SB 382 – AS INTRODUCED
2008 SESSION
05/10
SENATE BILL 382
COMMITTEE: Energy, Environment and Economic Development
This bill prohibits retail sellers of gasoline and diesel fuel from using fractional cent pricing.
The bill also establishes the unit of measure for gasoline and diesel fuel to be the temperature-adjusted gallon and directs the department of environmental services to determine the size of a temperature adjusted gallon in New Hampshire. Failure to comply with the temperature adjustment requirement is a violation.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
08-2664
05/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eight
AN ACT relative to gasoline and diesel fuel prices.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Gasoline and Diesel Fuel Prices. Amend RSA 339:30-a to read as follows:
339:30-a Gasoline and Diesel Fuel Prices.
I. Any person who offers for sale or sells gasoline or diesel fuel at retail shall establish a whole cent price per unit of gasoline or diesel fuel.
I-a. All persons who shall offer for sale or sell any gasoline or diesel fuel at retail shall post the price of all grades of such gasoline or diesel fuel on the pump from which such fuels are dispensed. Such posted prices shall be in numerals not less than 4 inches high and 3/4 of an inch in width. [Numerals indicating fractions or portions of whole numbers on any posted price shall be at least 1/2 the size of the whole number on such display, and] All posted prices shall reflect the total price of such fuel, including all taxes thereon. All posted prices shall be clearly visible from both sides of the pump from either direction of a motorist’s approach to the pump in a normal approaching manner for fuel.
II. Any person who shall violate the provisions of this section shall be guilty of a violation.
2 New Section; Retail Sale of Temperature-Adjusted Gasoline and Diesel Fuel. Amend RSA 339 by inserting after section 30-a the following new section:
339:30-b Retail Sale of Temperature-Adjusted Gasoline and Diesel Fuel.
I. The unit measure of capacity for gasoline and diesel fuel sold at retail shall be the temperature-adjusted gallon. The department of environmental services shall define the size of a temperature-adjusted gallon of gasoline and of diesel fuel.
II. To determine the size of a temperature-adjusted gallon under this section, the department of environmental services shall:
(a) Determine the historical average temperature for the state.
(b) Determine the amount by which a gallon of gasoline or diesel fuel at 60 degrees Fahrenheit expands or contracts when heated or cooled to the historical average temperature.
(c) Use the amount of expansion or contraction determined under subparagraph (b) to determine the size of a temperature-adjusted gallon.
III. On or before December 31, 2010, the department of environmental services shall inspect each retail gasoline and diesel fuel pump in this state to ensure compliance with this section.
IV. The department of environmental services shall adopt rules, pursuant to RSA 541-A, relative to the size of a temperature adjusted gallon of gasoline and any other matter relative to the application and enforcement of this section.
V. Any person who violates this section shall be guilty of a violation.
3 Effective Date. This act shall take effect January 1, 2009.