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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 - 2006
IN 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