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1 STATE OF OKLAHOMA
1
2 2nd Session of the 60th Legislature (2026)
2
3 SENATE BILL 1613 By: Green
3
4
4
5
5
6 AS INTRODUCED
6
7 An Act relating to liquefied petroleum gas;
7 authorizing certain investigations; requiring
8 notifications of certain accidents or fires;
8 requiring notification be sent within certain time
9 frame; amending 52 O.S. 2021, Section 420.2, which
9 relates to the State Liquefied Petroleum Gas
10 Administrator; removing certain appointed position;
10 amending 52 O.S. 2021, Section 420.3, which relates
11 to the Oklahoma Liquefied Petroleum Gas Board;
11 modifying statutory references; modifying types of
12 meetings that can be designated; requiring meetings
12 adhere to the Oklahoma Open Meeting Act; making
13 language gender neutral; amending 52 O.S. 2021,
13 Section 420.4, as amended by Section 1, Chapter 330,
14 O.S.L. 2022 (52 O.S. Supp. 2025, Section 420.4),
14 which relates to registration permits; modifying
15 statutory references; modifying list of permit
15 classes; amending 52 O.S. 2021, Section 420.5, as
16 amended by Section 2, Chapter 330, O.S.L. 2022 (52
16 O.S. Supp. 2025, Section 420.5), which relates to
17 fees for refillable cylinders; requiring fees be used
17 for certain purpose; modifying list of entities
18 required to pay fee; removing language regarding
18 refunds of credit fees; authorizing the Board to
19 promulgate certain administrative rules; requiring
19 flat fee for certain containers; defining term;
20 authorizing Administrator to adopt certain system;
20 authorizing assessment of certain penalty; amending
21 52 O.S. 2021, Section 420.7, which relates to
21 inspections; modifying reference to certain appointed
22 position; requiring certain law enforcement
22 certification for certain position; amending 52 O.S.
23 2021, Section 420.9, as amended by Section 3, Chapter
23 330, O.S.L. 2022 (52 O.S. Supp. 2025, Section 420.9),
24 which relates to specifications for commercial
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Req. No. 2998 Page 1
1 propane, butane, and mixtures; removing certain
1 requirements for filling, using, and identifying
2 containers; requiring certain identifying marks on
2 containers; requiring certain authorizations;
3 updating statutory language and references; providing
3 for codification; and providing an effective date.
4
4
5
5
6 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
6
7 SECTION 1. NEW LAW A new section of law to be codified
7
8 in the Oklahoma Statutes as Section 420.18 of Title 52, unless there
8
9 is created a duplication in numbering, reads as follows:
9
10 The Liquefied Petroleum Gas Administration shall have the right
10
11 to conduct thorough investigations of liquefied petroleum gas
11
12 accidents or fires in this state. In case of an accident or fire at
12
13 any location where there is a liquefied petroleum gas system or
13
14 equipment, or in the case of any accident or fire where a liquefied
14
15 petroleum gas system or equipment is or may be involved, the State
15
16 Fire Marshal, the sheriff of the county, and the chief of the fire
16
17 department, or the mayor if no fire department exists, shall notify
17
18 the Liquefied Petroleum Gas Administration of such accident or fire
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19 immediately at the time they become aware of same. In no event
19
20 shall this notification be forwarded later than one (1) business day
20
21 after knowledge of the accident or fire is obtained, in order to
21
22 enable an investigation to be made by the Liquefied Petroleum Gas
22
23 Administration before the site has been disturbed.
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24
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Req. No. 2998 Page 2
1 SECTION 2. AMENDATORY 52 O.S. 2021, Section 420.2, is
1
2 amended to read as follows:
2
3 Section 420.2. A. There is hereby created a State Liquefied
3
4 Petroleum Gas Administrator, to be appointed by the Governor from a
4
5 list of nominees submitted by the Oklahoma Liquefied Petroleum Gas
5
6 Board, hereinafter created. The appointment shall be subject to
6
7 confirmation by the Senate. The Administrator shall:
7
8 1. Receive a salary to be established by the Oklahoma Liquefied
8
9 Petroleum Gas Board;
9
10 2. Act in no other official or quasi-official capacity except
10
11 as herein provided; and
11
12 3. Serve at the pleasure of the Governor.
