South Carolina General Assembly
115th Session, 2003-2004

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Bill 448

Indicates Matter Stricken
Indicates New Matter

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

Indicates Matter Stricken

Indicates New Matter

COMMITTEE REPORT

April 9, 2003

S. 448

Introduced by Senators McConnell, Ford and Pinckney

S. Printed 4/9/03--H.

Read the first time March 20, 2003.

            

THE COMMITTEE ON

LABOR, COMMERCE AND INDUSTRY

To whom was referred a Bill (S. 448) to amend Section 40-82-240, Code of Laws of South Carolina, 1976, relating to liquid petroleum gas dealer storage capacity requirements, etc., respectfully

REPORT:

That they have duly and carefully considered the same and recommend that the same do pass:

HARRY F. CATO for Committee.

            

A BILL

TO AMEND SECTION 40-82-240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIQUID PETROLEUM GAS DEALER STORAGE CAPACITY REQUIREMENTS SO AS TO PROVIDE THAT A DEALER MUST HAVE OR HAVE ACCESS TO FACILITIES WITH A CAPACITY OF A MINIMUM 30,000 WATER GALLONS WITHIN CLOSE PROXIMITY TO THE AREA TO BE SERVED AND TO DELETE THE PROVISION REQUIRING LEASED STORAGE CAPACITY TO BE DEDICATED TO THE EXCLUSIVE USE OF THE LESSEE.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Section 40-82-240 of the 1976 Code is amended to read:

"Section 40-82-240.    (A)    A dealer conducting business in the State:

(1)    must have or have access to facilities with a storage capacity of a minimum of 30,000 water gallons located within close proximity to the area to be served; however, no more than two dealers may share the capacity of one 30,000 gallon tank;

(2)    whose headquarters are outside of the State, must have storage capacity located in the State within close proximity to the area served in the State.

(B)    The board may waive the minimum bulk storage facility requirement of subsection (A).

(C)    If the storage capacity required by subsection (A) is leased, the storage capacity must be dedicated to the exclusive use of the lessee and must include separate piping and loading-unloading facilities If a dealer has access to another dealer's facility, for purposes of subsection (A)(1), the dealer must have a written agreement, signed by both parties, stipulating the terms, conditions, and available capacity. A current agreement must be submitted at the time of each license renewal, and the duration of the agreement must, at a minimum, coincide with the length of the licensing period."

SECTION    2.    This act takes effect upon approval by the Governor.

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