Bill Text: NY A07516 | 2011-2012 | General Assembly | Introduced

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Bill Title: Requires retail food stores in cities having a population of one million or more to have alternative power sources.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-01-04 - referred to agriculture [A07516 Detail]

Download: New_York-2011-A07516-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7516
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                      May 9, 2011
                                      ___________
       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:
    1    Section 1.  The agriculture and markets law is amended by adding a new
    2  section 251-z-3-1 to read as follows:
    3    S  251-Z-3-1.  ALTERNATIVE POWER SOURCES FOR RETAIL FOOD STORES WITHIN
    4  CITIES HAVING A POPULATION OF ONE MILLION OR MORE. 1. FOR  THE  PURPOSES
    5  OF THIS SECTION:
    6    A.  "TRANSFER  SWITCH" MEANS A QUICK CONNECT OR A SWITCHBOARD DESIGNED
    7  TO ALLOW A CONNECTION OF A MOBILE GENERATOR, OR OTHER ALTERNATIVE  POWER
    8  SOURCE, TO A RETAIL FOOD STORE, AS DEFINED AND REQUIRED BY THIS SECTION.
    9    B.  "FRONT-END  TRANSACTIONAL SYSTEM" MEANS THE OPERATION OF ALL ELEC-
   10  TRONIC PAYMENT DEVICES AT FOOD RETAIL STORES, INCLUDING BUT NOT  LIMITED
   11  TO  CASH REGISTERS, BARCODE SCANNING EQUIPMENT, CREDIT AND/OR DEBIT CARD
   12  MACHINES AND ELECTRONIC BENEFIT TRANSFERS (EBT).
   13    C. "ALTERNATIVE POWER SOURCE" MEANS A SOURCE OF ELECTRICAL POWER OTHER
   14  THAN A SOURCE THAT REQUIRES INTERCONNECTION  TO  THE  FACILITIES  OF  AN
   15  ELECTRIC  CORPORATION,  AS  DEFINED IN SECTION TWO OF THE PUBLIC SERVICE
   16  LAW, THAT IS: (I) CAPABLE OF PROVIDING ELECTRICAL POWER FOR  THE  OPERA-
   17  TION OF ALL FRONT-END TRANSACTIONAL SYSTEMS, EMERGENCY LIGHTING AND FIRE
   18  AND  SECURITY  SYSTEMS NECESSARY FOR THE SALE OF NON-PERISHABLE FOOD AND
   19  FOOD PRODUCTS, AS DEFINED BY SECTION TWO HUNDRED FIFTY-ONE-Z-TWO OF THIS
   20  ARTICLE, CONTINUOUSLY FOR A  MINIMUM  OF  TWENTY-FOUR  HOURS;  AND  (II)
   21  GENERATED  BY  SOLAR OR WIND POWER, OR FUEL THAT HAS A SULFUR CONTENT OF
   22  NO MORE THAN FIFTEEN PARTS PER MILLION.
   23    D. "EXECUTIVE DECLARATION" MEANS A DECLARATION ISSUED BY THE MAYOR  OF
   24  A  CITY HAVING A POPULATION OF ONE MILLION OR MORE DURING A POWER INTER-
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11272-01-1
       A. 7516                             2
    1  RUPTION THAT RETAIL FOOD STORES AFFECTED BY  A  POWER  INTERRUPTION  ARE
    2  REQUIRED  TO BE CAPABLE OF GENERATING ELECTRICAL POWER USING AN ALTERNA-
    3  TIVE POWER SOURCE PURSUANT TO SUBDIVISION THREE OF THIS SECTION.    SUCH
    4  DECLARATION  MAY  BE  ISSUED  BY  ANY  AGENCY OF SUCH CITY THAT HAS BEEN
    5  DESIGNATED BY SUCH MAYOR FOR THE PURPOSE OF ISSUING SUCH A DECLARATION.
    6    E. "RETAIL FOOD STORE" MEANS ANY ESTABLISHMENT OR SECTION OF AN ESTAB-
    7  LISHMENT, LOCATED WITHIN A CITY HAVING A POPULATION OF  ONE  MILLION  OR
    8  MORE,  WHERE  FOOD AND FOOD PRODUCTS ARE OFFERED TO THE CONSUMER AND ARE
    9  INTENDED FOR OFF-PREMISES CONSUMPTION, AND THAT EITHER CONSISTS OF TWEN-
   10  TY THOUSAND SQUARE FEET OR MORE OF FLOOR SPACE  OR  HAS  SIXTY  OR  MORE
