S T A T E O F N E W Y O R K
________________________________________________________________________
1839
2013-2014 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 9, 2013
___________
Introduced by M. of A. GIBSON, COOK -- read once and referred to the
Committee on Cities
AN ACT to amend the general business law and the penal law, in relation
to requiring alternative power sources for motor fuel facilities
located within cities having a population of one million or more and
creating a class A misdemeanor for willful failure to install an
appropriate transfer switch
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The general business law is amended by adding a new section
399-eee to read as follows:
S 399-EEE. ALTERNATIVE POWER SOURCES FOR MOTOR FUEL FACILITIES WITHIN
CITIES HAVING A POPULATION OF ONE MILLION OR MORE. 1. FOR THE PURPOSES
OF THIS SECTION:
(A) "TRANSFER SWITCH" MEANS A QUICK CONNECT OR A SWITCHBOARD DESIGNED
TO ALLOW CONNECTION OF A MOBILE GENERATOR, OR OTHER ALTERNATIVE POWER
SOURCE, TO A MOTOR FUEL FACILITY, AS DEFINED AND REQUIRED BY THIS
SECTION.
(B) "ALTERNATIVE POWER SOURCE" MEANS A SOURCE OF ELECTRICAL POWER
OTHER THAN A SOURCE THAT REQUIRES INTERCONNECTION TO THE FACILITIES OF
AN ELECTRIC CORPORATION, AS DEFINED IN SUBDIVISION THIRTEEN OF SECTION
TWO OF THE PUBLIC SERVICE LAW, THAT IS: (I) CAPABLE OF PROVIDING ELEC-
TRICAL POWER FOR THE OPERATION OF ALL FUEL PUMPS AND ANY OTHER POWER
LOADS NECESSARY FOR THE DISPENSING AND SALE OF MOTOR FUEL CONTINUOUSLY
FOR A MINIMUM OF TWENTY-FOUR HOURS; AND (II) GENERATED BY SOLAR OR WIND
POWER, OR FUEL THAT HAS A SULFUR CONTENT OF NO MORE THAN FIFTEEN PARTS
PER MILLION.
(C) "EXECUTIVE DECLARATION" MEANS A DECLARATION ISSUED BY THE MAYOR OF
A CITY HAVING A POPULATION OF ONE MILLION OR MORE DURING A POWER INTER-
RUPTION THAT MOTOR FUEL FACILITIES AFFECTED BY A POWER INTERRUPTION ARE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01994-01-3
A. 1839 2
REQUIRED TO BE CAPABLE OF GENERATING ELECTRICAL POWER USING AN ALTERNA-
TIVE POWER SOURCE PURSUANT TO SUBDIVISION THREE OF THIS SECTION. SUCH
DECLARATION MAY BE ISSUED BY ANY AGENCY OF SUCH CITY THAT HAS BEEN
DESIGNATED BY SUCH MAYOR FOR THE PURPOSE OF ISSUING SUCH A DECLARATION.
(D) "MOTOR FUEL" MEANS ANY PETROLEUM PRODUCT USED FOR THE PROPULSION
OF ANY MOTOR VEHICLE.
(E) "MOTOR FUEL FACILITY" MEANS A FACILITY THAT: (I) IS USED FOR THE
PURPOSE OF OFFERING MOTOR FUEL FOR SALE AT RETAIL TO THE PUBLIC OR FOR
THE PURPOSE OF RECEIVING, STORING, HANDLING, OR TRANSFERRING MOTOR FUEL;
(II) HAS A STORAGE CAPACITY OF AT LEAST TWENTY-FIVE THOUSAND GALLONS OF
MOTOR FUEL; AND (III) IS LOCATED WITHIN A CITY HAVING A POPULATION OF
ONE MILLION OR MORE. "MOTOR FUEL FACILITY" SHALL NOT INCLUDE AN AUTOMO-
BILE DEALERSHIP OR ANY FACILITY THAT SELLS OR PROVIDES MOTOR FUEL EXCLU-
SIVELY TO A FLEET OF TEN OR MORE MOTOR VEHICLES OWNED OR LEASED BY A
SINGLE PERSON.
(F) "POWER INTERRUPTION" MEANS THE LOSS OF ELECTRICAL POWER FROM THE
FACILITIES OF AN ELECTRIC CORPORATION, AS DEFINED IN SUBDIVISION THIR-
TEEN OF SECTION TWO OF THE PUBLIC SERVICE LAW, TO A MOTOR FUEL FACILITY.
2. NO LATER THAN JANUARY FIRST, TWO THOUSAND FIFTEEN, EVERY MOTOR FUEL
FACILITY SHALL HAVE INSTALLED IN SUCH FACILITY AN APPROPRIATE TRANSFER
SWITCH AND ALL OTHER ELECTRICAL WIRING NECESSARY TO EFFECTUATE THE
TRANSFER OF POWER TO AN ALTERNATIVE POWER SOURCE.
