| 1 | The Agriculture Committee recommends the following: |
| 2 |
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| 3 | Council/Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 |
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| 6 | A bill to be entitled |
| 7 | An act relating to disaster preparedness response and |
| 8 | recovery; creating s. 526.143, F.S.; providing that each |
| 9 | motor fuel terminal facility and wholesaler that sells |
| 10 | motor fuel in the state must be capable of operating its |
| 11 | distribution loading racks using an alternate power source |
| 12 | for a specified period by a certain date; providing |
| 13 | requirements with respect to the operation of such |
| 14 | equipment following a major disaster; providing |
| 15 | requirements with respect to inspection of such equipment; |
| 16 | requiring newly constructed or substantially renovated |
| 17 | motor fuel retail outlets to be capable of operation using |
| 18 | an alternate power source; defining "substantially |
| 19 | renovated"; providing inspection requirements; requiring |
| 20 | certain motor fuel retail outlets to be capable of |
| 21 | operation using an alternate power source by a specified |
| 22 | date; requiring certain owners of motor fuel retail |
| 23 | outlets within a county to maintain a portable generator |
| 24 | as an alternate power source for a specified number of |
| 25 | outlets; providing inspection and recordkeeping |
| 26 | requirements; providing applicability; providing |
| 27 | severability; providing for preemption to the state of the |
| 28 | regulation of and requirements for siting and placement of |
| 29 | an alternate power source and any related equipment at |
| 30 | motor fuel terminal facilities, wholesalers, and retail |
| 31 | sales outlets; amending s. 252.35, F.S.; expanding the |
| 32 | duty of the Division of Emergency Management to conduct a |
| 33 | public educational campaign on emergency preparedness |
| 34 | issues; providing an additional duty of the division with |
| 35 | respect to educational outreach concerning disaster |
| 36 | preparedness; providing an effective date. |
| 37 |
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| 38 | Be It Enacted by the Legislature of the State of Florida: |
| 39 |
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| 40 | Section 1. Section 526.143, Florida Statutes, is created |
| 41 | to read: |
| 42 | 526.143 Alternate means of power generation for motor fuel |
| 43 | dispensing facilities.-- |
| 44 | (1) No later than December 31, 2006, each motor fuel |
| 45 | terminal facility, as defined in s. 526.303(16), and wholesaler, |
| 46 | as defined in s. 526.303(17), that sells motor fuel in this |
| 47 | state must be capable of operating its distribution loading |
| 48 | racks using an alternate power source for a minimum of 72 hours. |
| 49 | Pending a postdisaster examination of the equipment by the |
| 50 | operator to determine any extenuating damage that would render |
| 51 | it inoperable or unsafe to use, the facility must have such |
| 52 | alternate power source available for operation no later than 36 |
| 53 | hours after a major disaster, as defined in s. 252.34. Initial |
| 54 | inspection for proper installation and operation shall be |
| 55 | completed by a local building inspector, and verification of the |
| 56 | inspection must be submitted to the local county emergency |
| 57 | management agency. Inspectors from the Department of Agriculture |
| 58 | and Consumer Services shall perform a periodic visual inspection |
| 59 | of the alternate power source to ensure that the emergency |
| 60 | auxiliary electrical equipment is installed. Each facility shall |
| 61 | perform annual inspections to ensure that the emergency |
| 62 | auxiliary electrical generators are in good working order. |
| 63 | (2) Each newly constructed or substantially renovated |
| 64 | motor fuel retail outlet, as defined in s. 526.303(14), for |
| 65 | which a certificate of occupancy is issued on or after July 1, |
| 66 | 2006, must be prewired with an appropriate transfer switch and |
| 67 | be capable of operating all fuel pumps, dispensing equipment, |
| 68 | life-safety systems, and payment acceptance equipment using an |
| 69 | alternate power source. As used in this subsection, the term |
| 70 | "substantially renovated" means a renovation that results in an |
| 71 | increase of greater than 50 percent in the assessed value of the |
| 72 | motor fuel retail outlet. Local building inspectors shall |
| 73 | include an equipment and operations check for compliance with |
| 74 | this subsection in the normal inspection process before issuing |
| 75 | a certificate of occupancy. A copy of the certificate of |
| 76 | occupancy shall be provided to the county emergency management |
| 77 | agency upon issuance of such certificate. Each facility shall |
| 78 | perform periodic inspections to ensure that the installed |
| 79 | transfer switch and emergency auxiliary electrical generators |
