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NORTH CAROLINA ENACTS EMERGENCY FILL LAW

Written on: August 24, 2026

From the National Propane Gas Association Bobtail

Last week, Governor Josh Stein signed Emergency Fill Law Senate Bill (SB) 445, the Regulatory Reform Act, into law. This legislation allows a marketer to fill a propane container that they do not own during a qualified emergency, if that customer demonstrates that they have less than a 20% supply of gas remaining in their tank and have also made a good-faith effort to procure fuel from their regular supplier. A qualifying emergency includes a declared federal, state, or local emergency, or when severe weather creates imminent danger or bodily harm due to the lack of heat. SB 445 provides an exception to NC General Statute Chapter 119-58(b), which has long prohibited the practice of filing a competitor’s propane tank.

Executive Director of the Southeast Propane Alliance (SEPA), John Jessup, has been engaged on the legislation since the idea was first proposed in Raleigh this year. “SB 445 is a narrowly tailored good samaritan measure for true emergencies,” said Jessup. “When a customer is critically low on propane and has made every reasonable effort to get their regular supplier to respond, and that supplier cannot make the delivery in time, the bill provides a responsible way to get that customer the fuel they need. Propane is essential not only for heating and cooking, but also for powering generators when the electric grid is down.”

As of the 2024 sales report, North Carolina was the 7th largest state market in the country, with 374 million gallons sold. For more information, contact NPGA’s Senior Director of State Advocacy & Affairs, Jacob Peterson, at jpeterson@npga.org.

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