MINUTES OF THE JANUARY 28, 2008 MEETING OF THE LIQUEFIED PETROLEUM GAS EDUCATION AND SAFETY BOARD

WILLIAM ASHBY DEPARTMENT OF COMMUNITY AFFAIRS BUILDING

Call to order: The meeting was called to order at 1:38 p.m. by Chairman William P. Curcio. The Pledge of Allegiance was then recited.

Board members present: William P. Curcio (Chairman), William Neill, Larry A. Horowitz, Gerard C. Stocker, Thomas A. Leahy, Gene Dougherty

Board members absent: William E. Rieger, Jr., Dianne McCarthy

Board member resigned: Paul T. Dansbach

Department staff present: Acting Bureau Chief Michael Baier, John Tomasone, Carrie Battista, Megan Sullivan Czyz, Amy Fenwick Frank

Members of the public present: None.

Agenda: Mr. Curcio asked that two items be added to New Business: Cabinet heaters and employee certification. With these additions, the agenda was approved without objection.

Public comments: None.

Approval of minutes: The minutes of the October 16, 2007 were approved without objection.

Committee Reports:

Awards: It was decided that the plaque honoring the late Joseph Cummings for his service as a member of the Board should be mailed to his widow and family with an appropriate cover letter.

There were no reports from the Licensing and Training, LPG Incident and Analysis, Regulation Redundancy Review or Public Education committees.

Mr. Neill asked that a list of the current committee assignments be sent to all members of the Board.

Old Business:

a. Consumer Bill of Rights: Draft rules and a template of consumer rights were included in the meeting packets for review and discussion. In response to a question for Mr. Curcio regarding the use of the template, Mr. Baier indicated that the template would be included as an appendix to the rules. Mr. Curcio then said that he would like a committee of the whole to meet in February to discuss the draft rules and template in preparation for action on this proposal at the March Board meeting. He asked that any questions be sent to Mr. Baier, via e-mail, in advance of the meeting.

b.Board vacancies and attendance: Mr. Dansbach has resigned. The fire service vacancy now has to be filled, as does the long-time vacancy for an environmentalist. The recommendation of Mike Merrill to fill the seat on the board formerly held by Mr. Cummings has been submitted to the Governor’s Office.

c. Committee review for NFPA-58: Mr. Stocker reported that the committee met on November 29, 2007. He asked whether it would be possible to obtain a preliminary draft rule from the Department and hold a second committee meeting on the same date in February when the Consumer Bill of Rights meeting is to take place. Mr. Baier responded that that could be done as the draft is nearly complete.

d. HVAC legislation/licensing: It was reported that this bill has been signed into law with the agreed upon exemption for LP Gas marketers. Mr. Baier then described a draft rule, included in the meeting packets that would require certification for those who touch any part of an LP Gas system. The rule makes reference to the Certified Employee Training Program (CETP) administered by the National Propane Gas Association. In reviewing the draft rule, Mr. Leahy pointed out that the basic principles and practices course is a prerequisite for the other courses. In response to a question from Mr. Neill regarding the exemption for homeowners performing their own work, Mr. Curcio pointed out that homeowners also can do their own electrical or plumbing work under those licensing laws. In response to a question from Mr. Stocker about an exemption for industrial applications, Mr. Baier responded that this is also addressed in the law. Mr. Curcio asked that Board members review this draft rule and send comments to Mr. Baier in advance of the March meeting.

e. Propane emergencies—training: There is no information on anypropane training program conducted at the Dempster Training Center in Lawrenceville last June. Mr. Curcio asked that this item be deleted from the agenda.

f. Permits for work associated with recertifying tanks: Mr. Baier made reference to a January 10, 2008 memorandum to the Board and attached materials contained in the meeting packets. He explained that minor work, under the Uniform Construction Code (UCC,) requires notification of the local enforcing agency, followed by a permit application. Mr. Curcio stated that changing the size of a container at the same location up to 120 gallons water capacity (w.c.) should be allowed under ordinary maintenance. He pointed out that NFPA 58 allows this up against the house. There was some discussion of the requirements for adding a tank. Mr. Baier explained that, if the addition of a tank involves a change in the piping arrangement, then a permit is needed under minor work. Changing the size of the container could be done without a permit provided that there is no distance issue created. It was agreed to separate installations below 120 gallons aggregate w.c. from those with greater than 120 gallons aggregate w.c. The Board members then asked that a bulletin be issued or that there be some other written communication with construction officials clearly stating when a permit is needed.

