New Hampshire HB 1262: relative to home heating oil and propane contracts and sales.

Bill Text

HB 1262-FN - AS AMENDED BY THE SENATE

11Mar2026... 0979h

05/07/2026 1713s

2026 SESSION

 26-2434

 04/09

HOUSE BILL 1262-FN

AN ACT relative to home heating oil and propane contracts and sales.

SPONSORS: Rep. Lucas, Graf. 7; Rep. Rung, Hills. 12; Rep. Baldwin, Graf. 4; Rep. Miller, Straf. 21; Rep. Bolton, Graf. 8; Rep. Lovett, Graf. 8; Rep. Fellows, Graf. 8

COMMITTEE: Commerce and Consumer Affairs

─────────────────────────────────────────────────────────────────

AMENDED ANALYSIS

 This bill updates requirements for home heating oil, kerosene, and propane dealers by expanding contract-disclosure rules, modifying prepaid-contract protections, setting requirements for tank removal and refunds, limiting service-termination fees, and designating violations as unfair or deceptive acts.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 

Explanation: Matter added to current law appears in bold italics.

 Matter removed from current law appears [in brackets and struckthrough.]

 Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

11Mar2026... 0979h

05/07/2026 1713s

 26-2434

 04/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty-Six

AN ACT relative to home heating oil and propane contracts and sales.

Be it Enacted by the Senate and House of Representatives in General Court convened:

 1 Petroleum Sales Contracts. Amend RSA 339:79 to read as follows: 

 339:79 Requirements for Guaranteed Price Plans, [and] Prepaid Contracts for Petroleum, and Contracts and Sales for Petroleum. 

 I. A contract with a consumer that offers a guaranteed price plan, requires prepayment by the consumer, or similar contracts shall be in writing and shall disclose the terms and conditions of the plan. A solicitation for such a guaranteed price plan that could become a contract upon response from a consumer shall also be in writing with the terms and conditions, [disclosed in plain language] including any pre-buy fees or ancillary charges. Any contract shall also include: 

 (a) Dealer contact information for written or electronic communication in the event that a consumer wishes to make a notification to the dealer for discontinuation of the contract; and 

 (b) The contact information for the New Hampshire department of justice consumer protection hotline.

 II. A contract for the retail sale of home heating oil, kerosene, or liquefied petroleum gas to a consumer shall also indicate the total amount of money to be paid by the consumer, the gallons committed by the fuel dealer to be delivered under the contract, the price per gallon, the payment terms, and disclose all fees, including tank rental fees, early termination fees, and other ancillary fees, the duration of the contract, the remedies enforceable by the dealer against a non-performing consumer, and that the contract is secured as provided in this section, if applicable. The information required by this section shall be in plain language and shall be printed [in no less than 12-point boldface type of uniform font after the price of service described] clearly and conspicuously. 

 III. A contract that requires prepayment by the consumer shall comply with paragraphs I and II of this section. Such contract also: 

 (a) Shall not be advertised or solicited by the dealer in any manner to advertise, solicit, or promote the details of prepaid contracts being offered to consumers, nor shall the dealer solicit or promote pre-buy services independent of all the services offered by the dealer, earlier than May 1 or later than October 31 of the year in which the heating fuel season begins. Such contracts may be signed prior to May 1 only at the request of the consumer. 

 (b) Shall require dealers to [reimburse consumers] provide consumers the option of reimbursement at the contract price for any undelivered pre-purchased fuel[, within 30 days after the contract ends, unless the dealer and consumer agree to different terms] and any prorated pre-buy fees, within 30 calendar days after the contract ends. 

 (c) Shall include a clear explanation of the means by which the dealer will meet the obligations of the contract for the entire contract period, including supplier agreements, futures contracts, bonding, a line of credit or liquid product inventory. 

 (d) Shall not falsely claim coverage. Any dealer who falsely claims coverage or fails to maintain coverage until the completion of the contract shall be guilty of a class A misdemeanor, in addition to other penalties as provided in [paragraph VI] this section. 

 IV. No home heating oil, kerosene, or liquefied petroleum gas dealer shall enter into a prepaid contract to provide home heating oil, kerosene, or liquefied petroleum gas to a consumer unless that dealer has, within 7 days of the acceptance of the contract, obtained and maintained any one of the following: 

 (a) A