Oklahoma 2025 Regular Session

Oklahoma House Bill HB1157 Compare Versions

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3		-	SENATE FLOOR VERSION - HB1157 SFLR Page 1
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	3	+	ENGR. H. B. NO. 1157 Page 1 1
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33	28		ENGROSSED HOUSE
34	29		BILL NO. 1157 By: Cornwell of the House
35	30
36	31		and
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38	33		Green of the Senate
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43	38		An Act relating to liquefied petroleum gas;
44	39		authorizing certain investigations; requiring
45	40		notifications of certain accidents or fires;
46	41		requiring notification be sen t within certain time
47	42		frame; amending 52 O.S. 2021, Section 420.2, which
48	43		relates to the State Liquefied Petroleum Gas
49	44		Administrator; removing certain appointed position;
50	45		amending 52 O.S. 2021, Section 420.3, which relates
51	46		to the Oklahoma Liquefied Petroleu m Gas Board;
52	47		modifying statutory references; modifying types of
53	48		meetings that can be designa ted; requiring meetings
54	49		adhere to the Oklahoma Open Meeting Act; authorizing
55	50		the lease, purchase, maintenance , and use of
56	51		vehicles; authorizing the promulgation of rules;
57	52		amending 52 O.S. 2021, Section 420.4, as amended by
58	53		Section 1, Chapter 330, O.S.L. 2022 (52 O.S. Supp.
59	54		2024, Section 420.4), which relates to registration
60	55		permits; modifying statutory references; modifying
61	56		list of permit classes; amending 52 O.S. 20 21,
62	57		Section 420.5, as amended by Section 2, Chapter 330,
63	58		O.S.L. 2022 (52 O.S. Supp. 2024, Se ction 420.5),
64	59		which relates to fees for refillable cylinders;
65	60		requiring fees be used for certain purpose; modifying
66	61		list of entities required to pay fee; removing
67	62		language regarding refunds of credit fees;
68	63		authorizing the Board to promulgate certain
69	64		administrative rules; requiring flat fee for certain
70	65		containers; defining term; authorizing Administrator
71	66		to adopt certain system; authorizing assessment of
72	67		certain penalty; amending 52 O.S. 2021, Section
73	68		420.7, which relates to inspections; modifying
74	69		reference to certain appointed position; requiring
75	70		certain law enforcement certification for certain
	71	+	positions; amending 52 O.S. 2021, Section 420.9, as
	72	+	amended by Section 3, Chapter 330, O.S.L. 2022 (52
	73	+	O.S. Supp. 2024, Section 420.9), which relates to
	74	+	specifications for commercial propane, butane, and
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	76	+	ENGR. H. B. NO. 1157 Page 2 1
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103		-	positions; amending 52 O.S. 2021, Se ction 420.9, as
104		-	amended by Section 3, Chapter 330, O.S.L. 2022 (52
105		-	O.S. Supp. 2024, Section 420.9), which relates to
106		-	specifications for commercial propane, butane, and
107	101		mixtures; removing certain requirements for filling,
108	102		using, and identifying containers; requiring certain
109	103		identifying marks on containers; requiring certain
110	104		authorizations; and providing an effective date.
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115	109		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
116	110		SECTION 1. NEW LAW A new section of law to be codified
117	111		in the Oklahoma Statutes as Section 42 0.18 of Title 52, unless there
118	112		is created a duplication in numbering, reads as follows:
119	113		The Liquefied Petroleum Gas Board shall have the right to
120	114		conduct thorough investigations of liquefied petroleum gas accidents
121	115		or fires in this state. In case of an ac cident or fire at any
122	116		location where there is a liquefied petroleum gas system o r
123	117		equipment, or in the case of any accident or fire where a liquefied
124	118		petroleum gas system or equipment is or may be involved, the
125	119		Oklahoma State Fire Marshal, the sheriff of t he county, and the
126	120		chief of the fire department or the mayor if no fire department
127	121		exists, shall notify the State Liquefied Petroleum Gas Administrator
128	122		of said accident or fire immediately at the time they become aware
129	123		of same. In no event shall this noti fication be forwarded later
130	124		than one (1) business day after knowledge of the acc ident or fire is
131	125		obtained, in order to enable an investigation to be made by the
	126	+	State Liquefied Petroleum Gas Administration before the site has
	127	+	been disturbed.
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	129	+	ENGR. H. B. NO. 1157 Page 3 1
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159		-	State Liquefied Petroleum Gas Administration before the si te has
160		-	been disturbed.
161	154		SECTION 2. AMENDATORY 52 O.S. 2021, Section 420.2, is
162	155		amended to read as follows:
163	156		Section 420.2. A. There is hereby created a State Liquefied
164	157		Petroleum Gas Administrator, to be appointed by the Governor from a
165	158		list of nominees submitted by th e Oklahoma Liquefied Petroleum Gas
166	159		Board, hereinafter created. The appointment shall be subject to
167	160		confirmation by the Senate. The Administrator shall:
168	161		1. Receive a salary to be established by the Oklahoma Liquefied
169	162		Petroleum Gas Board;
170	163		2. Act in no other official or quasi -official capacity except
171	164		as herein provided; and
172	165		3. Serve at the pleasure of the Governor.
173	166		B. The Administrator, subject to approval of the Board, shall
174	167		appoint and fix the duties and compensation of employees necessary
175	168		to perform the duties imposed upon the Oklahoma Liquefied Petroleum
176	169		Gas Board by law.
177	170		C. 1. Persons appointed to the positions of Administrator,
178	171		chief deputy administrator, deputy administrator or safety code
179	172		enforcement officer shall:
180	173		a. be citizens of the United S tates,
181	174		b. be legal residents of this state,
	175	+	c. be physically, mentally and morally capable of
	176	+	performing the duties imposed upon them pursuant to
	177	+	the Oklahoma Liquefied Petroleum Gas Regulation Act,
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183		-	SENATE FLOOR VERSION - HB1157 SFLR Page 4
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	179	+	ENGR. H. B. NO. 1157 Page 4 1
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209		-	c. be physically, mentally and morally capable of
210		-	performing the duties imposed upon them pursuant to
211		-	the Oklahoma Liquefied Petroleum Gas Regulation Act,
212	204		d. not have been convicted of a felony in this state or
213	205		any other state as established by a national criminal
214	206		history record check as def ined in Section 150.9 of
215	207		Title 74 of the Oklahoma Statutes, and
216	208		e. after the date of their appointment, not be engaged in
217	209		any business in this state related to the production,
218	210		manufacture, distribution, sale, installation or
219	211		transportation of any of the products or equipment
220	212		covered by the Oklahoma Liquefied Petroleum Gas
221	213		Regulation Act.
