H. B. 3132
(By Delegates Kuhn and Beane)
[Introduced February 21, 2003; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact sections four and eleven, article one,
chapter forty-seven of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, all relating to weights
and measures generally; and requiring retail fuel dispensers
to be equipped with certain filtering system which removes
foreign particulates and water.
Be it enacted by the Legislature of West Virginia:
That sections four and eleven, article one, chapter
forty-seven of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, be amended and reenacted, all to read as
follows:
ARTICLE 1. WEIGHTS AND MEASURES.
§47-1-4. Systems of weights and measures; technical requirements
for weighing and measuring devices.
The system of weights and measures in customary use in the United States and the metric system of weights and measures are
jointly recognized, and either one or both of these systems shall
be used for all commercial purposes in the state. The definitions
of basic units of weight and measure, the tables and measure, and
weights and measures equivalents as published by the national
institute of standards and technology are recognized and shall
govern weighing and measuring equipment and transactions in the
state.
The specifications, tolerances and other technical
requirements for commercial, law enforcement, data gathering and
other weighing and measuring devices as adopted by the national
conference on weights and measures and published in national
institute of standards and technology handbook 44, "Specifications,
Tolerances, and Other Technical Requirements for Weighing and
Measuring Devices" and supplements thereto or revisions thereof,
shall apply to weighing and measuring devices in the state, except
insofar as modified or rejected by legislative rule.
Effective the first day of July, two thousand four, every
retail fuel dispenser must be equipped with a working filtering
system of a type which removes foreign particulates and water from
the fuel prior to the fuel being dispensed into a consumer vehicle
or vessel.
Each filter used in the filtering system must have a rating of
at least ten microns, and must be installed according to the dispenser manufacturer's specifications. For dispensers without a
manufacturer's specification for filtering, each filter must be
installed in the most logical location to ensure that the filter
works properly in the fuel dispensing system.
Fuel dispenser owners must inspect filters at intervals
recommended by the filter manufacturer or as necessary to ensure
that the filters are in proper working order. Any filter found to
be in need of repair or replacement shall be repaired immediately
or replaced immediately and installed as provided above.
§47-1-11. Requirements for motor fuel.
The uniform regulation for motor fuel as adopted by the
national conference on weights and measures and published in
national institute of standards and technology handbook 130,
"Uniform Laws and Regulations" and supplements thereto and
revisions thereof, shall apply to motor fuel quality in the state,
except insofar as modified or rejected by legislative rule:
Provided, That effective the first day of July, two thousand three,
water shall not exceed twenty-five millimeters (one inch) in depth
when measured with water indicating paste in any tank utilized in
the storage of biodiesel, diesel, gasoline, gasoline-ether blends
and kerosene sold at retail except as required in section 4.1 of
the "Engine Fuels, Petroleum Products and Automotive Lubricants
Regulation."
NOTE: The purpose of this bill is to require that all retail
fuel dispensers be equipped with a working filter system and to
reduce the amount of allowable water in retail fuel storage tanks
from two inches to one inch.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.