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ENGROSSED HOUSE
BILL NO. 1157 By: Cornwell of the House
and
Green of the Senate
An Act relating to liquefied petroleum gas;
authorizing certain investigations; requiring
notifications of certain accidents or fires;
requiring notification be sen t within certain time
frame; amending 52 O.S. 2021, Section 420.2, which
relates to the State Liquefied Petroleum Gas
Administrator; removing certain appointed position;
amending 52 O.S. 2021, Section 420.3, which relates
to the Oklahoma Liquefied Petroleu m Gas Board;
modifying statutory references; modifying types of
meetings that can be designa ted; requiring meetings
adhere to the Oklahoma Open Meeting Act; authorizing
the lease, purchase, maintenance , and use of
vehicles; authorizing the promulgation of rules;
amending 52 O.S. 2021, Section 420.4, as amended by
Section 1, Chapter 330, O.S.L. 2022 (52 O.S. Supp.
2024, Section 420.4), which relates to registration
permits; modifying statutory references; modifying
list of permit classes; amending 52 O.S. 20 21,
Section 420.5, as amended by Section 2, Chapter 330,
O.S.L. 2022 (52 O.S. Supp. 2024, Se ction 420.5),
which relates to fees for refillable cylinders;
requiring fees be used for certain purpose; modifying
list of entities required to pay fee; removing
language regarding refunds of credit fees;
authorizing the Board to promulgate certain
administrative rules; requiring flat fee for certain
containers; defining term; authorizing Administrator
to adopt certain system; authorizing assessment of
certain penalty; amending 52 O.S. 2021, Section
420.7, which relates to inspections; modifying
reference to certain appointed position; requiring
certain law enforcement certification for certain
positions; amending 52 O.S. 2021, Section 420.9, as
amended by Section 3, Chapter 330, O.S.L. 2022 (52
O.S. Supp. 2024, Section 420.9), which relates to
specifications for commercial propane, butane, and
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mixtures; removing certain requirements for filling,
using, and identifying containers; requiring certain
identifying marks on containers; requiring certain
authorizations; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 42 0.18 of Title 52, unless there
is created a duplication in numbering, reads as follows:
The Liquefied Petroleum Gas Board shall have the right to
conduct thorough investigations of liquefied petroleum gas accidents
or fires in this state. In case of an ac cident or fire at any
location where there is a liquefied petroleum gas system o r
equipment, or in the case of any accident or fire where a liquefied
petroleum gas system or equipment is or may be involved, the
Oklahoma State Fire Marshal, the sheriff of t he county, and the
chief of the fire department or the mayor if no fire department
exists, shall notify the State Liquefied Petroleum Gas Administrator
of said accident or fire immediately at the time they become aware
of same. In no event shall this noti fication be forwarded later
than one (1) business day after knowledge of the acc ident or fire is
obtained, in order to enable an investigation to be made by the
State Liquefied Petroleum Gas Administration before the site has
been disturbed.
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SECTION 2. AMENDATORY 52 O.S. 2021, Section 420.2, is
amended to read as follows:
Section 420.2. A. There is hereby created a State Liquefied
Petroleum Gas Administrator, to be appointed by the Governor from a
list of nominees submitted by th e Oklahoma Liquefied Petroleum Gas
Board, hereinafter created. The appointment shall be subject to
confirmation by the Senate. The Administrator shall:
1. Receive a salary to be established by the Oklahoma Liquefied
Petroleum Gas Board;
2. Act in no other official or quasi -official capacity except
as herein provided; and
3. Serve at the pleasure of the Governor.
B. The Administrator, subject to approval of the Board, shall
appoint and fix the duties and compensation of employees necessary
to perform the duties imposed upon the Oklahoma Liquefied Petroleum
Gas Board by law.
C. 1. Persons appointed to the positions of Administrator,
chief deputy administrator, deputy administrator or safety code
enforcement officer shall:
a. be citizens of the United S tates,
b. be legal residents of this state,
c. be physically, mentally and morally capable of
performing the duties imposed upon them pursuant to
the Oklahoma Liquefied Petroleum Gas Regulation Act,
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d. not have been convicted of a felony in this state or
any other state as established by a national criminal
history record check as def ined in Section 150.9 of
Title 74 of the Oklahoma Statutes, and
e. after the date of their appointment, not be engaged in
any business in this state related to the production,
manufacture, distribution, sale, installation or
transportation of any of the products or equipment
covered by the Oklahoma Liquefied Petroleum Gas
Regulation Act.
