2006 Legislation
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HOUSE BILL NO. 645 – Liquefied petroleum gas tank/instal

HOUSE BILL NO. 645

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Bill Status



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

Bill Text


                                                                        
                                                                        
  ]]]]              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 / Fiscal Impact



                       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