g. Temporary heat education: Mr. Baier reported that there is no pamphlet on this subject available from the National Propane Gas Association (NPGA) or the Propane Education and Research Council (PERC.) He did share with the Board some information from OSHA and safety precautions distributed by heater manufacturers. He suggested that the Department could develop some sort of safety pamphlet from this information. Messrs. Curcio and Stocker indicated that the content of the material included in the meeting packets was acceptable. Messrs. Curcio and Horowitz also thought that there was something on this subject in the old safety handbook that would be useful and offered to send it. Mr. Curcio reiterated that the goal is to have something simple on safety for construction sites. He asked that the Board members send their comments to Mr. Baier.

h. Increase in assessment: Mr. Leahy reported that the committee met and recommended going forward with the increase proposed by the Department. In response to a question on timing, Mr. Baier indicated that the Department would hope to have the increased assessment in place by July 1. Mr. Leahy made a motion, which was seconded by Mr. Neill, to approve the proposed rule to increase the assessment. All were in favor.

Mr. Neill thanked the staff for the report giving highlights of the last fiscal year which was provided to the committee. Mr. Leahy commented that the total gallons were down for various legitimate reasons. Mr. Dougherty asked whether there was any degree day correlation. Mr. Leahy reported that this was not done and that overall use was down. Mr. Curcio added that changes in industrial and manufacturing use and a reduction in agricultural use have contributed to this overall reduction.

New Business:

a. Cabinet heaters. Mr. Curcio reported that cabinet heaters are not vented and are used, with a 20 lb. cylinder, inside the house. He noted that bringing these cylinders inside is illegal and dangerous. The use of cabinet heaters currently is being researched by the National Propane Gas Association (NPGA) and the Propane Education and Research Council (PERC.) Mr. Horowitz made a motion, which was seconded by Mr. Leahy, directing staff to write a letter to PERC, on behalf of the Board, advising the members of PERC that the use of these cabinet heaters would not be allowed in New Jersey. All were in favor. In response to a question from Mr. Neill, Mr. Curcio indicated that none of these cabinet heaters is manufactured in the U.S.; they are all imported.

b. Employee certification. Mr. Curcio suggested that, in addition to the insurance renewal certificates required by the Department, the Department should also request that marketers provide annually a list of their employees by classification and their CETP training. It was agreed that the Department would request a list of employees, together with their duties and training, from each marketer annually.

Information:

Status of Rulemaking Activity. There was no activity since the last meeting.

Accident reports: Mr. Baier reported on two incidents. The first was in Hopatcong. Propane was not the cause; the gas was from relief valve discharge. The second was in Hackettstown ( Long Valley) and involved a person crushing and puncturing what he thought were empty tanks with a backhoe at a junkyard.

Board Comments: none

Next meeting: The next meeting is scheduled for March 18, 2008. Additional meeting dates for 2008 are May 20, 2008, October 21, 2008 and December 9, 2008.

Adjournment: The meeting adjourned at 2:55 p.m.

Respectfully submitted,

Amy Fenwick Frank, Secretary Pro Tem

 

MINUTES OF THE MARCH 18, 2008 MEETING OF THE LIQUEFIED PETROLEUM GAS EDUCATION AND SAFETY BOARD

WILLIAM ASHBY DEPARTMENT OF COMMUNITY AFFAIRS BUILDING

Call to order: The meeting was called to order at 1:32 p.m. by Chairman William P. Curcio. The Pledge of Allegiance was then recited, led by Mr. Leahy.

