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

                                  4560

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 3, 2015
                               ___________

Introduced  by  M. of A. CLARK, ZEBROWSKI, JAFFEE, WEPRIN -- Multi-Spon-
  sored by -- M. of A.   BRENNAN, BUCHWALD, CERETTO,  GOTTFRIED,  PERRY,
  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.
                                                           LBD08578-01-5

              

A. 4560                             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 SIXTEEN 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 SIXTEEN 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.