12
13 B. The Administrator, subject to approval of the Board, shall
13
14 appoint and fix the duties and compensation of employees necessary
14
15 to perform the duties imposed upon the Oklahoma Liquefied Petroleum
15
16 Gas Board by law.
16
17 C. 1. Persons appointed to the positions of Administrator,
17
18 chief deputy administrator, deputy administrator, or safety code
18
19 enforcement officer shall:
19
20 a. be citizens of the United States,
20
21 b. be legal residents of this state,
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22 c. be physically, mentally, and morally capable of
22
23 performing the duties imposed upon them pursuant to
23
24 the Oklahoma Liquefied Petroleum Gas Regulation Act,
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Req. No. 2998 Page 3
1 d. not have been convicted of a felony in this state or
1
2 any other state as established by a national criminal
2
3 history record check as defined in Section 150.9 of
3
4 Title 74 of the Oklahoma Statutes, and
4
5 e. after the date of their appointment, not be engaged in
5
6 any business in this state related to the production,
6
7 manufacture, distribution, sale, installation, or
7
8 transportation of any of the products or equipment
8
9 covered by the Oklahoma Liquefied Petroleum Gas
9
10 Regulation Act.
10
11 2. Each appointee shall, by education, training and experience,
11
12 be qualified and competent to perform the duties imposed upon them
12
13 pursuant to the Oklahoma Liquefied Petroleum Gas Regulation Act,
13
14 which for:
14
15 a. the Administrator shall include at least two (2)
15
16 years' experience in positions of managerial
16
17 responsibility or two (2) years' experience as a
17
18 liquefied petroleum gas safety code enforcement
18
19 officer,
19
20 b. the chief deputy administrator and deputy
20
21 administrators administrator shall include at least
21
22 one and one-half (1 1/2) years of such experience, and
22
23 c. the safety code enforcement officers shall include at
23
24 least two (2) years' experience in actual physical
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Req. No. 2998 Page 4
1 installation or inspection of liquefied petroleum gas
1
2 systems, containers, apparatus, or appliances, or
2
3 installations thereof, and/or the ability to enforce
3
4 the rules and regulations.
4
5 3. Before entering upon their duties, appointees shall take the
5
6 constitutional oath of office.
6
7 D. In the event of a vacancy in the office of Administrator, or
7
8 in the event of the absence or disability of the Administrator, the
8
9 chief deputy administrator is hereby empowered and authorized to
9
10 perform the duties of the Administrator during the time of such
10
11 vacancy, absence or disability.
11
12 SECTION 3. AMENDATORY 52 O.S. 2021, Section 420.3, is
12
13 amended to read as follows:
13
14 Section 420.3. A. There is hereby re-created the Oklahoma
14
15 Liquefied Petroleum Gas Board, hereinafter sometimes referred to as
15
16 "LP-Gas Board" or "Board". The Board shall be composed of seven (7)
16
17 members, one each from the southeastern, northeastern, northwestern
17
18 and southwestern quarters of the state, one from central Oklahoma,
18
19 and two from the state at large. Each appointment shall be made by
19
20 the Governor, from a list of three or more nominees who have
20
21 certified in writing their willingness to serve, to be submitted to
21
22 him or her by the persons, firms, or corporations required to be
22
23 registered pursuant to the provisions of Sections Section 420.1
23
24
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Req. No. 2998 Page 5
1 through 420.15 et seq. of this title, or by their representatives,
1
2 and shall be subject to confirmation by the Senate.
2
3 B. No person shall be appointed as a member of the Board unless
3
4 at the time of his or her appointment he or she has been a legal
4
5 resident of the State of Oklahoma for at least five (5) years
5
6 preceding the date of his or her appointment and, except for the two
6
7 members at large, shall have actively engaged in the retail
7
8 distribution of liquefied petroleum gas in Oklahoma for a period of
8
9 one (1) year, or more. One of the members at large shall be engaged
9
10 in and representative of the container and appliance phases of the
10
11 LPG business in Oklahoma, and the other shall have a general
11
12 familiarity with the regulatory problems of the industry and the
12
13 consuming public. Provided, however, that the appointment of such
13
14 public member shall not be subject to the aforementioned list which
14
15 is required to be submitted to the Governor. Members shall be
15
16 eligible for reappointment for successive terms, and shall be
16
17 removable for cause by the Governor. A member shall automatically
17
18 be disqualified to hold such office in event he or she ceases to be
18
19 a legal resident of the State of Oklahoma or ceases to be actively
19
20 engaged in the LPG business in Oklahoma.
