Regular Session 2021-2022 Senate Bill 0736 P.N. 1938

HOUSE AMENDED

PRIOR PRINTER'S NOS. 840, 1858

PRINTER'S NO. 1938

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

736

Session of

2021

INTRODUCED BY LANGERHOLC, PHILLIPS-HILL, ARGALL, J. WARD, COSTA,

BAKER, MASTRIANO, STEFANO, VOGEL AND BROOKS, JUNE 4, 2021

AS RE-REPORTED FROM COMMITTEE ON APPROPRIATIONS, HOUSE OF

REPRESENTATIVES, AS AMENDED, SEPTEMBER 21, 2022

AN ACT

Amending Title 75 (Vehicles) of the Pennsylvania Consolidated

Statutes, IN GENERAL PROVISIONS, FURTHER PROVIDING FOR

DEFINITIONS; AND, in registration of vehicles, further

providing for use of farm vehicle plates.; CONSOLIDATING THE

ACT OF FEBRUARY 11, 1998 (P.L.58, NO.15), KNOWN AS THE

COMBUSTIBLE AND FLAMMABLE LIQUIDS ACT, FURTHER PROVIDING FOR

REGULATIONS AND FOR EMERGENCY CONTROLS AND ELECTRICAL

DISCONNECTS; AND MAKING A RELATED REPEAL.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 1344(a)(3) of Title 75 of the

Pennsylvania Consolidated Statutes is amended to read:

SECTION 1. THE DEFINITION OF "FARM VEHICLE" IN SECTION 102

OF TITLE 75 OF THE PENNSYLVANIA CONSOLIDATED STATUTES IS AMENDED

TO READ:

§ 102. DEFINITIONS.

SUBJECT TO ADDITIONAL DEFINITIONS CONTAINED IN SUBSEQUENT

PROVISIONS OF THIS TITLE WHICH ARE APPLICABLE TO SPECIFIC

PROVISIONS OF THIS TITLE, THE FOLLOWING WORDS AND PHRASES WHEN

USED IN THIS TITLE SHALL HAVE, UNLESS THE CONTEXT CLEARLY

<--

INDICATES OTHERWISE, THE MEANINGS GIVEN TO THEM IN THIS SECTION:

* * *

"FARM VEHICLE." [A TRUCK OR TRUCK TRACTOR DETERMINED BY THE

DEPARTMENT OF TRANSPORTATION TO BE USED EXCLUSIVELY FOR

AGRICULTURAL PURPOSES.] ANY OF THE FOLLOWING THAT THE DEPARTMENT

OF TRANSPORTATION HAS DETERMINED TO BE USED EXCLUSIVELY FOR

AGRICULTURAL PURPOSES:

(1) PASSENGER CAR.

(2) TRUCK.

(3) TRUCK TRACTOR.

* * *

SECTION 2. SECTION 1344(A) INTRODUCTORY PARAGRAPH AND (3) OF

TITLE 75 ARE AMENDED TO READ:

§ 1344. Use of farm vehicle plates.

(a) General rule.--A PASSENGER CAR, truck or truck tractor

bearing farm vehicle registration plates shall be used

exclusively upon a farm or farms owned or operated by the

registrant of the vehicle or upon highways between:

* * *

(3) Such a farm or farms and a place of business or

place of residence for the purpose of buying or selling

agricultural commodities or supplies, regardless of whether

the vehicle is operated by the registrant of the vehicle or

an employee of the registrant of the vehicle.

* * *

SECTION 2.1. TITLE 75 IS AMENDED BY ADDING A CHAPTER TO

READ:

CHAPTER 88

COMBUSTIBLE AND FLAMMABLE LIQUIDS

SEC.

20210SB0736PN1938 - 2 -

<--

8801. SCOPE OF CHAPTER.

8802. DEFINITIONS.

8803. TRANSFER OF FUNCTIONS.

8803.1. NOTIFICATION BY MANUFACTURERS OF GASOLINE ADDITIVE

INFORMATION.

8804. REGULATIONS.

8805. PERMITS.

8806. (RESERVED).

8807. RETAIL SERVICE STATIONS.

8808. INVESTIGATION.

8809. ORDERS.

8810. PROHIBITIONS.

8811. PENALTIES AND REMEDIES.

8812. APPLICABILITY.

§ 8801. SCOPE OF CHAPTER.

