House Bill 1540

AN ACT TO PROVIDE THAT LIQUEFIED PETROLEUM GAS OR COMPRESSED GAS CONTAINERS THAT WERE PURCHASED BEFORE JULY 1, 2011, ARE EXEMPT FROM CERTAIN LABELING REQUIREMENTS; TO AMEND SECTIONS 75-57-9, 75-57-35 AND 75-57-105, MISSISSIPPI CODE OF 1972, IN CONFORMITY THERETO; TO BRING FORWARD SECTION 75-57-37, MISSISSIPPI CODE OF 1972, FOR PURPOSES OF POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. A liquefied petroleum gas or compressed gas container that was purchased before July 1, 2011, is exempt from any provision of this chapter, or any rule or regulation promulgated thereunder, which may require the container to be marked, labeled or otherwise designated in such a manner as to identify its manufacturer, or the dealer or supplier from whom the container was purchased. A dealer or supplier may sell, install, fill, refill or deliver such a container, regardless of whether the container was purchased from that dealer or supplier, provided that such actions are authorized by the owner of the container.

SECTION 2. Section 75-57-9, Mississippi Code of 1972, is amended as follows:

75-57-9. Except as otherwise provided in Section 1 of this act, the codes of the American Society of Mechanical Engineers - Boiler and Pressure Vessel Code - Section II Material Specifications; Section VIII Pressure Vessels; and Section IX Welding and Brazing Qualifications; American Petroleum Institute Standard 620 (American Petroleum Institute Recommended Rules for the Design and Construction of Large Welded Low-pressure Storage Tanks); Standards of the National Fuel Gas Code as published by the National Fire Protection Association, NFPA-54; the Standards for the Storage and Handling of Liquefied Petroleum Gas as published by the National Fire Protection Association, NFPA-58; and other National Fire Protection Association standards applicable to liquefied petroleum gas and compressed gas; and the safety requirements for the storage and handling of anhydrous ammonia as published by the American National Standards Institute, Inc.; as the codes and standards referred to herein as revised, and standards referred to above are hereby adopted by reference as specifications for the purpose of material standards, construction, handling, transportation and installation of all liquefied compressed gas systems and inspection and operation of pressure vessels. Copies of all codes and standards referred to in the foregoing are available for public use and inspection at the office of the Commissioner of Insurance. The State Liquefied Compressed Gas Board is fully authorized and empowered in the exercise of its authority granted under this section to change, delete from or amend from time to time the national code and standards adopted by reference in this section. Any changes, deletions or amendments made to the national codes and codes adopted by reference in this section shall be made in strict compliance with the Mississippi Administrative Procedures Law, Chapter 43, Title 25, Mississippi Code of 1972, and with the approval of the Commissioner of Insurance. Except as otherwise provided in Section 1 of this act, the State Liquefied Compressed Gas Board is fully authorized and empowered in the exercise of the authority granted under this section to exempt or grant deviations from the national code and standards adopted by reference in this section with respect to reconditioned or remanufactured railroad tank car pressure vessels designed for and used as stationary storage tanks for agricultural fertilizers.

SECTION 3. Section 75-57-35, Mississippi Code of 1972, is amended as follows:

75-57-35. Except as otherwise provided in Section 1 of this act, wherein sections of this chapter do not exceed those requirements of the current published regulations of the National Fire Protection Association applicable to liquefied petroleum gas, the laws and regulations of the State Liquefied Compressed Gas Board shall be followed.

When amendments are made to the liquefied petroleum gas regulations of the National Fire Protection Association, such amendments may be adopted, provided they do not conflict with other sections of this chapter. Should a conflict occur between the National Fire Protection Association regulations or any regulations referred to in this chapter and the liquefied petroleum gas regulations of the State Liquefied Compressed Gas Board, then the State Liquefied Compressed Gas Board's regulation shall govern. The inspection and approval of the inspectors in accordance with this chapter shall be in addition to approvals and listings of Underwriters Laboratories, Inc., American Gas Association or other national testing laboratories. Provided further, that all compressed gas containers covered by this chapter shall be approved by the inspectors provided for herein.

SECTION 4. Section 75-57-37, Mississippi Code of 1972, is brought forward as follows:

75-57-37. All containers and pertinent equipment owned or in use by the government of the United States of America are exempt from the provisions of this chapter. Liquefied petroleum gas containers using liquefied petroleum gas as a fuel to propel recreational vehicles, automobiles, trucks and other vehicles, or used as a source of fuel to produce light, heat, power, refrigeration of air conditioning on mobile homes, recreational vehicles, campers, etc., that are in interstate travel, and designed, fabricated, tested and marked in accordance with the regulations of the United States Department of Transportation (DOT) or the United States Interstate Commerce Commission (ICC) and all cylinders with a water capacity of less than two hundred fifty (250) pounds, when used for other than motor fuel purposes in this state, are exempt from inspection.

SECTION 5. Section 75-57-105, Mississippi Code of 1972, is amended as follows:

75-57-105. (1) The board shall promulgate and enforce regulations necessary for the administration of this chapter, and also setting forth the minimum general safety standards for the design, construction, location, installation and operation of equipment for storing, handling, transporting by tank truck or tank trailer and utilizing liquefied compressed gas for fuel purposes and for the odorization of liquefied compressed gas. However, no regulation may prohibit the exception provided for in Section 1 of this act.

(2) The board's regulations shall be in substantial conformity with the published Standards of the National Fire Protection Association for the Storage and Handling of Liquefied Petroleum Gases (NFPA 58) and with the National Fuel Gas Code (NFPA 54) as recommended by the National Fire Protection Association, adopted in accordance with the Mississippi Administrative Procedures Law. The board shall consider the adoption of revised versions of these standards as they are adopted by the National Fire Protection Association; the board may consider the adoption of other standards for matters not addressed by the above standards or amend the above standards if deemed to be in the best interest of the State of Mississippi and with the approval of the Commissioner of Insurance.

(3) The board is authorized to hold hearings, call witnesses, administer oaths, take testimony and obtain evidence in the conduct of its business.

SECTION 6. This act shall take effect and be in force from and after its passage.