2. Each appointee shall, by education, training and experience,
be qualified and competent to perform the duties imposed upon them
pursuant to the Oklahoma Liquefied Petro leum Gas Regulation Act,
which for:
a. the Administrator shall include at least two (2)
years' experience in positions of managerial
responsibility or two (2) years' experience as a
liquefied petroleum gas safety code enforcement
officer,
b. the chief deputy administrator and deputy
administrators shall include at least one and one -half
(1 1/2) years of such experience, and
c. the safety code enforcement officers shall include a t
least two (2) years' experience in actual physical
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installation or inspection of liquefied petroleum gas
systems, containers, apparatus or appliances, or
installations thereof, and/or the ability to enforce
the rules and regulations.
3. Before entering upon their duties, appointees shall take the
constitutional oath of office.
D. In the event of a vacancy in the office of Administrator, or
in the event of the absence or disability of the Administrator, the
chief deputy administrator is hereby empowered and authorized to
perform the duties of the Administrator during the time of suc h
vacancy, absence or disability.
SECTION 3. AMENDATORY 52 O.S. 2021, Section 420.3, is
amended to read as follows:
Section 420.3. A. There is hereb y re-created the Oklahoma
Liquefied Petroleum Gas Board, hereinafter sometimes referred to as
"LP-Gas Board" or "Board". The Board shall be composed of seven (7)
members, one each from the southeastern, northeastern, northwestern
and southwestern quarters of the state, one from central Oklahoma,
and two from the state at large. Each appointment shall be made by
the Governor, from a list of three or more nominees who have
certified in writing their willingness to serve, to be submitted to
him or her by the persons, firms or corporations required to be
registered pursuant to the provisions of Sections Section 420.1
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through 420.15 et seq. of this title, or by their representatives,
and shall be subject to confirmation by the Senate.
B. No person shall be app ointed as a member of the Board unless
at the time of his or her appointment he or she has been a legal
resident of the State of Oklahoma for at least five (5) years
preceding the date of his or her appointment and, except for the two
members at large, sha ll have actively engaged in the retail
distribution of liquefied petroleum gas in Oklahoma for a period of
one (1) year, or more. One of the members at large shall be engaged
in and representative of the container and appliance phases of the
LPG business in Oklahoma, and the other shall have a general
familiarity with the regulatory problems of the industry and the
consuming public. Provided, however, that the appointment of such
public member shall not be subject to the aforementioned list which
is required to be submitted to the Governor. Members shall be
eligible for reappointment for successive terms, and shall be
removable for cause by the Governor. A member shall automatically
be disqualified to hold such office in event he or she ceases to be
a legal resident of the State of Oklahoma or ceases to be actively
engaged in the LPG business in Oklahoma.
C. Re-creation shall not alter existing membership or terms of
office. Members shall serve until their successors in office are
duly appointed and qua lified. Initial appointments of those members
of the Board from the designated geographical areas of the state
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shall be for terms ranging from one (1) year to five (5) years, the
Governor to designate same, and the initial terms of office of the
members at large on the Board shall be for one (1) year and two (2)
years, respectively, as designated by the Governor. Thereafter, the
terms of all members shall be for four (4) years. In the event of
the death, resignation, disqualification or incapacity of one or
more members of the Board, a recess appointment for the unexpired
term of each such member may be made by the Governor as hereinabove
provided. Members of the Board shall be entitled to be reimbursed
for necessary travel expenses as provided in the St ate Travel
Reimbursement Act.
D. The Board shall organize by electing one of it s members as
chairman chair and one member as vice-chairman vice-chairperson.
The Board shall hold regular meetings. The date, time and place of
any regular meeting shall be as designated by vote of the majority
of the membership. Four members of the Board shall constitute a
quorum for all purposes. The chairman chair or vice-chairman vice-
chairperson may, upon approval of a majority of the members present
and voting at any meeting, designate the time, place and date of any
scheduled a special meeting, and the chairman chair or vice-chairman
vice-chairperson shall have the power to call an unscheduled a
special meeting of the Board upon not less than five (5) days'
notice in writing to each member thereof as provided in the Oklahoma
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Open Meeting Act pursuant to Section 301 et seq. of Title 25 of the
Oklahoma Statutes.
