S T A T E   O F   N E W   Y O R K
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                                  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:

  Section 1. The general business law is amended by adding a new section
399-eee to read as follows:
  S 399-EEE. ALTERNATIVE POWER SOURCES FOR MOTOR FUEL FACILITIES  WITHIN
CITIES  HAVING  A POPULATION OF ONE MILLION OR MORE. 1. FOR THE PURPOSES
OF THIS SECTION:
  (A) "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.
  (B)  "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 TWENTY-FOUR HOURS; AND (II) GENERATED BY SOLAR OR WIND
POWER, OR FUEL THAT HAS A SULFUR CONTENT OF NO MORE THAN  FIFTEEN  PARTS
PER MILLION.
  (C) "EXECUTIVE DECLARATION" MEANS A DECLARATION ISSUED BY THE MAYOR OF
A  CITY HAVING A POPULATION OF ONE MILLION OR MORE DURING A POWER INTER-
RUPTION THAT MOTOR FUEL FACILITIES AFFECTED BY A POWER INTERRUPTION  ARE
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

TIVE POWER SOURCE PURSUANT TO SUBDIVISION THREE OF  THIS  SECTION.  SUCH
DECLARATION  MAY  BE  ISSUED  BY  ANY  AGENCY OF SUCH CITY THAT HAS BEEN
DESIGNATED BY SUCH MAYOR FOR THE PURPOSE OF ISSUING SUCH A DECLARATION.
  (D)  "MOTOR  FUEL" MEANS ANY PETROLEUM PRODUCT USED FOR THE PROPULSION
OF ANY MOTOR VEHICLE.
  (E) "MOTOR FUEL FACILITY" MEANS A FACILITY THAT: (I) 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;
(II) HAS A STORAGE CAPACITY OF AT LEAST TWENTY-FIVE THOUSAND GALLONS  OF
MOTOR  FUEL;  AND  (III) IS LOCATED WITHIN A CITY HAVING A POPULATION OF
ONE MILLION OR MORE. "MOTOR FUEL FACILITY" SHALL NOT INCLUDE AN  AUTOMO-
BILE DEALERSHIP OR ANY FACILITY THAT SELLS OR PROVIDES MOTOR FUEL EXCLU-
SIVELY  TO  A  FLEET  OF TEN OR MORE MOTOR VEHICLES OWNED OR LEASED BY A
SINGLE PERSON.
  (F) "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. NO LATER THAN JANUARY FIRST, TWO  THOUSAND  THIRTEEN,  EVERY  MOTOR
FUEL  FACILITY  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. BEGINNING NO LATER THAN JANUARY FIRST, TWO THOUSAND THIRTEEN, EVERY
MOTOR  FUEL  FACILITY  AFFECTED  BY A POWER INTERRUPTION SHALL, NO LATER
THAN TWENTY-FOUR HOURS AFTER THE ISSUANCE OF AN EXECUTIVE DECLARATION OR
SUCH LATER TIME AS SET FORTH IN SUCH DECLARATION, BE CAPABLE OF GENERAT-
ING ELECTRICAL POWER USING AN ALTERNATIVE POWER  SOURCE  TO  OPERATE  AT
SUCH MOTOR FUEL FACILITY ALL FUEL PUMPS AND ANY OTHER POWER LOADS NECES-
SARY FOR THE DISPENSING AND SALE OF MOTOR FUEL.
  4.  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
THREE  OF  THIS SECTION, SHALL COMPLY WITH ALL APPLICABLE LAWS AND REGU-
LATIONS, INCLUDING LOCAL CONSTRUCTION AND FIRE CODES.
  5. EACH PERSON WHO OWNS, LEASES,  OPERATES  OR  OTHERWISE  MANAGES  OR
CONTROLS  A MOTOR FUEL TERMINAL FACILITY SHALL MAINTAIN AT SUCH FACILITY
DOCUMENTATION OF THE INSTALLATION REQUIRED BY SUBDIVISION  TWO  OF  THIS
SECTION,  AS WELL AS ANY PERIODIC TESTING NECESSARY TO ENSURE THE OPERA-
TIONAL CAPABILITY OF SUCH INSTALLATION. SUCH DOCUMENTATION SHALL BE MADE
AVAILABLE, UPON REQUEST, TO THE LOCAL EMERGENCY MANAGEMENT OFFICER.
  6. (A) THE WILLFUL FAILURE OF ANY PERSON WHO OWNS, LEASES, OPERATES OR
OTHERWISE MANAGES OR CONTROLS A MOTOR FUEL FACILITY TO COMPLY  WITH  ANY
OF  THE  PROVISIONS  OF  THIS SECTION SHALL BE A CLASS A MISDEMEANOR. IF
SUCH FAILURE TO COMPLY RESULTS FROM THE BREAKDOWN OF OR ANY DAMAGE TO AN
ALTERNATIVE POWER SOURCE, TRANSFER SWITCH OR ELECTRICAL WIRING NECESSARY
TO EFFECTUATE THE TRANSFER OF POWER TO AN ALTERNATIVE  POWER  SOURCE  IN
THE EVENT OF A POWER INTERRUPTION, THE FAILURE TO REPAIR OR REPLACE SUCH
ALTERNATIVE  POWER SOURCE, TRANSFER SWITCH OR ELECTRICAL WIRING WITHIN A
REASONABLE TIME SHALL CONSTITUTE WILLFUL CONDUCT.
  (B) THE PROVISIONS OF THIS SECTION SHALL BE ENFORCED  BY  OFFICERS  OR
EMPLOYEES  OF  ANY GOVERNMENTAL AGENCY DESIGNATED BY THE MAYOR OF A CITY
HAVING A POPULATION OF ONE MILLION OR MORE, IN ADDITION TO ANY  ENFORCE-
MENT  PERSONNEL AUTHORIZED TO ENFORCE SUCH PROVISIONS IN ACCORDANCE WITH
ANY STATE OR LOCAL LAW.
  7. NOTHING IN THIS SECTION SHALL PRECLUDE  THE  APPLICATION  OF  LOCAL
LAWS  AND REGULATIONS, NOT INCONSISTENT WITH THIS SECTION, GOVERNING THE

A. 8023                             3

INSTALLATION, MAINTENANCE AND  INSPECTION  OF,  AND  OTHER  REQUIREMENTS
RELATING TO, ALTERNATIVE POWER SOURCES.
  S  2.  The penal law is amended by adding a new section 270.40 to read
as follows:
S 270.40 WILLFUL FAILURE TO INSTALL AN APPROPRIATE TRANSFER SWITCH.
  A PERSON IS GUILTY OF WILLFUL FAILURE TO INSTALL AN APPROPRIATE TRANS-
FER SWITCH WHEN, AS ACTING AS OWNER, LESSEE, OPERATOR  OF  OR  OTHERWISE
MANAGING  OR  CONTROLLING A MOTOR FUEL FACILITY, AS DEFINED BY PARAGRAPH
(E) OF SUBDIVISION ONE OF SECTION THREE HUNDRED NINETY-NINE-EEE  OF  THE
GENERAL  BUSINESS  LAW,  SUCH  PERSON  FAILS  TO  COMPLY WITH ANY OF THE
PROVISIONS OF SECTION THREE HUNDRED NINETY-NINE-EEE OF THE GENERAL BUSI-
NESS LAW.
  WILLFUL FAILURE TO INSTALL AN APPROPRIATE TRANSFER SWITCH IS A CLASS A
MISDEMEANOR.
  S 3. This act shall take effect on the first of November next succeed-
ing the date on which is shall have become a law.