THIS CHAPTER RELATES TO COMBUSTIBLE AND FLAMMABLE LIQUIDS.

§ 8802. DEFINITIONS.

THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS CHAPTER

SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE

CONTEXT CLEARLY INDICATES OTHERWISE:

"BOARD." THE INDUSTRIAL BOARD OF THE COMMONWEALTH.

"COMBUSTIBLE LIQUID." A LIQUID HAVING A CLOSED CUP FLASH

POINT AT OR ABOVE 100 º F (37.8 º C).

"FLAMMABLE LIQUID." A LIQUID HAVING A CLOSED CUP FLASH POINT

BELOW 100 º F (37.8 º C) AND HAVING A VAPOR PRESSURE NOT EXCEEDING

40 POUNDS PER SQUARE INCH, ABSOLUTE (2068 MILLIMETERS HG) AT

100 º F (37.8 º C).

"PERSON." AN INDIVIDUAL, CORPORATION OR PARTNERSHIP.

"RETAIL SERVICE STATION." A PLACE OF BUSINESS ENGAGING IN

THE SALE AT RETAIL IN THIS COMMONWEALTH OF GASOLINE, DIESEL FUEL

20210SB0736PN1938 - 3 -

OR KEROSENE.

"STORAGE TANK." A VESSEL WHICH:

(1) HAS A LIQUID CAPACITY IN EXCESS OF 30 GALLONS (113.5

LITERS);

(2) IS INTENDED FOR FIXED INSTALLATION; AND

(3) IS NOT USED FOR PROCESSING WHICH SHALL BE DEEMED TO

INCLUDE, BUT NOT BE LIMITED TO, USE OF TANKS TO SEPARATE

CRUDE OIL AND WATER PRIOR TO AND AT THE POINT OF CRUDE OIL

CUSTODY TRANSFER.

§ 8803. TRANSFER OF FUNCTIONS.

THE POWERS AND DUTIES OF THE PENNSYLVANIA STATE POLICE

RELATING TO COMBUSTIBLE LIQUIDS OR FLAMMABLE LIQUIDS UNDER THE

ACT OF APRIL 27, 1927 (P.L.450, NO.291), REFERRED TO AS THE

STATE FIRE MARSHAL LAW, ARE TRANSFERRED TO THE DEPARTMENT OF

LABOR AND INDUSTRY.

§ 8803.1. NOTIFICATION BY MANUFACTURERS OF GASOLINE ADDITIVE

INFORMATION.

A PERSON THAT DISTRIBUTES GASOLINE OR THAT OWNS OR OPERATES A

RETAIL SERVICE STATION MAY NOT MAKE A REPRESENTATION RESPECTING

THE ANTIKNOCK CHARACTERISTICS OF THE GASOLINE UNLESS THE

REPRESENTATION DISCLOSES THE MINIMUM ANTIKNOCK INDEX

REQUIREMENTS OF THE FUEL AS ADOPTED BY THE NATIONAL CONFERENCE

OF WEIGHTS AND MEASURES AND PUBLISHED IN HANDBOOK 130, AND

SUPPLEMENTS THERETO, OR IN ANY PUBLICATION REVISING OR

SUPERSEDING HANDBOOK 130. THE DEPARTMENT OF LABOR AND INDUSTRY

MAY ISSUE A STOP-SALE NOTICE TO A PERSON THAT DISTRIBUTES

GASOLINE OR THAT OWNS OR OPERATES A RETAIL SERVICE STATION IF

THE PERSON IS IN VIOLATION OF THIS SECTION.

§ 8804. REGULATIONS.

(A) AUTHORITY.--

20210SB0736PN1938 - 4 -

(1) THE DEPARTMENT OF LABOR AND INDUSTRY MAY PROMULGATE

REGULATIONS GOVERNING THE POSSESSION, USE, STORAGE AND SALE

OF COMBUSTIBLE LIQUIDS OR FLAMMABLE LIQUIDS. REGULATIONS

UNDER THIS PARAGRAPH MUST BE BASED UPON GENERALLY ACCEPTED

NATIONAL OR INTERNATIONAL STANDARDS, EXCEPT THAT REGULATIONS

PROVIDING FOR EMERGENCY CONTROLS, INCLUDING SWITCHES, SHALL

BE BASED UPON SUBSECTION (C.1) .

