Senate Bill sb0528c1

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2006               CS for SB's 528, 530 & 858

    By the Committee on Domestic Security; and Senators Geller,
    Atwater, Diaz de la Portilla, Campbell, Bullard and Klein




    583-1812-06

  1                      A bill to be entitled

  2         An act relating to emergency management;

  3         creating s. 526.143, F.S.; requiring motor fuel

  4         terminal facilities, wholesalers, new or

  5         substantially renovated motor fuel retail

  6         outlets, and other motor fuel retail outlets

  7         meeting specified criteria for size and

  8         location to be capable of operating with

  9         alternate generated power; providing

10         requirements for the installation of such

11         equipment; requiring that such businesses

12         maintain documentation of compliance; providing

13         exemptions; creating the Florida Disaster Motor

14         Fuel Supplier Program within the Department of

15         Community Affairs; providing for motor fuel

16         retail outlets to participate in a network of

17         emergency responders; prescribing duties of

18         county emergency management agencies and the

19         Division of Emergency Management; prescribing

20         requirements to participate in the program;

21         providing for security at participating

22         outlets; exempting participating outlets from

23         curfew requirements; providing a state tax

24         credit for equipment and installation costs to

25         motor fuel retail outlets participating in the

26         program; preempting regulation of alternate

27         power sources at motor fuel terminal

28         facilities, wholesalers, and motor fuel retail

29         outlets to the state; requiring the Division of

30         Emergency Management to complete an inventory

31         of generators owned by the state and local

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006               CS for SB's 528, 530 & 858
    583-1812-06




 1         governments; authorizing the division to

 2         maintain a list of private entities offering

 3         generators for sale or lease and make that list

 4         available to the public; requiring that the

 5         Energy Office of the Department of

 6         Environmental Protection review the progress in

 7         postdisaster fuel supply distribution and

 8         provide a report to the Legislature; providing

 9         for severability; providing an effective date.

10  

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

12  

13         Section 1.  Section 526.143, Florida Statutes, is

14  created to read:

15         526.143  Alternate generated power capacity for motor

16  fuel dispensing facilities.--

17         (1)  By December 31, 2006, each motor fuel terminal

18  facility, as defined in s. 526.303, and each wholesaler, as

19  defined in s. 526.303, which sells motor fuel in this state

20  must be capable of operating its distribution loading racks

21  using an alternate generated power source for a minimum of 72

22  hours. Pending a postdisaster examination of the equipment by

23  the operator to determine any extenuating damage that would

24  render it unsafe to use, the facility must have such alternate

25  generated power source available for operation no later than

26  36 hours after a major disaster as defined in s. 252.34.

27  Installation of appropriate wiring, including a transfer

28  switch, shall be performed by a certified electrical

29  contractor. Each business that is subject to this subsection

30  must keep a copy of the documentation of such installation on

31  site or at its corporate headquarters. In addition, each

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006               CS for SB's 528, 530 & 858
    583-1812-06




 1  business must keep a written statement attesting to the

 2  periodic testing and ensured operational capacity of the

 3  equipment. The required documents must be made available, upon

 4  request, to the Division of Emergency Management and the

 5  director of the county emergency management agency.

 6         (2)  Each newly constructed or substantially renovated

 7  motor fuel retail outlet, as defined in s. 526.303, for which

 8  a certificate of occupancy is issued on or after July 1, 2006,

 9  shall be prewired with an appropriate transfer switch, and

10  capable of operating all fuel pumps, dispensing equipment,

11  life-safety systems, and payment-acceptance equipment using an

12  alternate generated power source. As used in this subsection,

13  the term "substantially renovated" means a renovation that

14  results in an increase of greater than 50 percent in the

15  assessed value of the motor fuel retail outlet. Local building

16  inspectors shall include this equipment and operations check

17  in the normal inspection process before issuing a certificate

18  of occupancy. Each retail outlet that is subject to this

19  subsection must keep a copy of the certificate of occupancy on

20  site or at its corporate headquarters. In addition, each

21  retail outlet must keep a written statement attesting to the

22  periodic testing of and ensured operational capability of the

23  equipment. The required documents must be made available, upon

24  request, to the Division of Emergency Management and the

25  director of the county emergency management agency.

26         (3)(a)  No later than December 31, 2006, each motor

27  fuel retail outlet described in subparagraphs 1., 2., or 3.,

28  which is located within 1/2 mile proximate to an interstate

29  highway or state or federally designated evacuation route must

30  be prewired with an appropriate transfer switch and be capable

31  of operating all fuel pumps, dispensing equipment, life-safety

                                  3

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006               CS for SB's 528, 530 & 858
    583-1812-06




 1  systems, and payment-acceptance equipment using an alternate

 2  generated power source:

 3         1.  A motor fuel retail outlet located in a county

 4  having a population of 300,000 or more which has 16 or more

 5  fueling positions.

 6         2.  A motor fuel retail outlet located in a county

 7  having a population of 100,000 or more, but fewer than

 8  300,000, which has 12 or more fueling positions.

