BILL NUMBER: S8772A

SPONSOR: HARCKHAM
 
TITLE OF BILL:

An act to amend the agriculture and markets law, in relation to alter-
nate generated power source at retail gasoline outlets

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this legislation is to add the County of Putnam to the
Lower Mid-Hudson Region in relation to alternate generated power source
at gasoline outlets.

 
SUMMARY OF PROVISIONS:

Section 1.

The definition of the "Lower Mid-Hudson region" in the existing alter-
nate generated power source at gasoline outlets law (Section 192-h) is
amended to include Putnam county.

              

The definition of "retailer" is amended to add that any retail outlet
located in Putnam County shall only be subject to the requirements of
this law provided that funding and program services provided to other
counties in the past are available.

Section 2. Establishes the effective date.

 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):

In section 192-h of AGM, the retailer definition would be amended.

 
JUSTIFICATION:

After Superstorm Sandy, legislation was enacted that amended the Agri-
culture and Markets Law, initiating a program to provide assistance to
fuel stations in acquiring backup generators so that in an event such as
a major storm, they would be equipped with the power necessary to
provide residents with on-hand gasoline and diesel. By allowing these
residents to access this fuel for their own generators and transporta-
tion, the emergency would not be further exacerbated like it was during
Superstorm Sandy, when fuel stations had fuel but did not have the power
to get it to the customers.

Because Article 16 192-h (1) (f) defines the Downstate Lower Mid-HudSon
Region as Rockland and Westchester counties, excluding the County of
Putnam from this program. As you may know, Putnam County is a suburb
that houses many individuals, many that commute to New York City for
work, and it is an integral part of Downstate New York with many fuel
stations that can fill at least three cars simultaneously.  Not only is
Putnam County well-traveled by those commuting to NYC, it is also an
evacuation route. It is imperative that the stations in Putnam County
are able to provide fuel to the many backup generators operated by its
residents and businesses, and to those traveling along its evacuation
routes, residents and nonresidents alike.

It has been brought to our attention by those supporting this legis-
lation that in early 2014, the New York State Energy Research and Devel-
opment Authority conducted a Study to Assess the Need for Backup Gener-
ation at Upstate Retail Fuel Outlets (see: "NYSE RDA Final Report,
January 2014, report 14-01"). When writing about that study, John P.
O'Connor, Director of the Office of Emergency Management, County of
Putnam, stated, "Although being forced to refer to Putnam as "upstate"
presumably due to the aforementioned law, the study showed that in addi-
tion to being mission critical for the inhabitants to Putnam, out of the
53 critical fuel stations in the county, 7 are 0.5 miles or less from
Strategic Highways."

For these reasons, Putnam County must be added to subparagraph (ii) of
paragraph (f) of subdivision 1 of section 192-h of the Agriculture and
Markets Law.

 
PRIOR LEGISLATIVE HISTORY:

This is new legislation.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

There are no fiscal implications associated with the passage of this
legislation.

 
EFFECTIVE DATE:
This act shall take effect immediately.