Board members present: William P. Curcio (Chairman), Larry A. Horowitz, Gerard C. Stocker, Gene Dougherty, Thomas A. Leahy

Board members absent: William E. Rieger, Jr. (Vice Chairman), William Neill, Dianne McCarthy

Department staff present: Director Cynthia A. Wilk, Acting Bureau Chief Michael Baier, Michael L. Ticktin, Amy Fenwick Frank, John Tomasone, Carrie Battista, Megan Sullivan Czyz

Members of the public present: Mike Merrill of Suburban Propane

Agenda: Mr. Curcio added an item to Old Business concerning propane emergency training and a item to New Business concerning a letter to the Rail Division of NJDOT. Thus amended, the agenda was approved without objection.

Public comments: None

Approval of minutes: The minutes of the January 28, 2008 meeting were approved without objection.

Committee Reports: None

Old Business:

a. Consumer Bill of Rights: The draft rule and template were approved on motion of Mr. Stocker, seconded by Mr. Leahy, with the following changes: (i) the word “new” was deleted before “customer” in 5:18-11.1(a), inasmuch as the statute does not distinguish between new and existing customers; (ii) the words “or plan” were inserted after “contract” in the title of 5:18-11.3; (iii) language was added to 5:18-11.2(b)3 and 4 to clarify the requirements for automatic and scheduled deliveries and to specify whether customers are obligated to inform marketers of changes in circumstances that might affect propane usage; and (iv) language was added to 5:18-11.6 to require that each marketer provide the Department with a copy of the consumer bill of rights that the marketer proposes to use. The template will be included as an appendix to the rules. Mr. Ticktin advised the board as to the procedural requirements for the filing of rules, including approval of the proposal by the Commissioner, approval by the Smart Growth Ombudsman and the Governor’s office, filing with the Office of Administrative Law (OAL), review of, and response to, any comments, approval of the adoption notice by the Commissioner, a second approval by the Governor’s office in the event of receipt of any adverse comments, and filing of the adoption notice with the OAL. The rule becomes effective upon publication of the adoption notice in the New Jersey Register, although a later operative date can be set.

b. Board vacancies and attendance: Ms. Battista reported that all required paperwork had been sent to the Governor’s office for appointments to the board. Meanwhile, all board members continue in a holdover capacity.

c. Committee review for NFPA 58: Mr. Stocker reported that the committee approved the draft proposal. The proposal was approved without objection on motion of Mr. Stocker, seconded by Mr. Horowitz.

d. Propane contractor certification: Proposal approved without objection on motion of Mr. Horowitz, seconded by Mr. Leahy.

e. UCC permits for work identified with recertifying tanks: Mr. Stocker said that the outline must define “container” as a DOT cylinder. Mr. Curcio disagreed, stating that ASME tanks must be included as well, and that it should depend on the size of the tank. Ms. Wilk said that the proposal only deals with code requirements about permitting. Mr. Curcio asked if that did not mean that a minor work permit would be necessary. Ms. Wilk said that a minor work permit would only be needed if the size of the tank were changed; otherwise, it would be ordinary maintenance. Mr. Curcio said that code requirements are the same for anything under 125 gallons. Mr. Baier stated that the position of the Code Assistance Unit is that any change involving a change in the size of the foot ring is minor work, since inspection is needed to make sure that the tank is properly supported. Mr. Curcio said that requiring a permit in such cases would be costly and time-consuming, and that the issue has not been a problem. Ms. Wilk said that the outline would make it clear that no pressure testing would be needed where there is no change to the piping arrangement. This document will be drafted as a Uniform Construction Code bulletin.

f. Temporary Heat education program: Mr. Curcio said that he will send material from the old safety handbook for use for this purpose.

g. Propane Emergency training: Mr. Curcio said that a letter should be sent to the county fire academies offering the educational program on propane. Ms. Wilk suggested that Larry Petrillo, Director of the Division of Fire Safety, be invited to the next meeting to discuss the issue. Mr. Curcio agreed with this suggestion and said that his concern is that a propane emergency course be added to the fire service curriculum.

New Business:

a. Grilling safety: The board agreed that the material put together on the subject last year should again be distributed.

b. DOT Rail Division: Mr. Curcio asked DCA to reach out to NJDOT to get them to accept CTEP certification. Ms. Wilk said that NJDOT is required to enforce Federal training requirements, but that we would reach out to them to discuss the matter.