 9         3.  A motor fuel retail outlet located in a county

10  having a population of fewer than 100,000 which has eight or

11  more fueling positions.

12         (b)  Installation of appropriate wiring and transfer

13  switch shall be performed by a certified electrical

14  contractor. Each retail outlet that is subject to this

15  subsection must keep a copy of the documentation of such

16  installation on site or at its corporate headquarters. In

17  addition, each retail outlet must keep a written statement

18  attesting to the periodic testing of and ensured operational

19  capacity of the equipment. The required documents must be made

20  available, upon request, to the Division of Emergency

21  Management and the director of the county emergency management

22  agency.

23         (4)(a)  Subsections (2) and (3) apply to any

24  self-service, full-service, or combination self-service and

25  full-service motor fuel retail outlet regardless of whether

26  the retail outlet is located on the grounds of, or is owned

27  by, another retail business establishment that does not engage

28  in the business of selling motor fuel.

29         (b)  Subsections (2) and (3) do not apply to:

30         1.  An automobile dealer;

31         2.  A person who operates a fleet of motor vehicles; or

                                  4

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006               CS for SB's 528, 530 & 858
    583-1812-06




 1         3.  A person who sells motor fuel exclusively to a

 2  fleet of motor vehicles.

 3         (5)  Each corporation that owns or operates more than

 4  10 motor fuel retail outlets within a single county shall

 5  maintain at least one portable generator that is capable of

 6  providing an alternate generated power source as required

 7  under s. 526.143(2) for every 10 retail outlets.

 8         Section 2.  Florida Disaster Motor Fuel Supplier

 9  Program.--

10         (1)  The Florida Disaster Motor Fuel Supplier Program

11  is created within the Department of Community Affairs. The

12  Florida Disaster Motor Fuel Supplier Program shall allow any

13  motor fuel retail outlet doing business in the state to

14  participate in a network of emergency responders for the

15  purpose of providing fuel supplies and services to government,

16  medical, critical infrastructure, and other responders, as

17  well as to the general public, during a declared disaster, as

18  described in s. 252.36, Florida Statutes. Participation in the

19  program requires precertification of preparedness to provide

20  emergency services by the Division of Emergency Management or

21  the director of the county emergency management agency.

22  Requirements for precertification shall be established by the

23  Division of Emergency Management or by the director of the

24  county emergency management agency by July 1, 2006.

25         (a)  A business that is precertified shall be issued a

26  State Emergency Response Team logo decal for public display to

27  alert responders and the public that the business is capable

28  of assisting in an emergency. In each county having an active

29  program, the county emergency management agency shall be

30  primarily responsible for administering the program within

31  that county. In counties that do not have active programs, the

                                  5

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006               CS for SB's 528, 530 & 858
    583-1812-06




 1  Division of Emergency Management shall have the authority to

 2  precertify businesses as members of the State Emergency

 3  Response Team and issue appropriate signage.

 4         (b)  The Division of Emergency Management may adopt

 5  rules to administer this program. The Division of Emergency

 6  Management or the emergency management agency of the county

 7  may charge a fee to cover the actual costs of precertifying a

 8  location, including the cost of performing an inspection,

 9  filing the necessary forms, and producing the logo decal for

10  public display. Additional charges may not be imposed for

11  processing the individual documents associated with the

12  program. Funds collected shall be deposited into the Emergency

13  Management Preparedness Trust Fund or, if the emergency

14  management agency of the county is administering the program,

15  into the appropriate county operating account.

16         (2)  At a minimum, each business that is precertified

17  as a member of the State Emergency Response Team must have the

18  capability to provide on site fuel-dispensing services to

19  other members of the State Emergency Response Team within 24

20  hours after a major disaster has occurred, or demonstrate the

21  ability to have such service available and agree to make

22  service available as needed. A business may choose to sell

23  fuel through a preexisting contract with local, state, or

24  federal response agencies or may provide point-of-sale service

25  to such agencies. In addition, a business may choose to sell

26  to the general public or may be directed to provide such

27  service by county or state emergency management officials

28  pursuant to ss. 252.35 and 252.38, Florida Statutes. If

29  requested, appropriate law enforcement security personnel may

30  be provided to the participating business for the purpose of

31  maintaining civil order during operating hours.

                                  6

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006               CS for SB's 528, 530 & 858
    583-1812-06




 1         (3)  Persons who are designated as members of the State

 2  Emergency Response Team and who can produce appropriate

 3  identification, as determined by state or county emergency

 4  management officials, shall be given priority for purchasing

 5  fuel at businesses designated as members of the State

 6  Emergency Response Team. A business may be directed by county

 7  or state emergency management officials to remain open during

 8  a declared curfew in order to provide service for emergency

 9  personnel. Under such direction, the business is not in

10  violation of the curfew and may not be penalized for such

11  operation and the emergency personnel are not in violation of

12  the curfew. A person traveling during a curfew must be able to

13  produce valid official documentation of his or her position

14  with the State Emergency Response Team or the local emergency

15  management agency. Such documentation may include, but need

16  not be limited to, current SERT identification badge, current

17  law enforcement or other response agency identification or

18  shield, current health care employee identification card, or

19  current government services identification card indicating a

20  critical services position.