E. The standards for the storage and handling of liquefied
petroleum gases adopted by the National Fire Prote ction Association
and published in Pamphlet No. 58 including current and subsequ ent
editions and any subsequent changes and/or additions to the
pamphlet, and the standards for the installation of gas appliances
and gas piping adopted by the National Fire P rotection Association
and published in Pamphlet No. 54 including the current and any
subsequent editions and any subsequent changes and/or additions to
the pamphlet shall be the accepted standards for this state. The
Board is hereby empowered and authoriz ed, and it shall be its duty
to prescribe, adopt and promulgate, in the manner s et forth in
Section 420.1 et seq. of this title, rules relating to safety in the
storage, distribution, dispensing, transporting and utilization of
LPG in this state and in the manufacture, fabrication, assembly,
sale, installation or use in this state of LPG systems, containers,
apparatus or appliances, and reasonable rules governing the issuance
of such permits and operations thereunder, and not inconsistent with
the Oklahoma Liquefied Petroleum Gas Regulation Act, as it shall
deem just and reasonable, an d to revoke, amend or supersede such
supplementary rules.
F. The Administrator shall administer and enforce all rules
formulated and adopted by the Board and administer and en force the
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safety rules prescribed, adopted or promulgated by the Board under
and by virtue of the provisions of the Oklahoma Liquefied Petroleum
Gas Regulation Act, and incur all necessary expenditures in
effectuating the purposes of this subsection. The Administrator
shall serve as secretary to the Board, and shall be subject to
confirmation by the Senate.
G. Before any rules are revised, amended, adopted or
promulgated hereunder, the Administrator, acting on behalf of the
Board, shall give ten (10) days ' notice to all Class I and Class II
permit holders under the Oklahoma Liquefied Petroleum Gas Regulation
Act, by mailing to the permit holders a written notice, signed by
the Administrator, on behalf of the Board, containing either a
statement of the term s or substance of the intended action, a
description of the subjects and issues involved, or an accurate copy
of the new, revised or amended rules which the Board proposes to
adopt and promulgate, stating the date, time and place of a public
hearing at which oral or written objections to such proposals shall
be heard and considered. Notice shall also be given as required by
the Administrative Procedures Act. Nothing in this subsection shall
prevent the furnishing of such other or additional notice as the
Board shall direct.
H. At any hearing held under this section, not less than a
quorum of the Board shall be present and shall preside; provided,
however, that by unanimous vote and resolution, the Board may
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authorize the Administrator to preside at any or all such hearings,
and in such event no Board member need be present. After any such
hearing the Board may, by majority vote, adopt any proposed new,
revised or amended rules with such amendments and modifications
thereof as the the Board shall deem just and reasonable, and a
certificate reciting such adoption and the effective date thereof
shall be signed by the members comprising the majority of the Board.
I. The Administration may lease, purchase, and maintain motor
vehicles for use by the employees o f the Administration. The
Administrator may prescribe rules on the use of Administration -owned
vehicles as deemed necessary for employees of the Administration to
perform their duties.
SECTION 4. AMENDATORY 52 O.S. 2021, Section 420.4, as
amended by Section 1, Chapter 330, O.S.L. 2022 (52 O.S. Supp. 2024,
Section 420.4), is amended to read as follows:
Section 420.4. A. No person, firm or corporation shall
manufacture, fabricate, assemble or install in this state any
system, container, apparatus or appliance used or to be used in this
state in or for the transportation, storage, dispensing or
utilization of LPG, nor shall any transporter, distributor or
retailer of LPG store, dispense or transport over the highways of
this state any LPG intended for use in this state in any such
system, container, apparatus o r appliance, without having first
applied for and obtained a registration permit to do so. A permit
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shall not be required by any person, firm or corporation engaged in
the production or manufacture of LPG, or selling or reselling LPG to
transporters, gas processors, distributors or retailers, nor by any
person, firm or corporation selling or delivering motor vehicles or
tractors which are factory equipped with an LPG system, co ntainer,
apparatus or appliance for the utilization of LPG as motor fuel.
