S T A T E O F N E W Y O R K
________________________________________________________________________
2090
2013-2014 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 9, 2013
___________
Introduced by M. of A. CLARK, ZEBROWSKI, JAFFEE, WEPRIN -- Multi-Spon-
sored by -- M. of A. CERETTO, GOTTFRIED, SKARTADOS -- read once and
referred to the Committee on Economic Development
AN ACT to amend the general business law, in relation to requiring
alternative power sources for motor fuel facilities
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
396-bbb to read as follows:
S 396-BBB. ALTERNATIVE POWER SOURCES FOR MOTOR FUEL FACILITIES. 1.
FOR THE PURPOSES OF THIS SECTION:
(A) "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 SEVENTY-TWO HOURS; AND (II) GENERATED BY SOLAR OR WIND
POWER, OR FUEL THAT HAS A SULFUR CONTENT OF NO MORE THAN FIFTEEN PARTS
PER MILLION.
(B) "MOTOR FUEL" MEANS ANY PETROLEUM PRODUCT USED FOR THE PROPULSION
OF ANY MOTOR VEHICLE.
(C) "MOTOR FUEL FACILITY" MEANS A FACILITY THAT 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.
(D) "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.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07021-01-3
A. 2090 2
(E) "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. EVERY NEWLY CONSTRUCTED OR SUBSTANTIALLY RENOVATED MOTOR FUEL
FACILITY GIVEN A CERTIFICATE OF OCCUPANCY ON OR AFTER JANUARY FIRST, TWO
THOUSAND THIRTEEN 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. 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
FOUR OF THIS SECTION, SHALL COMPLY WITH ALL APPLICABLE LAWS AND REGU-
LATIONS, INCLUDING LOCAL CONSTRUCTION AND FIRE CODES.
4. EACH NEWLY CONSTRUCTED OR SUBSTANTIALLY RENOVATED MOTOR FUEL FACIL-
ITY GIVEN A CERTIFICATE OF OCCUPANCY ISSUED ON OR AFTER JANUARY FIRST,
TWO THOUSAND THIRTEEN SHALL BE CAPABLE OF OPERATING ALL FUEL PUMPS,
DISPENSING EQUIPMENT, LIFE SAFETY SYSTEMS AND PAYMENT ACCEPTANCE EQUIP-
MENT USING AN ALTERNATIVE GENERATED POWER SOURCE WITHIN TWENTY-FOUR
HOURS OF A POWER INTERRUPTION.
5. EACH PERSON WHO OWNS, LEASES, OPERATES OR OTHERWISE MANAGES OR
CONTROLS A MOTOR FUEL FACILITY SHALL MAINTAIN AT SUCH FACILITY DOCUMEN-
TATION OF THE INSTALLATION REQUIRED BY SUBDIVISION TWO OF THIS SECTION,
AS WELL AS ANY PERIODIC TESTING NECESSARY TO ENSURE THE OPERATIONAL
CAPABILITY OF SUCH INSTALLATION. SUCH DOCUMENTATION SHALL BE MADE AVAIL-
ABLE UPON REQUEST.
6. 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. This act shall take effect immediately.