21         (4)  A business that is designated as a member of the

22  State Emergency Response Team may request priority in

23  receiving a resupply of fuel in order to continue service to

24  emergency responders. Such request is not binding, but shall

25  be considered by emergency management officials in determining

26  appropriate response actions.

27         (5)  A motor fuel retail outlet that chooses to

28  participate in the Florida Disaster Motor Fuel Supplier

29  Program may receive a state tax credit of up to 25 percent of

30  the value of a purchase of equipment and installation required

31  to meet certification requirements established by the Division

                                  7

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006               CS for SB's 528, 530 & 858
    583-1812-06




 1  of Emergency Management or by the director of the county

 2  emergency management agency. The total tax credit for a single

 3  certified location may not exceed $15,000. The Department of

 4  Revenue may issue the credit with prior approval with the

 5  facility's payment of taxes on motor fuel sales or corporate

 6  taxes which shall be predetermined by the department and the

 7  facility owner.

 8         Section 3.  Regulation of alternate power sources at

 9  motor fuel outlets and other facilities preempted to the

10  state.--Notwithstanding any other law or local ordinance and

11  for the purpose of ensuring an appropriate emergency

12  management response following major disasters in this state,

13  the regulation, siting, and placement of alternate power

14  source capabilities and equipment at motor fuel terminal

15  facilities, wholesalers, and retail sales outlets are

16  preempted to the state.

17         Section 4.  (1)  By January 1, 2007, the Division of

18  Emergency Management shall complete an inventory of generators

19  owned by the state and local governments which are capable of

20  operating during a major disaster. The inventory must

21  identify, at a minimum, the location of each generator, the

22  number of generators stored at each specific location, to

23  which agency the generators belong, the primary use of the

24  generator by the owner agency, and the names, addresses, and

25  telephone numbers of persons having the authority to loan the

26  stored generators as authorized by the Division of Emergency

27  Management during a declared emergency.

28         (2)  The division shall maintain an inventory list of

29  generators owned by the state and local governments. In

30  addition, the division may keep a list of private entities,

31  along with appropriate contact information, which offer

                                  8

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006               CS for SB's 528, 530 & 858
    583-1812-06




 1  generators for sale or lease. The list of private entities

 2  shall be available to the public for inspection in written and

 3  electronic formats.

 4         Section 5.  Review of Florida disaster motor fuel

 5  supply distribution.--The Energy Office of the Department of

 6  Environmental Protection shall review situational progress in

 7  postdisaster motor fuel supply distribution and provide a

 8  report to the Legislature by March 1, 2007. The report must

 9  include information concerning statewide compliance with s.

10  526.143, Florida Statutes, and an identification of all motor

11  fuel retail outlets that are participating in the Florida

12  Disaster Motor Fuel Supplier Program.

13         Section 6.  If any provision of this act or its

14  application to any person or circumstance is held invalid, the

15  invalidity does not affect other provisions or applications of

16  the act which can be given effect without the invalid

17  provision or application, and to this end the provisions of

18  this act are severable.

19         Section 7.  This act shall take effect upon becoming a

20  law.

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  9

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006               CS for SB's 528, 530 & 858
    583-1812-06




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                       SB 528, 530 and 858

 3                                 

 4  This committee substitute bill further defines motor fuel
    dispensing facilities required to have alternate generated
 5  power capacity. In addition to newly constructed or
    substantially renovated motor fuel retail outlets, the bill
 6  requires that motor fuel terminal facilities and wholesalers
    and certain existing motor fuel retail outlets that are
 7  located within 1/2 mile of designated evacuation routes be
    capable of operating on alternate generated power. The bill
 8  requires businesses to keep and produce records upon request,
    documenting the installation and periodic maintenance of
 9  necessary equipment.

10  This committee substitute bill establishes the Florida
    Disaster Motor Fuel Supplier Program within the Department of
11  Community Affairs.

12  This committee substitute bill also:

13  1.   Provides that regulation of alternate power sources at
         motor fuel outlets be preempted to the state
14  
    2.   Requires the Division of Emergency Management to complete
15       and inventory of generators owned by the state and local
         govenments which are capable of operating during a major
16       disaster

17  3    Requires the Energy Office of the Department of
         Environmental Protection to review the situational
18       progress in post-disaster motor fuel supply distribution

19  4.   Provides that corporations that own or operate more than
         10 outlets in a single county must maintain one portable
20       generator for every 10 outlets

21  5.   Provides for severability should any provisiion of the
         act be held invalid, and
22  
    6.   Eliminates the criminal penalty for violation of the
23       section

24  

25  

26  

27  

28  

29  

30  

31  

                                  10

CODING: Words stricken are deletions; words underlined are additions.