The provisions of this section shall not prevent an individual from
installing in his or her own single -unit residence any system,
container, apparatus or appliance which uses or wi ll utilize LPG,
provided that such individual has secured an inspection of the
installation by the Administrator or someone designated by the
Administrator or by a person duly licensed to make such an
installation prior to the use of the system, container, apparatus or
appliance. Applications for registration permits shall be in
writing, on a form provided by the Board, and shall contain such
pertinent information as is required by the Board. Upon approval of
each application and receipt of the certificat es of insurance or
securities required by the provisions of this section, the
Administrator shall issue to the applicant a permit to engage in the
phase of the LPG industry in this state to which such permit
applies. No permit other than the Class I Deale r Permit shall be
transferable. The Board is authorized to establish a fee for the
transfer of a Class I Permit. Nothing in Sections Section 420.1
through 420.15 et seq. of this title shall be construed to regulate
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the manufacturing, fabrication, assembl ing, selling or installing of
any system, container, apparatus or appliance having a fuel
container with a maximum individual water capacity of less than two
and one-half (2 1/2) pounds.
B. 1. The Board is authorized to establish an annual permit
fee for the issuance of each class of permit listed in subsection C
of this section.
2. All such registration permits shall expire annually with no
permit extending longer than one (1) calendar year. The expiration
dates shall be set by the Board in the rules. The Administrator may
issue a semiannual permit to applicants engaging in the business
within six (6) months or less of the annual renewal date. A
semiannual permit shall expire on the following annual expiration
date. The fee for a semiannual permit sh all be one-half (1/2) that
of the fee of the annual permit. All registration pe rmits required
pursuant to the provisions of this section shall be renewed upon
payment of the annual fees on or before the expiration of the
registration permit, and upon fulf illing all insurance requirements.
The Board is authorized to establish necessary penalty provisions
required to ensure prompt payment of the annual fees.
3. The Board is authorized to establish specifications which
set forth the scope of authority for e ach class of permits.
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4. The Board is authorized to establish an initial permit fee
for the issuance of Class I and Class II permits to any person, firm
or corporation for the first time.
C. Persons, firms and corporations required to be registered
pursuant to the provisions of Sections Section 420.1 through 420.15
et seq. of this title, at the time of issuance of each permit, shall
pay to the Administrator the initial permit fee, if applicable, and
any annual fee that is applicable to the following permi t classes:
1. Class I - Dealer Permit;
2. Class II - Truck Transporter Permit;
3. Class III - DOT Cylinder Transporter Permit;
4. Class IV - Installer Permit;
5. Class IV-D - Driver/Installer Permit;
6. Class V – Miscellaneous Permits;
7. Class VI - DOT Cylinder and/or LPG Motor Fuel Station;
7. 8. Class VI-A - LPG Dispensing Permit;
8. 9. Class VII - Cylinder Exchange Program Permit;
9. 10. Class VIII – Unodorized LPG Permit;
10. 11. Class IX - LPG Container Sales Permit;
11. 12. Class IX-A - Manufactured Homes and Recreation Sales
Permit; and
12. 13. Class X - Manager's Permit.
D. 1. Each person, firm or corporation holding a permit
authorizing the use of an LPG bulk delivery truck or trailer shall
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owe at the time of inspection an annual ins pection fee in an amount
as established by the Board for each delivery truck or trailer
belonging to the person, firm or corporation. Each person, firm or
corporation who does not hold a permit issued by the Board
authorizing the use of an LPG bulk delive ry truck or trailer in the
state shall pay an annual inspection fee in an amount as established
by the Board for each such truck or trailer belonging to the person,
firm or corporation being used to dispense or transport LPG in the
state.
2. The inspection fee shall increase to an amount established
by the Board per vehicle if the inspection is not completed within
sixty (60) days of the expiration date, or at a later date at the
discretion of the Administrator.
E. Any LPG bulk delivery truck or trailer f ailing to be
approved at its annual inspection shall be assessed a fee in an
amount as established by the Board at the time that it is
reinspected.
F. The fees provided for in this section shall be applicable to
residents and nonresidents of Oklahoma.
G. The Board is authorized to approve or disapprove
applications for registration permits to distributors and retailers
of LPG and managers of LPG establishments. The Administrator is
authorized to approve or disapprove all other applications for
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registration permits that may be issued pursuant to the provisions
of this section.
1. No application shall be approved by the Administrator unless
the Administrator is satisfied that the applicant by written
examination has shown a working knowledge of the safety requirements
provided by the rules of the Board.