Information:

a. Status of Rulemaking Activity: The assessment fee increase proposal appeared in the March 17, 2008 issue of the New Jersey Register. Comments are due by May 16, 2008.

b. Accidents: No accidents were reported.

c. Joseph Cummings Award: Ms. Wilk wrote a letter to Mrs. Beverly Cummings expressing sympathy for her loss, transmitting the plaque that the board had awarded to Mr. Cummings for his service, paying tribute to his service on the board and his contribution to public safety.

d. Cabinet heaters: Mr. Curcio said that most marketers are against cabinet heaters and PERC is not considering funding for any programs concerning them. Ms. Wilk wrote a letter to Richard R. Roldan, President and CEO of the NPGA and Roy W. Willis, President and CEO of the PERC, advising them that we regard the practice of bringing propane cylinders inside buildings as being a danger to public safety and have no intention of allowing it in New Jersey. She cited the tragic incident in which Deputy Fire Chief Jim DeHurn of New Brunswick was killed as a result of a rapid flash fire caused by propane cylinders stored in the building, and urged the two organizations to dedicate their resources to improving safety, rather than creating new safety issues, and to reconsider their support for installation of propane cabinet heaters and cylinders inside buildings.

Board Comments: None

Next meeting: The next meeting is scheduled for May 20, 2008. Meetings are tentatively scheduled for October 21, 2008 and December 9, 2008.

Adjournment: The meeting adjourned at 2:40 p.m.

Respectfully submitted,

Michael L. Ticktin, Board Secretary

 

MINUTES OF THE MAY 20, 2008 MEETING OF THE LIQUEFIED PETROLEUM GAS EDUCATION AND SAFETY BOARD

WILLIAM ASHBY DEPARTMENT OF COMMUNITY AFFAIRS BUILDING

Call to order: The meeting was called to order at 1:40 p.m. by Chairman William P. Curcio. The Pledge of Allegiance was then recited, led by Thomas. Leahy.

Board members present: William P. Curcio (Chairman), William E. Rieger, Jr. (Vice Chairman), Larry A. Horowitz, Gerard C. Stocker, Thomas A. Leahy

Board members absent: William Neill, Dianne McCarthy, Gene Dougherty

Department staff present: Director Cynthia A. Wilk, Acting Bureau Chief Michael Baier, Michael L. Ticktin, Amy Fenwick Frank, John Tomasone, William Kramer, Berit Osworth

Members of the public present: none

Agenda: Mr. Curcio proposed amending the agenda to allow Bill Kramer of the Division of Fire Safety to speak to the board concerning propane safety training for firefighters before other business. So amended, the agenda was approved without objection.

Public comments: None

Approval of minutes: The minutes of the March 18, 2008 meeting were approved without objection.

Committee Reports: None

Propane Safety Training for Firefighters: Mr. Curcio said that Mr. Kramer had been invited to speak with the board concerning the incorporation of propane safety training into fire academy training programs. Mr. Kramer said that 19 of the 21 counties currently have fire academies and that there was considerable county support for firefighter training, as evidenced by the establishment of new academies and the improvement of existing ones in recent years. The Division of Fire Safety would initiate the propane safety training program. Mr. Kramer asked how long the propane safety training program was, given that the training program for firefighter recruits is now 150 hours. Mr. Rieger said that it is two to eight hours, depending on the level of the audience. Mr. Kramer said that the academies are now training about 2,000 new firefighters every year, but that it would be more difficult to reach the 38,000 active firefighters who are not new recruits. He recommended in-house training, since it would be costly, especially in paid departments, to send firefighters elsewhere for training, due to the cost of overtime and of providing temporary replacements. Such in-house training, he said, should be broken down into one to two-hour sessions. Ms. Wilk suggested having a longer course at the annual fire service conference. Mr. Kramer said that this was a good idea. Mr. Curcio said that it was important to have a “train the trainer” program, so that those who have been trained can go back to their departments and train the everyone there over time. Ms. Wilk asked about having a “train the trainer” program for the fire academies. Mr. Kramer said that this had been done before and could be done for this program. Mr. Rieger said that the fire academies would do it if they served an area where propane was used, and that he would prefer to see it done through the academies.

