§ 119-63.1 – Title.

119-63.1. Title. This Article shall be known as the "Propane Assessment Act." (2013-299, s. 1.)

§ 119-63.2 – Purpose.

119-63.2. Purpose. It is in the public interest for the State to enable dealers and distributors of propane to assess the product in order to raise funds for the purposes of promoting the common good, welfare, and advancement of the propane industry. (2013-299, s. 1.)

§ 119-63.3 – Definitions.

119-63.3. Definitions. The following definitions apply in this Article: (1) Association. – The North Carolina Propane Gas Association, Inc., a North Carolina nonprofit corporation. (2) Commissioner. – The Commissioner of Agriculture or his or her designee. (3) Dealer. – Any person who is registered with the Commissioner pursuant to G.S. 119-56 to engage in: a. […]

§ 119-63.4 – Referendum.

119-63.4. Referendum. (a) The Foundation may from time to time conduct referenda among dealers and distributors in this State upon the question of whether an assessment shall be levied on propane sold in this State. (b) The Foundation, upon prior consultation with the Association, shall determine: (1) The amount of the proposed assessment. (2) The […]

§ 119-63.5 – Payment and collection of assessment; refunds.

119-63.5. Payment and collection of assessment; refunds. (a) Each distributor, as the owner of propane at the time of odorization, or at the time of import of odorized propane, shall make the assessment based on the volume of odorized propane sold and placed into commerce in this State. Each dealer must pay the assessment on […]

§ 119-63.6 – Use of assessments; reporting.

119-63.6. Use of assessments; reporting. (a) The Foundation shall use the funds to promote the common good, welfare, and advancement of the propane industry, including, but not limited to, the following activities and programs: education, training, safety compliance, equipment replacement for low-income customers, marketing, advertising, promotion, and customer rebates to encourage energy-efficient appliance and equipment […]

§ 119-63.7 – Termination of assessment.

119-63.7. Termination of assessment. (a) Upon the Commissioner’s receipt of a petition signed by at least ten percent (10%) of the dealers requesting a referendum pursuant to this section, or a receipt of a petition signed by at least fifty percent (50%) of the distributors requesting a referendum pursuant to this section, the Department shall […]

§ 119-63.8 – Alliance activities deemed not in restraint of trade; pricing.

119-63.8. Association activities deemed not in restraint of trade; pricing. (a) No meeting or activity undertaken by the Association or the Foundation in pursuance of the provisions of this Article shall be considered illegal under antitrust law or a restraint of trade. (b) In all cases, the price of propane shall be determined by market […]