2. No application shall be approved by the Board unless the
Board is satisfied by adequate written examination of the applicant,
or the individual who is or shall be directly responsible for
actively supervising the operations of such applicant which is a
partnership, firm or corporati on, that the applicant or such
individual has a working knowledge of the safety requirements
provided by the rules of the Board. The Board shall cause to be
held public hearings in the months of January, April, July and
October of each year on all applications for new registration
permits required by the provisions of this section, or upon such
other occasions as the Board may deem necessary. Notice of each
hearing shall be mailed to each such applicant and shall be posted
in a conspicuous place in the Of fice of the Administrator in
Oklahoma City, Oklahoma, at least thirty (30) days prior to the date
of the hearing. The notice shall include the name, address, permit
class and business location of each applicant whose application is
to be considered at the hearing. The applicant, or the individual
who is or shall be directly responsible for and actively supervising
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the operations of the applicant, may be present at the hearing. If,
after the public hearing, an applicant is found by the Board to have
a working knowledge of the safety requirements provided by the rules
and regulations of the Board, the Board shall cause an order to that
effect to be entered upon its records and t he application shall be
approved. In the event an applicant fails to qualify, the fact
shall be entered upon the Board's records.
3. The Board shall charge a fee, in an amount established by
the Board, for testing materials and the expense of holding the
examinations provided for in this section. The fee shall be paid
upon filing an application for any permit.
H. A registration permit shall not be issued to any applicant
unless the Administrator has received certificates of insurance or
security as required by this section.
I. Except as otherwise provided for in this section, all
persons, firms or corporations engaged in the business of
manufacturing, fabricating, assembling or installing any LPG system,
container, apparatus or appliance in this state, and required to be
registered pursuant to the provisions of Sections Section 420.1
through 420.15 et seq. of this title, shall file with the
Administrator a certificate indicating liability insurance coverage
for the manufacturer and contractor. The Board is authorized to
establish coverage amounts for each class of permit, provided
coverage shall be for an amount of not less than Twenty -five
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Thousand Dollars ($25,000.00) to Fifty Thousand Dollars ($50,000.00)
for bodily injury and limits of not less than Twenty-five Thousand
Dollars ($25,000.00) for property damage, and shall be in f ull force
and effect, covering the plant, equipment and motor vehicles used in
such business, and the operations of the business.
J. Except as otherwise provided for in this s ection, all
transporters, distributors, or retailers of LPG in this state,
required to be registered pursuant to Sections Section 420.1 through
420.15 et seq. of this title, shall file with the Administrator a
certificate indicating that public liability a nd property damage
insurance coverage has been issued. The Board is authorized to
establish coverage amounts for each class of permit, provided
coverage shall be for an amount of not less than Twenty -five
Thousand Dollars ($25,000.00) to Fifty Thousand Do llars ($50,000.00)
for bodily injury and limits of not less than Twenty -five Thousand
Dollars ($25,000.00) for property damage has been issued, and is in
full force and effect, covering the plant, equipment, and motor
vehicles used in such business, and th e operations of the business.
K. Insurance pursuant to the provisions of this s ection shall
be maintained in full force and effect during the operation of the
business for which the coverage was issued. Except as otherwise
provided for in this section, o r in administrative rules promulgated
by the Board, no registration permit shall be issued until the
certificate is filed with the Administrator. No insurance coverage
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shall be canceled or terminated without thirty (30) days days' prior
written notice of cancellation or termination to the Administrator.
L. The Board is authorized, u pon proof of or a satisfactory
showing that any person, firm or corporation is financially able to
pay or satisfy any judgment, claim or demand against the person,
firm or corporation, to waive the insurance coverage required by
this section. The Board, in lieu of the certificate, may require
the deposit, with the Administrator, of securities, or satisfactory
indemnity bond, in an amount and of a kind designated by the Board,
to secure the liability of such person, firm or corporation to pay
any judgment, claim or demand. The security shall not be in excess
of the limits set forth in this section. If the Board deems the
financial status of such person, firm or corporation to b e impaired
so as to reduce the ability of such person, firm or corporation to
make payment or to satisfy any judgment, claim or demand, the Board
may revoke the waiver and require the person, firm or corporation to
file certificates required by this sectio n within thirty (30) days
after written notice is sent by the Board to the perso n, firm or
corporation.
SECTION 5. AMENDATORY 52 O.S. 2021, Section 420.5, as
amended by Section 2, Chapter 330, O.S.L. 2022 (52 O.S. Supp. 2024,
Section 420.5), is amended to read as follows:
Section 420.5. A. The Board is authorized to establish a fee,
to be paid to the Administrator, upon the sale, purchase, rental
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and/or use in this state of liquefied petroleum gas refillable
cylinders and all oth er liquefied petroleum gas containers. The fee
shall be used to offset the cost of LP-Gas Administration
inspections, including, but not limited to, inspections of whether
cylinders were constructed in accordance with United States
Department of Transport ation specifications, and inspections of
cylinder exchange stations, more generally.