(2) TO PROVIDE STANDARDS FOR THE STORAGE AND DISPENSING

OF COMPRESSED NATURAL GAS AS A VEHICULAR FUEL IN FLEET AND

PUBLIC DISPENSING OPERATIONS, THE DEPARTMENT OF LABOR AND

INDUSTRY SHALL PROMULGATE REGULATIONS WHICH ADOPT THE

NATIONAL FIRE PROTECTION ASSOCIATION STANDARD FOR COMPRESSED

NATURAL GAS VEHICULAR FUEL SYSTEMS (NFPA 52), EXCLUDING

PROVISIONS ON ENGINE FUEL SYSTEMS.

(B) (RESERVED).

(C.1) EMERGENCY CONTROLS AND ELECTRICAL DISCONNECTS.--

(1) FUEL-DISPENSING SYSTEMS SHALL BE PROVIDED WITH ONE

OR MORE CLEARLY IDENTIFIED EMERGENCY SHUT-OFF DEVICES OR

ELECTRICAL DISCONNECTS. THE DEVICES OR DISCONNECTS SHALL BE

INSTALLED IN APPROVED LOCATIONS NOT LESS THAN 20 FEET NOR

MORE THAN 100 FEET FROM THE FUEL-DISPENSING DEVICES THAT THE

DEVICES OR DISCONNECTS SERVE. THE FARTHEST FUEL-DISPENSING

DEVICE SHALL BE NO MORE THAN 350 FEET FROM THE MASTER CONTROL

EMERGENCY SHUT-OFF DEVICE. EMERGENCY SHUT-OFF DEVICES OR

ELECTRICAL DISCONNECTS SHALL DISCONNECT POWER TO:

(I) ALL DISPENSING DEVICES.

(II) ALL REMOTE PUMPS SERVING THE DISPENSING

DEVICES.

(III) ALL ASSOCIATED POWER, CONTROL AND SIGNAL

20210SB0736PN1938 - 5 -

CIRCUITS.

(IV) ALL OTHER ELECTRICAL EQUIPMENT IN HAZARDOUS OR

CLASSIFIED LOCATIONS SURROUNDING THE FUEL-DISPENSING

DEVICES.

(2) IF MORE THAN ONE EMERGENCY SHUT-OFF DEVICE OR

ELECTRICAL DISCONNECT IS PROVIDED, EACH DEVICE SHALL BE

INTERCONNECTED. RESETTING FROM AN EMERGENCY SHUT-OFF

CONDITION SHALL REQUIRE MANUAL INTERVENTION, AND THE MANNER

OF RESETTING SHALL BE APPROVED BY THE AUTHORITY HAVING

JURISDICTION.

(3) THERE SHALL BE A MASTER CONTROL EMERGENCY SHUT-OFF

DEVICE, AND THE DEVICE SHALL BE WITHIN 15 FEET OF THE

PRINCIPAL LOCATION OF THE ATTENDANT.

(4) AT ATTENDED MOTOR FUEL-DISPENSING FACILITIES, THE

DEVICES OR DISCONNECTS SHALL BE READILY ACCESSIBLE TO THE

ATTENDANT.

(5) AT UNATTENDED MOTOR FUEL-DISPENSING FACILITIES, THE

DEVICES OR DISCONNECTS SHALL BE READILY ACCESSIBLE TO

PATRONS, AND AT LEAST ONE ADDITIONAL DEVICE OR DISCONNECT

SHALL BE READILY ACCESSIBLE TO EACH GROUP OF DISPENSING

DEVICES ON AN INDIVIDUAL ISLAND.

(6) EACH FUEL-DISPENSING DEVICE SHALL BE IN CLEAR VIEW

OF THE ATTENDANT AT ALL TIMES. THE DISPENSING OF FUEL AT EACH

FUEL-DISPENSING DEVICE SHALL BE IN CLEAR VIEW OF THE

ATTENDANT, AND NO OBSTACLE SHALL BE PERMITTED BETWEEN THE

DISPENSING OPERATION AND THE ATTENDANT SO AS TO OBSTRUCT THE

VIEW OF THE ATTENDANT.

