2007 Legislation
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HOUSE BILL NO. 109 – Liquefied petroleum gas facilities


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Bill Status

H0109...........................................................by BUSINESS
LIQUEFIED PETROLEUM GAS - Amends existing law relating to the Idaho
Liquefied Petroleum Gas Public Safety Act to require a liquefied petroleum
gas facility to have a certificate issued by an insurance company
authorized to do business in Idaho as proof that a general liability policy
of a specified sum is in effect; and to revise terminology.
02/06    House intro - 1st rdg - to printing
02/07    Rpt prt - to Bus
02/22    Rpt out - rec d/p - to 2nd rdg
02/23    2nd rdg - to 3rd rdg
02/27    3rd rdg - PASSED - 64-0-6
      AYES -- Anderson, Andrus, Bayer, Bell, Bilbao, Black, Block, Bock,
      Boe, Bolz, Brackett, Bradford, Chadderdon, Chavez, Chew, Clark,
      Collins, Crane, Durst, Eskridge, Hagedorn, Hart, Harwood, Henbest,
      Henderson, Jaquet, Killen, King, Kren, Labrador, Lake, LeFavour,
      Loertscher, Luker, Marriott, Mathews, McGeachin, Mortimer, Moyle,
      Nielsen, Nonini, Pasley-Stuart, Patrick, Pence, Raybould, Ring,
      Ringo, Roberts, Ruchti, Rusche, Sayler, Schaefer, Shepherd(8),
      Shirley, Shively, Smith(30), Smith(24), Snodgrass, Thayn, Trail,
      Vander Woude, Wills, Wood(35), Mr. Speaker
      NAYS -- None
      Absent and excused -- Barrett, Bedke, Edmunson, Shepherd(2),
      Stevenson, Wood(27)
    Floor Sponsor - Patrick
    Title apvd - to Senate
02/28    Senate intro - 1st rdg - to Com/HuRes
03/14    Rpt out - rec d/p - to 2nd rdg
03/15    2nd rdg - to 3rd rdg
03/20    3rd rdg - PASSED - 33-0-2
      AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett,
      Cameron, Coiner, Corder, Darrington, Davis, Fulcher, Geddes, Goedde,
      Hammond, Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst, Little,
      Lodge, Malepeai, McGee, McKague, McKenzie, Pearce, Richardson,
      Schroeder, Siddoway, Stegner, Werk
      NAYS -- None
      Absent and excused -- Gannon, Stennett
    Floor Sponsor - Coiner
    Title apvd - to House
03/20    To enrol - Rpt enrol - Sp signed
03/21    Pres signed - To Governor
03/27    Governor signed
         Session Law Chapter 198
         Effective: 07/01/07