20
21 C. Re-creation shall not alter existing membership or terms of
21
22 office. Members shall serve until their successors in office are
22
23 duly appointed and qualified. Initial appointments of those members
23
24 of the Board from the designated geographical areas of the state
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Req. No. 2998 Page 6
1 shall be for terms ranging from one (1) year to five (5) years, the
1
2 Governor to designate same, and the initial terms of office of the
2
3 members at large on the Board shall be for one (1) year and two (2)
3
4 years, respectively, as designated by the Governor. Thereafter, the
4
5 terms of all members shall be for four (4) years. In the event of
5
6 the death, resignation, disqualification or incapacity of one or
6
7 more members of the Board, a recess appointment for the unexpired
7
8 term of each such member may be made by the Governor as hereinabove
8
9 provided. Members of the Board shall be entitled to be reimbursed
9
10 for necessary travel expenses as provided in the State Travel
10
11 Reimbursement Act.
11
12 D. The Board shall organize by electing one of its members as
12
13 chairman chair and one member as vice-chairman vice-chair. The
13
14 Board shall hold regular meetings. The date, time, and place of any
14
15 regular meeting shall be as designated by vote of the majority of
15
16 the membership. Four members of the Board shall constitute a quorum
16
17 for all purposes. The chairman chair or vice-chairman vice-chair
17
18 may, upon approval of a majority of the members present and voting
18
19 at any meeting, designate the time, place, and date of any scheduled
19
20 a special meeting, and the chairman chair or vice-chairman vice-
20
21 chair shall have the power to call an unscheduled a special meeting
21
22 of the Board upon not less than five (5) days' notice in writing to
22
23 each member thereof as provided in the Oklahoma Open Meeting Act
23
24
24
Req. No. 2998 Page 7
1 pursuant to Section 301 et seq. of Title 25 of the Oklahoma
1
2 Statutes.
2
3 E. The standards for the storage and handling of liquefied
3
4 petroleum gases adopted by the National Fire Protection Association
4
5 and published in Pamphlet No. 58 including current and subsequent
5
6 editions and any subsequent changes and/or or additions to the
6
7 pamphlet, and the standards for the installation of gas appliances
7
8 and gas piping adopted by the National Fire Protection Association
8
9 and published in Pamphlet No. 54 including the current and any
9
10 subsequent editions and any subsequent changes and/or or additions
10
11 to the pamphlet shall be the accepted standards for this state. The
11
12 Board is hereby empowered and authorized, and it shall be its duty
12
13 to prescribe, adopt, and promulgate, in the manner set forth in
13
14 Section 420.1 et seq. of this title, rules relating to safety in the
14
15 storage, distribution, dispensing, transporting, and utilization of
15
16 LPG in this state and in the manufacture, fabrication, assembly,
16
17 sale, installation, or use in this state of LPG systems, containers,
17
18 apparatus, or appliances, and reasonable rules governing the
18
19 issuance of such permits and operations thereunder, and not
19
20 inconsistent with the Oklahoma Liquefied Petroleum Gas Regulation
20
21 Act, as it shall deem just and reasonable, and to revoke, amend, or
21
22 supersede such supplementary rules.
22
23 F. The Administrator shall administer and enforce all rules
23
24 formulated and adopted by the Board and administer and enforce the
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Req. No. 2998 Page 8
1 safety rules prescribed, adopted, or promulgated by the Board under
1
2 and by virtue of the provisions of the Oklahoma Liquefied Petroleum
2
3 Gas Regulation Act, and incur all necessary expenditures in
3
4 effectuating the purposes of this subsection. The Administrator
4
5 shall serve as secretary to the Board, and shall be subject to
5
6 confirmation by the Senate.
6
7 G. Before any rules are revised, amended, adopted or
7
8 promulgated hereunder, the Administrator, acting on behalf of the
8
9 Board, shall give ten (10) days' notice to all Class I and Class II
9
10 permit holders under the Oklahoma Liquefied Petroleum Gas Regulation
10
11 Act, by mailing to the permit holders a written notice, signed by
11
12 the Administrator, on behalf of the Board, containing either a
12
13 statement of the terms or substance of the intended action, a
13
14 description of the subjects and issues involved, or an accurate copy
14
15 of the new, revised or amended rules which the Board proposes to
15
16 adopt and promulgate, stating the date, time, and place of a public
16
17 hearing at which oral or written objections to such proposals shall
17
18 be heard and considered. Notice shall also be given as required by
18
19 the Administrative Procedures Act. Nothing in this subsection shall
19
20 prevent the furnishing of such other or additional notice as the
20
21 Board shall direct.
21
22 H. At any hearing held under this section, not less than a
22
23 quorum of the Board shall be present and shall preside; provided,
23
24 however, that by unanimous vote and resolution, the Board may
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Req. No. 2998 Page 9
1 authorize the Administrator to preside at any or all such hearings,
1
2 and in such event no Board member need be present. After any such
2
3 hearing the Board may, by majority vote, adopt any proposed new,
3
4 revised, or amended rules with such amendments and modifications
4
5 thereof as the the Board shall deem just and reasonable, and a
5
6 certificate reciting such adoption and the effective date thereof
6
7 shall be signed by the members comprising the majority of the Board.
