Sen. Emil Jones, III

Filed: 4/17/2015

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 268

2    AMENDMENT NO. ______. Amend Senate Bill 268 by replacing
3everything after the enacting clause with the following:
 
4    "Section 1. Short title. This Act may be cited as the
5Emergency Motor Fuel Availability Act.
 
6    Section 5. Definitions. As used in this Act:
7    "Major disaster" means a disaster that will likely exceed
8local capabilities and require a broad range of State and
9federal assistance.
10    "Retail outlet" means a facility, including land and
11improvements, where motor fuel is offered for sale at retail to
12the motoring public.
13    "Substantially renovated" means a renovation that results
14in an increase of greater than 50% in the assessed value of the
15motor fuel retail outlet.
16    "Terminal facility" means any inland, waterfront, or

 

 

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1offshore appurtenance on land used for the purpose of storing,
2handling, or transferring motor fuel, but does not include bulk
3storage facilities owned or operated by a wholesaler.
4    "Wholesaler" means any person, other than a refiner or
5dealer, who purchases motor fuel at a terminal facility and
6supplies motor fuel to retail outlets.
 
7    Section 10. Alternate generated power sources required.
8    (a) No later than January 1, 2017, each terminal facility
9and each wholesaler that sells motor fuel in this State must be
10capable of operating its distribution loading racks using an
11alternate generated power source for a minimum of 72 hours.
12Pending a post-disaster examination of the equipment by the
13operator to determine any extenuating damage that would render
14it unsafe to use, the facility must have the alternate
15generated power source available for operation no later than 36
16hours after a major disaster. Installation of appropriate
17wiring, including a transfer switch, shall be performed by a
18certified electrical contractor. Each business that is subject
19to this subsection (a) must keep a copy of the documentation of
20that installation on site or at its corporate headquarters. In
21addition, each business must keep a written statement attesting
22to the periodic testing and ensured operational capacity of the
23equipment. Upon request, each business shall make the required
24documents available to the Illinois Emergency Management
25Agency and the director of the county emergency management

 

 

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1agency where the business is located.
2    (b) Each newly constructed or substantially renovated
3retail outlet, for which a certificate of occupancy is issued
4on or after January 1, 2016, shall be prewired with an
5appropriate transfer switch, and capable of operating all fuel
6pumps, dispensing equipment, life safety systems, and
7payment-acceptance equipment using an alternate generated
8power source. Local building inspectors shall include this
9equipment and operations check in the normal inspection process
10before issuing a certificate of occupancy. Each retail outlet
11that is subject to this subsection (b) must keep a copy of the
12certificate of occupancy on site or at its corporate
13headquarters. In addition, each retail outlet must keep a
14written statement attesting to the periodic testing of and
15ensured operational capability of the equipment. Upon request,
16each retail outlet shall make the required documents available
17to the Illinois Emergency Management Agency and the director of
18the county emergency management agency where the retail outlet
19is located.
20    (c) No later than January 1, 2017, each of the following
21retail outlets that are located within one-half mile of an
22interstate highway or State or federally designated evacuation
23route must be prewired with an appropriate transfer switch and
24be capable of operating all fuel pumps, dispensing equipment,
25life safety systems, and payment-acceptance equipment using an
26alternate generated power source:

 

 

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1        (1) A retail outlet located in a county having a
2    population of 500,000 or more that has 16 or more fueling
3    positions.
4        (2) A retail outlet located in a county having a
5    population of 100,000 or more, but fewer than 500,000, that
6    has 12 or more fueling positions.
7        (3) A retail outlet located in a county having a
8    population of fewer than 100,000 that has 8 or more fueling
9    positions.
10    Installation of appropriate wiring and transfer switches
11must be performed by a certified electrical contractor. Each
12retail outlet that is subject to this subsection (c) must keep
13a copy of the documentation of the installation on site or at
14its corporate headquarters. In addition, each retail outlet
15must keep a written statement attesting to the periodic testing
16of and ensured operational capacity of the equipment. Upon
17request, each retail outlet shall make the required documents
18available to the Illinois Emergency Management Agency and the
19director of the county emergency management agency where the
20retail outlet is located.
21    (d) Subsections (b) and (c) apply to any self-service,
22full-service, or combination self-service and full-service
23retail outlet regardless of whether the retail outlet is
24located on the grounds of, or is owned by, another retail
25business establishment that does not engage in the business of
26selling motor fuel.

 

 

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1    Subsections (b) and (c) do not apply to:
2        (1) an automobile dealer;
3        (2) a person who operates a fleet of motor vehicles;
4        (3) a person who sells motor fuel exclusively to a
5    fleet of motor vehicles; or
6        (4) a motor fuel retail outlet that has a written
7    agreement with a public hospital, in a form approved by the
8    Illinois Emergency Management Agency, wherein the public
9    hospital agrees to provide the motor fuel retail outlet
10    with an alternative means of power generation onsite so
11    that the outlet's fuel pumps may be operated in the event
12    of a power outage.
13    (e) Each corporation or other entity that owns 10 or more
14retail outlets located within a single county shall maintain at
15least one portable generator that is capable of providing an
16alternate generated power source as required under subsection
17(b) for every 10 outlets. If an entity owns more than 10
18outlets or a multiple of 10 outlets plus an additional 6
19outlets, the entity must provide one additional generator to
20accommodate the additional outlets. Each portable generator
21must be stored within this State, or may be stored in another
22state if located within 250 miles of this State, and must be
23available for use in an affected location within 24 hours after
24a disaster.
25    (f) Each corporation or other entity that owns 10 or more
26retail outlets located within a single Illinois Emergency

 

 

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1Management Agency region, and that does not own additional
2outlets located outside the domestic security region shall
3maintain a written document of agreement with one or more
4similarly equipped entities for the use of portable generators
5that may be used to meet the requirements of subsection (e) and
6that are located within this State but outside the affected
7domestic security region. The agreement may be reciprocal, may
8allow for payment for services rendered by the providing
9entity, and must guarantee the availability of the portable
10generators to an affected location within 24 hours after a
11disaster.
12    (g) Upon written request, the Illinois Emergency
13Management Agency may temporarily waive the requirements in
14paragraphs (a) and (b) if the generators are used in
15preparation for or response to an emergency or major disaster
16in another state. The waiver shall be in writing and include a
17beginning and ending date. The waiver may provide additional
18conditions as deemed necessary by the Illinois Emergency
19Management Agency. The waiver may be modified or terminated by
20the Illinois Emergency Management Agency if the Governor
21declares an emergency.
22    (h) For purposes of this Act, ownership of a retail outlet
23is the owner of record of the fuel storage systems operating at
24the location, as registered with the Office of the Illinois
25State Fire Marshal Underground Storage Tank Program pursuant to
26the Gasoline Storage Act.".