Old Business:

a. Board vacancies and attendance: Ms. Wilk reported that information concerning reappointment of current board members and appointment of Mr. Merrill had again been sent to the Governor’s office, in response to their request. However, we have heard nothing further from them. Mr. Curcio said that we may have a person from the fire service who would be interested in filling that vacancy.

b. UCC permits for work identified with recertifying tanks: Mr. Baier said that the draft bulletin had been prepared and was ready for review by the board. Mr. Curcio said he would have it reviewed by a committee and would schedule a committee meeting for that purpose. He said that, once approved, it would be distributed to the industry by NJPGA. Mrs. Osworth presented the revised permit application form.

c. Temporary Heat education program: Information obtained by Mr. Curcio was distributed to the board. Mr. Curcio said that he had reviewed ordinances requiring the posting of buildings with signs saying “propane being used in construction” and raised the question of whether such signs should be required. Mr. Rieger said that such signs would help to alert firefighters of the potential hazard. Mr. Curcio pointed out that, while propane can be used inside during construction, it cannot be stored inside. Mr. Baier said that a brochure on the subject, once approved, would be distributed to contractors through propane suppliers. He said that there might be an issue as to whether persons using propane on a building site need to be certified under the new law. Ms. Wilk said that she thought not, based on the fact that the examples of equipment for which certification was required only included items that would be permanently installed in a building. She said that a more important issue is the use of propane in tents.

d. NJDOT – training requirements (CETP): Mr. Curcio said that this issue only arose because an official at NJDOT had said that CETP did not meet training requirements for rail transportation of propane. Subsequently, a higher official there determined that they did. The matter is therefore being held in abeyance.

e. Propane emergencies: This topic was covered in Mr. Kramer’s presentation and the ensuing discussion.

New Business: Mr. Curcio asked that the board write a letter to PERC to request that they place a moratorium on revisions to the CETP modules so as to give the industry a chance to digest what is already out there. Ms. Wilk said that we could recommend that they follow a schedule for periodic review and revision similar to what the model code organizations do. She said that the Department would prepare such a letter and send it to Mr. Curcio for his approval, and that the board could them be polled by telephone to see if the members approved sending it. This proposed course of action was approved without objection.

Information:

a. Status of Rulemaking Activity: The assessment fee increase proposal appeared in the March 17, 2008 issue of the New Jersey Register. No comments were received and the adoption notice has been sent to the Commissioner for approval and filing with the Office of Administrative Law for publication in the New Jersey Register.

Proposals concerning the Consumer Bill of Rights, NFPA 58 and propane contractor certification will appear in the June 16 th issue of the New Jersey Register.

b. Accidents: Mr. Baier reported that there was a propane fire at a shed in Rio Grande and an incident involving a truck in Lacey Township.

c. Travel reimbursement: Mr. Baier said that travel expense forms were due by the end of June

d. LPG Tanks and Anhydrous Ammonia: Mr. Rieger reported that persons using propane tanks for storing anhydrous ammonia for the illegal manufacture of methamphetamines have been returning those tanks to propane distributors, who may then be refilling them with propane. Since the anhydrous ammonia damages the service valve on the tank, re-use of such tanks for propane creates a serious hazard. Propane distributors must therefore check tanks for a blue-green stain or an ammonia odor, both of which are evidence of this misuse of the tanks, and must be alerted not to refill any tanks that have either or both of these indicia of such misuse. A safety alert from the NPGA on this subject was distributed to the board.

Board Comments: . Mr. Leahy protested the inadequacy of the 31 cents/mile reimbursement rate, pointing out that it is well below IRS guidelines.

Next meeting: The next meeting is scheduled for October 21, 2008. The meeting after that is scheduled for December 9, 2008.

Adjournment: The meeting adjourned at 3:22 p.m.

Respectfully submitted,

Michael L. Ticktin, Board Secretary

 

MINUTES OF THE OCTOBER 21, 2008 MEETING OF THE LIQUEFIED PETROLEUM GAS EDUCATION AND SAFETY BOARD

WILLIAM ASHBY DEPARTMENT OF COMMUNITY AFFAIRS BUILDING

Call to order: The meeting was called to order at 1:30 p.m. by Chairman William P. Curcio. The Pledge of Allegiance was then recited.