7
8 SECTION 4. AMENDATORY 52 O.S. 2021, Section 420.4, as
8
9 amended by Section 1, Chapter 330, O.S.L. 2022 (52 O.S. Supp. 2025,
9
10 Section 420.4), is amended to read as follows:
10
11 Section 420.4. A. No person, firm, or corporation shall
11
12 manufacture, fabricate, assemble, or install in this state any
12
13 system, container, apparatus, or appliance used or to be used in
13
14 this state in or for the transportation, storage, dispensing, or
14
15 utilization of LPG, nor shall any transporter, distributor, or
15
16 retailer of LPG store, dispense, or transport over the highways of
16
17 this state any LPG intended for use in this state in any such
17
18 system, container, apparatus, or appliance, without having first
18
19 applied for and obtained a registration permit to do so. A permit
19
20 shall not be required by any person, firm, or corporation engaged in
20
21 the production or manufacture of LPG, or selling or reselling LPG to
21
22 transporters, gas processors, distributors, or retailers, nor by any
22
23 person, firm, or corporation selling or delivering motor vehicles or
23
24 tractors which are factory equipped with an LPG system, container,
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Req. No. 2998 Page 10
1 apparatus, or appliance for the utilization of LPG as motor fuel.
1
2 The provisions of this section shall not prevent an individual from
2
3 installing in his or her own single-unit residence any system,
3
4 container, apparatus, or appliance which uses or will utilize LPG,
4
5 provided that such individual has secured an inspection of the
5
6 installation by the Administrator or someone designated by the
6
7 Administrator or by a person duly licensed to make such an
7
8 installation prior to the use of the system, container, apparatus,
8
9 or appliance. Applications for registration permits shall be in
9
10 writing, on a form provided by the Board, and shall contain such
10
11 pertinent information as is required by the Board. Upon approval of
11
12 each application and receipt of the certificates of insurance or
12
13 securities required by the provisions of this section, the
13
14 Administrator shall issue to the applicant a permit to engage in the
14
15 phase of the LPG industry in this state to which such permit
15
16 applies. No permit other than the Class I Dealer Permit shall be
16
17 transferable. The Board is authorized to establish a fee for the
17
18 transfer of a Class I Permit. Nothing in Sections Section 420.1
18
19 through 420.15 et seq. of this title shall be construed to regulate
19
20 the manufacturing, fabrication, assembling, selling, or installing
20
21 of any system, container, apparatus, or appliance having a fuel
21
22 container with a maximum individual water capacity of less than two
22
23 and one-half (2 1/2) pounds.
23
24
24
Req. No. 2998 Page 11
1 B. 1. The Board is authorized to establish an annual permit
1
2 fee for the issuance of each class of permit listed in subsection C
2
3 of this section.
3
4 2. All such registration permits shall expire annually with no
4
5 permit extending longer than one (1) calendar year. The expiration
5
6 dates shall be set by the Board in the rules. The Administrator may
6
7 issue a semiannual permit to applicants engaging in the business
7
8 within six (6) months or less of the annual renewal date. A
8
9 semiannual permit shall expire on the following annual expiration
9
10 date. The fee for a semiannual permit shall be one-half (1/2) that
10
11 of the fee of the annual permit. All registration permits required
11
12 pursuant to the provisions of this section shall be renewed upon
12
13 payment of the annual fees on or before the expiration of the
13
14 registration permit, and upon fulfilling all insurance requirements.
14
15 The Board is authorized to establish necessary penalty provisions
15
16 required to ensure prompt payment of the annual fees.
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17 3. The Board is authorized to establish specifications which
17
18 set forth the scope of authority for each class of permits.
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19 4. The Board is authorized to establish an initial permit fee
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20 for the issuance of Class I and Class II permits to any person, firm
20
21 or corporation for the first time.
