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83rd OREGON LEGISLATIVE ASSEMBLY--2025 Regular Session
House Bill 3478
Sponsored by Representatives JAVADI, DIEHL, Senators STARR, NASH, WEBER; Representative OSBORNE
SUMMARY
The following summary is not prepared by the sponsors of the measure and is not a part of the body thereof subject
to consideration by the Legislative Assembly. It is an editor’s brief statement of the essential features of the
measure as introduced.The statement includes a measure digest written in compliance with applicable readability
standards.
Digest: The Act removes the need to buy a certain amount of fuel by cardlock users. The Act
says that cardlock license holders will need to renew every three years instead of every year.
(Flesch Readability Score: 69.5).
Eliminates gallonage requirements for eligibility for nonretail cardlock dispensing of motor ve-
hiclefuel.
Increases cardlock facility licensing period from one year to three years.
Takes effect on the 91st day following adjournment sine die.
A BILL FOR AN ACT
Relating to dispensing nonretail fuel; creating new provisions; amending ORS 480.341, 480.345,
480.350 and 480.355; repealing ORS 480.360; and prescribing an effective date.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 480.345 is amended to read:
480.345. The owner, operator or employee of a dispensing facility may permit nonretail custom-
ers other than the owner, operator or employee to use or manipulate at the dispensing facility a
card activated or key activated device for dispensing Class 1 flammable liquids into the fuel tank
of a motor vehicle or other container under the following conditions:
(1) The owner or operator shall hold a current nonretail facility license issued by the State Fire
Marshal under ORS 480.350;
[(2) Except as provided in ORS 480.360, a nonretail customer shall purchase at least 900 gallons
of Class 1 flammable liquids or diesel fuel from any source during a 12-month period or, if the amount
of such liquids or fuel purchased is less than 900 gallons annually, file documentation that:]
[(a) The fuel qualifies as a deductible farming expense on the customer’s federalincome tax
return;]
[(b) The fuel was purchased by a governmental agency providing fire, ambulance or police services;
or]
[(c) The fuel was purchased by:]
[(A) A people’s utility district organized under ORS chapter 261;]
[(B) A domestic water supply district organized under ORS chapter 264;]
[(C) A mass transit district organized under ORS 267.010 to 267.394;]
[(D) A metropolitan service district organized under ORS chapter 268;]
[(E) A special road district organized under ORS 371.305 to 371.360;]
[(F) A 9-1-1 communications district organized under ORS 403.300 to 403.380;]
[(G) A sanitary district organized under ORS 450.005 to 450.245;]
[(H) A sanitary authority, water authority or joint water and sanitary authority organized under
ORS 450.600 to 450.989;]
NOTE:Matter in boldfaced type in an amended section is new; matter [italic and bracketed] is existing law to be omitted.
New sections are in boldfaced type.
LC 4460 HB3478
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[(I) A rural fire protection district organized under ORS chapter 478;]
[(J) A water improvement district organized under ORS chapter 552;]
[(K) A water control district organized under ORS chapter 553; or]
[(L) A port organized under ORS chapter 777.]
[(3)] (2) The nonretail customer shall provide a federal employer identification number or
equivalent documentation to indicate participation in a business or employment with a government
agency or nonprofit or charitable organization;
[(4)] (3) The nonretail customer, other than the owner or operator, dispensing Class 1 flammable
liquids shall be employed by a business, government agency or nonprofit or charitable organization
and shall dispense Class 1 flammable liquids only into the fuel tank of a motor vehicle or other
container owned or used by the business, government agency or nonprofit or charitable organization;
[(5)] (4) The nonretail customer, other than the owner, operator or employee, dispensing Class
1 flammable liquids shall have satisfied safety training requirements in compliance with rules of the
State Fire Marshal; and
[(6)] (5) The owner or operator shall enter into a written agreement with nonretail customers
permitted under this section to dispense fuel at the nonretail facility. Except as otherwise provided
in ORS 480.355, the agreement shall at a minimum:
[(a) Certify that the nonretail customer will purchase at least 900 gallons of Class 1 flammable
liquids or diesel fuel from any source during a 12-month period or, if the amount of such liquids or fuel
purchased is less than 900 gallons annually, file documentation that:]
[(A) The fuel qualifies as a deductible farming expense on the customer’s federal income tax return;
or]
[(B) The fuel was purchased by a governmental agency providing fire, ambulance or police ser-
vices;]
[(b)] (a) Provide a federal employer identification number or equivalent documentation to indi-
cate participation in a business or employment with a government agency or nonprofit or charitable
organization;
[(c)] (b) Certify that the nonretail customer is employed by a business, government agency or
nonprofit or charitable organization and that the nonretail customer shall dispense Class 1
flammable liquids only into the fuel tank of a motor vehicle or other container owned or used by
the business, government agency or nonprofit or charitable organization;
[(d)] (c) Certify that the nonretail customer has satisfied safety training requirements in com-
pliance with rules of the State Fire Marshal; and
[(e)] (d) Require the nonretail customer to submit a sworn statement, as defined in ORS 162.055,
that the information supplied in the agreement is true and correct.