Board members present: William P. Curcio (Chairman), Larry A. Horowitz, Gerard C. Stocker, Thomas A. Leahy, William Neill, Gene Dougherty

Board members absent: William E. Rieger, Jr. (Vice Chairman), Dianne McCarthy

Department staff present: Director Cynthia A. Wilk, Acting Bureau Chief Michael Baier, John Tomasone, Thomas Pitcherello, Carrie Battista, Amy Fenwick Frank

Members of the public present: Michael Merrill, Suburban Propane, Anthony Gargani, New Jersey Plumbing Inspectors Association, Frank Brill, New Jersey Plumbing, Heating and Cooling Contractors, Mike Dolan, Jack Dolan & Sons Plumbing, New Jersey Plumbing, Heating and Cooling Contractors, Liz Moritz, New Jersey State League of Master Plumbers, Steve Rodzinak, New Jersey State League of Master Plumbers

Public comments: The plumbers’ representatives presented their concerns to the Board. Ms. Liz Moritz of the New Jersey State League of Master Plumbers requested clarification of applicability of the requirement for certification to perform propane service work to licensed master plumbers. She reminded the Board that plumbers already are regulated and that gas piping historically has been considered plumbing. She indicated that requiring a separate certification on top of the plumber’s license would be confusing and that imposing different requirements for propane and for natural gas piping would be cumbersome. She acknowledged that the statute does require certification for the installation of a water heater, but noted that a plumber’s license also is required for the installation of a water heater. She also questioned what enforcement action might be taken against an uncertified entity. She noted that the penalty provisions of the statute address only gas suppliers or marketers.

Mr. Frank Brill of the New Jersey Plumbing, Heating and Cooling Contractors reiterated that the plumbers already are a licensed profession. He noted that an additional certification is unnecessary and involves a possible added cost. He asked that the Board consider amending the rules to exempt licensed master plumbers and HVAC contractors from this requirement.

Mr. Anthony Gargani of the New Jersey Plumbing Inspectors Association expressed concern about the course requirement, prerequisites, qualifications, the examination and the cost. He also asked about continuing education requirements. He noted that a plumber’s license is required for any work on a potable water system and asserted that this should be the only license required to get a permit to perform this work.

Chairman Curcio then responded to the commenters. He indicated that the members of the LP gas industry are familiar with and share the concerns of the plumbers that regulation of the industry be under one board in one department. He explained briefly that the intent of the statute is twofold: to address customer concerns and to ensure the safety of work done in the field. He noted that the LP gas industry has the biggest liability exposure if there is a problem. He gave, as an example, appliances purchased from and installed by big box stores. He suggested putting a committee together to come up with clarifying language that would both satisfy the concerns raised by the representatives of the plumbers and ensure that the work is done by trained people. He asked that staff set up a meeting with a committee of the Board and representatives of the three organizations present at the meeting. The Chairman indicated that he would serve on this committee and appointed the following Board members: Mr. Dougherty, Mr. Horowitz and Mr. Leahy. He asked that a meeting be arranged before the December Board meeting.

Committee Reports: None

a. Uniform Construction Code (UCC)Permits for work associated with recertifying tanks: Mr. Baier reported that the committee met on October 17 to discuss the draft UCC bulletin. He reviewed the changes arising out of the committee meeting. There were some questions raised regarding how the bulletin addresses high capacity liquid transfer systems used for temporary heat. Typically, these are self-contained units on a trailer. It was agreed that the rules would need to be revised to address this. The bulletin accurately reflects what the rules currently say about systems used for temporary heat.

Mr. Stocker noted that there is an item missing from the bulletin. (Changing the size of above-ground cylinders where the water capacity of the replacement is 125 gallons or more.) Mr. Horowitz made a motion, which was seconded by Mr. Stocker to approve the bulletin with the addition of the missing item identified by Mr. Stocker. All were in favor. This draft bulletin will be considered by the Uniform Construction Code Advisory Board at its December 12 meeting.