(D) OPERATING REQUIREMENTS FOR ATTENDED SELF-SERVICE MOTOR

FUEL-DISPENSING FACILITIES.--

(1) THERE SHALL BE AT LEAST ONE ATTENDANT ON DUTY WHILE

20210SB0736PN1938 - 6 -

A SELF-SERVICE MOTOR FUEL-DISPENSING FACILITY IS OPEN FOR

BUSINESS. THE ATTENDANT'S PRIMARY FUNCTION SHALL BE TO

SUPERVISE, OBSERVE AND CONTROL THE DISPENSING OF CLASS I

LIQUIDS WHILE THE CLASS I LIQUIDS ARE BEING DISPENSED.

(2) AS USED IN THIS SUBSECTION, THE TERM "SELF-SERVICE

MOTOR FUEL-DISPENSING FACILITY" SHALL MEAN THAT PORTION OF A

PROPERTY WHERE LIQUIDS USED AS MOTOR FUELS ARE STORED AND

DISPENSED FROM FIXED, APPROVED DISPENSING EQUIPMENT INTO THE

FUEL TANKS OF MOTOR VEHICLES BY PERSONS OTHER THAN THE

FACILITY ATTENDANT AND SHALL ALSO INCLUDE, WHERE PROVIDED,

FACILITIES FOR THE SALE OF OTHER RETAIL PRODUCTS.

(E) ATTENDANT RESPONSIBILITIES.--IT SHALL BE THE

RESPONSIBILITY OF AN ATTENDANT TO:

(1) ENSURE THE DISPENSING OF CLASS I LIQUIDS INTO

PORTABLE CONTAINERS AS PROVIDED UNDER SECTION 8807(C)

(RELATING TO RETAIL SERVICE STATIONS).

(2) ENSURE THE USE OF HOSE NOZZLE VALVE LATCH-OPEN

DEVICES AS PROVIDED UNDER SECTION 8807(B).

(3) CONTROL SOURCES OF IGNITION.

(4) IMMEDIATELY ACTIVATE EMERGENCY CONTROLS AND NOTIFY

THE FIRE DEPARTMENT OF A FIRE OR OTHER EMERGENCY.

(5) HANDLE ACCIDENTAL SPILLS AND FIRE EXTINGUISHERS IF

NEEDED.

(F) CAPABILITIES.--THE ATTENDANT OR SUPERVISOR ON DUTY SHALL

BE MENTALLY AND PHYSICALLY CAPABLE OF PERFORMING THE FUNCTIONS

AND ASSUMING THE RESPONSIBILITY PRESCRIBED IN THIS CHAPTER.

(G) OPERATING INSTRUCTIONS.--OPERATING INSTRUCTIONS SHALL BE

CONSPICUOUSLY POSTED IN THE DISPENSING AREA.

(H) APPLICABILITY.--SUBSECTIONS (C.1), (D), (E), (F) AND (G)

SHALL APPLY TO ANY NEW MODIFICATION, CONSTRUCTION OR

20210SB0736PN1938 - 7 -

INSTALLATION OF FUEL-DISPENSING SYSTEMS AND THEIR COMPONENTS

THAT DISPENSE FUEL. EXISTING ATTENDED MOTOR FUEL-DISPENSING

FACILITIES SHALL NOT BE REQUIRED TO INSTALL ADDITIONAL EMERGENCY

SHUT-OFF DEVICES OR ELECTRICAL DISCONNECTS, IF THE PRIMARY

EMERGENCY SHUT-OFF SWITCH IS NOT MORE THAN 15 FEET FROM THE

PRINCIPAL CONTROL LOCATION OF THE ATTENDANT AND NOT MORE THAN

125 FEET FROM THE FARTHEST MOTOR FUEL-DISPENSING DEVICE. THIS

SUBSECTION SHALL APPLY TO TANK STORAGE SYSTEMS, PIPING SYSTEMS

AND ELECTRICAL INSTALLATIONS. SUBSECTIONS (D), (E), (F) AND (G)

SHALL APPLY TO EACH EXISTING ATTENDED MOTOR FUEL-DISPENSING

FACILITY.

§ 8805. PERMITS.

(A) REQUIREMENTS.--

(1) A PERSON MAY NOT INSTALL, REPLACE OR RELOCATE A

TANK, PUMP OR DRAWING-OFF DEVICE IN CONNECTION WITH THE

POSSESSION, USE, STORAGE OR SALE OF COMBUSTIBLE LIQUIDS OR

FLAMMABLE LIQUIDS IN AN AGGREGATE CAPACITY IN EXCESS OF 30

GALLONS UNLESS THE PERSON HAS A PERMIT FROM THE DEPARTMENT OF

LABOR AND INDUSTRY.