   11  EMPLOYEES IN FULL AND/OR PART-TIME POSITIONS.
   12    F.  "POWER  INTERRUPTION"  MEANS THE LOSS OF ELECTRICAL POWER FROM THE
   13  FACILITIES OF AN ELECTRIC CORPORATION, AS DEFINED IN SECTION TWO OF  THE
   14  PUBLIC SERVICE LAW, TO A RETAIL FOOD STORE.
   15    2.  NO  LATER  THAN JANUARY FIRST, TWO THOUSAND THIRTEEN, EVERY RETAIL
   16  FOOD STORE SHALL HAVE INSTALLED IN SUCH FACILITY AN APPROPRIATE TRANSFER
   17  SWITCH AND ALL OTHER  ELECTRICAL  WIRING  NECESSARY  TO  EFFECTUATE  THE
   18  TRANSFER OF POWER TO AN ALTERNATIVE POWER SOURCE.
   19    3. BEGINNING NO LATER THAN JANUARY FIRST, TWO THOUSAND THIRTEEN, EVERY
   20  RETAIL  FOOD STORE AFFECTED BY A POWER INTERRUPTION SHALL, NO LATER THAN
   21  TWENTY-FOUR HOURS AFTER THE ISSUANCE OF AN EXECUTIVE DECLARATION OR SUCH
   22  LATER TIME AS SET FORTH IN SUCH DECLARATION, BE  CAPABLE  OF  GENERATING
   23  ELECTRICAL  POWER  USING  AN ALTERNATIVE POWER SOURCE TO OPERATE AT SUCH
   24  RETAIL FOOD STORE'S FRONT-END TRANSACTIONAL SYSTEMS, EMERGENCY  LIGHTING
   25  AND  FIRE  AND SECURITY SYSTEMS NECESSARY FOR THE SALE OF NON-PERISHABLE
   26  FOOD AND FOOD PRODUCTS.
   27    4. THE INSTALLATION AND MAINTENANCE OF  THE  TRANSFER  SWITCH  ("QUICK
   28  CONNECT")  AND  ALL  OTHER  ELECTRICAL  WORK NECESSARY TO EFFECTUATE THE
   29  TRANSFER OF POWER TO AN ALTERNATIVE POWER SOURCE, AS REQUIRED BY  SUBDI-
   30  VISION  TWO  OF  THIS  SECTION,  AND  THE  ALTERNATIVE  POWER SOURCE, AS
   31  REQUIRED BY SUBDIVISION THREE OF THIS SECTION,  SHALL  COMPLY  WITH  ALL
   32  APPLICABLE  LAWS  AND REGULATIONS, INCLUDING LOCAL CONSTRUCTION AND FIRE
   33  CODES.
   34    5. EACH PERSON WHO OWNS, LEASES,  OPERATES  OR  OTHERWISE  MANAGES  OR
   35  CONTROLS  A RETAIL FOOD STORE SHALL MAINTAIN AT SUCH FACILITY DOCUMENTA-
   36  TION OF THE INSTALLATION REQUIRED BY SUBDIVISION TWO OF THIS SECTION, AS
   37  WELL AS ANY PERIODIC TESTING NECESSARY TO ENSURE THE  OPERATIONAL  CAPA-
   38  BILITY OF SUCH INSTALLATION. SUCH DOCUMENTATION SHALL BE MADE AVAILABLE,
   39  UPON REQUEST, TO THE LOCAL EMERGENCY MANAGEMENT OFFICER.
   40    6.  THE  WILLFUL  FAILURE  OF ANY PERSON WHO OWNS, LEASES, OPERATES OR
   41  OTHERWISE MANAGES OR CONTROLS A RETAIL FOOD STORE TO COMPLY WITH ANY  OF
   42  THE  PROVISIONS  OF  THIS  SECTION  SHALL BE PUNISHABLE BY THE PENALTIES
   43  DESCRIBED IN ARTICLE THREE OF THIS CHAPTER, IN ADDITION TO THE PENALTIES
   44  DESCRIBED IN SECTION TWO HUNDRED FIFTY-ONE-Z-TEN  OF  THIS  ARTICLE.  IF
   45  SUCH FAILURE TO COMPLY RESULTS FROM THE BREAKDOWN OF OR ANY DAMAGE TO AN
   46  ALTERNATIVE POWER SOURCE, TRANSFER SWITCH OR ELECTRICAL WIRING NECESSARY
   47  TO  EFFECTUATE  THE  TRANSFER OF POWER TO AN ALTERNATIVE POWER SOURCE IN
   48  THE EVENT OF A POWER INTERRUPTION, THE FAILURE TO REPAIR OR REPLACE SUCH
   49  ALTERNATIVE POWER SOURCE, TRANSFER SWITCH OR ELECTRICAL WIRING WITHIN  A
   50  REASONABLE TIME SHALL CONSTITUTE WILLFUL CONDUCT.
   51    7.  NOTHING  IN  THIS  SECTION SHALL PRECLUDE THE APPLICATION OF LOCAL
   52  LAWS AND REGULATIONS, NOT INCONSISTENT WITH THIS SECTION, GOVERNING  THE
   53  INSTALLATION,  MAINTENANCE  AND  INSPECTION  OF,  AND OTHER REQUIREMENTS
   54  RELATING TO, ALTERNATIVE POWER SOURCES.
   55    S 2. This act shall take effect immediately.