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:

  Section 1.  The agriculture and markets law is amended by adding a new
section 251-z-3-1 to read as follows:
  S  251-Z-3-1.  ALTERNATIVE POWER SOURCES FOR RETAIL FOOD STORES 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 A CONNECTION OF A MOBILE GENERATOR, OR OTHER ALTERNATIVE  POWER
SOURCE, TO A RETAIL FOOD STORE, AS DEFINED AND REQUIRED BY THIS SECTION.
  B.  "FRONT-END  TRANSACTIONAL SYSTEM" MEANS THE OPERATION OF ALL ELEC-
TRONIC PAYMENT DEVICES AT FOOD RETAIL STORES, INCLUDING BUT NOT  LIMITED
TO  CASH REGISTERS, BARCODE SCANNING EQUIPMENT, CREDIT AND/OR DEBIT CARD
MACHINES AND ELECTRONIC BENEFIT TRANSFERS (EBT).
  C. "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 SECTION TWO OF THE PUBLIC SERVICE
LAW, THAT IS: (I) CAPABLE OF PROVIDING ELECTRICAL POWER FOR  THE  OPERA-
TION OF ALL FRONT-END TRANSACTIONAL SYSTEMS, EMERGENCY LIGHTING AND FIRE
AND  SECURITY  SYSTEMS NECESSARY FOR THE SALE OF NON-PERISHABLE FOOD AND
FOOD PRODUCTS, AS DEFINED BY SECTION TWO HUNDRED FIFTY-ONE-Z-TWO OF THIS
ARTICLE, 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.
  D. "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 RETAIL FOOD STORES 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.
                                                           LBD04412-01-3

A. 1114                             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.
  E. "RETAIL FOOD STORE" MEANS ANY ESTABLISHMENT OR SECTION OF AN ESTAB-
LISHMENT,  LOCATED  WITHIN  A CITY HAVING A POPULATION OF ONE MILLION OR
MORE, WHERE FOOD AND FOOD PRODUCTS ARE OFFERED TO THE CONSUMER  AND  ARE
INTENDED FOR OFF-PREMISES CONSUMPTION, AND THAT EITHER CONSISTS OF TWEN-
TY  THOUSAND  SQUARE  FEET  OR  MORE OF FLOOR SPACE OR HAS SIXTY OR MORE
EMPLOYEES IN FULL AND/OR PART-TIME POSITIONS.
  F. "POWER INTERRUPTION" MEANS THE LOSS OF ELECTRICAL  POWER  FROM  THE
FACILITIES  OF AN ELECTRIC CORPORATION, AS DEFINED IN SECTION TWO OF THE
PUBLIC SERVICE LAW, TO A RETAIL FOOD STORE.
  2. NO LATER THAN JANUARY FIRST, TWO  THOUSAND  FIFTEEN,  EVERY  RETAIL
FOOD STORE 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 FIFTEEN,  EVERY
RETAIL  FOOD STORE 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  GENERATING
ELECTRICAL  POWER  USING  AN ALTERNATIVE POWER SOURCE TO OPERATE AT SUCH
RETAIL FOOD STORE'S FRONT-END TRANSACTIONAL SYSTEMS, EMERGENCY  LIGHTING
AND  FIRE  AND SECURITY SYSTEMS NECESSARY FOR THE SALE OF NON-PERISHABLE
FOOD AND FOOD PRODUCTS.
  4. THE INSTALLATION AND MAINTENANCE OF  THE  TRANSFER  SWITCH  ("QUICK
CONNECT")  AND  ALL  OTHER  ELECTRICAL  WORK NECESSARY TO EFFECTUATE THE
TRANSFER OF POWER TO AN ALTERNATIVE POWER SOURCE, AS REQUIRED BY  SUBDI-
VISION  TWO  OF  THIS  SECTION,  AND  THE  ALTERNATIVE  POWER SOURCE, AS
REQUIRED BY SUBDIVISION THREE OF THIS SECTION,  SHALL  COMPLY  WITH  ALL
APPLICABLE  LAWS  AND REGULATIONS, INCLUDING LOCAL CONSTRUCTION AND FIRE
CODES.
  5. EACH PERSON WHO OWNS, LEASES,  OPERATES  OR  OTHERWISE  MANAGES  OR
CONTROLS  A RETAIL FOOD STORE SHALL MAINTAIN AT SUCH FACILITY DOCUMENTA-
TION OF THE INSTALLATION REQUIRED BY SUBDIVISION TWO OF THIS SECTION, AS
WELL AS ANY PERIODIC TESTING NECESSARY TO ENSURE THE  OPERATIONAL  CAPA-
BILITY OF SUCH INSTALLATION. SUCH DOCUMENTATION SHALL BE MADE AVAILABLE,
UPON REQUEST, TO THE LOCAL EMERGENCY MANAGEMENT OFFICER.
  6.  THE  WILLFUL  FAILURE  OF ANY PERSON WHO OWNS, LEASES, OPERATES OR
OTHERWISE MANAGES OR CONTROLS A RETAIL FOOD STORE TO COMPLY WITH ANY  OF
THE  PROVISIONS  OF  THIS  SECTION  SHALL BE PUNISHABLE BY THE PENALTIES
DESCRIBED IN ARTICLE THREE OF THIS CHAPTER, IN ADDITION TO THE PENALTIES
DESCRIBED IN SECTION TWO HUNDRED FIFTY-ONE-Z-TEN  OF  THIS  ARTICLE.  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.
  7.  NOTHING  IN  THIS  SECTION SHALL PRECLUDE THE APPLICATION OF LOCAL
LAWS AND REGULATIONS, NOT INCONSISTENT WITH THIS SECTION, GOVERNING  THE
INSTALLATION,  MAINTENANCE  AND  INSPECTION  OF,  AND OTHER REQUIREMENTS
RELATING TO, ALTERNATIVE POWER SOURCES.
  S 2. This act shall take effect immediately.