(2) A PERSON MAY NOT INSTALL, REPLACE OR RELOCATE A

CONTAINER, PRESSURE VESSEL OR PIECE OF COMPRESSION EQUIPMENT

FOR THE STORAGE AND DISPENSING OF COMPRESSED NATURAL GAS AS A

VEHICULAR FUEL IN FLEET AND PUBLIC DISPENSING OPERATIONS

UNLESS THE PERSON HAS A PERMIT FROM THE DEPARTMENT OF LABOR

AND INDUSTRY.

(B) PROCEDURE.--

(1) TO RECEIVE OR RENEW A PERMIT UNDER THIS SECTION, AN

APPLICANT MUST SUBMIT AN APPLICATION IN A FORM PRESCRIBED BY

THE DEPARTMENT OF LABOR AND INDUSTRY.

(2) THE DEPARTMENT OF LABOR AND INDUSTRY SHALL MAKE A

20210SB0736PN1938 - 8 -

DECISION ON PERMIT ISSUANCE BASED UPON THE APPLICANT'S

ABILITY TO SAFELY HANDLE COMBUSTIBLE LIQUIDS OR FLAMMABLE

LIQUIDS IN ACCORDANCE WITH REGULATIONS UNDER SECTION 8804

(RELATING TO REGULATIONS).

(3) AN APPLICANT MAY APPEAL A DENIAL OF PERMIT ISSUANCE

UNDER PARAGRAPH (2) TO THE BOARD. THE BOARD'S AFFIRMANCE OF A

DENIAL CONSTITUTES A FINAL ORDER. THIS PARAGRAPH SHALL BE

SUBJECT TO 2 PA.C.S. CHS. 5 SUBCH. A (RELATING TO PRACTICE

AND PROCEDURE OF COMMONWEALTH AGENCIES) AND 7 SUBCH. A

(RELATING TO JUDICIAL REVIEW OF COMMONWEALTH AGENCY ACTION).

§ 8806. (RESERVED).

§ 8807. RETAIL SERVICE STATIONS.

(A) KEROSENE.--AT A RETAIL SERVICE STATION, THE INTAKE OR

RECEIVING PIPE OPENING FOR A KEROSENE STORAGE TANK SHALL BE

SMALLER THAN THE NOZZLE ON THE HOSE USED TO DELIVER GASOLINE OR

DIESEL FUEL INTO THE STORAGE TANK.

(B) SELF-SERVICE.--AN ATTENDED SELF-SERVICE GASOLINE STATION

MAY USE A HOLD-OPEN GASOLINE-DISPENSING OR HOLD-OPEN DIESEL

FUEL-DISPENSING NOZZLE IF ALL OF THE FOLLOWING ARE MET:

(1) THE NOZZLE MEETS SAFETY STANDARDS ADOPTED BY

REGULATION OF THE DEPARTMENT OF LABOR AND INDUSTRY.

(2) A SIGN IS POSTED INDICATING THAT PENNSYLVANIA LAW

REQUIRES THAT ANY PERSON, OTHER THAN THE ATTENDANT, WHO USES

A HOLD-OPEN GASOLINE-DISPENSING OR HOLD-OPEN DIESEL FUEL-

DISPENSING NOZZLE SHALL REMAIN WITHIN 10 FEET AND WITHIN

PLAIN SIGHT OF THE REFUELING POINT DURING THE REFUELING

OPERATION.

(1) IN ADDITION TO ESTABLISHED CONTAINER CONSTRUCTION

REQUIREMENTS UNDER 34 PA. CODE § 14.7 (RELATING TO CONTAINER

20210SB0736PN1938 - 9 -

CONSTRUCTION), PO RTABLE CONTAINERS USED FOR THE STORAGE AND

HANDLING OF FLAMMABLE AND COMBUSTIBLE LIQUIDS SHALL BE COLOR-

CODED TO PROPERLY IDENTIFY THE CONTENTS OF THE CONTAINER AS

FOLLOWS:

(I) BLUE SHALL REPRESENT KEROSENE.

(II) RED SHALL REPRESENT GASOLINE.

(III) YELLOW SHALL REPRESENT DIESEL.

