HB 965

1	A bill to be entitled
2	An act relating to the Consumer Emergency Gasoline Act;
3	creating s. 206.627, F.S.; requiring the owners of certain
4	retail gasoline stations to purchase and install equipment
5	to provide an alternative means of generating electric
6	power for purposes of operating the station's fuel pumps
7	under certain circumstances; providing application;
8	providing a schedule of compliance; providing a criminal
9	penalty; providing for a credit against motor fuel tax
10	collections to any retail gasoline station owner who
11	purchases and installs such equipment; providing
12	limitations; requiring the Department of Revenue to
13	provide forms and procedures for the credit by rule;
14	preempting to the state the regulation, siting
15	requirements, and placement of electric power generators
16	at petroleum retail and wholesale facilities; providing an
17	effective date.
18
19	Be It Enacted by the Legislature of the State of Florida:
20
21	Section 1.  Section 206.627, Florida Statutes, is created
22	to read:
23	206.627  Consumer Emergency Gasoline Act.--
24	(1)  The owner of any gasoline station that sells motor
25	fuel at retail to the general public and that had a minimum
26	monthly average motor fuel sales volume of 125,000 gallons for
27	any 6-month period during calendar year 2005 shall purchase and
28	install on the station property equipment that provides an
29	alternative means of generating electric power for purposes of
30	operating the station's fuel pumps in the event of an electric
31	power outage or interruption in electric service. Such equipment
32	must be maintained and kept fully operational at all times, and
33	the station must be capable of pumping motor fuel immediately
34	upon the occurrence of an electric power outage or interruption
35	in electric service.
36	(2)  Notwithstanding the volume limitation in subsection
37	(1), subsection (1) also applies to the owner of any newly
38	constructed gasoline station for which a certificate of
39	occupancy and operation is issued on or after June 1, 2006.
40	Subject to the volume limitation in subsection (1), the owner of
41	a gasoline station for which a certificate of occupancy and
42	operation was issued before June 1, 2006, shall comply with the
43	requirements of subsection (1) by December 1, 2007.
44	(3)  The owner of a gasoline station who fails to comply
45	with the requirements of this section commits a misdemeanor of
46	the second degree, punishable as provided in s. 775.082 or s.
47	775.083.
48	(4)(a)  The owner of any gasoline station who purchases and
49	installs equipment described in subsection (1) is entitled to a
50	credit against the motor fuel taxes collected at that station
51	for purposes of defraying the costs of purchasing and installing
52	that equipment. The amount of the credit shall not exceed the
53	cost of purchasing and installing the equipment at that station.
54	The maximum amount of the credit shall be based upon the amount
55	of motor fuel taxes collected at that station during March 2006.
56	(b)  The station owner must apply to the department for the
57	credit on forms developed by the department and pursuant to
58	procedures adopted by the department.
59	(c)  The department shall provide by rule forms and
60	procedures for applying for and granting the credit authorized
61	under this subsection.
62	Section 2.  Regulation of generators at petroleum
63	facilities preempted to state.--Notwithstanding any other law or
64	local ordinance and to ensure the optimization of uniform
65	electric power generation placement at petroleum facilities
66	throughout the state, the regulation, requirements for siting,
67	and placement of electric power generators at petroleum retail
68	and wholesale facilities are preempted to the state.
69	Section 3.  This act shall take effect June 1, 2006.

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