S T A T E O F N E W Y O R K
________________________________________________________________________
8023
2011-2012 Regular Sessions
I N A S S E M B L Y
May 27, 2011
___________
Introduced by M. of A. GIBSON -- 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:
1 Section 1. The general business law is amended by adding a new section
2 399-eee to read as follows:
3 S 399-EEE. ALTERNATIVE POWER SOURCES FOR MOTOR FUEL FACILITIES 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 CONNECTION OF A MOBILE GENERATOR, OR OTHER ALTERNATIVE POWER
8 SOURCE, TO A MOTOR FUEL FACILITY, AS DEFINED AND REQUIRED BY THIS
9 SECTION.
10 (B) "ALTERNATIVE POWER SOURCE" MEANS A SOURCE OF ELECTRICAL POWER
11 OTHER THAN A SOURCE THAT REQUIRES INTERCONNECTION TO THE FACILITIES OF
12 AN ELECTRIC CORPORATION, AS DEFINED IN SUBDIVISION THIRTEEN OF SECTION
13 TWO OF THE PUBLIC SERVICE LAW, THAT IS: (I) CAPABLE OF PROVIDING ELEC-
14 TRICAL POWER FOR THE OPERATION OF ALL FUEL PUMPS AND ANY OTHER POWER
15 LOADS NECESSARY FOR THE DISPENSING AND SALE OF MOTOR FUEL CONTINUOUSLY
16 FOR A MINIMUM OF TWENTY-FOUR HOURS; AND (II) GENERATED BY SOLAR OR WIND
17 POWER, OR FUEL THAT HAS A SULFUR CONTENT OF NO MORE THAN FIFTEEN PARTS
18 PER MILLION.
19 (C) "EXECUTIVE DECLARATION" MEANS A DECLARATION ISSUED BY THE MAYOR OF
20 A CITY HAVING A POPULATION OF ONE MILLION OR MORE DURING A POWER INTER-
21 RUPTION THAT MOTOR FUEL FACILITIES AFFECTED BY A POWER INTERRUPTION ARE
22 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.
LBD11269-02-1
A. 8023 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 (D) "MOTOR FUEL" MEANS ANY PETROLEUM PRODUCT USED FOR THE PROPULSION
