Chapter 138

2009 -- S 0294 SUBSTITUTE A

Enacted 07/16/09

A N A C T

RELATING TO BUSINESSES AND PROFESSIONS -- HOME HEATING OIL SALES

Introduced By: Senator Maryellen Goodwin

Date Introduced: February 12, 2009

It is enacted by the General Assembly as follows:

SECTION 1. Title 5 of the General Laws entitled "BUSINESSES AND PROFESSIONS"

is hereby amended by adding thereto the following chapter:

CHAPTER 82

HOME HEATING OIL SALES

5-82-1. Requirements for guaranteed price plans, price protection and prepaid

contracts. – (a) A contract for the retail sale of home heating oil that offers a guaranteed price

plan, including a ceiling price cap plan contract and any other similar plan, must be disclosed in a

way to clearly define the terms and conditions of the price plan. The disclosure of terms and

conditions must be in plain language, must immediately follow the language concerning the price

or service that could be affected and must be, if initiated verbally, confirmed in writing no more

than fourteen (14) days from the initiation date using no less than twelve (12) point boldface type

of uniform font. The disclosure of terms and conditions, must include, but not be limited to, any

additional fees or costs for securing the guaranteed price, as well as, any early termination fees.

(b) A solicitation for the retail sale of home heating oil that offers a guaranteed price

plan, including a ceiling price cap plan and any other similar plan, must be confirmed in writing,

no more than fourteen (14) days from the solicitation date, and the terms and conditions of that

offer must be disclosed in plain language.

(c) A home heating oil dealer that pays for media or print advertising of a price shall offer

said price for a period of no less than twenty-four (24) hours, or until the next advertised price is

so publicized, whichever occurs first.

(d) No prepaid home heating oil contract shall require any consumer commitment to

purchase home heating oil pursuant to the terms of such contract for a period of more than twelve

(12) months.

(e) Any violation of this chapter shall render the terms and conditions of the

aforementioned contract null and void.

SECTION 2. This act shall take effect upon passage.

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LC01387/SUB A

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