3. BEGINNING NO LATER THAN JANUARY FIRST, TWO THOUSAND FIFTEEN, EVERY
MOTOR FUEL FACILITY AFFECTED BY A POWER INTERRUPTION SHALL, NO LATER
THAN TWENTY-FOUR HOURS AFTER THE ISSUANCE OF AN EXECUTIVE DECLARATION OR
SUCH LATER TIME AS SET FORTH IN SUCH DECLARATION, BE CAPABLE OF GENERAT-
ING ELECTRICAL POWER USING AN ALTERNATIVE POWER SOURCE TO OPERATE AT
SUCH MOTOR FUEL FACILITY ALL FUEL PUMPS AND ANY OTHER POWER LOADS NECES-
SARY FOR THE DISPENSING AND SALE OF MOTOR FUEL.
4. THE INSTALLATION AND MAINTENANCE OF THE TRANSFER SWITCH AND ALL
OTHER ELECTRICAL WORK NECESSARY TO EFFECTUATE THE TRANSFER OF POWER TO
AN ALTERNATIVE POWER SOURCE, AS REQUIRED BY SUBDIVISION TWO OF THIS
SECTION, AND THE ALTERNATIVE POWER SOURCE, AS REQUIRED BY SUBDIVISION
THREE OF THIS SECTION, SHALL COMPLY WITH ALL APPLICABLE LAWS AND REGU-
LATIONS, INCLUDING LOCAL CONSTRUCTION AND FIRE CODES.
5. EACH PERSON WHO OWNS, LEASES, OPERATES OR OTHERWISE MANAGES OR
CONTROLS A MOTOR FUEL TERMINAL FACILITY SHALL MAINTAIN AT SUCH FACILITY
DOCUMENTATION OF THE INSTALLATION REQUIRED BY SUBDIVISION TWO OF THIS
SECTION, AS WELL AS ANY PERIODIC TESTING NECESSARY TO ENSURE THE OPERA-
TIONAL CAPABILITY OF SUCH INSTALLATION. SUCH DOCUMENTATION SHALL BE MADE
AVAILABLE, UPON REQUEST, TO THE LOCAL EMERGENCY MANAGEMENT OFFICER.
6. (A) THE WILLFUL FAILURE OF ANY PERSON WHO OWNS, LEASES, OPERATES OR
OTHERWISE MANAGES OR CONTROLS A MOTOR FUEL FACILITY TO COMPLY WITH ANY
OF THE PROVISIONS OF THIS SECTION SHALL BE A CLASS A MISDEMEANOR. IF
SUCH FAILURE TO COMPLY RESULTS FROM THE BREAKDOWN OF OR ANY DAMAGE TO AN
ALTERNATIVE POWER SOURCE, TRANSFER SWITCH OR ELECTRICAL WIRING NECESSARY
TO EFFECTUATE THE TRANSFER OF POWER TO AN ALTERNATIVE POWER SOURCE IN
THE EVENT OF A POWER INTERRUPTION, THE FAILURE TO REPAIR OR REPLACE SUCH
ALTERNATIVE POWER SOURCE, TRANSFER SWITCH OR ELECTRICAL WIRING WITHIN A
REASONABLE TIME SHALL CONSTITUTE WILLFUL CONDUCT.
(B) THE PROVISIONS OF THIS SECTION SHALL BE ENFORCED BY OFFICERS OR
EMPLOYEES OF ANY GOVERNMENTAL AGENCY DESIGNATED BY THE MAYOR OF A CITY
HAVING A POPULATION OF ONE MILLION OR MORE, IN ADDITION TO ANY ENFORCE-
MENT PERSONNEL AUTHORIZED TO ENFORCE SUCH PROVISIONS IN ACCORDANCE WITH
ANY STATE OR LOCAL LAW.
A. 1839 3
7. NOTHING IN THIS SECTION SHALL PRECLUDE THE APPLICATION OF LOCAL
LAWS AND REGULATIONS, NOT INCONSISTENT WITH THIS SECTION, GOVERNING THE
INSTALLATION, MAINTENANCE AND INSPECTION OF, AND OTHER REQUIREMENTS
RELATING TO, ALTERNATIVE POWER SOURCES.
S 2. The penal law is amended by adding a new section 270.40 to read
as follows:
S 270.40 WILLFUL FAILURE TO INSTALL AN APPROPRIATE TRANSFER SWITCH.
A PERSON IS GUILTY OF WILLFUL FAILURE TO INSTALL AN APPROPRIATE TRANS-
FER SWITCH WHEN, AS ACTING AS OWNER, LESSEE, OPERATOR OF OR OTHERWISE
MANAGING OR CONTROLLING A MOTOR FUEL FACILITY, AS DEFINED BY PARAGRAPH
(E) OF SUBDIVISION ONE OF SECTION THREE HUNDRED NINETY-NINE-EEE OF THE
GENERAL BUSINESS LAW, SUCH PERSON FAILS TO COMPLY WITH ANY OF THE
PROVISIONS OF SECTION THREE HUNDRED NINETY-NINE-EEE OF THE GENERAL BUSI-
NESS LAW.
WILLFUL FAILURE TO INSTALL AN APPROPRIATE TRANSFER SWITCH IS A CLASS A
MISDEMEANOR.
S 3. This act shall take effect on the first of November next succeed-
ing the date on which is shall have become a law.