44th legislature - STATE OF NEW MEXICO - second session, 2000

RELATING TO LIQUIFIED PETROLEUM GASES; ENACTING A SECTION OF THE LPG AND CNG ACT PERTAINING TO RESPONSIBILITIES AND LIABILITY OF DISTRIBUTORS OF LIQUIFIED PETROLEUM GASES FOR GAS DISTRIBUTION EQUIPMENT.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. A new section of the LPG and CNG Act is enacted to read:

"[NEW MATERIAL] GAS DISTRIBUTION EQUIPMENT--RESPONSIBILITIES--DISTRIBUTOR LIABILITY.--

A. A distributor shall operate and maintain in safe, efficient and proper condition all of its gas distribution equipment up to and including the point of delivery into the piping owned by the consumer. Unless otherwise agreed in writing by the distributor and the consumer, the point of delivery shall be at the outflow side of the first stage regulator.

B. A consumer shall operate and maintain in safe, efficient and proper condition all gas distribution equipment that is not the responsibility of a distributor under Subsection A of this section.

C. A distributor who is found to be in compliance with Subsection A of this section is not liable for harm that is proximately caused by a defect, malfunction or improper operation of a liquified petroleum gas system owned or operated by or under the control of another person if:

(1) the distributor had no control over operation of the liquified petroleum gas system; and

(2) the distributor was not responsible for inspecting, repairing or replacing the liquified petroleum gas system pursuant to a written agreement.

D. As used in this section:

(1) "consumer" means any person or entity who purchases liquefied petroleum gases from a distributor;

(2) "distributor" means any person or entity engaged in the sale, marketing or distribution of liquefied petroleum gases; and

(3) "gas distribution equipment" means any containers, regulators, piping, valves, controls or appliances used or intended for use for the storage, distribution or use of liquefied petroleum gases."