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H0645...........................................................by BUSINESS LIQUEFIED PETROLEUM GAS - Amends existing law to clarify the application of the Idaho Liquefied Petroleum Gas Public Safety Act. 02/10 House intro - 1st rdg - to printing 02/13 Rpt prt - to Bus 02/24 Rpt out - rec d/p - to 2nd rdg 02/27 2nd rdg - to 3rd rdg 03/03 3rd rdg - PASSED - 66-0-4 AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer, Bedke, Bell, Bilbao, Block, Boe, Bolz, Brackett, Bradford, Cannon, Chadderdon, Clark, Collins, Crow, Deal, Denney, Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Garrett, Hart, Harwood, Henbest, Henderson, Jaquet, Kemp, LeFavour, Loertscher, Martinez, Mathews, McGeachin, McKague, Miller, Mitchell, Moyle, Nielsen, Nonini, Pasley-Stuart, Pence, Raybould, Ring, Ringo, Roberts, Rusche, Rydalch, Sali, Sayler, Schaefer, Shepherd(2), Shepherd(8), Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wills, Wood NAYS -- None Absent and excused -- Black, Lake, Shirley, Mr. Speaker Floor Sponsor - Cannon Title apvd - to Senate 03/06 Senate intro - 1st rdg - to Com/HuRes 03/10 Rpt out - rec d/p - to 2nd rdg 03/13 2nd rdg - to 3rd rdg 03/14 3rd rdg - PASSED - 32-0-3 AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett, Cameron, Coiner, Compton, Corder, Darrington, Davis, Fulcher, Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough, Langhorst, Little, Lodge, Malepeai, Marley, McGee, McKenzie, Richardson, Schroeder, Stegner, Stennett, Werk, Williams NAYS -- None Absent and excused -- Burtenshaw, Pearce, Sweet Floor Sponsor - Broadsword Title apvd - to House 03/15 To enrol 03/16 Rpt enrol - Sp signed 03/17 Pres signed - To Governor 03/22 Governor signed Session Law Chapter 110 Effective: 07/01/06
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 645 BY BUSINESS COMMITTEE 1 AN ACT 2 RELATING TO THE IDAHO LIQUEFIED PETROLEUM GAS PUBLIC SAFETY ACT; AMENDING SEC- 3 TION 54-5102, IDAHO CODE, AS ADDED BY SECTION 1, CHAPTER 143, LAWS OF 4 2005, TO REDESIGNATE THE SECTION AND TO PROVIDE FURTHER APPLICATION; 5 AMENDING SECTION 54-5108, IDAHO CODE, AS ADDED BY SECTION 1, CHAPTER 143, 6 LAWS OF 2005, TO REDESIGNATE THE SECTION AND TO PROVIDE APPLICATION TO A 7 FACILITY WITH A STORAGE CAPACITY OF FOUR THOUSAND ONE GALLONS OR MORE. 8 Be It Enacted by the Legislature of the State of Idaho: 9 SECTION 1. That Section 54-5102, Idaho Code, as added by Section 1, Chap- 10 ter 143, Laws of 2005, be, and the same is hereby amended to read as follows: 11 54-51025302. DECLARATION OF POLICY. (1) In order to protect the public 12 health, safety and welfare, every person practicing or offering to practice as 13 a liquefied petroleum gas dealer as herein defined shall submit evidence of 14 meeting such education, experience and examination qualifications as hereinaf- 15 ter provided and be licensed in accordance with the provisions of this chap- 16 ter. 17 (2) In order to protect the public health, safety and welfare, it shall 18 be unlawful to own or operate any facility engaged in liquefied petroleum gas 19 facility operation unless such facility is licensed in accordance with the 20 provisions of this chapter. 21 (3) Every person so licensed and every facility so licensed shall main- 22 tain prescribed standards of competence, conduct and operation, and shall 23 annually renew said license in order to continue such practice or operation. 24 This chapter shall be liberally construed to promote the public interest and 25 to accomplish the purpose stated herein. 26 (4) Notwithstanding any other provisions of law pertaining to the instal- 27 lation of plumbing and heating, ventilation, and air conditioning systems, and 28 except as provided in section 54-5305, Idaho Code, the provisions of this 29 chapter shall govern all persons and entities engaged in the outdoor installa- 30 tion of any liquefied petroleum gas storage tank, or outdoor piping from the 31 storage tank through the second stage regulator. 