222	214		2. Each appointee shall, by education, training and experience,
223	215		be qualified and competent to perform the duties imposed upon them
224	216		pursuant to the Oklahoma Liquefied Petro leum Gas Regulation Act,
225	217		which for:
226	218		a. the Administrator shall include at least two (2)
227	219		years' experience in positions of managerial
228	220		responsibility or two (2) years' experience as a
229	221		liquefied petroleum gas safety code enforcement
230	222		officer,
	223	+	b. the chief deputy administrator and deputy
	224	+	administrators shall include at least one and one -half
	225	+	(1 1/2) years of such experience, and
	226	+	c. the safety code enforcement officers shall include a t
	227	+	least two (2) years' experience in actual physical
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	229	+	ENGR. H. B. NO. 1157 Page 5 1
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258		-	b. the chief deputy administrator and deputy
259		-	administrators shall include at least one and one -half
260		-	(1 1/2) years of such experience, and
261		-	c. the safety code enforcement officers shall include at
262		-	least two (2) years' experience in actual physical
263	254		installation or inspection of liquefied petroleum gas
264	255		systems, containers, apparatus or appliances, or
265	256		installations thereof, and/or the ability to enforce
266	257		the rules and regulations.
267	258		3. Before entering upon their duties, appointees shall take the
268	259		constitutional oath of office.
269	260		D. In the event of a vacancy in the office of Administrator, or
270	261		in the event of the absence or disability of the Administrator, the
271	262		chief deputy administrator is hereby empowered and authorized to
272	263		perform the duties of the Administrator during the time of suc h
273	264		vacancy, absence or disability.
274	265		SECTION 3. AMENDATORY 52 O.S. 2021, Section 420.3, is
275	266		amended to read as follows:
276	267		Section 420.3. A. There is hereb y re-created the Oklahoma
277	268		Liquefied Petroleum Gas Board, hereinafter sometimes referred to as
278	269		"LP-Gas Board" or "Board". The Board shall be composed of seven (7)
279	270		members, one each from the southeastern, northeastern, northwestern
280	271		and southwestern quarters of the state, one from central Oklahoma,
281	272		and two from the state at large. Each appointment shall be made by
	273	+	the Governor, from a list of three or more nominees who have
	274	+	certified in writing their willingness to serve, to be submitted to
	275	+	him or her by the persons, firms or corporations required to be
	276	+	registered pursuant to the provisions of Sections Section 420.1
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309		-	the Governor, from a list of three or more nominees who have
310		-	certified in writing their willingness to serve, to be submitted to
311		-	him or her by the persons, firms or corporations required to be
312		-	registered pursuant to the provisions of Sections Section 420.1
313	303		through 420.15 et seq. of this title, or by their representatives,
314	304		and shall be subject to confirmation by the Senate.
315	305		B. No person shall be app ointed as a member of the Board unless
316	306		at the time of his or her appointment he or she has been a legal
317	307		resident of the State of Oklahoma for at least five (5) years
318	308		preceding the date of his or her appointment and, except for the two
319	309		members at large, sha ll have actively engaged in the retail
320	310		distribution of liquefied petroleum gas in Oklahoma for a period of
321	311		one (1) year, or more. One of the members at large shall be engaged
322	312		in and representative of the container and appliance phases of the
323	313		LPG business in Oklahoma, and the other shall have a general
324	314		familiarity with the regulatory problems of the industry and the
325	315		consuming public. Provided, however, that the appointment of such
326	316		public member shall not be subject to the aforementioned list which
327	317		is required to be submitted to the Governor. Members shall be
328	318		eligible for reappointment for successive terms, and shall be
329	319		removable for cause by the Governor. A member shall automatically
330	320		be disqualified to hold such office in event he or she ceases to be
331	321		a legal resident of the State of Oklahoma or ceases to be actively
332	322		engaged in the LPG business in Oklahoma.
	323	+	C. Re-creation shall not alter existing membership or terms of
	324	+	office. Members shall serve until their successors in office are
	325	+	duly appointed and qua lified. Initial appointments of those members
	326	+	of the Board from the designated geographical areas of the state
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360		-	C. Re-creation shall not alter existing membership or terms of
361		-	office. Members shall serve until their successors in office are
362		-	duly appointed and qualified. Initial appointments of those members
363		-	of the Board from the designated geographical areas of the state
364	353		shall be for terms ranging from one (1) year to five (5) years, the
365	354		Governor to designate same, and the initial terms of office of the
366	355		members at large on the Board shall be for one (1) year and two (2)
367	356		years, respectively, as designated by the Governor. Thereafter, the
368	357		terms of all members shall be for four (4) years. In the event of
369	358		the death, resignation, disqualification or incapacity of one or
370	359		more members of the Board, a recess appointment for the unexpired
371	360		term of each such member may be made by the Governor as hereinabove
372	361		provided. Members of the Board shall be entitled to be reimbursed
373	362		for necessary travel expenses as provided in the St ate Travel
374	363		Reimbursement Act.
375	364		D. The Board shall organize by electing one of it s members as
376	365		chairman chair and one member as vice-chairman vice-chairperson.
377	366		The Board shall hold regular meetings. The date, time and place of
378	367		any regular meeting shall be as designated by vote of the majority
379	368		of the membership. Four members of the Board shall constitute a
380	369		quorum for all purposes. The chairman chair or vice-chairman vice-
381	370		chairperson may, upon approval of a majority of the members present
382	371		and voting at any meeting, designate the time, place and date of any
383	372		scheduled a special meeting, and the chairman chair or vice-chairman
	373	+	vice-chairperson shall have the power to call an unscheduled a
	374	+	special meeting of the Board upon not less than five (5) days'
	375	+	notice in writing to each member thereof as provided in the Oklahoma
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	377	+	ENGR. H. B. NO. 1157 Page 8 1
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411		-	vice-chairperson shall have the power to call an unscheduled a
412		-	special meeting of the Board upon not less than five (5) days'
413		-	notice in writing to each member thereof as provided in the Oklahoma
414	402		Open Meeting Act pursuant to Section 301 et seq. of Title 25 of the
415	403		Oklahoma Statutes.
