House of Representatives

HB 2427

liquefied petroleum gas containers

Sponsors: Representatives Poelstra, Leff, Kraft: Avelar et al

DPA	Committee on Energy, Utilities and Technology
DPA	Committee on Commerce and Economic Development
DPA	Caucus and COW
DPA	Third Read
X	As Passed the House

HB 2427 amends current statute relating to the filling and evacuation requirements for liquefied petroleum gas containers.

History

This container law would restrict the filling of an LP-gas (propane) storage tank, or container, to its owner or someone with the owner’s authorization. The container is an important part of a pressurized fuel system. If the tank is filled improperly, becomes damaged because of filler negligence or is filled with contaminated gas, an accident could occur, resulting in property damage or personal injury.

The department of Transportation and the Department of Labor both have rules in place giving owners sole authorization to fill their tanks. These authorizations are based on the fact that the tanks owner should best know the condition of the tank and that only the owner, or an agent of the owner, can be counted on to take the necessary safety precautions.

The concern and need for a state law regulating larger cylinders and tanks comes about because most of these tanks are used at residential and commercial locations for space heating, cooking, and water heating. The consumer does not usually own these containers. Most often, the LP-gas marketer retains ownership in order to oversee the safe operation of the fuel system. Without a container law anyone is free to fill a tank, without permission, which leaves the marketers liable.

Container laws have been adopted in some thirty states. Currently, there is not a statute in Arizona pertaining to liquefied petroleum gas containers. Persons in violation of current Arizona statute pertaining to gas appliances are guilty of a class two misdemeanor.

Provisions

· Provides the definition of cylinder to mean, a portable container meeting the specifications set forth by the department of transportation and not being more than a 100 pound capacity.

· Notes the definition of liquefied petroleum gas to mean any hydrocarbon or mixture of hydrocarbons mostly composed of propane, propyleme, butanes, normal butane, isobutane or butylenes.

· Stipulates that no person but the owner, or someone given permission by the owner, of the liquefied petroleum gas container shall:

· Fill or refill a gas container with liquefied petroleum gas or any other gas compound.

· Evacuate a gas container

· Deface, erase or cover up any mark or devise on a gas container.

· Maintains that this section does not apply to cylinders.

· Establishes that a person who violates this section is guilty of a petty offense.

· Clarifies the definition of cylinder to mean a portable container that has less than two hundred and thirty-nine pounds of water capacity and is capable of storing LP-gas.

· Makes technical and conforming changes.

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45th Legislature

Second Regular Session 2 April 4, 2002

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