Bill Text: NY A01114 | 2013-2014 | General Assembly | Introduced

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Bill Title: Requires retail food stores in cities having a population of one million or more to have alternative power sources.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2014-01-08 - referred to agriculture [A01114 Detail]

Download: New_York-2013-A01114-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1114
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced  by M. of A. HEASTIE -- read once and referred to the Commit-
         tee on Agriculture
       AN ACT to amend the agriculture and markets law, in relation to alterna-
         tive power sources for retail food stores located within cities having
         a population of one million or more
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1.  The agriculture and markets law is amended by adding a new
    2  section 251-z-3-1 to read as follows:
    3    S  251-Z-3-1.  ALTERNATIVE POWER SOURCES FOR RETAIL FOOD STORES WITHIN
    4  CITIES HAVING A POPULATION OF ONE MILLION OR MORE. 1. FOR  THE  PURPOSES
    5  OF THIS SECTION:
    6    A.  "TRANSFER  SWITCH" MEANS A QUICK CONNECT OR A SWITCHBOARD DESIGNED
    7  TO ALLOW A CONNECTION OF A MOBILE GENERATOR, OR OTHER ALTERNATIVE  POWER
    8  SOURCE, TO A RETAIL FOOD STORE, AS DEFINED AND REQUIRED BY THIS SECTION.
    9    B.  "FRONT-END  TRANSACTIONAL SYSTEM" MEANS THE OPERATION OF ALL ELEC-
   10  TRONIC PAYMENT DEVICES AT FOOD RETAIL STORES, INCLUDING BUT NOT  LIMITED
   11  TO  CASH REGISTERS, BARCODE SCANNING EQUIPMENT, CREDIT AND/OR DEBIT CARD
   12  MACHINES AND ELECTRONIC BENEFIT TRANSFERS (EBT).
   13    C. "ALTERNATIVE POWER SOURCE" MEANS A SOURCE OF ELECTRICAL POWER OTHER
   14  THAN A SOURCE THAT REQUIRES INTERCONNECTION  TO  THE  FACILITIES  OF  AN
   15  ELECTRIC  CORPORATION,  AS  DEFINED IN SECTION TWO OF THE PUBLIC SERVICE
   16  LAW, THAT IS: (I) CAPABLE OF PROVIDING ELECTRICAL POWER FOR  THE  OPERA-
   17  TION OF ALL FRONT-END TRANSACTIONAL SYSTEMS, EMERGENCY LIGHTING AND FIRE
   18  AND  SECURITY  SYSTEMS NECESSARY FOR THE SALE OF NON-PERISHABLE FOOD AND
   19  FOOD PRODUCTS, AS DEFINED BY SECTION TWO HUNDRED FIFTY-ONE-Z-TWO OF THIS
   20  ARTICLE, CONTINUOUSLY FOR A  MINIMUM  OF  TWENTY-FOUR  HOURS;  AND  (II)
   21  GENERATED  BY  SOLAR OR WIND POWER, OR FUEL THAT HAS A SULFUR CONTENT OF
   22  NO MORE THAN FIFTEEN PARTS PER MILLION.
   23    D. "EXECUTIVE DECLARATION" MEANS A DECLARATION ISSUED BY THE MAYOR  OF
   24  A  CITY HAVING A POPULATION OF ONE MILLION OR MORE DURING A POWER INTER-
   25  RUPTION THAT RETAIL FOOD STORES AFFECTED BY  A  POWER  INTERRUPTION  ARE
   26  REQUIRED  TO BE CAPABLE OF GENERATING ELECTRICAL POWER USING AN ALTERNA-
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04412-01-3
       A. 1114                             2
    1  TIVE POWER SOURCE PURSUANT TO SUBDIVISION THREE OF THIS SECTION.    SUCH
    2  DECLARATION  MAY  BE  ISSUED  BY  ANY  AGENCY OF SUCH CITY THAT HAS BEEN
    3  DESIGNATED BY SUCH MAYOR FOR THE PURPOSE OF ISSUING SUCH A DECLARATION.
    4    E. "RETAIL FOOD STORE" MEANS ANY ESTABLISHMENT OR SECTION OF AN ESTAB-
    5  LISHMENT,  LOCATED  WITHIN  A CITY HAVING A POPULATION OF ONE MILLION OR
    6  MORE, WHERE FOOD AND FOOD PRODUCTS ARE OFFERED TO THE CONSUMER  AND  ARE
    7  INTENDED FOR OFF-PREMISES CONSUMPTION, AND THAT EITHER CONSISTS OF TWEN-