416	404		E. The standards for the storage and handling of liquefied
417	405		petroleum gases adopted by the National Fire Prote ction Association
418	406		and published in Pamphlet No. 58 including current and subsequ ent
419	407		editions and any subsequent changes and/or additions to the
420	408		pamphlet, and the standards for the installation of gas appliances
421	409		and gas piping adopted by the National Fire P rotection Association
422	410		and published in Pamphlet No. 54 including the current and any
423	411		subsequent editions and any subsequent changes and/or additions to
424	412		the pamphlet shall be the accepted standards for this state. The
425	413		Board is hereby empowered and authoriz ed, and it shall be its duty
426	414		to prescribe, adopt and promulgate, in the manner s et forth in
427	415		Section 420.1 et seq. of this title, rules relating to safety in the
428	416		storage, distribution, dispensing, transporting and utilization of
429	417		LPG in this state and in the manufacture, fabrication, assembly,
430	418		sale, installation or use in this state of LPG systems, containers,
431	419		apparatus or appliances, and reasonable rules governing the issuance
432	420		of such permits and operations thereunder, and not inconsistent with
433	421		the Oklahoma Liquefied Petroleum Gas Regulation Act, as it shall
	422	+	deem just and reasonable, an d to revoke, amend or supersede such
	423	+	supplementary rules.
	424	+	F. The Administrator shall administer and enforce all rules
	425	+	formulated and adopted by the Board and administer and en force the
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461		-	deem just and reasonable, an d to revoke, amend or supersede such
462		-	supplementary rules.
463		-	F. The Administrator shall administer and enforce all rules
464		-	formulated and adopt ed by the Board and administer and enforce the
465	452		safety rules prescribed, adopted or promulgated by the Board under
466	453		and by virtue of the provisions of the Oklahoma Liquefied Petroleum
467	454		Gas Regulation Act, and incur all necessary expenditures in
468	455		effectuating the purposes of this subsection. The Administrator
469	456		shall serve as secretary to the Board, and shall be subject to
470	457		confirmation by the Senate.
471	458		G. Before any rules are revised, amended, adopted or
472	459		promulgated hereunder, the Administrator, acting on behalf of the
473	460		Board, shall give ten (10) days ' notice to all Class I and Class II
474	461		permit holders under the Oklahoma Liquefied Petroleum Gas Regulation
475	462		Act, by mailing to the permit holders a written notice, signed by
476	463		the Administrator, on behalf of the Board, containing either a
477	464		statement of the term s or substance of the intended action, a
478	465		description of the subjects and issues involved, or an accurate copy
479	466		of the new, revised or amended rules which the Board proposes to
480	467		adopt and promulgate, stating the date, time and place of a public
481	468		hearing at which oral or written objections to such proposals shall
482	469		be heard and considered. Notice shall also be given as required by
483	470		the Administrative Procedures Act. Nothing in this subsection shall
	471	+	prevent the furnishing of such other or additional notice as the
	472	+	Board shall direct.
	473	+	H. At any hearing held under this section, not less than a
	474	+	quorum of the Board shall be present and shall preside; provided,
	475	+	however, that by unanimous vote and resolution, the Board may
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511		-	prevent the furnishing of su ch other or additional notice as the
512		-	Board shall direct.
513		-	H. At any hearing held under this section, not less than a
514		-	quorum of the Board shall be present and shall preside; provided,
515		-	however, that by unanimous vote and resolution, the Board may
516	502		authorize the Administrator to preside at any or all such hearings,
517	503		and in such event no Board member need be present. After any such
518	504		hearing the Board may, by majority vote, adopt any proposed new,
519	505		revised or amended rules with such amendments and modifications
520	506		thereof as the the Board shall deem just and reasonable, and a
521	507		certificate reciting such adoption and the effective date thereof
522	508		shall be signed by the members comprising the majority of the Board.
523	509		I. The Administration may lease, purchase, and maintain motor
524	510		vehicles for use by the employees o f the Administration. The
525	511		Administrator may prescribe rules on the use of Administration -owned
526	512		vehicles as deemed necessary for employees of the Administration to
527	513		perform their duties.
528	514		SECTION 4. AMENDATORY 52 O.S. 2021, Section 420.4, as
529	515		amended by Section 1, Chapter 330, O.S.L. 2022 (52 O.S. Supp. 2024,
530	516		Section 420.4), is amended to read as follows:
531	517		Section 420.4. A. No person, firm or corporation shall
532	518		manufacture, fabricate, assemble or install in this state any
533	519		system, container, apparatus or appliance used or to be used in this
534	520		state in or for the transportation, storage, dispensing or
	521	+	utilization of LPG, nor shall any transporter, distributor or
	522	+	retailer of LPG store, dispense or transport over the highways of
	523	+	this state any LPG intended for use in this state in any such
	524	+	system, container, apparatus o r appliance, without having first
	525	+	applied for and obtained a registration permit to do so. A permit
535	526
536		-	SENATE FLOOR VERSION - HB1157 SFLR Page 11
537		-	(Bold face denotes Committee Amendments) 1
	527	+	ENGR. H. B. NO. 1157 Page 11 1
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562		-	utilization of LPG, nor shall any transporter, distributor or
563		-	retailer of LPG store, dispense or transp ort over the highways of
564		-	this state any LPG intended for use in this state in any such
565		-	system, container, apparatus o r appliance, without having first
566		-	applied for and obtained a registration permit to do so. A permit
567	552		shall not be required by any person, firm or corporation engaged in
568	553		the production or manufacture of LPG, or selling or reselling LPG to
569	554		transporters, gas processors, distributors or retailers, nor by any
570	555		person, firm or corporation selling or delivering motor vehicles or
571	556		tractors which are factory equipped with an LPG system, co ntainer,
572	557		apparatus or appliance for the utilization of LPG as motor fuel.
