Bill Text: NY A02090 | 2013-2014 | General Assembly | Introduced

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Bill Title: Requires alternative power sources for motor fuel facilities.

Spectrum: Moderate Partisan Bill (Democrat 9-1)

Status: (Introduced - Dead) 2014-01-08 - referred to economic development [A02090 Detail]

Download: New_York-2013-A02090-Introduced.html

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                           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:
    1    Section 1. The general business law is amended by adding a new section
    2  396-bbb to read as follows:
    3    S  396-BBB.  ALTERNATIVE  POWER SOURCES FOR MOTOR FUEL FACILITIES.  1.
    4  FOR THE PURPOSES OF THIS SECTION:
    5    (A) "ALTERNATIVE POWER SOURCE" MEANS  A  SOURCE  OF  ELECTRICAL  POWER
    6  OTHER  THAN  A SOURCE THAT REQUIRES INTERCONNECTION TO THE FACILITIES OF
    7  AN ELECTRIC CORPORATION, AS DEFINED IN SUBDIVISION THIRTEEN  OF  SECTION
    8  TWO  OF  THE PUBLIC SERVICE LAW, THAT IS: (I) CAPABLE OF PROVIDING ELEC-
    9  TRICAL POWER FOR THE OPERATION OF ALL FUEL PUMPS  AND  ANY  OTHER  POWER
   10  LOADS  NECESSARY  FOR THE DISPENSING AND SALE OF MOTOR FUEL CONTINUOUSLY
   11  FOR A MINIMUM OF SEVENTY-TWO HOURS; AND (II) GENERATED BY SOLAR OR  WIND
   12  POWER,  OR  FUEL THAT HAS A SULFUR CONTENT OF NO MORE THAN FIFTEEN PARTS
   13  PER MILLION.
   14    (B) "MOTOR FUEL" MEANS ANY PETROLEUM PRODUCT USED FOR  THE  PROPULSION
   15  OF ANY MOTOR VEHICLE.
   16    (C)  "MOTOR  FUEL  FACILITY"  MEANS  A  FACILITY  THAT IS USED FOR THE
   17  PURPOSE OF OFFERING MOTOR FUEL FOR SALE AT RETAIL TO THE PUBLIC  OR  FOR
   18  THE PURPOSE OF RECEIVING, STORING, HANDLING, OR TRANSFERRING MOTOR FUEL.
   19    (D)  "TRANSFER SWITCH" MEANS A QUICK CONNECT OR A SWITCHBOARD DESIGNED
   20  TO ALLOW CONNECTION OF A MOBILE GENERATOR, OR  OTHER  ALTERNATIVE  POWER
   21  SOURCE,  TO  A  MOTOR  FUEL  FACILITY,  AS  DEFINED AND REQUIRED BY THIS
   22  SECTION.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07021-01-3
       A. 2090                             2
    1    (E) "POWER INTERRUPTION" MEANS THE LOSS OF ELECTRICAL POWER  FROM  THE
    2  FACILITIES  OF  AN ELECTRIC CORPORATION, AS DEFINED IN SUBDIVISION THIR-
    3  TEEN OF SECTION TWO OF THE PUBLIC SERVICE LAW, TO A MOTOR FUEL FACILITY.
    4    2.  EVERY  NEWLY  CONSTRUCTED  OR  SUBSTANTIALLY  RENOVATED MOTOR FUEL
    5  FACILITY GIVEN A CERTIFICATE OF OCCUPANCY ON OR AFTER JANUARY FIRST, TWO
    6  THOUSAND THIRTEEN SHALL HAVE INSTALLED IN SUCH FACILITY  AN  APPROPRIATE
    7  TRANSFER  SWITCH AND ALL OTHER ELECTRICAL WIRING NECESSARY TO EFFECTUATE
    8  THE TRANSFER OF POWER TO AN ALTERNATIVE POWER SOURCE.
    9    3. THE INSTALLATION AND MAINTENANCE OF THE  TRANSFER  SWITCH  AND  ALL
   10  OTHER  ELECTRICAL  WORK NECESSARY TO EFFECTUATE THE TRANSFER OF POWER TO
   11  AN ALTERNATIVE POWER SOURCE, AS REQUIRED  BY  SUBDIVISION  TWO  OF  THIS
   12  SECTION,  AND  THE  ALTERNATIVE POWER SOURCE, AS REQUIRED BY SUBDIVISION
   13  FOUR OF THIS SECTION, SHALL COMPLY WITH ALL APPLICABLE  LAWS  AND  REGU-
   14  LATIONS, INCLUDING LOCAL CONSTRUCTION AND FIRE CODES.
   15    4. EACH NEWLY CONSTRUCTED OR SUBSTANTIALLY RENOVATED MOTOR FUEL FACIL-
   16  ITY  GIVEN  A CERTIFICATE OF OCCUPANCY ISSUED ON OR AFTER JANUARY FIRST,
   17  TWO THOUSAND THIRTEEN SHALL BE CAPABLE  OF  OPERATING  ALL  FUEL  PUMPS,
   18  DISPENSING  EQUIPMENT, LIFE SAFETY SYSTEMS AND PAYMENT ACCEPTANCE EQUIP-
   19  MENT USING AN ALTERNATIVE  GENERATED  POWER  SOURCE  WITHIN  TWENTY-FOUR
   20  HOURS OF A POWER INTERRUPTION.
   21    5.  EACH  PERSON  WHO  OWNS,  LEASES, OPERATES OR OTHERWISE MANAGES OR
   22  CONTROLS A MOTOR FUEL FACILITY SHALL MAINTAIN AT SUCH FACILITY  DOCUMEN-
   23  TATION  OF THE INSTALLATION REQUIRED BY SUBDIVISION TWO OF THIS SECTION,
   24  AS WELL AS ANY PERIODIC TESTING  NECESSARY  TO  ENSURE  THE  OPERATIONAL
   25  CAPABILITY OF SUCH INSTALLATION. SUCH DOCUMENTATION SHALL BE MADE AVAIL-
   26  ABLE UPON REQUEST.
   27    6.  NOTHING  IN  THIS  SECTION SHALL PRECLUDE THE APPLICATION OF LOCAL
   28  LAWS AND REGULATIONS, NOT INCONSISTENT WITH THIS SECTION, GOVERNING  THE
   29  INSTALLATION,  MAINTENANCE  AND  INSPECTION  OF,  AND OTHER REQUIREMENTS
   30  RELATING TO, ALTERNATIVE POWER SOURCES.
   31    S 2. This act shall take effect immediately.