Chapter 901:4-3 | Propane Council

Rule 901:4-3-01 | Definitions - propane council.

• Effective: May 26, 2026
• Promulgated Under: 119.03

As used in this chapter:

(A) "Director" means the director of the Ohio department of agriculture or designee.

(B) "Propane" means liquefied petroleum gas, a material with a vapor pressure not exceeding that of commercial propane composed predominately of the following hydrocarbons or mixtures:

(1) Propane;

(2) Propylene;

(3) Butane;

(4) Butylene.

(C) "Propane council" or "council" means the propane council created under section 936.02 of the Revised Code.

(D) "Retailer" means a person engaged primarily in the sale of odorized propane to the ultimate consumer or to a retail propane dispenser.

(E) "Wholesale distributor" means a person whose primary business involves the sale of propane to a retailer.

Last updated May 26, 2026 at 7:58 AM

Supplemental Information

Authorized By: 936.02
Amplifies: 936.01
Five Year Review Date: 5/26/2031

Rule 901:4-3-02 | Terms for propane council members.

• Effective: September 23, 2021
• Promulgated Under: 119.03

(A) The initial members of the propane council will be assigned a length of term in order to provide staggered terms.

(B) A propane council member may serve up to three consecutive full three-year terms.

Last updated March 6, 2026 at 12:29 PM

Supplemental Information

Authorized By: 936.02
Amplifies: 936.02
Five Year Review Date: 2/5/2031

Rule 901:4-3-03 | Meetings of the propane council.

• Effective: May 26, 2026
• Promulgated Under: 119.03

(A) The propane council will meet at least four times per year.

(B) Notice of meetings: Date, time, and location of scheduled meetings will be posted on the Ohio department of agriculture website, www.agri.ohio.gov.

(C) Special meetings may be called by the chairperson. A special meeting shall not be held unless at least twenty-four hours advance notice has been provided to any person who has requested to be notified, including any news media that have requested notification, except in the event of an emergency requiring immediate official action. In the event of an emergency, the chairperson shall immediately notify any person who has requested to be notified, including the news media that have requested notification. Anytime a special meeting or emergency meeting is scheduled, the meeting notice will include the date, time, location, and purpose of the meeting.

(D) A simple majority of the nine members of the council shall constitute a quorum. A simple majority of concurring votes of the quorum shall be required to pass any motion or approve any committee action. The committee shall follow accepted rules of parliamentary procedure.

(E) Pursuant to division (B) of section 936.10 of the Revised Code, at least once in every five years of operation, the council, with assistance from the director, will give public notice of this rule and conduct a hearing under division (C) of section 119.03 of the Revised Code to consider the continuation of the program.

(1) Public notice of hearing will be filed with the director of the legislative service commission for the purpose of publishing the public notice on the register of Ohio's website, https://www.registerofohio.state.oh.us/. In addition, the public notice of hearing will be posted on the Ohio department of agriculture's website, www.agri.ohio.gov.

(2) Pursuant to division (C) of section 936.10 of the Revised Code, the propane council will within thirty days after the close of any hearing, consider the continuation of this marketing program, recommend continuation or termination of the program, and give public notice of the recommendation by publication on the register of Ohio's website, https://www.registerofohio.state.oh.us. In addition, the propane council will provide notice of the recommendation of the continuance or termination of the marketing program to any person who, in writing, has requested notification and will forward the recommendation to the Ohio department of agriculture with a request that it be posted on the Ohio department of agriculture's website at https://agri.ohio.gov/divisions/markets/resources/commoditymarketingprograms.

Last updated May 26, 2026 at 7:59 AM

Supplemental Information

Authorized By: 936.02
Amplifies: 936.02, 936.03
Five Year Review Date: 5/26/2031
Prior Effective Dates: 9/23/2021

Rule 901:4-3-04 | Funding of and collecting funds for the propane council.

• Effective: September 23, 2021
• Promulgated Under: 119.03

(A) Each wholesale distributor or other owner of propane at the time of odorization in Ohio, or at the time of import of odorized propane into Ohio, shall make and collect an assessment based on the volume of odorized propane sold and placed into commerce in Ohio. Each wholesale distributor shall separately identify and itemize the assessment on an invoice, bill of sale, or other similar billing document given to a retailer for the sale of odorized propane.

(B) Each wholesale distributor shall:

(1) Collect the assessment from the retailer to whom the sale is made;

(2) Remit to the council the sum of the amount of the assessment multiplied by the number of gallons of propane sold to any retailer during the preceding quarter not later than the twenty-fifth day of the month following the end of the prior quarter;

(3) Keep records of the number of gallons sold to retailers, indicating the number of gallons, name of retailer, and the rate of the assessment; and

(4) Make records available to the council to determine compliance with the program.

(C) The council shall:

(1) Keep the records confidential; and

(2) Not disclose the records except to the council's accountants, attorneys, or financial advisors without a court order directing the council to do so.

Last updated March 6, 2026 at 12:29 PM

Supplemental Information

Authorized By: 936.02
Amplifies: 936.08
Five Year Review Date: 2/5/2031

Rule 901:4-3-05 | Account of assessments.

• Effective: May 26, 2026
• Promulgated Under: 119.03

(A) Assessments or payments received from retailers with delinquent accounts will have the assessments or payments credited to the most delinquent accounts, including partial assessments or payments. Delinquent accounts include assessments past due, interest, and all costs incurred by the propane council.

(B) When an administrative or accounting error occurs, any retailer from whom an assessment has been collected shall be entitled to request and receive a refund up to the amount of assessment, subject to submitting a properly completed refund request on a form provided by the council which has been approved by the director.

(C) Each request for a refund shall contain the following:

(1) Retailer's name and mailing address;

(2) Amount and date of the assessment;

(3) Copy of receipt showing the volume of odorized propane purchased by the retailer from the wholesale distributor; and

(4) Any other information required by the propane council for issuing the refund.

(D) Each request for a refund must be received no later than thirty days from the date of sale.

(E) Payment of refund must be made as soon as possible, but no later than thirty days from receipt of the refund request.

Last updated May 26, 2026 at 7:58 AM

Supplemental Information

Authorized By: 936.02
Amplifies: 936.08
Five Year Review Date: 5/26/2031
Prior Effective Dates: 9/23/2021

Rule 901:4-3-06 | Removal of a member of the propane council.

• Effective: May 26, 2026
• Promulgated Under: 119.03

A member of the council may be removed if any one of the following occurs:

(A) The member has three consecutive unexcused absences from committee meetings. Unexcused absences are to be defined at the discretion of the council.

(B) The member ceases being a gas retailer, gas wholesale distributor, or a gas equipment dealer.

(C) The member engages in conduct that violates the laws of the state of Ohio, and a quorum present votes to dismiss that member.

Last updated May 26, 2026 at 7:58 AM

Supplemental Information

Authorized By: 936.02
Amplifies: 936.02
Five Year Review Date: 5/26/2031