SB0268sam001 99TH GENERAL ASSEMBLY

Sen. Emil Jones, III

Filed: 4/17/2015

09900SB0268sam001 LRB099 05202 MGM 33915 a

AMENDMENT TO SENATE BILL 268

AMENDMENT NO. ______. Amend Senate Bill 268 by replacing everything after the enacting clause with the following:

"Section 1. Short title. This Act may be cited as the Emergency Motor Fuel Availability Act.

Section 5. Definitions. As used in this Act:

"Major disaster" means a disaster that will likely exceed local capabilities and require a broad range of State and federal assistance.

"Retail outlet" means a facility, including land and improvements, where motor fuel is offered for sale at retail to the motoring public.

"Substantially renovated" means a renovation that results in an increase of greater than 50% in the assessed value of the motor fuel retail outlet.

"Terminal facility" means any inland, waterfront, or offshore appurtenance on land used for the purpose of storing, handling, or transferring motor fuel, but does not include bulk storage facilities owned or operated by a wholesaler.

"Wholesaler" means any person, other than a refiner or dealer, who purchases motor fuel at a terminal facility and supplies motor fuel to retail outlets.

Section 10. Alternate generated power sources required.

(a) No later than January 1, 2017, each terminal facility and each wholesaler that sells motor fuel in this State must be capable of operating its distribution loading racks using an alternate generated power source for a minimum of 72 hours. Pending a post-disaster examination of the equipment by the operator to determine any extenuating damage that would render it unsafe to use, the facility must have the alternate generated power source available for operation no later than 36 hours after a major disaster. Installation of appropriate wiring, including a transfer switch, shall be performed by a certified electrical contractor. Each business that is subject to this subsection (a) must keep a copy of the documentation of that installation on site or at its corporate headquarters. In addition, each business must keep a written statement attesting to the periodic testing and ensured operational capacity of the equipment. Upon request, each business shall make the required documents available to the Illinois Emergency Management Agency and the director of the county emergency management agency where the business is located.

(b) Each newly constructed or substantially renovated retail outlet, for which a certificate of occupancy is issued on or after January 1, 2016, shall be prewired with an appropriate transfer switch, and capable of operating all fuel pumps, dispensing equipment, life safety systems, and payment-acceptance equipment using an alternate generated power source. Local building inspectors shall include this equipment and operations check in the normal inspection process before issuing a certificate of occupancy. Each retail outlet that is subject to this subsection (b) must keep a copy of the certificate of occupancy on site or at its corporate headquarters. In addition, each retail outlet must keep a written statement attesting to the periodic testing of and ensured operational capability of the equipment. Upon request, each retail outlet shall make the required documents available to the Illinois Emergency Management Agency and the director of the county emergency management agency where the retail outlet is located.

(c) No later than January 1, 2017, each of the following retail outlets that are located within one-half mile of an interstate highway or State or federally designated evacuation route must be prewired with an appropriate transfer switch and be capable of operating all fuel pumps, dispensing equipment, life safety systems, and payment-acceptance equipment using an alternate generated power source:

(1) A retail outlet located in a county having a population of 500,000 or more that has 16 or more fueling positions.

(2) A retail outlet located in a county having a population of 100,000 or more, but fewer than 500,000, that has 12 or more fueling positions.

(3) A retail outlet located in a county having a population of fewer than 100,000 that has 8 or more fueling positions.

Installation of appropriate wiring and transfer switches must be performed by a certified electrical contractor. Each retail outlet that is subject to this subsection (c) must keep a copy of the documentation of the installation on site or at its corporate headquarters. In addition, each retail outlet must keep a written statement attesting to the periodic testing of and ensured operational capacity of the equipment. Upon request, each retail outlet shall make the required documents available to the Illinois Emergency Management Agency and the director of the county emergency management agency where the retail outlet is located.

(d) Subsections (b) and (c) apply to any self-service, full-service, or combination self-service and full-service retail outlet regardless of whether the retail outlet is located on the grounds of, or is owned by, another retail business establishment that does not engage in the business of selling motor fuel.

Subsections (b) and (c) do not apply to:

(1) an automobile dealer;

(2) a person who operates a fleet of motor vehicles;

(3) a person who sells motor fuel exclusively to a fleet of motor vehicles; or

(4) a motor fuel retail outlet that has a written agreement with a public hospital, in a form approved by the Illinois Emergency Management Agency, wherein the public hospital agrees to provide the motor fuel retail outlet with an alternative means of power generation onsite so that the outlet's fuel pumps may be operated in the event of a power outage.

(e) Each corporation or other entity that owns 10 or more retail outlets located within a single county shall maintain at least one portable generator that is capable of providing an alternate generated power source as required under subsection (b) for every 10 outlets. If an entity owns more than 10 outlets or a multiple of 10 outlets plus an additional 6 outlets, the entity must provide one additional generator to accommodate the additional outlets. Each portable generator must be stored within this State, or may be stored in another state if located within 250 miles of this State, and must be available for use in an affected location within 24 hours after a disaster.

(f) Each corporation or other entity that owns 10 or more retail outlets located within a single Illinois Emergency Management Agency region, and that does not own additional outlets located outside the domestic security region shall maintain a written document of agreement with one or more similarly equipped entities for the use of portable generators that may be used to meet the requirements of subsection (e) and that are located within this State but outside the affected domestic security region. The agreement may be reciprocal, may allow for payment for services rendered by the providing entity, and must guarantee the availability of the portable generators to an affected location within 24 hours after a disaster.

(g) Upon written request, the Illinois Emergency Management Agency may temporarily waive the requirements in paragraphs (a) and (b) if the generators are used in preparation for or response to an emergency or major disaster in another state. The waiver shall be in writing and include a beginning and ending date. The waiver may provide additional conditions as deemed necessary by the Illinois Emergency Management Agency. The waiver may be modified or terminated by the Illinois Emergency Management Agency if the Governor declares an emergency.

(h) For purposes of this Act, ownership of a retail outlet is the owner of record of the fuel storage systems operating at the location, as registered with the Office of the Illinois State Fire Marshal Underground Storage Tank Program pursuant to the Gasoline Storage Act.".