Georgia House of Representatives - 1995/1996 Sessions

HB 39 - Motor fuel; transport truck delivery; certain vehicles

Page Numbers - 1/ 2

1. Royal  164th           2. Buck  135th             3. Murphy  18th


House Comm: W&M        /                Senate Comm: Trans      /                                   
House Vote: Yeas 163   Nays 0           Senate Vote: Yeas 31  Nays 11                               
              ----------------------------------------                                              
               House          Action         Senate                                                 
              ----------------------------------------                                              
              1/23/95  Read 1st Time         2/3/95                                                 
              1/24/95  Read 2nd Time         3/1/95                                                 
              2/1/95   Favorably Reported    2/28/95                                                
              Sub      Committee Amend/Sub   Sub                                                    
              2/2/95   Read 3rd Time         3/14/95                                                
              2/2/95   Passed/Adopted        3/15/95                                                
              CS       Comm/Floor Amend/Sub  CS                                                     
                       Lost                  3/14/95                                                
                       Notice to Reconsider  3/14/95                                                
                       Reconsidered          3/14/95                                                
              3/17/95* Amend/Sub Agreed To                                                          
                       Amend/Sub Disagreed To3/17/95*                                               
              2/13/96  Insists                                                                      
              2/13/96  Conf Comm Appointed   2/26/96                                                
              ----------------------------------------                                              
House Agrees to Senate Substitute as Amended by House                                               
Senate Disagrees to House Amendment to Senate Substitute                                            
                                                                                                    
Code Sections amended: 48-9-9                                                                       


HB 39                                            LC 18 6887S






                        A BILL TO BE ENTITLED
                               AN ACT


  1- 1  To amend Code Section 48-9-9 of the Official Code of Georgia
  1- 2  Annotated, relating to reports of motor fuel deliveries and
  1- 3  restrictions on delivery, so as to authorize the delivery of
  1- 4  motor fuel from a tankwagon or tandem thereof directly into
  1- 5  the fuel tank of certain motor vehicles; to provide for
  1- 6  conditions and limitations; to provide an effective date; to
  1- 7  repeal conflicting laws; and for other purposes.

  1- 8       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

                         SECTION 1.

  1- 9  Code Section 48-9-9 of the Official Code of Georgia
  1-10  Annotated, relating to reports of motor fuel deliveries and
  1-11  restrictions on delivery, is amended by striking subsection
  1-12  (e) and inserting in its place a new subsection (e) to read
  1-13  as follows:

  1-14      "(e)(1) Except as otherwise provided in paragraph (2) of
  1-15      this subsection, delivery Delivery of motor fuel from a
  1-16      transport tank truck or vessel directly into the fuel
  1-17      tank of any motor vehicle in this state is prohibited
  1-18      except in cases of emergency.

  1-19      (2) Delivery of motor fuel from a tankwagon or tandem
  1-20      thereof directly into the fuel tank of a motor vehicle
  1-21      in this state is authorized if:

  1-22        (A) The motor vehicle is part of a commercial fleet of
  1-23        25 or more motor vehicles owned by a single person,
  1-24        firm, or corporation doing business in this state;

  1-25        (B) Such tankwagon or tandem thereof is equipped with
  1-26        meters or totalizers which can account accurately for
  1-27        such delivery;

  1-28        (C) All flammable and combustible liquids in
  1-29        connection with such delivery are stored, transported,
  1-30        and dispensed in accordance with acceptable fire
  1-31        safety codes and standards adopted or promulgated by
  1-32        the safety fire commissioner;


                                 -1- (Index)

                                                 LC 18 6887S

  2- 1        (D) Such tankwagon or tandem thereof is equipped with
  2- 2        appropriate safety mechanisms approved by the safety
  2- 3        fire commissioner to control spillage, allow for
  2- 4        emergency shut-off, control source of ignition, and
  2- 5        allow acceptable pull away shear value;

  2- 6        (E) Such delivery shall only be conducted in an area
  2- 7        or areas and shall only utilize delivery nozzles
  2- 8        approved by the safety fire commissioner; and

  2- 9        (F) Such delivery shall only be conducted in
  2-10        compliance with all applicable state and federal laws
  2-11        and regulations, including, but specifically not
  2-12        limited to, the following:

  2-13          (i) Chapter 391-3-1, relating to air quality
  2-14          control, of the Rules of the Department of Natural
  2-15          Resources;

  2-16          (ii) Chapter 5 of Title 12, relating to water
  2-17          resources;

  2-18          (iii) Article 2 of Chapter 8 of Title 12, relating
  2-19          to solid waste management;

  2-20          (iv) Article 3 of Chapter 8 of Title 12, relating to
  2-21          hazardous waste;

  2-22          (v) Article 1 of Chapter 9 of Title 12, relating to
  2-23          air quality; and

  2-24          (vi) Chapter 14 of Title 12, relating to oil or
  2-25          hazardous material spills or releases."

                         SECTION 2.

  2-26  This Act shall become effective upon its approval by the
  2-27  Governor or upon its becoming law without such approval.

                         SECTION 3.

  2-28  All laws and parts of laws in conflict with this Act are
  2-29  repealed.











                                 -2- (Index)