SECTION 2. ORS 480.350 is amended to read:
480.350. (1) Except as provided in ORS 480.355, a nonretail facility shall not operate without a
license issued under this section.
(2) The State Fire Marshal shall issue a nonretail facility license to a person if the person sub-
mits an application to the State Fire Marshal on a form approved by the State Fire Marshal for each
nonretail facility and the application includes:
(a) A statement that the applicant will comply with the requirements of ORS 480.345;
(b) A copy of the form that will be used by the applicant as the agreement required under ORS
480.345 between the applicant and nonretail customers permitted to dispense fuel at the nonretail
facility;
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(c) A sworn statement, as defined in ORS 162.055, that information supplied in the application
is true and correct; and
(d) An application fee of $300.
(3) The applicant for a nonretail facility license shall bear the burden of proof that the re-
quirements of this section and of any rules of the State Fire Marshal adopted to implement this
section are satisfied.
(4) In addition to any license or renewal fees, a licensee shall pay [an annual] a fee of [$10] $20
every three years for each nonretail customer that enters into a written agreement with the owner
or operator of the nonretail facility under ORS 480.345.
(5) A license issued under this section shall be valid for a period of [one year] three years from
the date of issuance.
(6) A license may be renewed upon payment to the State Fire Marshal of [an annual] a license
renewal fee of [$300] $500.
(7) All fees received by the State Fire Marshal pursuant to this section shall be deposited with
the State Treasurer and shall be placed in the State Fire Marshal Fund.
CONFORMING AMENDMENTS
SECTION 3. ORS 480.341 is amended to read:
480.341. (1) As used in this section, “rural Oregon” means Baker, Clatsop, Crook, Curry, Gilliam,
Grant, Harney, Hood River, Jefferson, Klamath, Lake, Malheur, Morrow, Sherman, Tillamook,
Umatilla, Union, Wallowa, Wasco and Wheeler Counties.
(2) Subject to subsection (3) of this section, if a filling station, service station, garage or other
dispensary where Class 1 flammable liquids are dispensed at retail is located in rural Oregon, the
owner or operator may permit a customer to use or manipulate a device for dispensing liquids into
the fuel tank of a motor vehicle or other retail container, regardless of whether an owner, operator
or employee of the dispensary is present at the dispensary.
(3) If the site of a dispensary described in subsection (2) of this section includes retail space
providing goods or services, other than goods or services for maintaining, repairing or cleaning a
motor vehicle, the dispensary shall make an owner, operator or employee available for dispensing
Class 1 flammable liquids after 6 a.m. and before 6 p.m.
(4) If a nonretail facility is located in rural Oregon, the owner or operator may, subject to ORS
480.340:
(a) Permit the dispensing of Class 1 flammable liquids at retail;
(b) Permit a person other than an owner, operator, employee or nonretail customer to use or
manipulate a device for dispensing liquids into the fuel tank of a motor vehicle or other retail con-
tainer; and
(c) Permit the use of an installed automated payment or self-service dispensing fuel device for
theliquids.
