Oregon gas pumping bill: Residents can now pump their own gas

Mar 06, 2024

For the first time in more than 70 years, Oregonians in every county can pump their own gas.

Gov. Tina Kotek has signed House Bill 2426 into law, allowing self-serve gas at stations across the state for the first time since 1951.

With her signature, New Jersey is now the only state in the United States that prohibits drivers from pumping their own gas.

The law goes into effect immediately, but residents won't be forced to start pumping. The law states that stations may allow self-service, but they don't have to. And many must still have attendants available for at least half the pumps.

Rep. Shelly Boshart-Davis, R-Albany, one of the chief sponsors of the bipartisan effort, celebrated the bill's signage.

"Not only do Oregonians want the freedom to choose whether they can pump their own gas, but this also provides critical relief to small businesses struggling with the ongoing labor shortage," Boshart-Davis said in a statement. "This legislation provides a common-sense solution by protecting gas attendants' jobs and Oregonians' access to fuel.

Despite signing the bill, Kotek sent a letter to =Senate President Rob Wagner, D-Lake Oswego, and House Speaker Dan Rayfield, D-Corvallis, expressing "concerns" with enforcement of the new law and encouraging lawmakers to consider strengthening the complaint and enforcement process in 2024's legislative session.

Kotek said her office received more than 5,000 comments from Oregonians about the bill and that support for her signature was a narrow majority.

"I have concerns about potential unintended negative consequences for individuals who want or need assistance from an attendant," Kotek wrote.

She noted a complaint-based enforcement process written in the bill that places "the onus on impacted individuals" to report violations and an unclear enforcement process once a complaint is made. Kotek added that widespread violation of the required attendant provision would undermine the intent of the bill.

Oregon passed its dispensing law in 1951. At the time, many states had similar laws in place. But as gas pump technology and safety improved, other states overturned their laws. Oregon's remained in effect despite numerous efforts to change it.

The statute lists 17 reasons for the self-service ban, including fire hazard safety, higher insurance liability rates, accommodation for people with disabilities, exposure to toxic fumes, and the addition of fuel attendant jobs, especially for young people.

In 2018, the Legislature passed a law allowing self-service gas 24 hours a day, but only in rural counties. Self-service was also temporarily allowed during the COVID-19 pandemic and in 2021 during extreme heat in the state.

This new law applies statewide but includes some restrictions for the state's 16 non-rural counties, including Marion, Polk and Lane counties.

If a station in a nonrural county chooses to offer self-serve gas, it still must keep half its pumps as full-service, giving drivers to option to have an attendant fill up their tank as usual.

Stations will also be required to have signs identifying self-serve versus attended service pumps.

The price must be the same for both self-serve and attended service.

Implementation will vary from station to station with some offering the option right away and others waiting to ensure additional time to transition.

At the Costco Gast Station on 27th Avenue in Salem, attendants on Friday were already letting customers know that self-serve was now an option and had opened up two rows for those opting to pump their own fuel.

At the ARCO gas station on Commercial Street in Salem, manager Mo Mustafa said their location would be waiting to implement the law in the coming days, preparing signage and fully setting guidelines for staff.

In Creswell, Bill Spencer said his 76 Station would begin offering self-serve next week to make sure his staff are well trained and avoid confusion for customers.

He said his biggest concern was maintaining a fast speed of service, especially with customers now having to go to a cashier to receive authorization at self-serve pumps if they are paying with cash.

Self-service gas has been available in many rural counties already.

For rural counties with populations of fewer than 40,000 people, the bill allows self-serve gas to be provided at all hours. Those 20 rural counties are: Baker, Clatsop, Crook, Curry, Gilliam, Grant, Harney, Hood River, Jefferson, Klamath, Lake, Malheur, Morrow, Sherman, Tillamook, Umatilla, Union, Wallowa, Wasco and Wheeler.

Penalties for stations that fail to comply with the rules outlined in the bill will begin in March 2024 and will be monitored and enforced by the Oregon State Fire Marshal’s Office.

The Oregon State Fire Marshal's Office has added a section on its website dedicated to information about self-serve fueling.

More answers to frequently asked questions are available at choiceatthepump.com/.

Dianne Lugo covers the Oregon Legislature for the Statesman Journal. Reach her at [email protected] or on Twitter at @diannelugo.