573	558		The provisions of this section shall not prevent an individual from
574	559		installing in his or her own single -unit residence any system,
575	560		container, apparatus or appliance which uses or wi ll utilize LPG,
576	561		provided that such individual has secured an inspection of the
577	562		installation by the Administrator or someone designated by the
578	563		Administrator or by a person duly licensed to make such an
579	564		installation prior to the use of the system, container, apparatus or
580	565		appliance. Applications for registration permits shall be in
581	566		writing, on a form provided by the Board, and shall contain such
582	567		pertinent information as is required by the Board. Upon approval of
583	568		each application and receipt of the certificat es of insurance or
584	569		securities required by the provisions of this section, the
585	570		Administrator shall issue to the applicant a permit to engage in the
	571	+	phase of the LPG industry in this state to which such permit
	572	+	applies. No permit other than the Class I Deale r Permit shall be
	573	+	transferable. The Board is authorized to establish a fee for the
	574	+	transfer of a Class I Permit. Nothing in Sections Section 420.1
	575	+	through 420.15 et seq. of this title shall be construed to regulate
586	576
587		-	SENATE FLOOR VERSION - HB1157 SFLR Page 12
588		-	(Bold face denotes Committee Amendments) 1
	577	+	ENGR. H. B. NO. 1157 Page 12 1
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612	601
613		-	phase of the LPG industry in this state to which such permit
614		-	applies. No permit other than the Class I Dealer Permit shall be
615		-	transferable. The Board is authorized to establish a fee for the
616		-	transfer of a Class I Permit. Nothing in Sections Section 420.1
617		-	through 420.15 et seq. of this title shall be construed to regulate
618	602		the manufacturing, fabrication, assembl ing, selling or installing of
619	603		any system, container, apparatus or appliance having a fuel
620	604		container with a maximum individual water capacity of less than two
621	605		and one-half (2 1/2) pounds.
622	606		B. 1. The Board is authorized to establish an annual permit
623	607		fee for the issuance of each class of permit listed in subsection C
624	608		of this section.
625	609		2. All such registration permits shall expire annually with no
626	610		permit extending longer than one (1) calendar year. The expiration
627	611		dates shall be set by the Board in the rules. The Administrator may
628	612		issue a semiannual permit to applicants engaging in the business
629	613		within six (6) months or less of the annual renewal date. A
630	614		semiannual permit shall expire on the following annual expiration
631	615		date. The fee for a semiannual permit sh all be one-half (1/2) that
632	616		of the fee of the annual permit. All registration pe rmits required
633	617		pursuant to the provisions of this section shall be renewed upon
634	618		payment of the annual fees on or before the expiration of the
635	619		registration permit, and upon fulf illing all insurance requirements.
	620	+	The Board is authorized to establish necessary penalty provisions
	621	+	required to ensure prompt payment of the annual fees.
	622	+	3. The Board is authorized to establish specifications which
	623	+	set forth the scope of authority for e ach class of permits.
636	624
637		-	SENATE FLOOR VERSION - HB1157 SFLR Page 13
638		-	(Bold face denotes Committee Amendments) 1
	625	+	ENGR. H. B. NO. 1157 Page 13 1
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662	649
663		-	The Board is authorized to establish necessary penalty provisions
664		-	required to ensure prompt payment of the annual fees.
665		-	3. The Board is authorized to establish specifications which
666		-	set forth the scope of authority for each class of permits.
667	650		4. The Board is authorized to establish an initial permit fee
668	651		for the issuance of Class I and Class II permits to any person, firm
669	652		or corporation for the first time.
670	653		C. Persons, firms and corporations required to be registered
671	654		pursuant to the provisions of Sections Section 420.1 through 420.15
672	655		et seq. of this title, at the time of issuance of each permit, shall
673	656		pay to the Administrator the initial permit fee, if applicable, and
674	657		any annual fee that is applicable to the following permi t classes:
675	658		1. Class I - Dealer Permit;
676	659		2. Class II - Truck Transporter Permit;
677	660		3. Class III - DOT Cylinder Transporter Permit;
678	661		4. Class IV - Installer Permit;
679	662		5. Class IV-D - Driver/Installer Permit;
680	663		6. Class V – Miscellaneous Permits;
681	664		7. Class VI - DOT Cylinder and/or LPG Motor Fuel Station;
682	665		7. 8. Class VI-A - LPG Dispensing Permit;
683	666		8. 9. Class VII - Cylinder Exchange Program Permit;
684	667		9. 10. Class VIII – Unodorized LPG Permit;
685	668		10. 11. Class IX - LPG Container Sales Permit;
	669	+	11. 12. Class IX-A - Manufactured Homes and Recreation Sales
	670	+	Permit; and
	671	+	12. 13. Class X - Manager's Permit.
	672	+	D. 1. Each person, firm or corporation holding a permit
	673	+	authorizing the use of an LPG bulk delivery truck or trailer shall
686	674
687		-	SENATE FLOOR VERSION - HB1157 SFLR Page 14
688		-	(Bold face denotes Committee Amendments) 1
	675	+	ENGR. H. B. NO. 1157 Page 14 1
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713		-	11. 12. Class IX-A - Manufactured Homes and Recreation Sales
714		-	Permit; and
715		-	12. 13. Class X - Manager's Permit.
716		-	D. 1. Each person, firm or corporation holding a permit
717		-	authorizing the use of an LPG bulk delivery truck or trailer shall
718	700		owe at the time of inspection an annual ins pection fee in an amount
719	701		as established by the Board for each delivery truck or trailer
720	702		belonging to the person, firm or corporation. Each person, firm or
721	703		corporation who does not hold a permit issued by the Board
722	704		authorizing the use of an LPG bulk delive ry truck or trailer in the
723	705		state shall pay an annual inspection fee in an amount as established
724	706		by the Board for each such truck or trailer belonging to the person,
725	707		firm or corporation being used to dispense or transport LPG in the
726	708		state.
727	709		2. The inspection fee shall increase to an amount established
728	710		by the Board per vehicle if the inspection is not completed within
729	711		sixty (60) days of the expiration date, or at a later date at the
730	712		discretion of the Administrator.
