Assembly Bill No. 292–Assemblymen Angle and Hettrick

 

March 6, 2001

____________

 

Referred to Committee on Natural Resources, Agriculture, and Mining

 

SUMMARY—Revises provisions relating to sale and maintenance of equipment for liquefied petroleum gas. (BDR 51‑914)

 

FISCAL NOTE:            Effect on Local Government: No.

                                    Effect on the State: No.

 

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to liquefied petroleum gas; requiring certain dealers of liquefied petroleum gas to offer to sell or lease the tank and related equipment under certain circumstances; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1    Section 1. NRS 590.525 is hereby amended to read as follows:

1-2    590.525  1.  All equipment must be installed and maintained in a safe

1-3  operating condition and in conformity with the regulations and

1-4  specifications adopted by the board pursuant to the provisions of NRS

1-5  590.515 and 590.519.

1-6    2.  A dealer who is licensed pursuant to the provisions of subsection 1

1-7  of NRS 590.575 shall provide to his new and current customers a written

1-8  offer:

1-9    (a) To sell the tank and related equipment to the customer at fair

1-10  market value;

1-11    (b) To lease the tank and related equipment for a period specified in

1-12  the written offer with the option to purchase the equipment upon the

1-13  expiration of the period; or

1-14    (c) To lease the tank and related equipment for a period of years

1-15  specified in the written offer with:

1-16      (1) The exclusive right of the dealer to install, maintain, fill or refill

1-17  the tank and related equipment for the first year of the lease; and

1-18      (2) The option to purchase the tank and related equipment upon the

1-19  expiration of that year.

1-20    3.  Except as otherwise provided in this subsection, any dealer who is

1-21  licensed pursuant to the provisions of subsection 1 of NRS 590.575 may

1-22  install, maintain, fill or refill any tank and related equipment purchased

1-23  or leased pursuant to the provisions of subsection 2. If a customer leases

2-1  a tank and related equipment pursuant to the provisions of paragraph (c)

2-2  of subsection 2, any dealer may install, maintain, fill or refill the tank

2-3  and related equipment after the expiration of the first year of the lease.

2-4    Sec. 2.  NRS 590.535 is hereby amended to read as follows:

2-5    590.535  1.  [No person, firm or corporation,] Except as otherwise

2-6  provided in NRS 590.525, a person, other than the owner [and those] or

2-7  another person authorized by the owner to do so , [to do,] shall not sell,

2-8  fill, refill, deliver or permit to be delivered, or use in any manner any

2-9  liquefied petroleum gas container or receptacle for any gas[,] or

2-10  compound, or for any other purpose . [whatsoever.

2-11    2. No person, firm or corporation shall hereafter]

2-12    2.  A person shall not engage in this state in the business of

2-13  manufacturing, fabricating, assembling, selling or installing any systems,

2-14  containers, apparatuses or appliances used, or to be used, in this state for

2-15  the transportation, storage, dispensation or utilization of LPG, [nor shall

2-16  any] and a transporter, distributor or retailer of LPG shall not engage in

2-17  storing, dispensing or utilizing, [nor shall any transporter, distributor or

2-18  retailer] or dispense or transport over the highways of this state , any LPG

2-19  intended for use in this state in any system, container, apparatus or

2-20  appliance without having [first] applied for and obtained from the board a

2-21  license to do so.

2-22    3.  The licenses required by this section [shall] do not apply to the

2-23  following types of businesses or operations:

2-24    (a) Those engaged in the production or manufacture of LPG.

2-25    (b) Those engaged in the wholesale selling or reselling of LPG to

2-26  transporters, industrial consumers, processors, distributors or retailers,

2-27  except wholesalers selling to ultimate consumers in this state.

2-28    (c) Those selling or delivering motor vehicles or tractors, or supplying

2-29  [the same,] motor vehicles or tractors, which are factory-equipped with an

2-30  LP-Gas system, container, apparatus or appliance for the [utilization] use

2-31  therein of LPG as motor fuel.

 

2-32  H