21
22 C. Persons, firms, and corporations required to be registered
22
23 pursuant to the provisions of Sections Section 420.1 through 420.15
23
24 et seq. of this title, at the time of issuance of each permit, shall
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Req. No. 2998 Page 12
1 pay to the Administrator the initial permit fee, if applicable, and
1
2 any annual fee that is applicable to the following permit classes:
2
3 1. Class I - Dealer Permit;
3
4 2. Class II - Truck Transporter Permit;
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5 3. Class III - DOT Cylinder Transporter Permit;
5
6 4. Class IV - Installer Permit;
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7 5. Class IV-D - Driver/Installer Permit;
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8 6. Class V � Food Truck Permit;
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9 7. Class VI - DOT Cylinder and/or LPG Motor Fuel Station;
9
10 7. 8. Class VI-A - LPG Dispensing Permit;
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11 8. 9. Class VII - Cylinder Exchange Program Permit;
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12 9. 10. Class VIII � Unodorized LPG Permit;
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13 10. 11. Class IX - LPG Container Sales Permit;
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14 11. 12. Class IX-A - Manufactured Homes and Recreation Sales
14
15 Permit; and
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16 12. 13. Class X - Manager's Permit.
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17 D. 1. Each person, firm, or corporation holding a permit
17
18 authorizing the use of an LPG bulk delivery truck or trailer shall
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19 owe at the time of inspection an annual inspection fee in an amount
19
20 as established by the Board for each delivery truck or trailer
20
21 belonging to the person, firm, or corporation. Each person, firm or
21
22 corporation who does not hold a permit issued by the Board
22
23 authorizing the use of an LPG bulk delivery truck or trailer in the
23
24 state shall pay an annual inspection fee in an amount as established
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Req. No. 2998 Page 13
1 by the Board for each such truck or trailer belonging to the person,
1
2 firm, or corporation being used to dispense or transport LPG in the
2
3 state.
3
4 2. The inspection fee shall increase to an amount established
4
5 by the Board per vehicle if the inspection is not completed within
5
6 sixty (60) days of the expiration date, or at a later date at the
6
7 discretion of the Administrator.
7
8 E. Any LPG bulk delivery truck or trailer failing to be
8
9 approved at its annual inspection shall be assessed a fee in an
9
10 amount as established by the Board at the time that it is
10
11 reinspected.
11
12 F. The fees provided for in this section shall be applicable to
12
13 residents and nonresidents of Oklahoma.
13
14 G. The Board is authorized to approve or disapprove
14
15 applications for registration permits to distributors and retailers
15
16 of LPG and managers of LPG establishments. The Administrator is
16
17 authorized to approve or disapprove all other applications for
17
18 registration permits that may be issued pursuant to the provisions
18
19 of this section.
19
20 1. No application shall be approved by the Administrator unless
20
21 the Administrator is satisfied that the applicant by written
21
22 examination has shown a working knowledge of the safety requirements
22
23 provided by the rules of the Board.
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24
24
Req. No. 2998 Page 14
1 2. No application shall be approved by the Board unless the
1
2 Board is satisfied by adequate written examination of the applicant,
2
3 or the individual who is or shall be directly responsible for
3
4 actively supervising the operations of such applicant which is a
4
5 partnership, firm or corporation, that the applicant or such
5
6 individual has a working knowledge of the safety requirements
6
7 provided by the rules of the Board. The Board shall cause to be
7
8 held public hearings in the months of January, April, July and
8
9 October of each year on all applications for new registration
9
10 permits required by the provisions of this section, or upon such
10
11 other occasions as the Board may deem necessary. Notice of each
11
12 hearing shall be mailed to each such applicant and shall be posted
12
13 in a conspicuous place in the Office of the Administrator in
13
14 Oklahoma City, Oklahoma, at least thirty (30) days prior to the date
14
15 of the hearing. The notice shall include the name, address, permit
15
16 class and business location of each applicant whose application is
16
17 to be considered at the hearing. The applicant, or the individual
17
18 who is or shall be directly responsible for and actively supervising
18
19 the operations of the applicant, may be present at the hearing. If,
19
20 after the public hearing, an applicant is found by the Board to have
20
21 a working knowledge of the safety requirements provided by the rules
21
22 and regulations of the Board, the Board shall cause an order to that
22
23 effect to be entered upon its records and the application shall be
23
24
24
Req. No. 2998 Page 15
1 approved. In the event an applicant fails to qualify, the fact
1
2 shall be entered upon the Board's records.
2
3 3. The Board shall charge a fee, in an amount established by
3
4 the Board, for testing materials and the expense of holding the
4
5 examinations provided for in this section. The fee shall be paid
5
6 upon filing an application for any permit.
6
7 H. A registration permit shall not be issued to any applicant
7
8 unless the Administrator has received certificates of insurance or
8
9 security as required by this section.