B. Each manufacturer of LP -Gas containers in Oklahoma, each
vendor of containers manufactured outside of the state, and each
person, firm or corporation placing any LPG c ontainer or cylinder in
use in this state, including, but not limited to, LPG de alers or
distributors who ship containers from any point outside of Oklahoma
to a point within Oklahoma, shall pay the applicable fee. For
vendors of containers manufactured o utside of this state, the fee or
fees shall apply and become due upon delivery to the vendors, or for
their account within the state of containers or cylinders purchased
outside of the state. In no event shall the fees herein levied be
paid or become payable on any container or cylinder sold, rented,
purchased or placed in use in thi s state prior to the effective date
of this act, or more than once on any container or cylinder, or upon
any container or cylinder resold, rerented, repurchased or reused in
this state. The Administrator is authorized to refund or credit
fees upon containers sold outside of the state upon which the fees
have previously been paid, or any fees which have erroneously been
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paid, upon written application supported by affidavit setti ng forth
the basis for such refund. The Administrator is authorized to adopt
a system of identification of containers on which the fees herein
levied have been paid . The Board shall promulgate administrative
rules establishing cylinder and container fees and otherwise
implementing this section .
C. For containers that are placed in cylinder exchange cabinets
for sale or rental, the cylinder and container fee shall be a flat
fee that is levied on an annual basis for each separate Class VII
permit location. For the purposes of this act, a cylinder exchange
cabinet is a lockable and ve ntilated metal locker or rack for the
storage of LPG cylinders that prevents tampering with valves and
pilferage into the cylinders. The Administrator is authorized to
adopt a system that identifies the cylinders and containers on which
the fees herein levied have been paid. Such a system may include
identification tags that are affixed to individual cylinders and
tanks or cylinder exchange cabinets.
D. No person, firm or cor poration shall use or install in this
state any container or cylinder upon which the applicable fee levied
above applies and has not been paid. In case of failure to pay any
invoice issued by the Board or Administration within the specified
time, there shall be assessed a penalty of twenty -five percent
(25%), which shall be added to the applicable fee thirty-five (35)
calendar days of the issuance thereof, there shall be assessed a
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penalty of twenty-five percent (25%), which shall be added to the
applicable fee. The twenty-five-percent penalty shall be in
addition to any other penalt y provided by law, including, but not
limited to, the administrative penalty established pursuant to
Section 420.6 of this title .
SECTION 6. AMENDATORY 52 O.S. 2021, Section 420.7, is
amended to read as follows:
Section 420.7. A. It shall be the duty of the Administrator to
inspect, or to provide for the inspection of, any LPG systems,
containers, apparatus, or appliances installed in this state, and
any LPG bulk-delivery trucks or trailers used in this state,
whenever in the discretion of the Administrator, any deputy
administrator, or any safety code enforcement officer such
inspection is necessary to effectuate the purposes of this act. The
Administrator and, any deputy administrator, or safety code
enforcement officer are hereby severally empowered and authorized to
enter upon any premises where any such installation is being or has
been made to conduct such inspection.
B. The Administrator, under the direction of the Board, shall
require proving of metering system to determi ne the accuracy to be
within the manufacturer's tolerance not to exceed plus or minus one
percent (1%) at any time. The LPG liquid meter system shall be
designed and construct ed to provide for applying lead -and-wire seals
in such a manner that no modifications or adjustments which would
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affect the accuracy of deliveries, can be made without mutilating
the seal or seals.
C. Every person to whom the Board or the Administrator is sues a
registration permit as herein provided shall have immediate
possession of the permit at all times when engaged in that phase of
the LPG business for which the same was issued and shall display the
same upon demand of the Administrator, the chief deputy
administrator, or any deputy administrator or safety code
enforcement officer.
D. The Administrator and, the chief deputy administrator, and
such deputies and such safety code enforcement officers as the
Administrator shall by appropriate written comm ission appoint, shall
have all of the powers and authority of peace officers of this state
in making arrests for violations of this act or the safety rules
promulgated thereunder, or in serving any process, notice or order
connected with the enforcement of this act issued by the
Administrator. The Administrator, any deputy administrator , or
safety code enforcement officers shall be Council on Law Enforcement
Education and Training (CLEET) certified before the Administrator
may appoint, by appropriate writt en commission, such a person to
have all of the powers and authority of peace of ficers of this state
in making arrests for violations of this act or the safety rules
promulgated thereunder, or in serving any process, notice , or order
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connected with the enf orcement of this act issued by the
Administrator.