731	713		E. Any LPG bulk delivery truck or trailer f ailing to be
732	714		approved at its annual inspection shall be assessed a fee in an
733	715		amount as established by the Board at the time that it is
734	716		reinspected.
735	717		F. The fees provided for in this section shall be applicable to
736	718		residents and nonresidents of Oklahoma.
	719	+	G. The Board is authorized to approve or disapprove
	720	+	applications for registration permits to distributors and retailers
	721	+	of LPG and managers of LPG establishments. The Administrator is
	722	+	authorized to approve or disapprove all other applications for
737	723
738		-	SENATE FLOOR VERSION - HB1157 SFLR Page 15
739		-	(Bold face denotes Committee Amendments) 1
	724	+	ENGR. H. B. NO. 1157 Page 15 1
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764		-	G. The Board is authorized to approve or disapprove
765		-	applications for registration permits to distributors and retailers
766		-	of LPG and managers of LPG establishments. The Administrator is
767		-	authorized to approve or disapprove all other applications for
768	749		registration permits that may be issued pursuant to the provisions
769	750		of this section.
770	751		1. No application shall be approved by the Administrator unless
771	752		the Administrator is satisfied that the applicant by written
772	753		examination has shown a working knowledge of the safety requirements
773	754		provided by the rules of the Board.
774	755		2. No application shall be approved by the Board unless the
775	756		Board is satisfied by adequate written examination of the applicant,
776	757		or the individual who is or shall be directly responsible for
777	758		actively supervising the operations of such applicant which is a
778	759		partnership, firm or corporati on, that the applicant or such
779	760		individual has a working knowledge of the safety requirements
780	761		provided by the rules of the Board. The Board shall cause to be
781	762		held public hearings in the months of January, April, July and
782	763		October of each year on all applications for new registration
783	764		permits required by the provisions of this section, or upon such
784	765		other occasions as the Board may deem necessary. Notice of each
785	766		hearing shall be mailed to each such applicant and shall be posted
786	767		in a conspicuous place in the Of fice of the Administrator in
787	768		Oklahoma City, Oklahoma, at least thirty (30) days prior to the date
	769	+	of the hearing. The notice shall include the name, address, permit
	770	+	class and business location of each applicant whose application is
	771	+	to be considered at the hearing. The applicant, or the individual
	772	+	who is or shall be directly responsible for and actively supervising
788	773
789		-	SENATE FLOOR VERSION - HB1157 SFLR Page 16
790		-	(Bold face denotes Committee Amendments) 1
	774	+	ENGR. H. B. NO. 1157 Page 16 1
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815		-	of the hearing. The notice shall include the name, address, permit
816		-	class and business location of each applicant whose application is
817		-	to be considered at the hearing. The applicant, or the individual
818		-	who is or shall be directly responsible for and actively supervising
819	799		the operations of the applicant, may be present at the hearing. If,
820	800		after the public hearing, an applicant is found by the Board to have
821	801		a working knowledge of the safety requirements provided by the rules
822	802		and regulations of the Board, the Board shall cause an order to that
823	803		effect to be entered upon its records and t he application shall be
824	804		approved. In the event an applicant fails to qualify, the fact
825	805		shall be entered upon the Board's records.
826	806		3. The Board shall charge a fee, in an amount established by
827	807		the Board, for testing materials and the expense of holding the
828	808		examinations provided for in this section. The fee shall be paid
829	809		upon filing an application for any permit.
830	810		H. A registration permit shall not be issued to any applicant
831	811		unless the Administrator has received certificates of insurance or
832	812		security as required by this section.
833	813		I. Except as otherwise provided for in this section, all
834	814		persons, firms or corporations engaged in the business of
835	815		manufacturing, fabricating, assembling or installing any LPG system,
836	816		container, apparatus or appliance in this state, and required to be
837	817		registered pursuant to the provisions of Sections Section 420.1
838	818		through 420.15 et seq. of this title, shall file with the
	819	+	Administrator a certificate indicating liability insurance coverage
	820	+	for the manufacturer and contractor. The Board is authorized to
	821	+	establish coverage amounts for each class of permit, provided
	822	+	coverage shall be for an amount of not less than Twenty -five
839	823
840		-	SENATE FLOOR VERSION - HB1157 SFLR Page 17
841		-	(Bold face denotes Committee Amendments) 1
	824	+	ENGR. H. B. NO. 1157 Page 17 1
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865	848
866		-	Administrator a certificate indicating liability insurance coverage
867		-	for the manufacturer and contractor. The Board is authorized to
868		-	establish coverage amounts for each class of permit, provided
869		-	coverage shall be for an amount of not less than Twenty -five
870	849		Thousand Dollars ($25,000.00) to Fifty Thousand Dollars ($50,000.00)
871	850		for bodily injury and limits of not less than Twenty-five Thousand
872	851		Dollars ($25,000.00) for property damage, and shall be in f ull force
873	852		and effect, covering the plant, equipment and motor vehicles used in
874	853		such business, and the operations of the business.
875	854		J. Except as otherwise provided for in this s ection, all
876	855		transporters, distributors, or retailers of LPG in this state,
877	856		required to be registered pursuant to Sections Section 420.1 through
878	857		420.15 et seq. of this title, shall file with the Administrator a
879	858		certificate indicating that public liability a nd property damage
880	859		insurance coverage has been issued. The Board is authorized to
881	860		establish coverage amounts for each class of permit, provided
882	861		coverage shall be for an amount of not less than Twenty -five
883	862		Thousand Dollars ($25,000.00) to Fifty Thousand Do llars ($50,000.00)
884	863		for bodily injury and limits of not less than Twenty -five Thousand
885	864		Dollars ($25,000.00) for property damage has been issued, and is in
886	865		full force and effect, covering the plant, equipment, and motor
887	866		vehicles used in such business, and th e operations of the business.
