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:

  Section 1. The general business law is amended by adding a new section
396-bbb to read as follows:
  S  396-BBB.  ALTERNATIVE  POWER SOURCES FOR MOTOR FUEL FACILITIES.  1.
FOR THE PURPOSES OF THIS SECTION:
  (A) "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 SEVENTY-TWO HOURS; AND (II) GENERATED BY SOLAR OR  WIND
POWER,  OR  FUEL THAT HAS A SULFUR CONTENT OF NO MORE THAN FIFTEEN PARTS
PER MILLION.
  (B) "MOTOR FUEL" MEANS ANY PETROLEUM PRODUCT USED FOR  THE  PROPULSION
OF ANY MOTOR VEHICLE.
  (C)  "MOTOR  FUEL  FACILITY"  MEANS  A  FACILITY  THAT 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.
  (D)  "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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07021-01-3
              

A. 2090                             2

  (E) "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.  EVERY  NEWLY  CONSTRUCTED  OR  SUBSTANTIALLY  RENOVATED MOTOR FUEL
FACILITY GIVEN A CERTIFICATE OF OCCUPANCY ON OR AFTER JANUARY FIRST, TWO
THOUSAND THIRTEEN 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. 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
FOUR OF THIS SECTION, SHALL COMPLY WITH ALL APPLICABLE  LAWS  AND  REGU-
LATIONS, INCLUDING LOCAL CONSTRUCTION AND FIRE CODES.
  4. EACH NEWLY CONSTRUCTED OR SUBSTANTIALLY RENOVATED MOTOR FUEL FACIL-
ITY  GIVEN  A CERTIFICATE OF OCCUPANCY ISSUED ON OR AFTER JANUARY FIRST,
TWO THOUSAND THIRTEEN SHALL BE CAPABLE  OF  OPERATING  ALL  FUEL  PUMPS,
DISPENSING  EQUIPMENT, LIFE SAFETY SYSTEMS AND PAYMENT ACCEPTANCE EQUIP-
MENT USING AN ALTERNATIVE  GENERATED  POWER  SOURCE  WITHIN  TWENTY-FOUR
HOURS OF A POWER INTERRUPTION.
  5.  EACH  PERSON  WHO  OWNS,  LEASES, OPERATES OR OTHERWISE MANAGES OR
CONTROLS A MOTOR FUEL FACILITY SHALL MAINTAIN AT SUCH FACILITY  DOCUMEN-
TATION  OF THE INSTALLATION REQUIRED BY SUBDIVISION TWO OF THIS SECTION,
AS WELL AS ANY PERIODIC TESTING  NECESSARY  TO  ENSURE  THE  OPERATIONAL
CAPABILITY OF SUCH INSTALLATION. SUCH DOCUMENTATION SHALL BE MADE AVAIL-
ABLE UPON REQUEST.
  6.  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.