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1999 SESSION

990457445
HOUSE BILL NO. 2368
Offered January 21, 1999
A BILL to amend the Code of Virginia by adding sections numbered 59.1-151.1, 59.1-154.1 and 59.1-154.2, relating to motor fuels and lubricating oils.
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Patrons-- Rust, Albo, Almand, DeBoer, Grayson, Hamilton, Reid, Wagner, Wardrup, Williams and Woodrum; Senators: Ticer, Watkins and Woods
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Referred to Committee on Transportation
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Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding sections numbered 59.1-151.1, 59.1-154.1 and 59.1-154.2 as follows:

§ 59.1-151.1. Registration of motor fuel retailers required.

A. Any retailer of motor fuel in the Commonwealth shall register by July 1 of each year for the registration year of July 1 to June 30. Each retailer shall submit an application for registration to the Commissioner on forms furnished or approved by the Commissioner and shall pay to the Commissioner a registration fee of twenty-five dollars per registration year. Upon approval by the Commissioner, the Commissioner or his agent shall furnish a copy of the registration to the applicant. Each registration shall expire on June 30 of the registration year for which the Commissioner or his agent issued the registration. Every such registration shall be valid through July 31 of the next registration year or until issuance of the renewal registration, whichever event first occurs, if the holder thereof shall have filed a renewal application with the Commissioner on or before June 30 of the registration year for which the Commissioner or his agent issued the registration.

B. The application for registration shall include the following information: (i) the name, address and phone number of the motor fuel retailer, and, if different, the name, address and phone number of the operator of the motor fuel retail outlet; (ii) the address of the motor fuel retail outlet and the name, address and phone number of the owner of the premises, and, if different, the underground storage tanks; (iii) the date of installation and type of underground storage tanks located on the premises; (iv) the number of pumps or dispensers of motor fuel located on the premises; (v) whether or not the motor fuel retail outlet engages in any of the following: (a) retail sales of alcoholic beverages, (b) retail sales of tobacco products, (c) retail sales of food or beverages, (d) service or repair of motor vehicles, (e) official safety inspections of motor vehicles, or (f) collection from the general public of used motor oil or antifreeze for recycling. The Commissioner, in his discretion, may require to be included in the application for registration additional information related to health and safety regulation of motor fuel retail outlets.

C. Information which the Commissioner obtains through the application for registration shall be public information and may be made available to other state agencies. Registration under this section shall meet the requirements of and constitute a filing pursuant to § 59.1-21.16:2.

D. After July 1, 2000, no person shall offer to sell, sell or otherwise provide motor fuel to the public unless and until such person has made application for and has been issued a registration certificate by the Commissioner pursuant to this section.

§ 59.1-154.1. Definition of octane levels.

When used in describing, defining, or promoting motor fuel to the public in the Commonwealth, no retailer of motor fuel shall use the term “premium,” “super,” “high test,” or other similar words denoting high octane performance unless referring to motor fuel with an octane rating of 93 or higher.

§ 59.1-154.2. Unattended sale of motor fuel prohibited.

No person shall sell motor fuel to the general public unless there is at least one person physically on the premises of the motor fuel outlet located in line of sight of the pumps or motor fuel dispensers and capable of visual inspection and supervision of the dispensing of motor fuel. Such person shall be properly trained in the operation of the pumps or motor fuel dispensers and in the implementation of an emergency response plan, which shall include the location and operation of emergency shut-off valves for the pumps or motor fuel dispensers at the motor fuel retail outlet and reasonably prudent cleanup procedures in the event of a motor fuel discharge to minimize any environmental hazard. This section shall not apply to motor fuel outlets which do not offer motor fuel for sale to the general public.

2. That the Commissioner shall promulgate the first set of regulations to implement the provisions of this act to be effective within 280 days of the enactment of this provision.