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Propane industry warns Senate committee that 3,000-foot setback proposal would cripple retail availability; bill carried over
Summary
Senate Bill 320, introduced after a recent propane-related incident, would restrict where LP cylinders may be filled near hospitals, schools and other public gathering places; industry witnesses warned the proposed 3,000-foot setback in the draft language would disrupt retail availability and emergency preparedness.
Senate Bill 320, introduced by Senator Linda Weaver (absent from the hearing due to a family emergency, according to the chair), seeks to restrict where LP (propane) cylinders may be filled, based on distance from hospitals, schools, churches, athletic fields and other places of public gathering. Committee members heard extensive opposition testimony from propane industry stakeholders during a public hearing.
Allison Kenny, representing the Alabama Propane Gas Association, told the committee the bill as drafted ‘‘prohibits an LP cylinder [from being filled] 3,000 feet from a hospital.’’ Kenny said many hospitals rely on LP-powered generators during power outages and that typical industry safety setbacks are 25 to 50 feet, not thousands of feet. "This distance really will limit access that many Alabamians have for these tanks that they use for a variety of things for their families," she said.
Laurel Bunn, executive director of the Alabama Propane Gas Association, questioned the bill’s definitions and scope. "Does this bill include cage cylinder exchanges that can be found on almost every corner across the state? These facilities are critical during hurricanes and emergencies and are critical components necessary for disaster relief efforts," Bunn said. She also warned the measure could run afoul of a state provision described in testimony as an "energy choice" protection: "If you create restrictions that prohibit distribution and storage in certain areas, then you're restricting people's ability to use a covered energy source."
Industry witnesses further told the committee that the propane sector is regulated by standards in National Fire Protection Association (NFPA) 54 and 58 and by the Alabama LP Gas Board, and that those standards govern storage, filling, handling and transportation. One witness said the LP Gas Board adopted the 2020 editions of NFPA 54 and 58 and has authority to enforce and correct violations.
Bart Fletcher, representing the Petroleum and Convenience Marketers of Alabama, said the bill’s broad setback could make retail cylinder-exchange boxes—commonly sited at convenience stores and retail outlets—effectively illegal in many populated areas. "You'd have to drive through all of Central Alabama 10 times to get 3,000 feet," he said, arguing the restriction would eliminate routine retail availability.
Committee members asked the industry how common incidents like the recent March 28 event are; witnesses said such events are rare. One industry representative described the recent event as a contained fire with a few cylinders that detonated and said it was one of perhaps three similar incidents in the past 10–20 years.
Committee leaders did not take a vote on the bill during the hearing. The chair said he was carrying the bill over so Weaver could continue negotiations with stakeholders and refine definitions and distances.
The hearing record shows multiple industry factions opposed to the current draft; the committee left the measure pending further negotiation.