E. The Administrator, the chief deputy administrator and any
deputy administrator or safety code enforcement officer are hereby
empowered and authorized to sign complaints against and to cause the
arrest of any person charged with a violation or violations of this
act or the safety ru les promulgated thereunder. In the event the
district attorney fails or refuses to draw or endorse any complaint
submitted to the district attorney and the complainant, whethe r it
be the Administrator, the chief deputy administrator or any deputy
administrator or safety code enforcement officer, desires to secure
prosecution of the complaint, then and in that event any court of
competent jurisdiction shall be authorized to issu e a warrant for
the arrest of the person charged in the complaint and the
complainant shall not be required to file with the court the bond
provided to be filed with and approved by the court in Sections 231
through 233 of Title 22 of the Oklahoma Statutes .
F. The Administrator and any deputy or safety code enforcement
officer are hereby severally empowered and authorized to condemn any
liquefied petroleum gas system, container, apparatus or appliance in
this state not manufactured, fabricated, assembled o r installed in
accordance with the safety rules adopted or promulgated under thi s
act, and shall have the authority to forbid the use of any such
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system, container, apparatus or appliance unless and until the same
have been made to comply in all respects w ith such safety rules.
G. The Administrator is hereby empowered and authorized to
inspect or cause the inspection of the records of any person, firm
or corporation pertaining to the installation by such person, firm
or corporation of liquefied petroleum g as systems, containers,
apparatus or appliances in this state.
H. The Attorney General of the State of Oklahoma shall appear
and represent the Administrator and the Board and members thereof,
or any of them, in all litigation or other proceedings that may
arise in the discharge of duties and shall, at the request of the
Administrator, assist the district attorney in prosecuting charges
of violations of this act.
SECTION 7. AMENDATORY 52 O.S. 2021, Section 420.9, as
amended by Section 3, Chapter 330, O.S.L. 2022 (52 O.S. Supp. 2024,
Section 420.9), is amended to read as follows:
Section 420.9. A. All liquefied petroleum gases designated as
commercial propane, commercial butane or mixtures thereof, sold for
consumption in this stat e, shall, when subjected to the test methods
of the GPA Midstream Association, meet applicable specifications
adopted as tentative standards by the Association for the particular
product sold.
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B. All vehicles used in hauling or transporting liquefied
petroleum gases upon the highways of this state shall be identified
in such manner as the Administrator may, by rule, prescribe.
C. The Department of Public Safety of the State of Oklahoma
shall cooperate with the Administrator in the enforcement of the
provisions of this section, and the rules promulgated thereunder.
D. Transport trucks transporting liquefied petroleum gases
intrastate which are owned or operated by a person subject to and
licensed by the Oklahoma Liquefied Petroleum Gas Regulation Act
shall not be required to obtain or possess an intrastate motor
carrier or private car rier license issued by the Oklahoma
Corporation Commission.
E. Containers shall be filled or used only upon authorization
of the fee simple owner. The name of the fee simple owner, if other
than the consumer, shall be conspicuously shown on the container All
registered permit holders under the Oklahoma Liquefied Petroleum Gas
Regulation Act, set forth at Section 420.4 of this title, shall
conspicuously mark any containers it o wns so that the owner of any
given container can be easily identified. Containe rs owned by one
permit holder shall only be filled or used by another permit holder
upon authorization of the permit holder owning the container. In
all instances, a consumer' s authorization to fill a container shall
be required before filling it .
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F. At least one attendant shall remain close to the transfer
connection from the time the connections are first made until they
are finally disconnected, during the transfer of the p roduct.
During the actual transfer of liquids into containers at domestic-
type dwellings and installations, the attendant shall not enter into
any type of enclosure including , but not limited to, truck cabs,
dwellings and barns and shall maintain visual c ontact with the
liquid level gauge at all times.
SECTION 8. This act shall become effective November 1, 2025.
Passed the House of Representatives the 17th day of March, 2025.
Presiding Officer of the House
of Representatives
Passed the Senate the ____ day of ___________, 2025.
Presiding Officer of the Senate