888	867		K. Insurance pursuant to the provisions of this s ection shall
889	868		be maintained in full force and effect during the operation of the
	869	+	business for which the coverage was issued. Except as otherwise
	870	+	provided for in this section, o r in administrative rules promulgated
	871	+	by the Board, no registration permit shall be issued until the
	872	+	certificate is filed with the Administrator. No insurance coverage
890	873
891		-	SENATE FLOOR VERSION - HB1157 SFLR Page 18
892		-	(Bold face denotes Committee Amendments) 1
	874	+	ENGR. H. B. NO. 1157 Page 18 1
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916	898
917		-	business for which the coverage was issued. Except as othe rwise
918		-	provided for in this section, or in administrative rules promulgated
919		-	by the Board, no registration permit shall be issued until the
920		-	certificate is filed with the Administrator. No insurance coverage
921	899		shall be canceled or terminated without thirty (30) days days' prior
922	900		written notice of cancellation or termination to the Administrator.
923	901		L. The Board is authorized, u pon proof of or a satisfactory
924	902		showing that any person, firm or corporation is financially able to
925	903		pay or satisfy any judgment, claim or demand against the person,
926	904		firm or corporation, to waive the insurance coverage required by
927	905		this section. The Board, in lieu of the certificate, may require
928	906		the deposit, with the Administrator, of securities, or satisfactory
929	907		indemnity bond, in an amount and of a kind designated by the Board,
930	908		to secure the liability of such person, firm or corporation to pay
931	909		any judgment, claim or demand. The security shall not be in excess
932	910		of the limits set forth in this section. If the Board deems the
933	911		financial status of such person, firm or corporation to b e impaired
934	912		so as to reduce the ability of such person, firm or corporation to
935	913		make payment or to satisfy any judgment, claim or demand, the Board
936	914		may revoke the waiver and require the person, firm or corporation to
937	915		file certificates required by this sectio n within thirty (30) days
938	916		after written notice is sent by the Board to the perso n, firm or
939	917		corporation.
	918	+	SECTION 5. AMENDATORY 52 O.S. 2021, Section 420.5, as
	919	+	amended by Section 2, Chapter 330, O.S.L. 2022 (52 O.S. Supp. 2024,
	920	+	Section 420.5), is amended to read as follows:
	921	+	Section 420.5. A. The Board is authorized to establish a fee,
	922	+	to be paid to the Administrator, upon the sale, purchase, rental
940	923
941		-	SENATE FLOOR VERSION - HB1157 SFLR Page 19
942		-	(Bold face denotes Committee Amendments) 1
	924	+	ENGR. H. B. NO. 1157 Page 19 1
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966	948
967		-	SECTION 5. AMENDATORY 52 O.S. 2021, Section 420.5, as
968		-	amended by Section 2, Chapter 330, O.S.L. 2022 (52 O.S. Supp. 2024,
969		-	Section 420.5), is amended to read as follows:
970		-	Section 420.5. A. The Board is authorized to establish a fee,
971		-	to be paid to the Administrator, upon the sale, purchase, rental
972	949		and/or use in this state of liquefied petroleum gas refillable
973	950		cylinders and all oth er liquefied petroleum gas containers. The fee
974	951		shall be used to offset the cost of LP-Gas Administration
975	952		inspections, including, but not limited to, inspections of whether
976	953		cylinders were constructed in accordance with United States
977	954		Department of Transport ation specifications, and inspections of
978	955		cylinder exchange stations, more generally.
979	956		B. Each manufacturer of LP -Gas containers in Oklahoma, each
980	957		vendor of containers manufactured outside of the state, and each
981	958		person, firm or corporation placing any LPG c ontainer or cylinder in
982	959		use in this state, including, but not limited to, LPG de alers or
983	960		distributors who ship containers from any point outside of Oklahoma
984	961		to a point within Oklahoma, shall pay the applicable fee. For
985	962		vendors of containers manufactured o utside of this state, the fee or
986	963		fees shall apply and become due upon delivery to the vendors, or for
987	964		their account within the state of containers or cylinders purchased
988	965		outside of the state. In no event shall the fees herein levied be
989	966		paid or become payable on any container or cylinder sold, rented,
990	967		purchased or placed in use in thi s state prior to the effective date
	968	+	of this act, or more than once on any container or cylinder, or upon
	969	+	any container or cylinder resold, rerented, repurchased or reused in
	970	+	this state. The Administrator is authorized to refund or credit
	971	+	fees upon containers sold outside of the state upon which the fees
	972	+	have previously been paid, or any fees which have erroneously been
991	973
992		-	SENATE FLOOR VERSION - HB1157 SFLR Page 20
993		-	(Bold face denotes Committee Amendments) 1
	974	+	ENGR. H. B. NO. 1157 Page 20 1
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1018		-	of this act, or more than once on any container or cylinder, or upon
1019		-	any container or cylinder resold, rerented, repurchased or reused in
1020		-	this state. The Administrator is authorized to refund or credit
1021		-	fees upon containers sold outside of the state upon which the fees
1022		-	have previously been paid, or any fees which have erroneously been
1023	999		paid, upon written application supported by affidavit setti ng forth
1024	1000		the basis for such refund. The Administrator is authorized to adopt
1025	1001		a system of identification of containers on which the fees herein
1026	1002		levied have been paid . The Board shall promulgate administrative
1027	1003		rules establishing cylinder and container fees and otherwise
1028	1004		implementing this section .
1029	1005		C. For containers that are placed in cylinder exchange cabinets
1030	1006		for sale or rental, the cylinder and container fee shall be a flat
1031	1007		fee that is levied on an annual basis for each separate Class VII
1032	1008		permit location. For the purposes of this act, a cylinder exchange
1033	1009		cabinet is a lockable and ve ntilated metal locker or rack for the
1034	1010		storage of LPG cylinders that prevents tampering with valves and
1035	1011		pilferage into the cylinders. The Administrator is authorized to
1036	1012		adopt a system that identifies the cylinders and containers on which
1037	1013		the fees herein levied have been paid. Such a system may include
1038	1014		identification tags that are affixed to individual cylinders and
1039	1015		tanks or cylinder exchange cabinets.