Bill Text

  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   First Regular Session - 2007
                              IN THE HOUSE OF REPRESENTATIVES
                                     HOUSE BILL NO. 109
                                   BY BUSINESS COMMITTEE
  1                                        AN ACT
  7    Be It Enacted by the Legislature of the State of Idaho:
  8        SECTION 1.  That Section 54-5308, Idaho Code, be, and the same  is  hereby
  9    amended to read as follows:
 10          54-5308.  FACILITY  LICENSE  --  EQUIPMENT -- INSPECTIONS. (1) The board
 11    shall issue a facility license to any person, corporation, partnership, trust,
 12    association or other legal entity to operate at specific  locations  only.  No
 13    facility  license shall be transferable, but an applicant may make application
 14    for more than one (1) facility license so long as all of the requirements  are
 15    met  for  each  license individually. Except as herein otherwise provided, the
 16    following shall be considered minimum requirements for a facility license:
 17        (a)  That the applicant is lawfully entitled to  do  business  within  the
 18        United States;
 19        (b)  That  the applicant has not been refused a license for a facility, or
 20        its equivalent, or had a personal or facility license revoked in Idaho  or
 21        in any other state;
 22        (c)  That  the  applicant has designated the name under which the facility
 23        will operate and has designated a specific location for which the facility
 24        license is to be issued;
 25        (d)  For a facility with a storage capacity of four thousand  one  (4,001)
 26        gallons  or  more, that the applicant has at least one (1) dealer licensed
 27        under this chapter who is a resident of the state of Idaho and who is, and
 28        will be, responsible for the operation of the facility;
 29        (e)  That the applicant has filed an application  and  paid  the  required
 30        filing fee;
 31        (f)  That the applicant's facility meets the requirements of the LPG code,
 32        except as designated by the board by rule;
 33        (g)  All applications for facility licenses are in writing and contain the
 34        name  of  the  applicant,  the  address and location of the facility and a
 35        description of the type of structure and equipment to be used in the oper-
 36        ation of the facility, and such further information as may be required  by
 37        the board to ensure the safe operation of the facility, and its compliance
 38        with the requirements of this chapter;
 39        (h)  The person responsible for the operation of a facility maintains such
 40        records documenting the storage, transportation, dispensation and utiliza-
 41        tion  of  LPG as may be required by the laws of the state of Idaho and the
 42        rules adopted by the board; and
 43        (i)  In the event a licensed facility ceases to have a licensed dealer  in
  1        its  employ  responsible  for  operation  of  the  facility, all operation
  2        involving practices regulated under this chapter shall cease  and  written
  3        notification  of such fact shall be submitted immediately to the board. In
  4        the event a licensed facility fails to  have  a  licensed  dealer  in  its
  5        employ  responsible  for  the  facility  within  thirty  (30) days of said
  6        notice, the facility license shall be summarily suspended until a licensed
  7        dealer is so employed; and
  8        (j)  A certificate issued by an insurance company authorized to  do  busi-
  9        ness  in  the  state of Idaho as proof that the applicant has procured and
 10        has in effect a general liability policy in the sum of not less  than  one
 11        million dollars ($1,000,000) single limit.
 12        (2)  The  board  may  adopt  rules setting forth minimum general standards
 13    covering the design, construction, location,  installation  and  operation  of
 14    systems,  equipment,  pipes and containers for storing, handling, transporting
 15    by tank truck or tank trailer, and using liquefied petroleum gases and  speci-
 16    fying the odorization of the gases and the degree thereof.
 17        (3)  The board shall adopt inspection rules regarding LPG facilities.
 18        SECTION  2.  That  Section 54-5309, Idaho Code, be, and the same is hereby
 19    amended to read as follows:
 20        54-5309.  IDAHO LIQUEFIED PETROLEUM GAS SAFETY BOARD. (1) There is  hereby
 21    established  in  the department of self-governing agencies the Idaho liquefied
 22    petroleum gas safety board and the members thereof shall be appointed  by  the
 23    governor.  In  making  appointments,  the governor shall give consideration to
 24    recommendations submitted by the rocky mountain propane association and  other
 25    such  nominations  as  may be received. If recommendations are not made within
 26    sixty (60) days of notification and request, the governor  may  make  appoint-
 27    ments of any qualified individual.
 28        (2)  The board shall consist of five (5) members, two (2) of whom shall be
 29    licensed  dealers  pursuant  to the provisions of this chapter; and one (1) of
 30    whom shall be a volunteer fireman firefighter in a rural area  of  the  state;
 31    and  one  (1)   of whom shall be a fireman firefighter employed by a city fire
 32    department in the state; and one (1) of whom shall be a representative of  the
 33    general public not employed or otherwise connected with the practices or oper-
 34    ations regulated pursuant to this chapter.
 35        (3)  The  members  of the first board shall serve for the following terms:
 36    one (1) dealer member shall serve for one (1) year; one (1) fireman firefight-
 37    er member shall serve for two (2) years; one (1) dealer member shall serve for
 38    three (3) years; and one (1) fireman firefighter member and the public  member
 39    shall  each  serve for four (4) years. Each member shall serve from the effec-
 40    tive date of appointment or until a successor is duly appointed and qualified.
 41    Upon the expiration of the term of any member of the board, the governor shall
 42    appoint the subsequent member for a term of four (4) years. No member shall be
 43    appointed for more than two (2) successive terms.
 44        (4)  The governor may remove any  member  of  the  board  for  misconduct,
 45    incompetence, neglect of duty, or for any other cause.
 46        (5)  Three  (3)  members  of  the board shall constitute a quorum, and may
 47    exercise all the power and authority conferred on the board.
 48        (6)  Within thirty (30) days of the appointment of  the  first  board  and
 49    annually  thereafter,  the members shall meet and elect from among the members
 50    by majority vote of those present a chairman who shall serve for one (1) year.
 51        (7)  The board shall meet thereafter no less than annually at  such  times
 52    and  at  such  places  as  may  be specified by the chairman or by the written
 53    request of at least two (2) members.
  1        (8)  Each member of the board shall be compensated as provided in  section
  2    59-509(h), Idaho Code.

Statement of Purpose / Fiscal Impact

                   STATEMENT OF PURPOSE

                         RS 16509

Amending section 54-5308, Idaho Code, to require that the 
licensed facility procures and has in effect a general liability 
policy of not less than one million dollars ($1,000,000); 
amending section 54-5309, Idaho Code, to change fireman to 

                       FISCAL IMPACT

There is no impact on general or dedicated funds.

Name:	Tana Cory
Agency:	Bureau of Occupational Licenses
Phone:	334-3233