S T A T E   O F   N E W   Y O R K
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                                  1839

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  M.  of  A. GIBSON, COOK -- 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD01994-01-3

A. 1839                             2

REQUIRED TO BE CAPABLE OF GENERATING ELECTRICAL POWER USING AN  ALTERNA-
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 FIFTEEN, 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 FIFTEEN,  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.

A. 1839                             3

  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.  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.