68th OREGON LEGISLATIVE ASSEMBLY--1995 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 2702

                         House Bill 2702

Sponsored by Representative MEEK


                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Eliminates requirement that nonretail customer of card lock gas
station purchase at least 2,400 gallons of fuel annually.
Changes license application and license renewal fees for
nonretail facility.

                        A BILL FOR AN ACT
Relating to Class 1 flammable liquids; amending ORS 480.345,
  480.350 and 480.355; and repealing ORS 480.360.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 480.345 is amended to read:
  480.345. Notwithstanding ORS 480.330 and 480.340, the owner,
operator or employee of a dispensing facility may permit
nonretail customers other than the owner, operator or employee to
use or manipulate at the dispensing facility a card activated or
key activated device for dispensing Class 1 flammable liquids
into the fuel tank of a motor vehicle or other container under
the following conditions:
  (1) The owner or operator shall hold a current nonretail
facility license issued by the State Fire Marshal under ORS
480.350;
    { - (2) After April 1, 1992, a nonretail customer shall
purchase at least 2,400 gallons of Class 1 flammable liquids or
diesel fuel from any source during a 12-month period or, if the
amount of such liquids or fuel purchased is less than 2,400
gallons annually, file documentation that: - }
    { - (a) The fuel qualifies as a deductible farming expense on
the customer's federal income tax return; or - }
    { - (b) The fuel was purchased by a governmental agency
providing fire, ambulance or police services; - }
    { - (3) - }  { +  (2) + } The nonretail customer shall
provide a federal employer identification number or equivalent
documentation to indicate participation in a business or
employment with a government agency or nonprofit or charitable
organization;
    { - (4) - }  { +  (3) + } The nonretail customer, other than
the owner or operator, dispensing Class 1 flammable liquids shall
be employed by a business, government agency or nonprofit or
charitable organization and shall dispense Class 1 flammable
liquids only into the fuel tank of a motor vehicle or other
container owned and used by the business, government agency or
nonprofit or charitable organization;
    { - (5) - }  { +  (4) + } The nonretail customer, other than
the owner, operator or employee, dispensing Class 1 flammable
liquids shall have satisfied safety training requirements in
compliance with rules of the State Fire Marshal; and
    { - (6) - }  { +  (5) + } The owner or operator shall enter
into a written agreement with nonretail customers permitted under
this section to dispense fuel at the nonretail facility. Except
as otherwise provided in ORS 480.355, the agreement shall at a
minimum:
    { - (a) Certify that the nonretail customer will purchase at
least 2,400 gallons of Class 1 flammable liquids or diesel fuel
from any source during a 12-month period or, if the amount of
such liquids or fuel purchased is less than 2,400 gallons
annually, file documentation that: - }
    { - (A) The fuel qualifies as a deductible farming expense on
the customer's federal income tax return; or - }
    { - (B) The fuel was purchased by a governmental agency
providing fire, ambulance or police services; - }
    { - (b) - }  { +  (a) + } Provide a federal employer
identification number or equivalent documentation to indicate
participation in a business or employment with a government
agency or nonprofit or charitable organization;
    { - (c) - }  { +  (b) + } Certify that the nonretail customer
is employed by a business, government agency or nonprofit or
charitable organization and that the nonretail customer shall
dispense Class 1 flammable liquids only into the fuel tank of a
motor vehicle or other container owned and used by the business,
government agency or nonprofit or charitable organization;
    { - (d) - }  { +  (c) + } Certify that the nonretail customer
has satisfied safety training requirements in compliance with
rules of the State Fire Marshal; and
    { - (e) - }  { +  (d) + } Require the nonretail customer to
submit a sworn statement, as defined in ORS 162.055, that the
information supplied in the agreement is true and correct.
  SECTION 2. ORS 480.350 is amended to read:
  480.350. (1) Except as provided in ORS 480.355, a nonretail
facility shall not operate without a license issued under this
section.
  (2) The State Fire Marshal shall issue a nonretail facility
license to a person if the person submits an application to the
State Fire Marshal for each nonretail facility and the
application includes:
  (a) A statement that the applicant will comply with the
requirements of ORS 480.345;
  (b) A copy of the form that will be used by the applicant as
the agreement required under ORS 480.345 between the applicant
and nonretail customers permitted to dispense fuel at the
nonretail facility;
  (c) A sworn statement, as defined in ORS 162.075, that
information supplied in the application is true and correct;
  (d) An application fee of   { - $250 - }  { +  ___ + } ; and
  (e) The application is on a form approved by the State Fire
Marshal.
  (3) The applicant for a nonretail facility license shall bear
the burden of proof that the requirements of this section and of
any rules of the State Fire Marshal adopted to implement this
section are satisfied.
  (4) In addition to any license or renewal fees, a licensee
shall pay an annual fee of $5 for each nonretail customer that
enters into a written agreement with the owner or operator of the
nonretail facility under ORS 480.345.
  (5) A license issued under this section shall be valid for a
period of one year from the date of issuance.
  (6) A license may be renewed upon payment to the State Fire
Marshal of an annual license renewal fee of   { - $250 - }  { +
___ + } .
  (7) All fees received by the State Fire Marshal pursuant to
this section shall be deposited with the State Treasurer and
shall be placed in the State Fire Marshal Fund.
  SECTION 3. ORS 480.355 is amended to read:
  480.355. (1) Notwithstanding ORS 480.345, upon application from
the owner or operator of a nonretail facility, the State Fire
Marshal may issue a conditional use license under which the
nonretail facility may permit persons who are not qualified as
nonretail customers under ORS 480.345   { - (2) to (4) - }  { +
(2) and (3) + } to dispense Class 1 flammable liquids at a
nonretail facility.
  (2) In issuing a conditional use license, the State Fire
Marshal may waive the nonretail customer requirements of ORS
480.345   { - (2) to (4) - }  { +  (2) and (3) + }, but may not
waive safety training requirements contained in ORS 480.345.
  (3) The State Fire Marshal may issue a conditional use license
under this section if the State Fire Marshal determines that:
  (a) There is no facility where Class 1 flammable liquids are
dispensed by attendants at retail within 10 miles of the
nonretail facility; and
  (b) Other undue hardship conditions exist, as may be determined
by the State Fire Marshal by rule. The State Fire Marshal shall
consider comments of local residents or local government bodies
to determine if undue hardship exists.
  (4) The provisions of ORS 480.345 and 480.350 apply to a
license application made under this section, except those
provisions whose applicability is waived by the State Fire
Marshal under this section.
  (5) The applicant for a conditional use license shall bear the
burden of proof that the requirements of this section and of any
rules of the State Fire Marshal adopted pursuant to this section
are satisfied.
  (6) The State Fire Marshal shall investigate any application
made under this section and hold at least one public hearing to
determine if the conditional use license should be issued.
  (7) Any person who makes application as provided for in this
section, and whose application is denied, shall be entitled to a
hearing upon request. The hearing shall be conducted as a
contested case hearing pursuant to the applicable provisions of
ORS 183.413 to 183.470.
  (8) Judicial review of an order made after a hearing under
subsection (7) of this section shall be as provided in ORS
183.480 to 183.497 for judicial review of contested cases.
  SECTION 4.  { + ORS 480.360 is repealed. + }
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