STATE OF NEW YORK
________________________________________________________________________
7516
2011-2012 Regular Sessions
IN ASSEMBLY
May 9, 2011
___________
Introduced by M. of A. HEASTIE -- read once and referred to the Commit-
tee on Agriculture
AN ACT to amend the agriculture and markets law, in relation to alterna-
tive power sources for retail food stores located within cities having
a population of one million or more
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The agriculture and markets law is amended by adding a new
2 section 251-z-3-1 to read as follows:
3 § 251-z-3-1. Alternative power sources for retail food stores within
4 cities having a population of one million or more. 1. For the purposes
5 of this section:
6 a. "Transfer switch" means a quick connect or a switchboard designed
7 to allow a connection of a mobile generator, or other alternative power
8 source, to a retail food store, as defined and required by this section.
9 b. "Front-end transactional system" means the operation of all elec-
10 tronic payment devices at food retail stores, including but not limited
11 to cash registers, barcode scanning equipment, credit and/or debit card
12 machines and electronic benefit transfers (EBT).
13 c. "Alternative power source" means a source of electrical power other
14 than a source that requires interconnection to the facilities of an
15 electric corporation, as defined in section two of the public service
16 law, that is: (i) capable of providing electrical power for the opera-
17 tion of all front-end transactional systems, emergency lighting and fire
18 and security systems necessary for the sale of non-perishable food and
19 food products, as defined by section two hundred fifty-one-z-two of this
20 article, continuously for a minimum of twenty-four hours; and (ii)
21 generated by solar or wind power, or fuel that has a sulfur content of
22 no more than fifteen parts per million.
23 d. "Executive declaration" means a declaration issued by the mayor of
24 a city having a population of one million or more during a power inter-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11272-01-1
A. 7516 2
1 ruption that retail food stores affected by a power interruption are
2 required to be capable of generating electrical power using an alterna-
3 tive power source pursuant to subdivision three of this section. Such
4 declaration may be issued by any agency of such city that has been
5 designated by such mayor for the purpose of issuing such a declaration.
6 e. "Retail food store" means any establishment or section of an estab-
7 lishment, located within a city having a population of one million or
8 more, where food and food products are offered to the consumer and are
9 intended for off-premises consumption, and that either consists of twen-
10 ty thousand square feet or more of floor space or has sixty or more
11 employees in full and/or part-time positions.
12 f. "Power interruption" means the loss of electrical power from the
13 facilities of an electric corporation, as defined in section two of the
14 public service law, to a retail food store.
15 2. No later than January first, two thousand thirteen, every retail
16 food store shall have installed in such facility an appropriate transfer
17 switch and all other electrical wiring necessary to effectuate the
18 transfer of power to an alternative power source.
19 3. Beginning no later than January first, two thousand thirteen, every
20 retail food store affected by a power interruption shall, no later than
21 twenty-four hours after the issuance of an executive declaration or such
22 later time as set forth in such declaration, be capable of generating
23 electrical power using an alternative power source to operate at such
24 retail food store's front-end transactional systems, emergency lighting
25 and fire and security systems necessary for the sale of non-perishable
26 food and food products.
27 4. The installation and maintenance of the transfer switch ("quick
28 connect") and all other electrical work necessary to effectuate the
29 transfer of power to an alternative power source, as required by subdi-
30 vision two of this section, and the alternative power source, as
31 required by subdivision three of this section, shall comply with all
32 applicable laws and regulations, including local construction and fire
33 codes.
34 5. Each person who owns, leases, operates or otherwise manages or
35 controls a retail food store shall maintain at such facility documenta-
36 tion of the installation required by subdivision two of this section, as
37 well as any periodic testing necessary to ensure the operational capa-
38 bility of such installation. Such documentation shall be made available,
39 upon request, to the local emergency management officer.
40 6. The willful failure of any person who owns, leases, operates or
41 otherwise manages or controls a retail food store to comply with any of
42 the provisions of this section shall be punishable by the penalties
43 described in article three of this chapter, in addition to the penalties
44 described in section two hundred fifty-one-z-ten of this article. If
45 such failure to comply results from the breakdown of or any damage to an
46 alternative power source, transfer switch or electrical wiring necessary
47 to effectuate the transfer of power to an alternative power source in
48 the event of a power interruption, the failure to repair or replace such
49 alternative power source, transfer switch or electrical wiring within a
50 reasonable time shall constitute willful conduct.
51 7. Nothing in this section shall preclude the application of local
52 laws and regulations, not inconsistent with this section, governing the
53 installation, maintenance and inspection of, and other requirements
54 relating to, alternative power sources.
55 § 2. This act shall take effect immediately.
