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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. Sulphur content of home heating oil and off-road diesel fuel.
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-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.
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.)
(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) shall be fined not more than two hundred and 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.)
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.)
See Sec. 16a-5 for secretary's investigatory and subpoena powers.
(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 he believes, or has reason to believe, has
information relative to the prosecution of said 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 said other states relative to the taking of depositions where
allowed by the laws of those 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, so 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 said 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.)
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.
(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.
(a)
The amount of sulphur content of the following fuels 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) The Commissioner of Environmental Protection may suspend the requirements
of subsection (a) of this section if he finds that the 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 availability constitutes an emergency provided he shall specify in writing the period of time such suspension shall be
in effect.
(P.A. 95-68, S. 1, 2.)
History: P.A. 95-68 effective January 1, 1996.
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 five hundred to one thousand
dollars in Subsec. (c).
See Sec. 19a-214 re suspension of delivery of fuel oil and bottled gas to rental residences.
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 fifty 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.)
History: P.A. 90-304 expanded section to apply to retail dealers of propane as well as retail dealers of fuel oil.
(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 twenty-five 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.)
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.
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.
(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
thirty 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 five thousand to one million 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.
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.)
Section 16a-22f is repealed, effective
July 1, 1995.
(P.A. 80-436, S. 4, 7; P.A. 95-30, S. 2, 3.)
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 five hundred dollars
with provision that such person shall be deemed to have committed an infraction and be fined not less than seventy dollars.
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.
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.)
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.)
(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, shall be deemed an unfair or
deceptive trade practice under section 42-110b.
(P.A. 90-304, S. 3.)
Cited. 231 C. 707, 727.
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.
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.)
Cited. 231 C. 707, 727.
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