Bill Text: NJ S2361 | 2012-2013 | Regular Session | Introduced


Bill Title: Requires gas stations to install generators.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2012-11-29 - Introduced in the Senate, Referred to Senate Transportation Committee [S2361 Detail]

Download: New_Jersey-2012-S2361-Introduced.html

SENATE, No. 2361

STATE OF NEW JERSEY

215th LEGISLATURE

INTRODUCED NOVEMBER 29, 2012

 


 

Sponsored by:

Senator  JEFF VAN DREW

District 1 (Atlantic, Cape May and Cumberland)

Senator  M. TERESA RUIZ

District 29 (Essex)

 

 

 

 

SYNOPSIS

     Requires gas stations to install generators.

 

CURRENT VERSION OF TEXT

     As introduced.

 


An Act concerning gasoline stations and supplementing Title 56 of the Revised Statutes.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    For the purposes of P.L.    , c.    (C.        ) (pending before the Legislature as this bill):

     "Alternative power generation device" means a device capable of providing electrical power for the primary purpose of dispensing motor fuel, payment acceptance equipment, pump shutoff switches, and other safety equipment.

     "County emergency management coordinator" means the person coordinating the emergency management activities of the county.

     "Duly authorized weights and measures officer" means and includes the Superintendent of the Division of Weights and Measures or the superintendent's assistants or inspectors, a county or assistant county superintendent of weights and measures or inspectors, or a municipal or assistant municipal superintendent of weights and measures or inspectors.

     "Gasoline station" or "station" means a place of business located in the State and used for the retail sale and dispensing of motor fuel into the tanks of motor vehicles.

     "Local building inspector" means any municipal officer charged with or responsible for the enforcement of building codes.

     "Motor fuel" means any combustible liquid or gaseous substance used, or suitable, for the generation of power to propel motor vehicles.

     "Retail dealer" means a person operating a gasoline station.

     "State Office of Emergency Management" means the State Office of Emergency Management in the Division of State Police in the Department of Law and Public Safety.

 

     2.    a.  Each newly constructed or substantially renovated gasoline station for which a certificate of occupancy is issued on or after the effective date of P.L.    , c.    (C.        ) (pending before the Legislature as this bill) shall be pre-wired with an appropriate transfer switch and maintain at the station an alternative power generation device capable of operating all fuel pumps, dispensing equipment, life-safety systems, and payment acceptance equipment.  Local building inspectors shall verify the installation and operational capability of the transfer switch and alternative power generation device in the normal inspection process before issuing a certificate of occupancy.  A copy of the certificate of occupancy shall be provided to the county emergency management coordinator upon issuance of the certificate.  Duly authorized weights and measures officers shall check to ensure that the transfer switch and alternative power generation device are available and in good operating order during regular inspections of the gasoline station.  As used in this section, "substantially renovated" means a renovation that results in an increase of greater than 50 percent in the assessed value of the gasoline station.

     b.    No later than three years from the effective date of P.L.    , c. (C.        ) (pending before the Legislature as this bill) all gasoline stations shall be pre-wired with an appropriate transfer switch and maintain at the station an alternative power generation device capable of operating all fuel pumps, dispensing equipment, life-safety systems, and payment acceptance equipment.  The initial inspection for the proper installation and operability of the transfer switch and alternative power generation device shall be completed by a local building inspector, and verification of the inspection shall be submitted to the county emergency management coordinator.   Duly authorized weights and measures officers shall check to ensure that the transfer switch and alternate generated power source are available and in good operating order during regular inspections of the gasoline station.

 

     3.    A retail dealer that fails to comply with the provisions of P.L.   , c.   (C.        ) (pending before the Legislature as this bill) shall be liable for a penalty of not more than $1,000 for a first offense and not more than $2,500 for each subsequent offense to be collected by the State Superintendent of Weights and Measures in a summary proceeding pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.).

 

     4.    The Director of the Division of Consumer Affairs in the Department of Law and Public Safety, in consultation with the Director of the State Office of Emergency Management, may adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations necessary to effectuate the purposes of P.L.    , c.    (C.       ) (pending before the Legislature as this bill).

 

     5.    This act shall take effect on the 365th day following enactment.

 

 

STATEMENT

 

     This bill requires that each newly constructed or substantially renovated gasoline station for which a certificate of occupancy is issued on or after the effective date of the bill, and all gasoline stations no later than three years after the effective date of the bill,  be pre-wired with an appropriate transfer switch and maintain at the station an alternative power generation device capable of operating all fuel pumps, dispensing equipment, life-safety systems, and payment acceptance equipment.

     For newly constructed or substantially renovated stations, the bill provides that local building inspectors verify the installation and operational capability of the transfer switch and alternative power generation device in the normal inspection process before issuing a certificate of occupancy.  A copy of the certificate of occupancy shall be provided to the county emergency management coordinator.

     For existing stations, the initial inspection for the proper installation and operability of the transfer switch and alternative power generation device shall be completed by a local building inspector, and verification of the inspection shall be submitted to the county emergency management coordinator.

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