The Chairman asked that a review of the regulations be included on the agenda for the May, 2009 meeting. This will include the question of the regulation of temporary heat installations raised during this discussion.

b. Temporary Heat Education Program: Mr. Curcio asked that this item be tabled until the next meeting. He said that insurance company representatives are requesting changes to the draft guidance. He said that he would work on a general guidance document on the safe use of propane for discussion at the December meeting. Mr. Horowitz noted that a document that local building departments could hand out to contractors would be helpful.

c. NJDOT – training requirements (CETP): Mr. Curcio reported that this issue has been resolved and should be removed from the agenda.

d. Propane emergencies: Mr. Horowitz reported that there is $5,000 available for materials and training.

e. CETP – Moratorium: Mr. Curcio stated that the numerous changes have become confusing. Ms. Wilk noted that the letter sent to PERC suggests a predictable schedule for changes. Mr. Merrill indicated that the numbers are being consolidated and that, in the long run, this will make more sense.

f. Toxic Catastrophe Prevention Act (TCPA) – Review: Mr. Curcio indicated that the comments of the industry on the rules will be passed on to the Deputy Commissioner of the Department of Environmental Protection. He also indicated that letters will be sent to legislators on this subject. The goal is to continue to have propane excluded from TCPA.

New Business:

 a. Consumer Bill of Rights – comments from Suburban Propane – The Board reviewed the comments received from Suburban Propane on the proposed rules. Item # 2 in the cover letter from Suburban asks that a distinction be made between commercial vs. residential customers. Ms. Wilk explained that the statute covers both and that substantive changes to the rules cannot be made upon adoption. Mr. Merrill asked that this be considered for a future changes to the rules. Item #8 in the letter asks that a term other than “bill of rights” be used because “bill of rights” is not used in the Act may have a connotation that is something other than what is intended. It was agreed to use the phrase “disclosure of customer rights and company policies.” Mr. Baier noted that a number of the other comments went to reformatting or reorganization of the proposed rule which is difficult to do upon adoption. A motion was made by Mr. Stocker and seconded by Mr. Leahy to accept the change identified above in response to the comments received and any of the other suggested changes accepted by the Department and to move forward with adoption of the rule. All were in favor.

 b. Rule Proposal – Annual Assessment - A draft rule proposal to increase the assessment was presented for the Board’s consideration. A motion was made by Mr. Horowitz and second by Mr. Dougherty to approve this proposed rule for publication. All were in favor. Ms. Wilk noted that only one more small increase in the assessment is possible under the statute.

c. R1 and R2 forms – Mr. Merrill suggested that the Board could go over the R1 and R2 forms/checklist to match them to the 2008 edition of NFPA 58. Mr. Curcio appointed a committee consisting of Mr. Stocker, Mr. Merrill and Mr. Neill to work with Mr. Tomasone to do this.

Information:

a. Status of Rulemaking Activity:

1. Consumer Bill of Rights – See item a. under New Business above.

2.NFPA 58 – It was noted that the Notice of Adoption of the new edition appeared in the New Jersey Register on October 6, 2008. It was agreed that a new booklet should be done at this time and should include the rules addressing disclosure of customer rights and company policies. It was suggested Mr. Baier attend the industry’s spring meeting to go over all of the changes to the rules.

3 . Propane Contractor Certification – It was noted that the Notice of Adoption appeared in the October 6, 2008 edition of the New Jersey Register.

b. Accidents: Mr. Baier reviewed the information on accidents included in the meeting packets. He noted that the Toronto incident involved a truck to truck transfer. Mr. Curcio asked that accidents be placed on the agenda for the December meeting. He stated that he would like to discuss the problem of taking propane out of a tank at a location. DOT imposes a restriction of up to 85 percent in a 500 gallon tank. Mr. Curcio said that consideration should be given to going to up to a 1,000 gallon tank. Review of the Little General Store Incident in West Virginia also was held until the next meeting.

Board Comments: There were no additional comments from Board members.

Next meeting: The next meeting is scheduled for December 16, 2008.

Adjournment: The meeting adjourned at 3:10 p.m.

Respectfully submitted,

Amy Fenwick Frank, Board Secretary Pro Tem