Gov. Bentley declares state of emergency due to propane gas shortage

Published 4:32 pm Friday, January 24, 2014

The cold temperatures on Friday prompted many residents living in Chilton County to fill up their propane tanks at Chilton Propane Gas Company located on Enterprise Road.

The cold temperatures on Friday prompted many residents living in Chilton County to fill up their propane tanks at Chilton Propane Gas Company located on Enterprise Road.

The cold temperatures on Friday prompted many residents living in Chilton County to fill up their propane tanks at Chilton

Gov. Robert Bentley declared a state of emergency Thursday for all Alabama counties due to the threat of propane gas shortage associated with extreme winter weather in Alabama.

“With life threatening cold temperatures expected once again, it is important for Alabamians to have the necessary heating resources for survival,” Bentley said in a release. “This state of emergency will help Alabamians have an uninterrupted supply of propane gas and other home heating fuels during this period of winter weather.”

The emergency declaration enables Bentley to invoke various emergency preparedness measures, including Alabama’s price gouging law.

It will also suspend the rules and regulations regarding the purchase and sale of propane gas directed by the propane gas industry and allow propane tank owners to purchase propane from any company that sells it.

To help with the supply and demand of propane gas, the state of emergency will lift the federal transportation motor carrier laws and allow greater flexibility in the delivery to homes, schools and businesses.

The cold temperatures on Friday prompted many residents living in Chilton County to fill up their propane tanks at Chilton Propane Gas Company located on Enterprise Road.

“We have been unusually busy these last couple of weeks,” said Michael Elder, president of Chilton Propane. “People are concerned about these temperatures and want to make sure they are going to be able to stay warm.”

Elder started working at the company in 1978 and said he has never seen a span of cold temperatures comparable to the current temperatures affecting individuals living in Alabama.

“People who live in this state are not equipped for cold days like the ones we have been having,” Elder said. “We just aren’t used to it.”

Elder said with Bentley’s declaration of a state of emergency that he was asking his customers to be conservative with their gas.

“We have been asking everyone to be as conservative as they can,” Elder said. “A lot of people have space heaters and water heaters because if propane becomes a shortage then prices will be higher. I hope and pray there will still be a supply. We have been hit with some unusual temperatures and we are having to adjust to that as best we can.”

Alabama Attorney General Luther Strange reminded Alabamians on Friday that the state’s price gouging law was in effect for purposes of propane gas sales and delivery.

“My Consumer Protection Section already has been receiving calls of concern and inquiry from farmers and others who are worried and some are reporting significant price increases within recent days,” Strange said in a release. “With bitterly cold temperatures predicted through next week, it is important that people in rural areas are able to get the heat they need for their personal warmth and survival and farmers could suffer devastating losses that will affect all of us. I believe Alabama propane businesses will continue to act responsibly as Alabama stands together during this difficult time.”

Alabama’s price gouging law comes into effect when Bentley declares a state of emergency.

The law prohibits the “unconscionable pricing” of items for sale or rent.

Although what constitutes an unconscionable price is not specifically set forth in state law, a price that is 25 percent or more above the average price charged in the same area within the last 30 days, unless the increase can be attributed to a reasonable cost, is a case of unconscionable pricing.

The penalty is a fine up to $1,000 per violation and those determined to have willfully and continuously violated this law may be prohibited from doing business in Alabama.

Strange urged consumers and officials to report any problems of illegal price gouging to his Office of Consumer Protection by calling toll-free 1-800-392-5658, by writing to 501 Washington Avenue, Montgomery, AL 36130 or through the Attorney General’s web page at www.ago.alabama.gov.