H. B. 3274
(By Delegates Kessler, Shook, Moye,
Rodighiero and Sumner)
[Introduced January 9, 2008; referred to the
Committee on the Judiciary.]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §47-10-8, relating to
making it unlawful to transfer propane gas from one holding
tank of two hundred fifty gallons or more to another such
holding tank unless the tank has been emptied by usage to less
than five percent capacity; penalties
.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §47-10-8, to read as
follows:
ARTICLE 10. LIQUID FUELS AND LUBRICATING OILS.
§47-10-8. Unlawful to transfer propane gas from one holding tank to
another holding tank.
(a) It is unlawful to transfer propane gas from one holding
tank
of two hundred fifty gallons or more
to another such holding tank, if done either at a place of business or a residence, unless
the following provisions are met:
If a customer wants to change gas suppliers before there gas
holding tank is empty they must first empty, by usage, the tank
down to five percent of the gas remanding before any such switch
can occur. The new company must help customer monitor usage until
the old supplier's tank can be changed out. The new supplier shall
have an empty tank on premises ready to fill once five percent
minimum is reached in old tank and try to deter any interruption of
service.
In cases of emergency, gas can be removed from an existing
tank by use of a pump truck equipped with the proper apparatus to
perform such task in a safe manner by a trained technician.
(b) Anyone trying to move propane gas from one tank to another
without complying with the provisions of subsection (a) shall be
fined a one thousand dollars for the first offence and five
thousand dollars for the second offence. For a third offence, the
supplier shall forfeit its license indefinitely.
NOTE: The purpose of this bill is to make it unlawful to
transfer propane gas from one holding tank of two hundred fifty
gallons or more
to another such holding tank unless the tank has
been emptied by usage to less than 5% capacity.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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