(5)(a) Sales under subsection (2) of this section do not make a filling station, service station,
garage or other dispensary where Class 1 flammable liquids are dispensed at retail subject to any
provisions of ORS 480.310 to 480.385 regulating nonretail facilities.
(b) Sales under subsection (4) of this section do not require that a nonretail facility possess a
license to dispense Class 1 flammable liquids at retail.
(c) Sales under subsection (4) of this section do not require that a nonretail facility possess a
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conditional use license issued under ORS 480.355. However, sales under subsection (4) of this section
do not prevent a nonretail facility that qualifies under ORS 480.355 from also possessing a condi-
tional use license.
[(d) Purchasing Class 1 flammable liquids under subsection (4) of this section does not make a
retail customer subject to any gallonage requirement set forth in ORS 480.345.]
[(e)] (d) Purchasing Class 1 flammable liquids under subsection (4) of this section does not make
a retail customer subject to rules of the State Fire Marshal establishing safety training require-
ments.
(6) This section does not prohibit, limit or condition any dispensing of Class 1 flammable liquids
or diesel fuel otherwise authorized under ORS 480.310 to 480.385.
(7) No later than 90 days prior to commencing sales under subsection (4) of this section, a
nonretail facility shall notify the State Fire Marshal that the facility plans to dispense Class 1
flammable liquids at retail under this section.
SECTION 4. ORS 480.355 is amended to read:
480.355. (1) Notwithstanding ORS 480.345, upon application from the owner or operator of a
nonretail facility, the State Fire Marshal may issue a conditional use license under which the
nonretail facility may permit persons who are not qualified as nonretail customers under ORS
480.345 (2) to (4) to dispense Class 1 flammable liquids at a nonretail facility.
(2) In issuing a conditional use license, the State Fire Marshal may waive the nonretail cus-
tomer requirements of ORS 480.345 [(2) to (4)] (2) and (3), but may not waive safety training re-
quirements contained in ORS 480.345.
(3) The State Fire Marshal may issue a conditional use license under this section if the State
Fire Marshal determines that:
(a) There is no facility where Class 1 flammable liquids are dispensed by attendants at retail
within seven miles of the nonretail facility, and other undue hardship conditions exist, as may be
determined by the State Fire Marshal by rule; or
(b) The nonretail facility exists on property used as a private, nonprofit golf club not open to
the general public and the private, nonprofit golf club members who are not qualified as nonretail
customers use the nonretail facility only for the fueling of vehicles that are used exclusively on the
property of the private, nonprofit golf club and are not designed for highway use.
(4) The State Fire Marshal shall consider comments of local residents or local government
bodies to determine if undue hardship exists.
(5) The provisions of ORS 480.345 and 480.350 apply to a license application made under this
section, except those provisions whose applicability is waived by the State Fire Marshal under this
section.
(6) The applicant for a conditional use license shall bear the burden of proof that the require-
ments of this section and of any rules of the State Fire Marshal adopted pursuant to this section
are satisfied.
(7) The State Fire Marshal shall investigate any application made under this section and hold
at least one public hearing to determine if the conditional use license should be issued. The State
Fire Marshal may waive the requirement for a hearing if the application for a conditional use li-
cense is made by a private, nonprofit golf club.
(8) Any person who makes application as provided for in this section, and whose application is
denied, shall be entitled to a hearing upon request. The hearing shall be conducted as a contested
case hearing pursuant to the applicable provisions of ORS 183.413 to 183.470.
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(9) Judicial review of an order made after a hearing under subsection (7) of this section shall
be as provided in ORS 183.480 to 183.497 for judicial review of contested cases.
SECTION 5. ORS 480.360 is repealed.
APPLICABILITY
SECTION 6. The amendments to ORS 480.350 by section 2 of this 2025 Act apply to li-
censes issued or renewed on or after the effective date of this 2025 Act.
CAPTIONS
SECTION 7.The unit captions used in this 2025 Act are provided only for the convenience
of the reader and do not become part of the statutory law of this state or express any leg-
islative intent in the enactment of this 2025 Act.
EFFECTIVE DATE
SECTION 8.This 2025 Act takes effect on the 91st day after the date on which the 2025
regular session of the Eighty-third Legislative Assembly adjourns sine die.
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