LD 585
pg. 3
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LR 555
Item 1

 
oil and motor fuel oil supplied by the refiner to each retail
outlet controlled by the refiner under its control during any
portion of the reporting period and the total gallons of home
heating oil and motor fuel oil sold by the refiner or its
affiliate from a bulk storage facility or depot directly to
any end user for consumption in the State.

 
Sec. 5. 10 MRSA §1673, sub-§3, as amended by PL 1999, c. 151, §1, is
repealed.

 
Sec. 6. 10 MRSA §1677, as enacted by PL 1991, c. 836, §3, is
amended to read:

 
§1677. Report by Attorney General to Legislature

 
Annually by December 31st, the Attorney General shall make a
report to the Legislature describing the concentration of retail
outlets in the State or in sections of the State without
disclosing the name of any particular retailer or retail outlet.
The Attorney General shall include in the annual report a
recommendation to the Legislature as to whether additional
legislation is needed to further limit or curtail the activity of
refiners operating retail outlets. In formulating a legislative
recommendation, the Attorney General shall consult with industry
stakeholders; notwithstanding this consultation requirement, the
substance of the recommendation is a matter for the Attorney
General's sole discretion.

 
Sec. 7. 10 MRSA §1678, as amended by PL 2001, c. 352, §6, is
repealed.

 
Sec. 8. 10 MRSA §1681, as amended by PL 1999, c. 151, §2, is
further amended to read:

 
§1681. Fees

 
Annually by September 1st, a person who operates or causes to
be operated an oil terminal facility within the State, as defined
in Title 38, section 542, subsection 7, and a person who is
required to register with the Commissioner of Environmental
Protection pursuant to Title 38, section 545-B, shall pay to the
Attorney General a fee for each 10,000 gallons of home heating
oil and motor fuel oil transported into the State during the
previous 12-month period ending June 1st. Home heating oil or
motor fuel oil that is subsequently exported from the State is
excluded from computation, except that home heating oil sold to a
retailer or retail outlet located outside the State that sells
home heating oil at retail within the State is not excluded. The
fee that must be paid by September 1, 1996 and for each
subsequent year is 40¢ for each 10,000 gallons or portion


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