Industry split over emergency‑delivery rules as Commerce committee reviews propane, heating‑oil protections

The Commerce Committee heard sustained, often pointed testimony Tuesday on House Bill 12‑62, a bill sponsored by Representative Gianna Lucas that would tighten consumer protections in home heating oil and propane contracts.

"We received 171 contacts from New Hampshire consumers this heating season," Assistant Attorney General Mary Stewart told the committee, describing complaints about delayed deliveries, surprise fees and difficulty terminating service. Stewart said sections of the bill would require clearer disclosure of fees and refund of fuel remaining in tanks when service ends, set time limits for tank removal, and — for emergency situations — require action when a company verifies 25 gallons or less in a customer's tank: either deliver fuel within five days or notify the consumer within 24 hours and provide written authorization allowing another supplier to fill the tank so the household does not run out of heat.

"This seeks to help the consumer today when their heat is out today," Stewart said, framing the emergency‑delivery language as an immediate protection while enforcement investigations proceed.

Industry witnesses said the emergency‑delivery clause is the bill's most problematic element. Bob Scully and Leslie Anderson of the Propane Gas Association of New England told senators they oppose HB 12‑62 as drafted and urged the committee to focus enforcement on the relatively small number of large carriers that generated most complaints. "We are opposing House Bill 12‑62 as it is written," Scully said, while Anderson added, "We are adamantly opposed to the emergency delivery provision." They described a competitive retail market of 59 dealers in New Hampshire, said 55 of those dealers had no complaints on the AG's list, and outlined alternative measures the industry supports: written fee disclosures, 30‑day tank pickup rules, reimbursement for fuel remaining in tanks and contractual notice for fee changes.

Smaller, family‑owned dealers and local CEOs stressed operational and safety constraints for one‑off fills. Tom Manson of Eastern Propane and Rob Stenger of Simple Energy Partners said any company taking responsibility for another firm's tank must perform mandatory safety checks — "gas checks" — to verify the integrity of the tank and distribution system before delivery. "Safety is a big concern in our fuel delivery industry," Manson said. Stenger described a multistep inspection and chain‑of‑custody process that, he said, can take time and makes immediate third‑party fills impractical in many cases.

Industry representatives and some committee members discussed a compromise amendment — reported by sponsors and witnesses as Senator Reardon's amendment — that would remove the emergency‑delivery requirement and instead add a force‑majeure carve‑out to protect suppliers where access or safety prevents a delivery. Advocates for consumers and the AG's office said other provisions in the bill (fee disclosure, refunds, tank removal timelines) were drawn from statutes in Vermont and Connecticut and had broad support; the only substantive objection from industry centered on the emergency clause.

The committee did not take a vote. Chair closed the hearing and moved on to other bills on the agenda.

What happens next: Committee staff and members may negotiate language focused on the non‑controversial consumer disclosures and tank‑removal deadlines while deciding whether to retain, adapt or omit the emergency‑delivery language.