(2) NO OTHER COLOR MAY BE USED FOR PORTABLE CONTAINERS

AS PROVIDED FOR UNDER THIS SECTION WHICH ARE USED FOR THE

STORAGE AND HANDLING OF FLAMMABLE AND COMBUSTIBLE LIQUIDS. AT

LEAST 75% OF THE SURFACE AREA OF THE CONTAINER SHALL BE OF

THE REQUIRED COLOR.

(D) ATTENDED SELF-SERVICE STATION OPERATOR FACILITIES.--IT

IS THE RESPONSIBILITY OF THE OPERATOR OF THE ATTENDED SELF-

SERVICE STATION TO FAMILIARIZE ATTENDANT EMPLOYEES WITH THE

LOCATION AND OPERATION OF THE STATION'S EMERGENCY FUEL SHUT-OFF

SWITCH.

(E) SIGNAGE.--THE DEPARTMENT OF LABOR AND INDUSTRY SHALL, BY

REGULATION, IMPLEMENT STANDARDS FOR SIGNAGE TO BE PLACED IN THE

AREA OF A RETAIL SERVICE STATION WHERE GASOLINE, DIESEL FUEL OR

KEROSENE IS DISPENSED. THE DEPARTMENT OF LABOR AND INDUSTRY

SHALL REQUIRE THAT THE SIGNS SHALL BE CONSPICUOUSLY POSTED AND

INCLUDE WARNINGS OR NOTICES RELATED TO:

(1) SMOKING PROHIBITIONS;

(2) REQUIREMENTS FOR THE USE OF HOLD-OPEN GASOLINE-

DISPENSING OR HOLD-OPEN DIESEL FUEL-DISPENSING NOZZLES;

(3) PORTABLE CONTAINER USE AND SPECIFICATIONS;

(4) STATIC ELECTRICITY HAZARDS; AND

(5) OTHER SAFETY HAZARDS AS DETERMINED BY THE DEPARTMENT

OF LABOR AND INDUSTRY THROUGH REGULATION.

20210SB0736PN1938 - 10 -

§ 8808. INVESTIGATION.

(A) REGULATED PERSONS.--AN AGENT OR EMPLOYEE OF THE

DEPARTMENT OF LABOR AND INDUSTRY MAY ENTER, DURING NORMAL

BUSINESS HOURS, THE PREMISES OF AN APPLICANT OR PERMITTEE TO DO

ANY OF THE FOLLOWING:

(1) MAKE DETERMINATIONS UNDER SECTION 8805(B)(2)

(RELATING TO PERMITS).

(2) ASCERTAIN VIOLATIONS OF THIS CHAPTER AND REGULATIONS

PROMULGATED UNDER THIS CHAPTER.

(3) INSPECT TANKS, PUMPS, DRAWING-OFF DEVICES,

CONTAINERS, PRESSURE VESSELS OR COMPRESSION EQUIPMENT TO

ASSURE COMPLIANCE WITH THIS CHAPTER AND REGULATIONS

PROMULGATED UNDER THIS CHAPTER.

(B) GENERAL.--THE DEPARTMENT OF LABOR AND INDUSTRY MAY

INVESTIGATE VIOLATIONS OF THIS CHAPTER AND REGULATIONS UNDER

THIS CHAPTER, INCLUDING SEEKING SEARCH WARRANTS.

§ 8809. ORDERS.

(A) AUTHORITY.--AN AGENT OR EMPLOYEE OF THE DEPARTMENT OF

LABOR AND INDUSTRY MAY, UPON DISCOVERING A VIOLATION OF THIS

CHAPTER OR A REGULATION UNDER THIS CHAPTER, ISSUE AN ORDER TO

PLACE A TANK, PUMP OR DRAWING-OFF DEVICE OUT OF SERVICE. AN

ORDER UNDER THIS SECTION MUST COMPLY WITH ALL OF THE FOLLOWING:

(1) BE IN WRITING.

(2) STATE THE CORRECTIVE ACTION NECESSARY.

(B) APPEAL.--

(1) A PERSON MAY APPEAL TO THE BOARD THE ISSUANCE OF AN

ORDER UNDER SUBSECTION (A). THE APPEAL SHALL NOT OPERATE AS A

SUPERSEDEAS.

(2) THIS SUBSECTION IS SUBJECT TO 2 PA.C.S. CHS. 5

SUBCH. A (RELATING TO PRACTICE AND PROCEDURE OF COMMONWEALTH

20210SB0736PN1938 - 11 -

AGENCIES) AND 7 SUBCH. A (RELATING TO JUDICIAL REVIEW OF

COMMONWEALTH AGENCY ACTION).