9
10 I. Except as otherwise provided for in this section, all
10
11 persons, firms or corporations engaged in the business of
11
12 manufacturing, fabricating, assembling, or installing any LPG
12
13 system, container, apparatus, or appliance in this state, and
13
14 required to be registered pursuant to the provisions of Sections
14
15 Section 420.1 through 420.15 et seq. of this title, shall file with
15
16 the Administrator a certificate indicating liability insurance
16
17 coverage for the manufacturer and contractor. The Board is
17
18 authorized to establish coverage amounts for each class of permit,
18
19 provided coverage shall be for an amount of not less than Twenty-
19
20 five Thousand Dollars ($25,000.00) to Fifty Thousand Dollars
20
21 ($50,000.00) for bodily injury and limits of not less than Twenty-
21
22 five Thousand Dollars ($25,000.00) for property damage, and shall be
22
23 in full force and effect, covering the plant, equipment and motor
23
24 vehicles used in such business, and the operations of the business.
24
Req. No. 2998 Page 16
1 J. Except as otherwise provided for in this section, all
1
2 transporters, distributors, or retailers of LPG in this state,
2
3 required to be registered pursuant to Sections Section 420.1 through
3
4 420.15 et seq. of this title, shall file with the Administrator a
4
5 certificate indicating that public liability and property damage
5
6 insurance coverage has been issued. The Board is authorized to
6
7 establish coverage amounts for each class of permit, provided
7
8 coverage shall be for an amount of not less than Twenty-five
8
9 Thousand Dollars ($25,000.00) to Fifty Thousand Dollars ($50,000.00)
9
10 for bodily injury and limits of not less than Twenty-five Thousand
10
11 Dollars ($25,000.00) for property damage has been issued, and is in
11
12 full force and effect, covering the plant, equipment, and motor
12
13 vehicles used in such business, and the operations of the business.
13
14 K. Insurance pursuant to the provisions of this section shall
14
15 be maintained in full force and effect during the operation of the
15
16 business for which the coverage was issued. Except as otherwise
16
17 provided for in this section, or in administrative rules promulgated
17
18 by the Board, no registration permit shall be issued until the
18
19 certificate is filed with the Administrator. No insurance coverage
19
20 shall be canceled or terminated without thirty (30) days days' prior
20
21 written notice of cancellation or termination to the Administrator.
21
22 L. The Board is authorized, upon proof of or a satisfactory
22
23 showing that any person, firm, or corporation is financially able to
23
24 pay or satisfy any judgment, claim, or demand against the person,
24
Req. No. 2998 Page 17
1 firm or corporation, to waive the insurance coverage required by
1
2 this section. The Board, in lieu of the certificate, may require
2
3 the deposit, with the Administrator, of securities, or satisfactory
3
4 indemnity bond, in an amount and of a kind designated by the Board,
4
5 to secure the liability of such person, firm, or corporation to pay
5
6 any judgment, claim, or demand. The security shall not be in excess
6
7 of the limits set forth in this section. If the Board deems the
7
8 financial status of such person, firm or corporation to be impaired
8
9 so as to reduce the ability of such person, firm or corporation to
9
10 make payment or to satisfy any judgment, claim, or demand, the Board
10
11 may revoke the waiver and require the person, firm, or corporation
11
12 to file certificates required by this section within thirty (30)
12
13 days after written notice is sent by the Board to the person, firm
13
14 or corporation.
14
15 SECTION 5. AMENDATORY 52 O.S. 2021, Section 420.5, as
15
16 amended by Section 2, Chapter 330, O.S.L. 2022 (52 O.S. Supp. 2025,
16
17 Section 420.5), is amended to read as follows:
17
18 Section 420.5. A. The Oklahoma Liquefied Petroleum Gas Board
18
19 is authorized to establish a fee, to be paid to the Administrator,
19
20 upon the sale, purchase, rental and/or, or use in this state of
20
21 liquefied petroleum gas refillable cylinders and all other liquefied
21
22 petroleum gas containers. The fee shall be used to offset the cost
22
23 of Liquefied Petroleum Gas Administration inspections, including,
23
24 but not limited to, inspections of whether cylinders were
24
Req. No. 2998 Page 18
1 constructed in accordance with United States Department of
1
2 Transportation specifications and inspections of cylinder exchange
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3 stations.