1040	1016		D. No person, firm or cor poration shall use or install in this
1041	1017		state any container or cylinder upon which the applicable fee levied
	1018	+	above applies and has not been paid. In case of failure to pay any
	1019	+	invoice issued by the Board or Administration within the specified
	1020	+	time, there shall be assessed a penalty of twenty -five percent
	1021	+	(25%), which shall be added to the applicable fee thirty-five (35)
	1022	+	calendar days of the issuance thereof, there shall be assessed a
1042	1023
1043		-	SENATE FLOOR VERSION - HB1157 SFLR Page 21
1044		-	(Bold face denotes Committee Amendments) 1
	1024	+	ENGR. H. B. NO. 1157 Page 21 1
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1058	1038		15
1059	1039		16
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1064	1044		21
1065	1045		22
1066	1046		23
1067	1047		24
1068	1048
1069		-	above applies and has not been paid. In case of failure to pay any
1070		-	invoice issued by the Board or Administratio n within the specified
1071		-	time, there shall be assessed a penalty of twenty -five percent
1072		-	(25%), which shall be added to the applicable fee thirty-five (35)
1073		-	calendar days of the issuance thereof, there shall be assessed a
1074	1049		penalty of twenty-five percent (25%), which shall be added to the
1075	1050		applicable fee. The twenty-five-percent penalty shall be in
1076	1051		addition to any other penalt y provided by law, including, but not
1077	1052		limited to, the administrative penalty established pursuant to
1078	1053		Section 420.6 of this title .
1079	1054		SECTION 6. AMENDATORY 52 O.S. 2021, Section 420.7, is
1080	1055		amended to read as follows:
1081	1056		Section 420.7. A. It shall be the duty of the Administrator to
1082	1057		inspect, or to provide for the inspection of, any LPG systems,
1083	1058		containers, apparatus, or appliances installed in this state, and
1084	1059		any LPG bulk-delivery trucks or trailers used in this state,
1085	1060		whenever in the discretion of the Administrator, any deputy
1086	1061		administrator, or any safety code enforcement officer such
1087	1062		inspection is necessary to effectuate the purposes of this act. The
1088	1063		Administrator and, any deputy administrator, or safety code
1089	1064		enforcement officer are hereby severally empowered and authorized to
1090	1065		enter upon any premises where any such installation is being or has
1091	1066		been made to conduct such inspection.
	1067	+	B. The Administrator, under the direction of the Board, shall
	1068	+	require proving of metering system to determi ne the accuracy to be
	1069	+	within the manufacturer's tolerance not to exceed plus or minus one
	1070	+	percent (1%) at any time. The LPG liquid meter system shall be
	1071	+	designed and construct ed to provide for applying lead -and-wire seals
	1072	+	in such a manner that no modifications or adjustments which would
1092	1073
1093		-	SENATE FLOOR VERSION - HB1157 SFLR Page 22
1094		-	(Bold face denotes Committee Amendments) 1
	1074	+	ENGR. H. B. NO. 1157 Page 22 1
1095	1075		2
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1103	1083		10
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1114	1094		21
1115	1095		22
1116	1096		23
1117	1097		24
1118	1098
1119		-	B. The Administrator, under the direction of the Board, shall
1120		-	require proving of metering system to determi ne the accuracy to be
1121		-	within the manufacturer's tolerance not to exceed plus or minus one
1122		-	percent (1%) at any time. The LPG liquid meter s ystem shall be
1123		-	designed and constructed to provide for applying lead -and-wire seals
1124		-	in such a manner that no modifications or adjustments which would
1125	1099		affect the accuracy of deliveries, can be made without mutilating
1126	1100		the seal or seals.
1127	1101		C. Every person to whom the Board or the Administrator is sues a
1128	1102		registration permit as herein provided shall have immediate
1129	1103		possession of the permit at all times when engaged in that phase of
1130	1104		the LPG business for which the same was issued and shall display the
1131	1105		same upon demand of the Administrator, the chief deputy
1132	1106		administrator, or any deputy administrator or safety code
1133	1107		enforcement officer.
1134	1108		D. The Administrator and, the chief deputy administrator, and
1135	1109		such deputies and such safety code enforcement officers as the
1136	1110		Administrator shall by appropriate written comm ission appoint, shall
1137	1111		have all of the powers and authority of peace officers of this state
1138	1112		in making arrests for violations of this act or the safety rules
1139	1113		promulgated thereunder, or in serving any process, notice or order
1140	1114		connected with the enforcement of this act issued by the
1141	1115		Administrator. The Administrator, any deputy administrator , or
1142	1116		safety code enforcement officers shall be Council on Law Enforcement
	1117	+	Education and Training (CLEET) certified before the Administrator
	1118	+	may appoint, by appropriate writt en commission, such a person to
	1119	+	have all of the powers and authority of peace of ficers of this state
	1120	+	in making arrests for violations of this act or the safety rules
	1121	+	promulgated thereunder, or in serving any process, notice , or order
1143	1122
1144		-	SENATE FLOOR VERSION - HB1157 SFLR Page 23
1145		-	(Bold face denotes Committee Amendments) 1
	1123	+	ENGR. H. B. NO. 1157 Page 23 1
1146	1124		2
1147	1125		3
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1149	1127		5
1150	1128		6
1151	1129		7
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1153	1131		9
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1157	1135		13
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1160	1138		16
1161	1139		17
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1165	1143		21
1166	1144		22
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1168	1146		24
1169	1147
1170		-	Education and Training (CLEET) certified before the Administra tor
1171		-	may appoint, by appropriate written commission, such a person to
1172		-	have all of the powers and authority of peace of ficers of this state
1173		-	in making arrests for violations of this act or the safety rules
1174		-	promulgated thereunder, or in serving any process, no tice, or order
1175	1148		connected with the enf orcement of this act issued by the
1176	1149		Administrator.
1177	1150		E. The Administrator, the chief deputy administrator and any
1178	1151		deputy administrator or safety code enforcement officer are hereby
1179	1152		empowered and authorized to sign complaints against and to cause the
1180	1153		arrest of any person charged with a violation or violations of this
1181	1154		act or the safety ru les promulgated thereunder. In the event the
1182	1155		district attorney fails or refuses to draw or endorse any complaint
1183	1156		submitted to the district attorney and the complainant, whethe r it
1184	1157		be the Administrator, the chief deputy administrator or any deputy
1185	1158		administrator or safety code enforcement officer, desires to secure
1186	1159		prosecution of the complaint, then and in that event any court of
1187	1160		competent jurisdiction shall be authorized to issu e a warrant for
1188	1161		the arrest of the person charged in the complaint and the
1189	1162		complainant shall not be required to file with the court the bond
1190	1163		provided to be filed with and approved by the court in Sections 231
1191	1164		through 233 of Title 22 of the Oklahoma Statutes .
