Missouri State Senate

Senate Committee Substitute

SCS/SB 453 - This act creates the Missouri Propane Safety Act.

The act transfers the responsibility to regulate liquified petroleum gases from the Department of Agriculture to the Missouri Propane Gas Commission, which is created by the act.

The Missouri Propane Gas Commission is established within the Department of Agriculture. Nine members shall comprise the Commission, to be appointed by the Governor. Terms and affiliations of Commission members are listed.

The Commission shall employ an executive director and may employ other staff as needed. Surety bond requirements for commissioners and staff are listed. The Commission shall submit an annual report of its activities during the previous year to the Department of Agriculture, the Governor, and the General Assembly.

The act lists the powers of the Commission, which include the authority to maintain an office, conduct hearings, disburse funds, and promulgate rules. The Commission's duties include developing propane safety plans and programs, supervising the administration of liquified petroleum gas regulations, and suspending registrations pertaining to liquified petroleum gases.

The executive director's powers regarding enforcement of this act are listed.

Political subdivisions may regulate propane provided that any local law does not conflict with the state requirements for liquified petroleum gases. Counties with a charter form of government are allowed to enact laws regulating propane that exceed the requirements of state law.

The Commission shall charge a per-gallon fee to owners of odorized propane in the state. The fee rate shall be an amount sufficient to yield approximately the revenue needed to cover the expenses of administering the provisions of the act, but the initial rate shall not exceed one-tenth of one cent per gallon. The fee maximum is twenty-five hundredths of one-cent. The Commission may annually adjust the rate, not to be increased by more than one-tenth of one cent per gallon in any year.

Owners of propane that is to be odorized and importers of odorized propane into the state shall pay the fee at the time of odorization or import, and shall remit such payment on a monthly basis.

The Commission shall set fees for permits, licenses, and certificates regarding liquified petroleum gases, and may alter the fee schedule once every two years. All fees collected shall be deposited into the Propane Inspection Fund, which is created in the act, for use in administering the act’s provisions.

Persons who fail to pay any assessment or fee for liquified petroleum gases may be subject to a civil penalty of between $500 and $5000 per violation, in addition to a cease and desist order.

This act is similar to HB 426 (2007).