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4 B. Each manufacturer of LP-Gas LPG containers in Oklahoma this
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5 state, each vendor of containers manufactured outside of the this
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6 state, and each person, firm, or corporation placing any LPG
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7 container or cylinder in use in this state, including, but not
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8 limited to, LPG dealers or distributors who ship containers from any
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9 point outside of this state to a point within this state, shall pay
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10 the applicable fee. For vendors of containers manufactured outside
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11 of this state, the fee or fees shall apply and become due upon
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12 delivery to the vendors, or for their account within the state of
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13 containers or cylinders purchased outside of the this state. In no
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14 event shall the fees herein levied be paid or become payable on any
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15 container or cylinder sold, rented, purchased, or placed in use in
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16 this state prior to the effective date of this act, or more than
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17 once on any container or cylinder, or upon any container or cylinder
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18 resold, rerented, repurchased or reused in this state. The
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19 Administrator is authorized to refund or credit fees upon containers
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20 sold outside of the state upon which the fees have previously been
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21 paid, or any fees which have erroneously been paid, upon written
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22 application supported by affidavit setting forth the basis for such
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23 refund. The Administrator is authorized to adopt a system of
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24 identification of containers on which the fees herein levied have
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Req. No. 2998 Page 19
1 been paid June 30, 1953. The Board shall promulgate administrative
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2 rules establishing cylinder and container fees and to implement the
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3 provisions of this section.
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4 C. For containers that are placed in cylinder exchange cabinets
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5 for sale or rental, the cylinder and container fee shall be a flat
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6 fee that is levied on an annual basis for each separate Class VII
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7 permit location. For the purposes of this act, a cylinder exchange
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8 cabinet is a lockable and ventilated metal locker or rack for the
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9 storage of LPG cylinders that prevents tampering with valves and
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10 pilferage into the cylinders. The Administrator is authorized to
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11 adopt a system that identifies the cylinders and containers on which
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12 the fees levied herein have been paid. Such a system may include
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13 identification tags that are affixed to individual cylinders and
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14 tanks or cylinder exchange cabinets.
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15 D. No person, firm, or corporation shall use or install in this
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16 state any container or cylinder upon which the applicable fee levied
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17 above applies and has not been paid. In case of failure to pay any
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18 invoice issued by the Administration within the specified time,
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19 there shall be assessed a penalty of twenty-five percent (25%),
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20 which shall be added to the applicable fee thirty-five (35) calendar
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21 days of the issuance thereof, there shall be assessed a penalty of
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22 twenty-five percent (25%), which shall be added to the applicable
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23 fee. The twenty-five-percent penalty shall be in addition to any
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24 other penalty provided by law, including, but not limited to, the
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Req. No. 2998 Page 20
1 administrative penalty established pursuant to Section 420.6 of this
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2 title.
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3 SECTION 6. AMENDATORY 52 O.S. 2021, Section 420.7, is
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4 amended to read as follows:
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5 Section 420.7. A. It shall be the duty of the Administrator to
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6 inspect, or to provide for the inspection of, any LPG systems,
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7 containers, apparatus, or appliances installed in this state, and
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8 any LPG bulk-delivery trucks or trailers used in this state,
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9 whenever in the discretion of the Administrator, any deputy
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10 administrator, or any safety code enforcement officer such
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11 inspection is necessary to effectuate the purposes of this act. The
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12 Administrator and any, deputy or administrator, and any safety code
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13 enforcement officer are hereby severally empowered and authorized to
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14 enter upon any premises where any such installation is being or has
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15 been made to conduct such inspection.
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16 B. The Administrator, under the direction of the Oklahoma
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17 Liquefied Petroleum Gas Board, shall require proving of metering
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18 system to determine the accuracy to be within the manufacturer's
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19 tolerance not to exceed plus or minus one percent (1%) at any time.
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20 The LPG liquid meter system shall be designed and constructed to
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21 provide for applying lead-and-wire seals in such a manner that no
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22 modifications or adjustments which would affect the accuracy of
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23 deliveries, can be made without mutilating the seal or seals.
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1 C. Every person to whom the Board or the Administrator issues a
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2 registration permit as herein provided shall have immediate
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3 possession of the permit at all times when engaged in that phase of
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4 the LPG business for which the same was issued and shall display the
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5 same upon demand of the Administrator, the chief deputy
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6 administrator, or any deputy administrator, or any safety code
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7 enforcement officer.
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8 D. The Administrator and, the chief deputy administrator, and
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9 such deputies and such safety code enforcement officers as the
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10 Administrator shall by appropriate written commission appoint, shall
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11 have all of the powers and authority of peace officers of this state
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12 in making arrests for violations of this act or the safety rules
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13 promulgated thereunder, or in serving any process, notice or order
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14 connected with the enforcement of this act issued by the
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15 Administrator. The Administrator, deputy administrator, and safety
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16 code enforcement officers shall be certified by the Council on Law
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17 Enforcement Education and Training (CLEET) before the Administrator
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18 may appoint, by appropriate written commission, any safety code
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19 enforcement officer to have all of the powers and authority of a
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20 peace officer of this state in making arrests for violations of this
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21 act or the safety rules promulgated thereunder, or in serving any
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22 process, notice, or order connected with the enforcement of this act
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23 issued by the Administrator.
