue warnings for violations expires December 1, 2027.

This section becomes effective December 1, 2026, and applies to offenses committed on or after that date.

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