§ 8810. PROHIBITIONS.

A PERSON MAY NOT DO ANY OF THE FOLLOWING:

(1) HINDER, DELAY OR INTERFERE WITH THE DEPARTMENT OF

LABOR AND INDUSTRY'S ENFORCEMENT OF THIS CHAPTER OR

REGULATIONS PROMULGATED UNDER THIS CHAPTER.

(2) FAIL TO PLACE OUT OF SERVICE, IN ACCORDANCE WITH AN

ORDER OF THE DEPARTMENT OF LABOR AND INDUSTRY, A TANK, PUMP

OR DRAWING-OFF DEVICE FOR THE POSSESSION, USE, STORAGE OR

SALE OF COMBUSTIBLE LIQUIDS OR FLAMMABLE LIQUIDS.

(3) CAUSE OR PERMIT A DELIVERY OR ACCEPTANCE OF FUEL

INTO A KEROSENE STORAGE TANK IN VIOLATION OF SECTION 8807(A)

(RELATING TO RETAIL SERVICE STATIONS). EACH DELIVERY OR

ACCEPTANCE CONSTITUTES A SEPARATE OFFENSE.

(4) FAIL TO REMAIN AT A LOCATION NO MORE THAN 10 FEET

FROM THE NOZZLE BEING UTILIZED AND WITHIN PLAIN SIGHT OF THE

NOZZLE DURING THE USE OF HOLD-OPEN GASOLINE-DISPENSING OR

HOLD-OPEN DIESEL FUEL-DISPENSING NOZZLES IF THE SIGN REQUIRED

UNDER SECTION 8807(B)(2) IS POSTED. RESPONSIBILITY FOR

COMPLIANCE WITH THIS PARAGRAPH SHALL RESIDE EXCLUSIVELY WITH

THE PERSON UTILIZING A HOLD-OPEN DEVICE.

(5) USE OR OPERATE ANY OF THE EMERGENCY CONTROLS OR

ELECTRICAL DISCONNECTS TO CONTROL THE DISPENSING DEVICES

OTHER THAN FOR AN EMERGENCY. AN ATTENDANT MAY USE OR OPERATE

ANY OF THE EMERGENCY DEVICES OR ELECTRICAL DISCONNECTS FOR

SECURITY OR ANTITHEFT PURPOSES.

§ 8811. PENALTIES AND REMEDIES.

(A) INITIAL OFFENSE.--EXCEPT AS PROVIDED FOR UNDER

SUBSECTION (C), A PERSON THAT VIOLATES THIS CHAPTER OR A

20210SB0736PN1938 - 12 -

REGULATION UNDER THIS CHAPTER COMMITS A SUMMARY OFFENSE AND,

UPON CONVICTION, SHALL BE SENTENCED TO PAY A FINE OF $500.

(B) SUBSEQUENT OFFENSES.--A PERSON THAT, AFTER BEING

SENTENCED UNDER SUBSECTION (A), VIOLATES THIS CHAPTER OR A

REGULATION UNDER THIS CHAPTER COMMITS A SUMMARY OFFENSE AND,

UPON CONVICTION, SHALL BE SENTENCED TO PAY A FINE OF $1,000.

8807(C) (RELATING TO RETAIL SERVICE STATIONS) RELATING TO

PORTABLE CONTAINER SPECIFICATIONS COMMITS A SUMMARY OFFENSE AND,

UPON CONVICTION, SHALL BE SENTENCED TO PAY A FINE OF NOT MORE

THAN $100. THE RESPONSIBILITY FOR COMPLIANCE WITH SECTION

8807(C) SHALL RESIDE EXCLUSIVELY WITH PERSONS WHO USE PORTABLE

CONTAINERS TO STORE OR HANDLE FLAMMABLE COMBUSTIBLE LIQUIDS. THE

FILLING OF THE CONTAINERS IN CONNECTION WITH THE SALE OR

DISTRIBUTION OF GASOLINE OR KEROSENE SHALL NOT CONSTITUTE AN ACT

OF STORAGE OR HANDLING FOR PURPOSES OF THIS SECTION, AND NO

SELLER SHALL INCUR CIVIL LIABILITY FOR FAILURE TO PROPERLY

IDENTIFY THE CONTENTS OF THE CONTAINERS.

