AN ACT relating to liquified petroleum gas.

UNOFFICIAL COPY 26 RS BR 2083
Page 1 of 4
XXXX 2/18/2026 11:00 AM Jacketed
AN ACT relating to liquified petroleum gas. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
SECTION 1. A NEW SECTION OF KRS CHAPTER 367 IS CREATED TO 3
READ AS FOLLOWS: 4
(1) As used in this section: 5
(a) "Liquified petroleum gas," "propane," or "LPG" has the same meaning as 6
in KRS 186.750; 7
(b) "Liquified petroleum gas tank" or "LPG tank" me ans an above -or below-8
ground cylinder, container, or receptacle, which is fixed in place and 9
designed to store LPG for the purpose of heating or generating electric 10
power for a residential customer; 11
(c) "Qualifying emergency" means: 12
1. A federal, state, or local state of emergency that has been declared; 13
2. A federal or state authority has granted a waiver from hours -of-14
operation limitations affecting LPG; or 15
3. Severe weather or any other similar circum stances exist that may 16
result in: 17
1. An individual being placed in imminent danger of death or 18
injury; or 19
2. A building structure or the structure's fixtures being at risk of 20
significant damage due to a lack of residential heat caused by the 21
lack of sufficient LPG; 22
(d) "Regular supplier" means a person, firm, limited liability company, or 23
corporation that: 24
1. Owns an LPG tank; and 25
2. Pursuant to a current contract, has agreed to supply LPG to the LPG 26
tank for use by a residential customer; 27
UNOFFICIAL COPY 26 RS BR 2083
Page 2 of 4
XXXX 2/18/2026 11:00 AM Jacketed
(e) "Temporary emergency supplier" means a person, firm, limited liability 1
company, or corporation that fills, refills, or otherwise delivers LPG into an 2
LPG tank that: 3
1. The temporary emergency supplier does not own; and 4
2. Is subject to an existing contract between a regular supplier and a 5
residential customer. 6
(2) Notwithstanding any provision of law to the contrary, when a qualifying 7
emergency is in effect and a residential customer who has a contract with a 8
regular supplier to fill a LPG tank reasonably believes t he amount of LPG will be 9
insufficient to meet the customer's heating needs, the customer may arrange to 10
have a temporary emergency supplier fill, refill, or otherwise deliver LPG into the 11
LPG tank under the following conditions: 12
(a) The customer makes a good-faith effort to procure delivery of LPG from the 13
regular supplier; 14
(b) The regular supplier is unable to make a scheduled delivery or fulfill the 15
customer's good -faith request, directly or through another supplier, for 16
delivery within twenty-four (24) hours; and 17
(c) The temporary emergency supplier ensures that the LPG tank and the 18
devices and pipelines operated in connection with the tank have been 19
inspected and certified as required by law. 20
(3) The temporary emergency supplier that fills, refills, or otherwise delivers LPG 21
under this section shall notify the regular supplier, in written or electronic form, 22
within five (5) business days of delivering the LPG. The temporary emergency 23
supplier shall provide the: 24
(a) Customer's name and address; 25
(b) Date and quantity of LPG delivered to the customer; 26
(c) Changes made to the tank system, if any; and 27
UNOFFICIAL COPY 26 RS BR 2083
Page 3 of 4
XXXX 2/18/2026 11:00 AM Jacketed
(d) Pressure test results, if required. 1
(4) When a temporary emergency supplier delivers LPG to a residential customer 2
during a period in which subsection (2) of this section does not apply, the 3
temporary emergency supplier or the customer's regular supplier shall not charge 4
any penalty or fee in addition to any filling, refilling, or delivery fees that are 5
usually charged to other customers in the ordinary course of business. 6
(5) The temporary emergency supplier shall assume all liability from the improper 7
filling, inspection, or testing of the LPG tank owned by the regular supplier. 8
(6) (a) Any contract executed after the effective date of this Act for the supp ly of 9
LPG to a residential customer shall include provisions that: 10
1. Allow a residential customer to use a temporary emergency supplier 11
under the conditions set forth in subsection (2) of this section; and 12
2. Do not impose additional penalties or fees in violation of subsection 13
(4) of this section. 14
(b) Any provision of a contract executed prior to the effective date of this Act 15
for the supply of LPG to a residential customer that prohibits a residential 16
customer from using a temporary emergency supplier under the conditions 17
set forth in subsection (2) of this section or imposes additional penalties or 18
fees in violation of subsection (4) of this section shall be void. 19
(7) (a) The Attorney General shall develop a Propane Customer Bill of Rights 20
consistent with this Section to address the rights of residential customers 21
who enter into contracts for the provision and delivery of LPG, including 22
the right of the customer to purchase LPG from a temporary supplier 23
during a qualifying emergency. 24
(b) The Propane Customer Bill of Rights shall be provided by every regular 25
supplier of LPG to the residential customer when a contract is executed. 26
(c) The Office of the Attorney General shall post the Propane Customer Bill of 27
UNOFFICIAL COPY 26 RS BR 2083
Page 4 of 4
XXXX 2/18/2026 11:00 AM Jacketed
Rights on its website. 1