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SENATE DOCKET, NO. 111         FILED ON: 1/18/2011

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1647


The Commonwealth of Massachusetts



Gale D. Candaras


To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
              Court assembled:

              The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act relative to the sale of heating oil.






Gale D. Candaras


Jennifer E. Benson

37th Middlesex

Michael O. Moore


Sheila C. Harrington

1st Middlesex

Benjamin Swan

11th Hampden

SENATE DOCKET, NO. 111        FILED ON: 1/18/2011

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1647

By Ms. Candaras, a petition (accompanied by bill, Senate, No. 1647) of Gale D. Candaras, Jennifer E. Benson, Michael O. Moore, Sheila C. Harrington and others for legislation to sell heating oil.  Telecommunications, Utilities and Energy. 

The Commonwealth of Massachusetts


In the Year Two Thousand Eleven



An Act relative to the sale of heating oil.

              Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

                              SECTION 1.  Chapter 94 of the General Laws is hereby amended by inserting after Section 249H- the following section

              Section 249H-  "Sale of Heating Oil"  (a) Any individual or business, or any agent or employee thereof who sells heating oil pursuant to the standards adopted under Sections 249H and 249H- and offers deliver of the same shall not deny delivery based solely on a customer failing to meet a minimum price or quantity of such heating oil between November 15 and March 15. 

                              (b)  No surcharge or any other fee may be charged to any customer who otherwise would be denied delivery of heating oil pursuant to subsection (a)

                              (c)   Violation of this section shall result in a fine of not more than $1000 or by imprisonment for not more than 6 months or both.

                              (d)  An individual claiming to be aggrieved by a violation of this section may, 90 days after the filing of a complaint with the attorney general, or sooner if the attorney general assents in writing, and within 3 years after the violation, institute and prosecute in his own name and on his own behalf, or for himself and for others similarly situated, a civil action for injunctive relief, for any damages incurred.

                              (e)   The director of standards shall promulgate rules and regulations as necessary to carry out this section.

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