    8  TY  THOUSAND  SQUARE  FEET  OR  MORE OF FLOOR SPACE OR HAS SIXTY OR MORE
    9  EMPLOYEES IN FULL AND/OR PART-TIME POSITIONS.
   10    F. "POWER INTERRUPTION" MEANS THE LOSS OF ELECTRICAL  POWER  FROM  THE
   11  FACILITIES  OF AN ELECTRIC CORPORATION, AS DEFINED IN SECTION TWO OF THE
   12  PUBLIC SERVICE LAW, TO A RETAIL FOOD STORE.
   13    2. NO LATER THAN JANUARY FIRST, TWO  THOUSAND  FIFTEEN,  EVERY  RETAIL
   14  FOOD STORE SHALL HAVE INSTALLED IN SUCH FACILITY AN APPROPRIATE TRANSFER
   15  SWITCH  AND  ALL  OTHER  ELECTRICAL  WIRING  NECESSARY TO EFFECTUATE THE
   16  TRANSFER OF POWER TO AN ALTERNATIVE POWER SOURCE.
   17    3. BEGINNING NO LATER THAN JANUARY FIRST, TWO THOUSAND FIFTEEN,  EVERY
   18  RETAIL  FOOD STORE AFFECTED BY A POWER INTERRUPTION SHALL, NO LATER THAN
   19  TWENTY-FOUR HOURS AFTER THE ISSUANCE OF AN EXECUTIVE DECLARATION OR SUCH
   20  LATER TIME AS SET FORTH IN SUCH DECLARATION, BE  CAPABLE  OF  GENERATING
   21  ELECTRICAL  POWER  USING  AN ALTERNATIVE POWER SOURCE TO OPERATE AT SUCH
   22  RETAIL FOOD STORE'S FRONT-END TRANSACTIONAL SYSTEMS, EMERGENCY  LIGHTING
   23  AND  FIRE  AND SECURITY SYSTEMS NECESSARY FOR THE SALE OF NON-PERISHABLE
   24  FOOD AND FOOD PRODUCTS.
   25    4. THE INSTALLATION AND MAINTENANCE OF  THE  TRANSFER  SWITCH  ("QUICK
   26  CONNECT")  AND  ALL  OTHER  ELECTRICAL  WORK NECESSARY TO EFFECTUATE THE
   27  TRANSFER OF POWER TO AN ALTERNATIVE POWER SOURCE, AS REQUIRED BY  SUBDI-
   28  VISION  TWO  OF  THIS  SECTION,  AND  THE  ALTERNATIVE  POWER SOURCE, AS
   29  REQUIRED BY SUBDIVISION THREE OF THIS SECTION,  SHALL  COMPLY  WITH  ALL
   30  APPLICABLE  LAWS  AND REGULATIONS, INCLUDING LOCAL CONSTRUCTION AND FIRE
   31  CODES.
   32    5. EACH PERSON WHO OWNS, LEASES,  OPERATES  OR  OTHERWISE  MANAGES  OR
   33  CONTROLS  A RETAIL FOOD STORE SHALL MAINTAIN AT SUCH FACILITY DOCUMENTA-
   34  TION OF THE INSTALLATION REQUIRED BY SUBDIVISION TWO OF THIS SECTION, AS
   35  WELL AS ANY PERIODIC TESTING NECESSARY TO ENSURE THE  OPERATIONAL  CAPA-
   36  BILITY OF SUCH INSTALLATION. SUCH DOCUMENTATION SHALL BE MADE AVAILABLE,
   37  UPON REQUEST, TO THE LOCAL EMERGENCY MANAGEMENT OFFICER.
   38    6.  THE  WILLFUL  FAILURE  OF ANY PERSON WHO OWNS, LEASES, OPERATES OR
   39  OTHERWISE MANAGES OR CONTROLS A RETAIL FOOD STORE TO COMPLY WITH ANY  OF
   40  THE  PROVISIONS  OF  THIS  SECTION  SHALL BE PUNISHABLE BY THE PENALTIES
   41  DESCRIBED IN ARTICLE THREE OF THIS CHAPTER, IN ADDITION TO THE PENALTIES
   42  DESCRIBED IN SECTION TWO HUNDRED FIFTY-ONE-Z-TEN  OF  THIS  ARTICLE.  IF
   43  SUCH FAILURE TO COMPLY RESULTS FROM THE BREAKDOWN OF OR ANY DAMAGE TO AN
   44  ALTERNATIVE POWER SOURCE, TRANSFER SWITCH OR ELECTRICAL WIRING NECESSARY
   45  TO  EFFECTUATE  THE  TRANSFER OF POWER TO AN ALTERNATIVE POWER SOURCE IN
   46  THE EVENT OF A POWER INTERRUPTION, THE FAILURE TO REPAIR OR REPLACE SUCH
   47  ALTERNATIVE POWER SOURCE, TRANSFER SWITCH OR ELECTRICAL WIRING WITHIN  A
   48  REASONABLE TIME SHALL CONSTITUTE WILLFUL CONDUCT.
   49    7.  NOTHING  IN  THIS  SECTION SHALL PRECLUDE THE APPLICATION OF LOCAL
   50  LAWS AND REGULATIONS, NOT INCONSISTENT WITH THIS SECTION, GOVERNING  THE
   51  INSTALLATION,  MAINTENANCE  AND  INSPECTION  OF,  AND OTHER REQUIREMENTS
   52  RELATING TO, ALTERNATIVE POWER SOURCES.
   53    S 2. This act shall take effect immediately.