32 SECTION 2. That Section 54-5108, Idaho Code, as added by Section 1, Chap- 33 ter 143, Laws of 2005, be, and the same is hereby amended to read as follows: 34 54-51085308. FACILITY LICENSE -- EQUIPMENT -- INSPECTIONS. (1) The board 35 shall issue a facility license to any person, corporation, partnership, trust, 36 association or other legal entity to operate at specific locations only. No 37 facility license shall be transferable, but an applicant may make application 38 for more than one (1) facility license so long as all of the requirements are 39 met for each license individually. Except as herein otherwise provided, the 40 following shall be considered minimum requirements for a facility license: 41 (a) That the applicant is lawfully entitled to do business within the 2 1 United States; 2 (b) That the applicant has not been refused a license for a facility, or 3 its equivalent, or had a personal or facility license revoked in Idaho or 4 in any other state; 5 (c) That the applicant has designated the name under which the facility 6 will operate and has designated a specific location for which the facility 7 license is to be issued; 8 (d) For a facility with a storage capacity of four thousand one (4,001) 9 gallons or more, tThat the applicant has at least one (1) dealer licensed 10 under this chapter who is a resident of the state of Idaho and who is, and 11 will be, responsible for the operation of the facility; 12 (e) That the applicant has filed an application and paid the required 13 filing fee; 14 (f) That the applicant's facility meets the requirements of the LPG code, 15 except as designated by the board by rule; 16 (g) All applications for facility licenses are in writing and contain the 17 name of the applicant, the address and location of the facility and a 18 description of the type of structure and equipment to be used in the oper- 19 ation of the facility, and such further information as may be required by 20 the board to ensure the safe operation of the facility, and its compliance 21 with the requirements of this chapter; 22 (h) The person responsible for the operation of a facility maintains such 23 records documenting the storage, transportation, dispensation and utiliza- 24 tion of LPG as may be required by the laws of the state of Idaho and the 25 rules adopted by the board; and 26 (i) In the event a licensed facility ceases to have a licensed dealer in 27 its employ responsible for operation of the facility, all operation 28 involving practices regulated under this chapter shall cease and written 29 notification of such fact shall be submitted immediately to the board. In 30 the event a licensed facility fails to have a licensed dealer in its 31 employ responsible for the facility within thirty (30) days of said 32 notice, the facility license shall be summarily suspended until a licensed 33 dealer is so employed. 34 (2) The board may adopt rules setting forth minimum general standards 35 covering the design, construction, location, installation and operation of 36 systems, equipment, pipes and containers for storing, handling, transporting 37 by tank truck or tank trailer, and using liquefied petroleum gases and speci- 38 fying the odorization of the gases and the degree thereof. 39 (3) The board shall adopt inspection rules regarding LPG facilities.
STATEMENT OF PURPOSE RS 15737C2 This legislation clarifies two sections of the Idaho Liquefied Petroleum Gas Public Safety Act, which was approved in 2005. The amendment to 54-5302, Idaho Code, clarifies jurisdiction of the Liquefied Petroleum Gas Safety Board as governing the setting of outdoor LPG storage tanks and the installation of outdoor LPG lines from the tank to the second stage regulator. The amendment of 54- 5308, Idaho Code, eliminates the requirement of possessing an additional license (LPG Dealer) for a small LPG dispensing facility under 4,001 gallons. FISCAL NOTE There is no fiscal impact to this legislation. Contact: Roger Hales, attorney, Idaho Liquefied Petroleum Gas Board 383-9511 Gary Van Hees, Chairman Idaho Liquefied Petroleum Gas Board 250-6798 STATEMENT OF PURPOSE/FISCAL NOTE H 645