Introduced By: Representative Kennedy
Date Introduced : June 10, 1999
Referred To: Committee on Corporations
It is enacted by the General Assembly as follows:
SECTION 1. Sections 47-8-7 and 47-8-8 of the General Laws in Chapter 47-8 entitled "Gasoline and Petroleum Products" are hereby amended to read as follows:
47-8-7. Liability insurance -- Marking of vehicles. -- (a) The owner of land or facilities used to store petroleum products or who owns or leases vehicles used to transport petroleum products for purposes of resale shall maintain a liability insurance policy {ADD which shall include pollution liability broad form coverage ADD} of no less than two million dollars ($2,000,000). The insurance policy shall be comprehensive in nature and include coverage for underground or aboveground contamination due to leakage from any kind of a petroleum product stored on the land or facility or which may be discharged from a vehicle transporting the petroleum product for purposes of resale. The provisions of this section shall apply to owners of facilities that are engaged in the business of selling petroleum products at wholesale or retail, and shall not apply to leasing companies engaged in the business of leasing or renting vehicles used to transport petroleum products.
(b) Any petroleum delivery vehicle carrying petroleum products must have certification, on Rhode Island form GU-1338A or Rhode Island form DMU-1, of a two million dollar ($2,000,000) liability insurance policy {ADD which shall include pollution liability broad form coverage ADD} prior to registration of the vehicle in the state of Rhode Island. Proof of certification of the insurance must be on file with wholesale suppliers and/or petroleum distributor terminals for vehicles to obtain petroleum products in Rhode Island for marketing. A state of Rhode Island resale certificate number must also be on file with the supplier and distributing terminal. The provisions of this section relating to liability insurance do not apply in those cases where an owner certifies that he or she is self insured, to at least the required amount, and provides certification of the self insurance.
(c) (1) Any petroleum delivery vehicle carrying petroleum products must comply with section 397.21 of the federal motor carriers safety regulations for the transportation of hazardous material, entitled "Marking of Vehicles Operated by Private Carriers", prior to registration of the vehicle, and maintain the registration of the vehicle by the motor vehicle division of the department of transportation of the state of Rhode Island. The marking shall include the following:
(i) Placarding in accordance with federal requirements.
(ii) The name of the enterprise, and the city or town in which the enterprise, maintains its principal office or in which the vehicle or vehicles are customarily based.
(2) The markings must appear on both sides of the vehicle, be in letters that contrast sharply in color with the background, be readily legible during daylight hours from a distance of fifty feet (50') while the vehicle is stationary, and be kept and maintained in a manner that retains the legibility required. The marking may consist of a removable device if that device meets the identification and legibility requirements of this subsection, for a period not to exceed three (3) months after registration of said vehicle.
(d) The director of the department of transportation is authorized and empowered to promulgate rules and regulations for the enforcement and administration of the provisions of this section.
47-8-8. Licensing of petroleum products delivery companies. -- (a) (1) There shall be an annual license fee of one hundred dollars ($100) for each enterprise name used or involved in the delivery of petroleum products and a reapplication fee of five hundred dollars ($500) for each enterprise required to renew who fail to do so after the licensing date of August 1. All monies received under this section shall be deposited as general revenue. The application for a license to be issued and administered by the weights and measures division of the department of labor and training shall include:
(i) Certification of two million dollars ($2,000,000) liability insurance {ADD which shall include pollution liability broad form coverage ADD} or certification of self insurance.
(ii) Number of registered and unregistered delivery vehicles (including color, type of vehicle, and year and make of vehicle).
(iii) Statement that petroleum delivery vehicle identifications are in accordance with section397 of federal motor carriers safety regulations for the transportation of hazardous materials, including section397.21, entitled "Marking of Vehicles Operated by Private Carriers" including:
(A) Placarding in accordance with federal requirements.
(B) The name of the enterprise to whom the petroleum company license is issued, and the city or town in which the enterprise maintains its principal office or in which the vehicle or vehicles are customarily based.
(2) The markings specified in subsection (a)(1)(iii) must appear on both sides of the vehicle, and be in letters that contrast sharply in color with the background; and be readily legible during daylight hours from a distance of fifty feet (50') while the vehicle is stationary; and be kept and maintained in a manner that retains the legibility required. The marking may consist of a removable device, if that device meets the identification and legibility requirements of this paragraph, for a period not to exceed three (3) months after the registration of said vehicle.
(3) All meters of the vehicles listed on the application must be tested and sealed before the meters shall be used in any delivery of petroleum products. The meters shall be tolerance tested for compliance with the current year national institute of standards and technology handbook #44. Meters not in tolerance compliance shall be so marked in accordance with section 47-3-1 and subject to the fines as stated.
(b) (1) An enterprise so licensed shall be required to provide the wholesale petroleum terminals with proof of the fact that it is licensed prior to obtaining any petroleum products.
(2) An enterprise so licensed shall be required to use
(i) Said license number and
(ii) Enterprise name when advertising or offering for sale home heating fuels.
(c) (1) The director of the department of labor and training is authorized and empowered to promulgate rules and regulations for the enforcement and administration of the provisions of this chapter.
(2) The rules and regulations shall be promulgated as required to enforce this section.
SECTION 2. This act shall take effect upon passage.
This act would require that petroleum products delivery companies as well as owners of land or facilities used to store petroleum products or who owns or leases vehicles used to transport petroleum products for purposes of resale shall maintain a liability insurance policy which shall include pollution liability broad form coverage of no less than two million dollars ($2,000,000).
This act would take effect upon passage.