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1 E. The Administrator, the chief deputy administrator and any
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2 deputy administrator or, and any safety code enforcement officer are
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3 hereby empowered and authorized to sign complaints against and to
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4 cause the arrest of any person charged with a violation or
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5 violations of this act or the safety rules promulgated thereunder.
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6 In the event the district attorney fails or refuses to draw or
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7 endorse any complaint submitted to the district attorney and the
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8 complainant, whether it be the Administrator, the chief deputy
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9 administrator or any deputy administrator, or any safety code
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10 enforcement officer, desires to secure prosecution of the complaint,
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11 then and in that event any court of competent jurisdiction shall be
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12 authorized to issue a warrant for the arrest of the person charged
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13 in the complaint and the complainant shall not be required to file
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14 with the court the bond provided to be filed with and approved by
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15 the court in Sections 231 through 233 of Title 22 of the Oklahoma
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16 Statutes.
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17 F. The Administrator and any, deputy or administrator, and any
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18 safety code enforcement officer are hereby severally empowered and
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19 authorized to condemn any liquefied petroleum gas system, container,
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20 apparatus or appliance in this state not manufactured, fabricated,
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21 assembled or installed in accordance with the safety rules adopted
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22 or promulgated under this act, and shall have the authority to
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23 forbid the use of any such system, container, apparatus or appliance
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1 unless and until the same have been made to comply in all respects
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2 with such safety rules.
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3 G. The Administrator is hereby empowered and authorized to
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4 inspect or cause the inspection of the records of any person, firm
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5 or corporation pertaining to the installation by such person, firm
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6 or corporation of liquefied petroleum gas systems, containers,
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7 apparatus or appliances in this state.
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8 H. The Attorney General of the State of Oklahoma shall appear
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9 and represent the Administrator and the Board and members thereof,
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10 or any of them, in all litigation or other proceedings that may
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11 arise in the discharge of duties and shall, at the request of the
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12 Administrator, assist the district attorney in prosecuting charges
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13 of violations of this act.
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14 SECTION 7. AMENDATORY 52 O.S. 2021, Section 420.9, as
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15 amended by Section 3, Chapter 330, O.S.L. 2022 (52 O.S. Supp. 2025,
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16 Section 420.9), is amended to read as follows:
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17 Section 420.9. A. All liquefied petroleum gases designated as
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18 commercial propane, commercial butane or mixtures thereof, sold for
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19 consumption in this state, shall, when subjected to the test methods
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20 of the GPA Midstream Association, meet applicable specifications
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21 adopted as tentative standards by the Association for the particular
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22 product sold.
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1 B. All vehicles used in hauling or transporting liquefied
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2 petroleum gases upon the highways of this state shall be identified
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3 in such manner as the Administrator may, by rule, prescribe.
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4 C. The Department of Public Safety of the State of Oklahoma
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5 shall cooperate with the Administrator in the enforcement of the
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6 provisions of this section, and the rules promulgated thereunder.
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7 D. Transport trucks transporting liquefied petroleum gases
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8 intrastate which are owned or operated by a person subject to and
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9 licensed by the Oklahoma Liquefied Petroleum Gas Regulation Act
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10 shall not be required to obtain or possess an intrastate motor
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11 carrier or private carrier license issued by the Oklahoma
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12 Corporation Commission.
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13 E. Containers shall be filled or used only upon authorization
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14 of the fee simple owner. The name of the fee simple owner, if other
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15 than the consumer, shall be conspicuously shown on the container Any
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16 registered permit holder under the Oklahoma Liquefied Petroleum Gas
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17 Regulation Act, pursuant to Section 420.4 of this title, shall
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18 conspicuously mark any containers owned by such permit holder so
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19 that the owner of any given container can be easily identified.
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20 Containers owned by one permit holder shall only be filled or used
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21 by another permit holder upon authorization of the permit holder
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22 owning the container. In all instances, a consumer's authorization
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23 to fill a container shall be required before filling it.
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1 F. At least one attendant shall remain close to the transfer
1
2 connection from the time the connections are first made until they
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3 are finally disconnected, during the transfer of the product.
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4 During the actual transfer of liquids into containers at domestic
4
5 type dwellings and installations, the attendant shall not enter into
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6 any type of enclosure including, but not limited to, truck cabs,
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7 dwellings, and barns and shall maintain visual contact with the
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8 liquid level gauge at all times.
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9 SECTION 8. This act shall become effective November 1, 2026.
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Req. No. 2998 Page 26Every fact on this page links to its source, starting with the official bill record.