(D) RESTITUTION.--IF THE SIGN REQUIRED UNDER SECTION 8807(B)

(2) IS POSTED, A PERSON THAT VIOLATES SECTION 8810(4) (RELATING

TO PROHIBITIONS) SHALL BE LIABLE FOR PAYMENT OF ALL

ENVIRONMENTAL CLEANUP COSTS ASSOCIATED WITH A FUEL SPILL

RESULTING FROM THE PERSON'S VIOLATION OF SECTION 8810(4).

§ 8812. APPLICABILITY.

THIS CHAPTER SHALL NOT APPLY TO THE POSSESSION, USE OR

STORAGE BY A FARM OF MOTOR FUEL FOR NONCOMMERCIAL PURPOSES OR A

SUBSTANCE TO FACILITATE THE PRODUCTION OF CROPS, LIVESTOCK AND

LIVESTOCK PRODUCTS. THIS CHAPTER SHALL NOT APPLY TO A TANK IN

WHICH THE MOTOR FUEL OR SUBSTANCE IS STORED BY A FARM.

SECTION 2.2. REPEALS ARE AS FOLLOWS:

20210SB0736PN1938 - 13 -

(1) THE GENERAL ASSEMBLY DECLARES THAT THE REPEAL UNDER

PARAGRAPH (2) IS NECESSARY TO EFFECTUATE THE ADDITION OF 75

PA.C.S. CH. 88.

(2) THE ACT OF FEBRUARY 11, 1998 (P.L.58, NO.15), KNOWN

AS THE COMBUSTIBLE AND FLAMMABLE LIQUIDS ACT, IS REPEALED.

SECTION 2.3. THE ADDITION OF 75 PA.C.S. CH. 88 IS A

CONTINUATION OF THE ACT OF FEBRUARY 11, 1998 (P.L.58, NO.15),

KNOWN AS THE COMBUSTIBLE AND FLAMMABLE LIQUIDS ACT. THE

FOLLOWING APPLY:

(1) EXCEPT AS OTHERWISE PROVIDED IN 75 PA.C.S. CH. 88,

ALL ACTIVITIES INITIATED UNDER THE COMBUSTIBLE AND FLAMMABLE

LIQUIDS ACT SHALL CONTINUE AND REMAIN IN FULL FORCE AND

EFFECT AND MAY BE COMPLETED UNDER 75 PA.C.S. CH. 88. ORDERS,

REGULATIONS, RULES AND DECISIONS WHICH WERE MADE UNDER THE

COMBUSTIBLE AND FLAMMABLE LIQUIDS ACT AND WHICH ARE IN EFFECT

ON THE EFFECTIVE DATE OF SECTION 2.2 OF THIS ACT SHALL REMAIN

IN FULL FORCE AND EFFECT UNTIL REVOKED, VACATED OR MODIFIED

UNDER 75 PA.C.S. CH. 88. CONTRACTS, OBLIGATIONS AND

COLLECTIVE BARGAINING AGREEMENTS ENTERED INTO UNDER THE

COMBUSTIBLE AND FLAMMABLE LIQUIDS ACT ARE NOT AFFECTED NOR

IMPAIRED BY THE REPEAL OF THE COMBUSTIBLE AND FLAMMABLE

LIQUIDS ACT.

(2) EXCEPT AS SET FORTH IN PARAGRAPH (3), ANY DIFFERENCE

IN LANGUAGE BETWEEN 75 PA.C.S. CH. 88 AND THE COMBUSTIBLE AND

FLAMMABLE LIQUIDS ACT IS INTENDED ONLY TO CONFORM TO THE

STYLE OF THE PENNSYLVANIA CONSOLIDATED STATUTES AND IS NOT

INTENDED TO CHANGE OR AFFECT THE LEGISLATIVE INTENT, JUDICIAL

CONSTRUCTION OR ADMINISTRATION AND IMPLEMENTATION OF THE

COMBUSTIBLE AND FLAMMABLE LIQUIDS ACT.

(3) PARAGRAPH (2) DOES NOT APPLY TO THE ADDITION OF 75

20210SB0736PN1938 - 14 -

PA.C.S. § 8804(B) AND (C.1)(1).

Section 2 3. This act shall take effect in 60 days.

20210SB0736PN1938 - 15 -

<--