Senate Bill sb2386

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    Florida Senate - 2006                                  SB 2386

    By Senator Wilson





    33-661A-06

  1                      A bill to be entitled

  2         An act relating to alternative power supplies

  3         for retail gasoline stations; creating s.

  4         526.155, F.S.; requiring that each retail

  5         gasoline station be equipped with an

  6         alternative generator power source in order

  7         that the station may operate its fuel pumping

  8         system during a power outage caused by a major

  9         disaster; requiring that the alternative

10         generator system be installed by an electrician

11         licensed in this state; providing that the act

12         applies to all self-service and full-service

13         retail gasoline stations; providing exceptions;

14         requiring the Division of Emergency Management

15         in the Department of Community Affairs to

16         produce by a certain date an inventory of the

17         locations of power generators capable of use

18         during a major disaster; requiring the division

19         to implement a program to lease power

20         generators following a major disaster to ensure

21         that retail gasoline stations have an

22         alternative generator power source to supply

23         gasoline to the retail public until the

24         electrical transmission system is restored;

25         authorizing the division to adopt rules to

26         administer the generator-leasing program;

27         preempting to the state the regulation, siting,

28         and placement of alternate power source

29         capabilities and equipment at a motor fuel

30         terminal facility, wholesaler, or retail sales

31         outlet; providing an effective date.

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    Florida Senate - 2006                                  SB 2386
    33-661A-06




 1  Be It Enacted by the Legislature of the State of Florida:

 2  

 3         Section 1.  Section 526.155, Florida Statutes, is

 4  created to read:

 5         526.155  Gasoline supplies following a disaster.--

 6         (1)  Each retail gasoline station that offers motor

 7  fuel to the public must be prewired with an appropriate

 8  transfer switch and capable of using an alternative generator

 9  power source for supplying power to the gasoline station,

10  including power to the gasoline pumping system, whenever there

11  is a disruption in the power supply due to a major disaster as

12  defined in s. 252.34. The components necessary to operate the

13  alternative generator power system at a retail gasoline

14  station must be installed by an electrician licensed in this

15  state.

16         (2)(a)  Subsection (1) applies to any self-service or

17  full-service gasoline station. This section applies to a

18  retail gasoline station that is located on the grounds of, or

19  is owned by, another retail establishment that does not engage

20  in the business of selling motor fuel.

21         (b)  Subsection (1) does not apply to an automobile

22  dealer, a person who operates a fleet of motor vehicles, or a

23  person who sells motor fuels exclusively to a fleet of motor

24  vehicles.

25         Section 2.  (1)  By January 1, 2007, the Division of

26  Emergency Management in the Department of Community Affairs

27  shall complete an inventory of the locations of power

28  generators capable of operation during a major disaster. The

29  inventory must identify, at a minimum, the location of each

30  generator, the number of generators stored at each specific

31  location, to whom the generators belong, whether the owner of

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    Florida Senate - 2006                                  SB 2386
    33-661A-06




 1  the generator is a private enterprise or a governmental

 2  entity, the primary purpose of the generator storage, and the

 3  names, addresses, and telephone numbers of persons having

 4  authority to release the stored generators to the Division of

 5  Emergency Management or to others.

 6         (2)  By July 1, 2007, the Division of Emergency

 7  Management shall implement a program to lease power generators

 8  to retail gasoline stations following a major disaster. The

 9  purpose of the leasing program is to ensure that retail

10  gasoline stations have an alternative generator power source

11  to supply gasoline to the retail public until the electrical

12  transmission system is restored. The division shall cooperate

13  with private enterprise and governmental entities in locating

14  available generators, establishing procedures by which the

15  owners of generators can lease the generators to retail

16  gasoline stations, setting fee schedules for leasing

17  generators, and developing transportation capacity to deliver

18  the generators to the area in need of power generation.

19         (3)  The division may adopt rules to administer the

20  generator-leasing system.

21         Section 3.  Regulation of alternate power supplies;

22  preemption by the state.--Notwithstanding any other law or

23  local ordinance, and in order to ensure an appropriate

24  emergency management response to a major disaster in this

25  state, the regulation, requirements for siting, and placement

26  of alternate power source capabilities and equipment at a

27  motor fuel terminal facility, wholesaler, or retail sales

28  outlet are preempted to the state.

29         Section 4.  This act shall take effect July 1, 2006.

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31  

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    Florida Senate - 2006                                  SB 2386
    33-661A-06




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 2                          SENATE SUMMARY

 3    Requires that each retail gasoline station be equipped
      with an alternative generator power source to operate its
 4    fuel pumping system during a power outage caused by a
      major disaster. Requires the alternative generator system
 5    to be installed by an electrician licensed in this state.
      Requires the Division of Emergency Management in the
 6    Department of Community Affairs to produce an inventory
      of the location of power generators capable of use during
 7    a major disaster. Requires the division to implement a
      program to lease power generators after the cessation of
 8    a major disaster to ensure that retail gasoline stations
      have an alternative generator power source to supply
 9    gasoline to the retail public until the electrical
      transmission system is restored in the damaged area.
10    Preempts to the state the regulation, siting, and
      placement of alternate power source capabilities and
11    equipment at a motor fuel terminal facility, wholesaler,
      or retail sales outlet.
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