1192	1165		F. The Administrator and any deputy or safety code enforcement
1193	1166		officer are hereby severally empowered and authorized to condemn any
	1167	+	liquefied petroleum gas system, container, apparatus or appliance in
	1168	+	this state not manufactured, fabricated, assembled o r installed in
	1169	+	accordance with the safety rules adopted or promulgated under thi s
	1170	+	act, and shall have the authority to forbid the use of any such
1194	1171
1195		-	SENATE FLOOR VERSION - HB1157 SFLR Page 24
1196		-	(Bold face denotes Committee Amendments) 1
	1172	+	ENGR. H. B. NO. 1157 Page 24 1
1197	1173		2
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1200	1176		5
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1210	1186		15
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1216	1192		21
1217	1193		22
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1219	1195		24
1220	1196
1221		-	liquefied petroleum gas system, container, apparatus or appliance in
1222		-	this state not manufactured, fabricated, assembled or installed in
1223		-	accordance with the safety rules adopted or promulgated under thi s
1224		-	act, and shall have the authority to forbid the use of any such
1225	1197		system, container, apparatus or appliance unless and until the same
1226	1198		have been made to comply in all respects w ith such safety rules.
1227	1199		G. The Administrator is hereby empowered and authorized to
1228	1200		inspect or cause the inspection of the records of any person, firm
1229	1201		or corporation pertaining to the installation by such person, firm
1230	1202		or corporation of liquefied petroleum g as systems, containers,
1231	1203		apparatus or appliances in this state.
1232	1204		H. The Attorney General of the State of Oklahoma shall appear
1233	1205		and represent the Administrator and the Board and members thereof,
1234	1206		or any of them, in all litigation or other proceedings that may
1235	1207		arise in the discharge of duties and shall, at the request of the
1236	1208		Administrator, assist the district attorney in prosecuting charges
1237	1209		of violations of this act.
1238	1210		SECTION 7. AMENDATORY 52 O.S. 2021, Section 420.9, as
1239	1211		amended by Section 3, Chapter 330, O.S.L. 2022 (52 O.S. Supp. 2024,
1240	1212		Section 420.9), is amended to read as follows:
1241	1213		Section 420.9. A. All liquefied petroleum gases designated as
1242	1214		commercial propane, commercial butane or mixtures thereof, sold for
1243	1215		consumption in this stat e, shall, when subjected to the test methods
1244	1216		of the GPA Midstream Association, meet applicable specifications
	1217	+	adopted as tentative standards by the Association for the particular
	1218	+	product sold.
1245	1219
1246		-	SENATE FLOOR VERSION - HB1157 SFLR Page 25
1247		-	(Bold face denotes Committee Amendments) 1
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1271	1244
1272		-	adopted as tentative standards by the Association for the particular
1273		-	product sold.
1274	1245		B. All vehicles used in hauling or transporting liquefied
1275	1246		petroleum gases upon the highways of this state shall be identified
1276	1247		in such manner as the Administrator may, by rule, prescribe.
1277	1248		C. The Department of Public Safety of the State of Oklahoma
1278	1249		shall cooperate with the Administrator in the enforcement of the
1279	1250		provisions of this section, and the rules promulgated thereunder.
1280	1251		D. Transport trucks transporting liquefied petroleum gases
1281	1252		intrastate which are owned or operated by a person subject to and
1282	1253		licensed by the Oklahoma Liquefied Petroleum Gas Regulation Act
1283	1254		shall not be required to obtain or possess an intrastate motor
1284	1255		carrier or private car rier license issued by the Oklahoma
1285	1256		Corporation Commission.
1286	1257		E. Containers shall be filled or used only upon authorization
1287	1258		of the fee simple owner. The name of the fee simple owner, if other
1288	1259		than the consumer, shall be conspicuously shown on the container All
1289	1260		registered permit holders under the Oklahoma Liquefied Petroleum Gas
1290	1261		Regulation Act, set forth at Section 420.4 of this title, shall
1291	1262		conspicuously mark any containers it o wns so that the owner of any
1292	1263		given container can be easily identified. Containe rs owned by one
1293	1264		permit holder shall only be filled or used by another permit holder
1294	1265		upon authorization of the permit holder owning the container. In
	1266	+	all instances, a consumer' s authorization to fill a container shall
	1267	+	be required before filling it .
1295	1268
1296		-	SENATE FLOOR VERSION - HB1157 SFLR Page 26
1297		-	(Bold face denotes Committee Amendments) 1
	1269	+	ENGR. H. B. NO. 1157 Page 26 1
1298	1270		2
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1319	1291		23
1320	1292		24
1321	1293
1322		-	all instances, a consumer's authorization to fill a container shall
1323		-	be required before filling it .
1324	1294		F. At least one attendant shall remain close to the transfer
1325	1295		connection from the time the connections are first made until they
1326	1296		are finally disconnected, during the transfer of the p roduct.
1327	1297		During the actual transfer of liquids into containers at domestic-
1328	1298		type dwellings and installations, the attendant shall not enter into
1329	1299		any type of enclosure including , but not limited to, truck cabs,
1330	1300		dwellings and barns and shall maintain visual c ontact with the
1331	1301		liquid level gauge at all times.
1332	1302		SECTION 8. This act shall become effective November 1, 2025.
1333		-	COMMITTEE REPORT BY: COMMITTEE ON ENERGY
1334		-	April 10, 2025 - DO PASS
	1303	+	Passed the House of Representatives the 17th day of March, 2025.
	1304	+
	1305	+
	1306	+
	1307	+
	1308	+	Presiding Officer of the House
	1309	+	of Representatives
	1310	+
	1311	+
	1312	+
	1313	+	Passed the Senate the ____ day of ___________, 2025.
	1314	+
	1315	+
	1316	+
	1317	+
	1318	+	Presiding Officer of the Senate
	1319	+
	1320	+
	1321	+
	1322	+