Questions and Answers Regarding House Bill 2482
1. How should I notify OSFM that I am going to allow retail sales at my nonretail facility?
A simple email at least 90 days in advance stating you will be conducting retail sales at your nonretail facility or facilities will be sufficient. Please provide the address and the OSFM facility ID number of each facility that you will be conducting retail sales. The email address to send your notification to is OSFM.LP@OSFM.Oregon.Gov
2. If I convert my nonretail facility to a retail facility, how do I relinquish my non retail facility license?
Email or call us if you wish to change your Cardlock facility to a retail facility, so we can change the record in our database.
3. If I convert all my sites to retail, does that mean all my current written agreements with customers are void?
If a nonretail operator chooses to relinquish all of their licenses for their nonretail facilities located in Eastern Oregon low population counties and convert all those facilities to retail dispensing only, the operator may no longer enter into written agreements under ORS 480.345 for the purpose of affirmatively authorizing an individual or business as a nonretail customer. If current or future nonretail customers of a nonretail facility operator who converts all their sites to retail sales of class one flammable liquids in counties where self-serve is prohibited, those customers will need to enter into a written agreement with an operator who has a licensed nonretail facility in Oregon. ORS 480.345 (1), (6)
4. What is to keep an operator from signing up customers giving them access to nonretail facilities in counties where self-serve is still prohibited without written agreements and not reporting them to OSFM?
It is a violation of Oregon Revised Statutes and subject to civil penalties pursuant to ORS 480.345 to give customers access to dispense a class one flammable liquids and for a customer to dispense a class one flammable liquid in high population counties where selfservice is prohibited.
5. Will facilities converted to retail only sales be subject to fire and life safety inspections?
No. Therefore, OSFM would not be identifying deficiencies that are out of compliance with Oregon fire code. However, this does not release the operator from the requirement of maintaining the site in compliance with Oregon fire code and any other applicable requirements. The facility operator will be fully responsible to identify and correct any deficiencies.
6. Can Pacific Pride or CFN cards be provided to customers and used as a form of payment without them being a nonretail customer?
Neither the bill nor Oregon Revised Statute addresses form of payment. The key question is does the card allow the customer to have access to dispense class one flammable liquids in high population counties. If so, they would be required to meet all of the nonretail customer requirements.
7. How does HB 2482 affect my dual operations sites in low population counties?
Since HB 3011 from the 2015 session allowed self-serve at night at retail dispensaries in low population counties, and now HB 2482 allows it 24/7 in low population counties in Eastern Oregon, a time separation does not matter in the Eastern Oregon low population counties. Instead, if a site has dual operations - retail dispensers and cardlock dispensers that are separated by a distance - and the operator allows retail sales at the nonretail dispensers, an operator MUST notify OSFM at least ninety (90) days in advance of such sales taking place. (See question 1) A new license will not need to be issued under these circumstances.
8. Will audits continue to be conducted if I convert any or all of my sites to retail sales only?
If you continue to have any nonretail customers, audits will be conducted just I ike in the past. The audit requirements have not changed. If you convert all of your sites to retail only, then you are no longer participating in the cardlock program, therefore audits would not be conducted, and you would not be authorized to enter into written agreements under ORS 480.345 for the purpose of affirmatively authorizing an individual or business as a nonretail customer.
9. If I as an operator am not part of a fueling network (e.g. Pacific Pride or CFN), can I convert my site or sites to retail and keep my nonretail customers that have signed up with me?
Yes, if those customers do not have access to fuel in the high population counties. However, again, if a customer has access to dispense class one flammable liquids in high population counties, the customer must meet the nonretail customer requirements and the operator would have to have at least one nonretail facility licensed with our office.
10. Do I have to notify OSFM if I convert my nonretail facility to a retail facility?
The bill does not explicitly require notification for that scenario. However, you would need to relinquish the license for those sites by mailing the licenses to our office. (See question 2) This will help us identify what sites are no longer participating in the cardlock program and no longer subject to inspections.
11. Will OSFM enforce the new provisions in HB 2482?
Yes. ORS 480.385 (1) authorizes OSFM to impose civil penalties for violations of ORS 480.315 to 480.385. Since this bill amends ORS 480.341, enforcing the new provisions is within the scope of our authority.
12. If I am a fueling network franchisee ( e.g. Pacific Pride or CFN) who is located outside of Oregon and I do not have any nonretail facilities in Oregon, do I need to limit where my cardlock customers can self-serve class one flammable liquids to only the low population counties in Oregon?
At a minimum, we would hope these franchisees educate their cardlock customers about the prohibition to self-serve class one flammable liquids in Oregon and encourage them to comply with Oregon law. If there is the ability to limit where the cardlock cards can activate dispensers in Oregon, it would be ideal to limit the access to class one flammable liquids to only the Eastern Oregon low population counties.
13. If I am the operator of a retail or nonretail facility in Oregon and at the same site address retail services, other than goods or services for maintaining, repairing, or cleaning a vehicle are present but operated by another business entity who is leasing space from me and is not associated with the dispensing operations, does someone need to be available to dispense fuel?
No. The bill does not address this scenario and OSFM does not believe that was the intent of the legislation. Therefore, OSFM would not expect someone to be available to dispense fuel under these circumstances.