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. + } ----------