5 OF ANY MOTOR VEHICLE.
6 (E) "MOTOR FUEL FACILITY" MEANS A FACILITY THAT: (I) IS USED FOR THE
7 PURPOSE OF OFFERING MOTOR FUEL FOR SALE AT RETAIL TO THE PUBLIC OR FOR
8 THE PURPOSE OF RECEIVING, STORING, HANDLING, OR TRANSFERRING MOTOR FUEL;
9 (II) HAS A STORAGE CAPACITY OF AT LEAST TWENTY-FIVE THOUSAND GALLONS OF
10 MOTOR FUEL; AND (III) IS LOCATED WITHIN A CITY HAVING A POPULATION OF
11 ONE MILLION OR MORE. "MOTOR FUEL FACILITY" SHALL NOT INCLUDE AN AUTOMO-
12 BILE DEALERSHIP OR ANY FACILITY THAT SELLS OR PROVIDES MOTOR FUEL EXCLU-
13 SIVELY TO A FLEET OF TEN OR MORE MOTOR VEHICLES OWNED OR LEASED BY A
14 SINGLE PERSON.
15 (F) "POWER INTERRUPTION" MEANS THE LOSS OF ELECTRICAL POWER FROM THE
16 FACILITIES OF AN ELECTRIC CORPORATION, AS DEFINED IN SUBDIVISION THIR-
17 TEEN OF SECTION TWO OF THE PUBLIC SERVICE LAW, TO A MOTOR FUEL FACILITY.
18 2. NO LATER THAN JANUARY FIRST, TWO THOUSAND THIRTEEN, EVERY MOTOR
19 FUEL FACILITY SHALL HAVE INSTALLED IN SUCH FACILITY AN APPROPRIATE
20 TRANSFER SWITCH AND ALL OTHER ELECTRICAL WIRING NECESSARY TO EFFECTUATE
21 THE TRANSFER OF POWER TO AN ALTERNATIVE POWER SOURCE.
22 3. BEGINNING NO LATER THAN JANUARY FIRST, TWO THOUSAND THIRTEEN, EVERY
23 MOTOR FUEL FACILITY AFFECTED BY A POWER INTERRUPTION SHALL, NO LATER
24 THAN TWENTY-FOUR HOURS AFTER THE ISSUANCE OF AN EXECUTIVE DECLARATION OR
25 SUCH LATER TIME AS SET FORTH IN SUCH DECLARATION, BE CAPABLE OF GENERAT-
26 ING ELECTRICAL POWER USING AN ALTERNATIVE POWER SOURCE TO OPERATE AT
27 SUCH MOTOR FUEL FACILITY ALL FUEL PUMPS AND ANY OTHER POWER LOADS NECES-
28 SARY FOR THE DISPENSING AND SALE OF MOTOR FUEL.
29 4. THE INSTALLATION AND MAINTENANCE OF THE TRANSFER SWITCH AND ALL
30 OTHER ELECTRICAL WORK NECESSARY TO EFFECTUATE THE TRANSFER OF POWER TO
31 AN ALTERNATIVE POWER SOURCE, AS REQUIRED BY SUBDIVISION TWO OF THIS
32 SECTION, AND THE ALTERNATIVE POWER SOURCE, AS REQUIRED BY SUBDIVISION
33 THREE OF THIS SECTION, SHALL COMPLY WITH ALL APPLICABLE LAWS AND REGU-
34 LATIONS, INCLUDING LOCAL CONSTRUCTION AND FIRE CODES.
35 5. EACH PERSON WHO OWNS, LEASES, OPERATES OR OTHERWISE MANAGES OR
36 CONTROLS A MOTOR FUEL TERMINAL FACILITY SHALL MAINTAIN AT SUCH FACILITY
37 DOCUMENTATION OF THE INSTALLATION REQUIRED BY SUBDIVISION TWO OF THIS
38 SECTION, AS WELL AS ANY PERIODIC TESTING NECESSARY TO ENSURE THE OPERA-
39 TIONAL CAPABILITY OF SUCH INSTALLATION. SUCH DOCUMENTATION SHALL BE MADE
40 AVAILABLE, UPON REQUEST, TO THE LOCAL EMERGENCY MANAGEMENT OFFICER.
41 6. (A) THE WILLFUL FAILURE OF ANY PERSON WHO OWNS, LEASES, OPERATES OR
42 OTHERWISE MANAGES OR CONTROLS A MOTOR FUEL FACILITY TO COMPLY WITH ANY
43 OF THE PROVISIONS OF THIS SECTION SHALL BE A CLASS A MISDEMEANOR. IF
44 SUCH FAILURE TO COMPLY RESULTS FROM THE BREAKDOWN OF OR ANY DAMAGE TO AN
45 ALTERNATIVE POWER SOURCE, TRANSFER SWITCH OR ELECTRICAL WIRING NECESSARY
46 TO EFFECTUATE THE TRANSFER OF POWER TO AN ALTERNATIVE POWER SOURCE IN
47 THE EVENT OF A POWER INTERRUPTION, THE FAILURE TO REPAIR OR REPLACE SUCH
48 ALTERNATIVE POWER SOURCE, TRANSFER SWITCH OR ELECTRICAL WIRING WITHIN A
49 REASONABLE TIME SHALL CONSTITUTE WILLFUL CONDUCT.
50 (B) THE PROVISIONS OF THIS SECTION SHALL BE ENFORCED BY OFFICERS OR
51 EMPLOYEES OF ANY GOVERNMENTAL AGENCY DESIGNATED BY THE MAYOR OF A CITY
52 HAVING A POPULATION OF ONE MILLION OR MORE, IN ADDITION TO ANY ENFORCE-
53 MENT PERSONNEL AUTHORIZED TO ENFORCE SUCH PROVISIONS IN ACCORDANCE WITH
54 ANY STATE OR LOCAL LAW.
55 7. NOTHING IN THIS SECTION SHALL PRECLUDE THE APPLICATION OF LOCAL
56 LAWS AND REGULATIONS, NOT INCONSISTENT WITH THIS SECTION, GOVERNING THE
A. 8023 3
1 INSTALLATION, MAINTENANCE AND INSPECTION OF, AND OTHER REQUIREMENTS
2 RELATING TO, ALTERNATIVE POWER SOURCES.
3 S 2. The penal law is amended by adding a new section 270.40 to read
4 as follows:
5 S 270.40 WILLFUL FAILURE TO INSTALL AN APPROPRIATE TRANSFER SWITCH.
6 A PERSON IS GUILTY OF WILLFUL FAILURE TO INSTALL AN APPROPRIATE TRANS-
7 FER SWITCH WHEN, AS ACTING AS OWNER, LESSEE, OPERATOR OF OR OTHERWISE
8 MANAGING OR CONTROLLING A MOTOR FUEL FACILITY, AS DEFINED BY PARAGRAPH
9 (E) OF SUBDIVISION ONE OF SECTION THREE HUNDRED NINETY-NINE-EEE OF THE
10 GENERAL BUSINESS LAW, SUCH PERSON FAILS TO COMPLY WITH ANY OF THE
11 PROVISIONS OF SECTION THREE HUNDRED NINETY-NINE-EEE OF THE GENERAL BUSI-
12 NESS LAW.
13 WILLFUL FAILURE TO INSTALL AN APPROPRIATE TRANSFER SWITCH IS A CLASS A
14 MISDEMEANOR.
15 S 3. This act shall take effect on the first of November next succeed-
16 ing the date on which is shall have become a law.