New Jersey § 52:27d-511

§ 52:27d-511.

a. Within 180 days following the effective date of this act, 1 the department shall adopt rules and regulations pursuant to the “Administrative

Procedure Act,” P.L.1968, c. 410 ( C.52:14B-1 et seq. ) requiring that propane gas suppliers or marketers distribute to each customer a

description of the terms of their plans or contracts for the sale of propane and propane

services in a plain and conspicuous manner and providing for certification of persons

as qualified to engage in the sale of propane and to perform propane services pursuant

to subsection c. of this section. b. The description required by subsection a. of this section shall contain the following

information: (1) The supplier's or marketer's charges and pricing policies for propane and propane

services that are disclosed in a format including a price conversion chart that will

assist a customer to compare price offers from different propane suppliers or marketers

on a uniform basis which an average person can understand and use to do comparative

shopping for propane, propane services and for a supplier or marketer; (2) Notification of the right of customers to obtain the supplier's or marketer's

current prices of propane and propane services over the telephone, by facsimile transmission

or by any other electronic or written means including any additional charges that

may be included in the plan or contract for any other items related to the purchase

of propane and propane services; (3) Whether the supplier's or marketer's price of propane and propane services may

vary depending on non-scheduled or irregular deliveries of propane, or the provision

of propane services on weekends, nights, holidays or at other times outside of the

normal weekday hours, the criteria for determining what constitutes a non-scheduled

or irregular delivery, or outside of normal weekday hours, and the cost of non-scheduled

or irregular delivery if propane is provided outside of regular delivery, or if propane

services are provided outside of normal weekday hours; (4) The amount of any additional charges that may be charged by that supplier or marketer

to install a container or any other related equipment that may be needed to store

and utilize propane, the amount of any container rental fees that may be charged by

that supplier or marketer, notice of the customer's right to use the customer's own

container and regulator provided that the container and regulator have been verified

by the supplier or marketer to meet current safety and licensing standards, and the

cost charged by the supplier or marketer to verify whether the customer's container

and regulator meet current standards and regulations; (5) Criteria used to determine that supplier's or marketer's pricing structure for

propane or propane services, including such criteria as annual usage, the area where

the customer lives, the quantity or time of the delivery or other factors; (6) Notice of the right to be contacted by that supplier or marketer at least seven

business days before the propane supplier or marketer may discontinue further propane

deliveries due to nonpayment; (7) Notice of the customer's right to receive written verification that the propane

supplier or marketer is licensed by the New Jersey Department of Community Affairs; (8) Notice of the customer's right to change propane suppliers or marketers, consistent

with the terms of the customer's plan or contract, if the customer is dissatisfied

with price or services or for any other reason; (9) Notice of whether a customer is required to call for delivery of propane or if

the deliveries are automatic, how often the automatic delivery will be made, whether

the deliveries will be made on weekends and holidays and, if so, whether there are

additional charges to make deliveries on weekends and holidays, and if the customer

is to receive automatic delivery, whether the customer should inform the supplier

or marketer of any changes in the customer's circumstances that might change the rate

at which the customer uses propane; (10) Notice of whether there is any minimal amount of propane per delivery, how many

days a customer has to pay a bill after the delivery of propane is made or propane

services are provided, as the case may be, and how many days before late fees are

charged to a customer and what the supplier's or marketer's policy is for the delivery

of propane or the provision of propane services, if needed, during the winter when

a customer may have outstanding debt; (11) Notice of the provisions contained within subsection c. of this section; (12) If desired by the supplier or marketer, a statement that nothing in this description

is a waiver or amendment of the contract or plan between the supplier or marketer

and the customer, but is merely a summary of the department's regulations for the

convenience of the customer; and (13) Any other information that the department considers appropriate to ensure that

customers of propane suppliers or marketers are fully informed of the terms of their

plans or contracts. c. To ensure the safety of this State's propane customers, any customer who desires

to cause propane services to be performed should ensure that any such propane services

are performed only by persons certified by the department pursuant to the regulations

to be adopted pursuant to paragraph (1) of this subsection or by: (1) a licensed master plumber, or journeyman plumber working under the supervision

of a master plumber, who has had appropriate training in the performance of propane

services as required by the State Board of Examiners of Master Plumbers; or (2) a

licensed master HVACR contractor, or HVACR journeyperson working under the supervision

of a master HVACR contractor, who has had appropriate training in the performance

of propane services as required by the State Board of Examiners of Heating, Ventilating,

Air Conditioning and Refrigeration Contractors . (1) The department, in consultation with and upon the advice and recommendation of

the Liquefied Petroleum Gas Education and Safety Board, shall promulgate rules and

regulations for the certification and competency testing of all persons engaged in

the sale of propane and performing propane services, other than the performing of propane services by a master plumber or a journeyman

plumber working under the supervision of a master plumber or master HVACR contractor

or HVACR journeyperson working under the supervision of a master HVACR contractor, and for the dissemination to the public of information regarding the current certification,

or the lack thereof, of persons offering to perform propane services in this State. (2) Within 180 days of the effective date of P.L.2011, c. 43 , the State Board of Examiners of Master Plumbers, in consultation with and upon the

advice and recommendation of the Liquefied Petroleum Gas Education and Safety Board,

shall promulgate rules and regulations for the certification and competency testing

of all licensed master plumbers engaged in performing propane services. (3) Within 180 days of the effective date of P.L.2011, c. 43 , the State Board of Examiners of Heating, Ventilating, Air Conditioning and Refrigeration

Contractors, in consultation with and upon the advice and recommendation of the Liquefied

Petroleum Gas Education and Safety Board, shall promulgate rules and regulations for

the certification and competency testing of all licensed master HVACR contractors

engaged in performing propane services. (4) All persons who are certified by the department , a master HVACR contractor or HVACR journeyperson working under the supervision of

a master HVACR contractor, or a master plumber or a journeyman plumber working under

the supervision of a master plumber shall be legally responsible for the propane services they perform. d. Propane gas suppliers or marketers shall provide the information required by subsection

b. of this section to a customer prior to entering into any contract with a customer

for the delivery of propane or propane services, upon renewal of an existing contract

and in response to a request from a customer. e. The department shall adopt rules and regulations directing propane suppliers and

marketers to publish the information required by subsection b. of this section in

a format that is clear, uniform and designed to ensure that customers may accurately

compare the true cost of services among different suppliers or marketers. f. The department shall also require propane suppliers and marketers to meet the disclosure

requirements in subsection b. of this section in advertising to the extent allowed

by the advertising medium. 1

L.2007, c. 150, eff. Aug. 21, 2007.