Relating to minimum purchase requirement for customer of nonretail fuel facility; creating new provisions; amending ORS 480.345; and repealing ORS 480.360.

 
 
 
     71st OREGON LEGISLATIVE ASSEMBLY--2001 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 1478
 
                           A-Engrossed
 
                         Senate Bill 461
                  Ordered by the Senate March 9
            Including Senate Amendments dated March 9
 
Sponsored by Senator HANNON; Senators R BEYER, DERFLER, FERRIOLI,
  Representatives KNOPP, SIMMONS (at the request of Oregon
  Commercial Fueling Coalition)
 
 
                             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.
 
  Eliminates minimum purchase requirement for customer of
nonretail fuel facility. { +  Restores current law in event of
final court judgment invalidating amendments. + }
 
                        A BILL FOR AN ACT
Relating to minimum purchase requirement for customer of
  nonretail fuel facility; creating new provisions; amending ORS
  480.345; 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: - }
   { +  (2) + }(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) 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) 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) 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) 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 - }   { + Certify + } 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) 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) 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) Certify that the nonretail customer has satisfied safety
training requirements in compliance with rules of the State Fire
Marshal; and
  (e) 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 480.360 is repealed. + }
  SECTION 3. ORS 480.345, as amended by section 1 of this 2001
Act, 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: + }
    { - (2) - } (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) 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) 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) 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) 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) 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) 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) Certify that the nonretail customer has satisfied safety
training requirements in compliance with rules of the State Fire
Marshal; and
  (e) 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 4. { +  Section 5 of this 2001 Act is added to and made
a part of ORS 480.315 to 480.385. + }
  SECTION 5.  { + Any person who was a customer of a facility
that is issued a license under ORS 480.350 and was a customer on
and since June 30, 1991, and who qualifies as a nonretail
customer under the provisions of ORS 480.345, shall be exempt
from the gallonage requirements set forth in ORS 480.345 (2). + }
  SECTION 6.  { + The amendments to ORS 480.345 by section 3 of
this 2001 Act become operative 31 days after entry of a final
judgment that invalidates the amendments to ORS 480.345 by
section 1 of this 2001 Act. + }
  SECTION 7.  { + Sections 4 and 5 of this 2001 Act become
operative 31 days after entry of a final judgment that
invalidates the repeal of ORS 480.360 by section 2 of this 2001
Act. + }
                         ----------