| 80 | are in good working order and provide proof of those inspections |
| 81 | to the county emergency management agency. |
| 82 | (3)(a) No later than December 31, 2006, each motor fuel |
| 83 | retail outlet described in subparagraph 1. or subparagraph 2. |
| 84 | must be prewired with an appropriate transfer switch and be |
| 85 | capable of operating all fuel pumps, dispensing equipment, life- |
| 86 | safety systems, and payment-acceptance equipment using an |
| 87 | alternate power source: |
| 88 | 1. A motor fuel retail outlet which has 16 or more fueling |
| 89 | positions. |
| 90 | 2. A motor fuel retail outlet that had a minimum monthly |
| 91 | average motor fuel sales volume of 125,000 gallons for any 6- |
| 92 | month period during calendar year 2005. |
| 93 | (b) A person or corporation that owns or operates more |
| 94 | than 10 motor fuel retail outlets within a single county shall |
| 95 | maintain at least one portable generator that is capable of |
| 96 | providing an alternate power source as required under subsection |
| 97 | (2) for every 10 retail outlets owned or operated by the person |
| 98 | or corporation. |
| 99 | (c) Installation of the wiring and transfer switch |
| 100 | required under paragraph (a) shall be performed by a certified |
| 101 | electrical contractor. Each retail outlet subject to this |
| 102 | subsection must keep a copy of the documentation of such |
| 103 | installation on site or at its corporate headquarters. In |
| 104 | addition, each retail outlet must keep a written record that |
| 105 | confirms the periodic testing and ensured operational capacity |
| 106 | of the equipment. The required documents must be made available |
| 107 | upon request to the Division of Emergency Management and the |
| 108 | county emergency management agency. |
| 109 | (4)(a) Subsections (2) and (3) apply to any self-service, |
| 110 | full-service, or combination self-service and full-service motor |
| 111 | fuel outlet regardless of whether the business is located on the |
| 112 | grounds of, or is owned by, another retail business |
| 113 | establishment that does not engage in the business of selling |
| 114 | motor fuel. |
| 115 | (b) Subsections (2) and (3) do not apply to: |
| 116 | 1. An automobile dealer; |
| 117 | 2. A person who operates a fleet of motor vehicles; or |
| 118 | 3. A person who sells motor fuel exclusively to a fleet of |
| 119 | motor vehicles. |
| 120 | (5) If any provision of this section or its application to |
| 121 | any person or circumstance is held invalid, the invalidity does |
| 122 | not affect other provisions or applications of the section which |
| 123 | can be given effect without the invalid provision or |
| 124 | application, and to this end the provisions of this section are |
| 125 | declared severable. |
| 126 | (6) Notwithstanding any other law or local ordinance, to |
| 127 | ensure an appropriate emergency management response to major |
| 128 | disasters in the state, the regulation of and requirements for |
| 129 | the siting and placement of an alternate power source and any |
| 130 | related equipment at motor fuel terminal facilities, |
| 131 | wholesalers, and retail sales outlets shall be exclusively |
| 132 | controlled by the state. |
| 133 | Section 2. Paragraph (i) of subsection (2) of section |
| 134 | 252.35, Florida Statutes, is amended, paragraphs (j) through (v) |
| 135 | are renumbered as paragraphs (k) through (w), respectively, and |
| 136 | a new paragraph (j) is added to that subsection, to read: |
| 137 | 252.35 Emergency management powers; Division of Emergency |
| 138 | Management.-- |
| 139 | (2) The division is responsible for carrying out the |
| 140 | provisions of ss. 252.31-252.90. In performing its duties under |
| 141 | ss. 252.31-252.90, the division shall: |
| 142 | (i) Institute statewide public awareness programs. This |
| 143 | shall include an intensive public educational campaign on |
| 144 | emergency preparedness issues, including, but not limited to, |
| 145 | the personal responsibility of individual citizens to be self- |
| 146 | sufficient for up to 72 hours following a natural or manmade |
| 147 | disaster. The public educational campaign shall include relevant |
| 148 | information on statewide disaster plans, evacuation routes, fuel |
| 149 | suppliers, and shelters. All educational materials must be |
| 150 | available in alternative formats and mediums to ensure that they |
| 151 | are available to persons with disabilities. |
| 152 | (j) The Division of Emergency Management and the |
| 153 | Department of Education shall coordinate with the Agency For |
| 154 | Persons with Disabilities to provide an educational outreach |
| 155 | program on disaster preparedness and readiness to individuals |
| 156 | who have limited English skills and identify persons who are in |
| 157 | need of assistance but are not defined under special-needs |
| 158 | criteria. |
| 159 | Section 3. This act shall take effect July 1, 2006. |