Full Text of SB0268 99th General Assembly
SB0268sam001 99TH GENERAL ASSEMBLY | Sen. Emil Jones, III Filed: 4/17/2015
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| 1 | | AMENDMENT TO SENATE BILL 268
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 268 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. Short title. This Act may be cited as the | 5 | | Emergency Motor Fuel Availability Act. | 6 | | Section 5. Definitions. As used in this Act: | 7 | | "Major disaster" means a disaster that will likely exceed | 8 | | local capabilities and require a broad range of State and | 9 | | federal assistance. | 10 | | "Retail outlet" means a facility, including land and | 11 | | improvements, where motor fuel is offered for sale at retail to | 12 | | the motoring public. | 13 | | "Substantially renovated" means a renovation that results | 14 | | in an increase of greater than 50% in the assessed value of the | 15 | | motor fuel retail outlet. | 16 | | "Terminal facility" means any inland, waterfront, or |
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| 1 | | offshore appurtenance on land used for the purpose of storing, | 2 | | handling, or transferring motor fuel, but does not include bulk | 3 | | storage facilities owned or operated by a wholesaler. | 4 | | "Wholesaler" means any person, other than a refiner or | 5 | | dealer, who purchases motor fuel at a terminal facility and | 6 | | supplies motor fuel to retail outlets. | 7 | | Section 10. Alternate generated power sources required. | 8 | | (a) No later than January 1, 2017, each terminal facility | 9 | | and each wholesaler that sells motor fuel in this State must be | 10 | | capable of operating its distribution loading racks using an | 11 | | alternate generated power source for a minimum of 72 hours. | 12 | | Pending a post-disaster examination of the equipment by the | 13 | | operator to determine any extenuating damage that would render | 14 | | it unsafe to use, the facility must have the alternate | 15 | | generated power source available for operation no later than 36 | 16 | | hours after a major disaster. Installation of appropriate | 17 | | wiring, including a transfer switch, shall be performed by a | 18 | | certified electrical contractor. Each business that is subject | 19 | | to this subsection (a) must keep a copy of the documentation of | 20 | | that installation on site or at its corporate headquarters. In | 21 | | addition, each business must keep a written statement attesting | 22 | | to the periodic testing and ensured operational capacity of the | 23 | | equipment. Upon request, each business shall make the required | 24 | | documents available to the Illinois Emergency Management | 25 | | Agency and the director of the county emergency management |
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| 1 | | agency where the business is located. | 2 | | (b) Each newly constructed or substantially renovated | 3 | | retail outlet, for which a certificate of occupancy is issued | 4 | | on or after January 1, 2016, shall be prewired with an | 5 | | appropriate transfer switch, and capable of operating all fuel | 6 | | pumps, dispensing equipment, life safety systems, and | 7 | | payment-acceptance equipment using an alternate generated | 8 | | power source. Local building inspectors shall include this | 9 | | equipment and operations check in the normal inspection process | 10 | | before issuing a certificate of occupancy. Each retail outlet | 11 | | that is subject to this subsection (b) must keep a copy of the | 12 | | certificate of occupancy on site or at its corporate | 13 | | headquarters. In addition, each retail outlet must keep a | 14 | | written statement attesting to the periodic testing of and | 15 | | ensured operational capability of the equipment. Upon request, | 16 | | each retail outlet shall make the required documents available | 17 | | to the Illinois Emergency Management Agency and the director of | 18 | | the county emergency management agency where the retail outlet | 19 | | is located. | 20 | | (c) No later than January 1, 2017, each of the following | 21 | | retail outlets that are located within one-half mile of an | 22 | | interstate highway or State or federally designated evacuation | 23 | | route must be prewired with an appropriate transfer switch and | 24 | | be capable of operating all fuel pumps, dispensing equipment, | 25 | | life safety systems, and payment-acceptance equipment using an | 26 | | alternate generated power source: |
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| 1 | | (1) A retail outlet located in a county having a | 2 | | population of 500,000 or more that has 16 or more fueling | 3 | | positions. | 4 | | (2) A retail outlet located in a county having a | 5 | | population of 100,000 or more, but fewer than 500,000, that | 6 | | has 12 or more fueling positions. | 7 | | (3) A retail outlet located in a county having a | 8 | | population of fewer than 100,000 that has 8 or more fueling | 9 | | positions. | 10 | | Installation of appropriate wiring and transfer switches | 11 | | must be performed by a certified electrical contractor. Each | 12 | | retail outlet that is subject to this subsection (c) must keep | 13 | | a copy of the documentation of the installation on site or at | 14 | | its corporate headquarters. In addition, each retail outlet | 15 | | must keep a written statement attesting to the periodic testing | 16 | | of and ensured operational capacity of the equipment. Upon | 17 | | request, each retail outlet shall make the required documents | 18 | | available to the Illinois Emergency Management Agency and the | 19 | | director of the county emergency management agency where the | 20 | | retail outlet is located. | 21 | | (d) Subsections (b) and (c) apply to any self-service, | 22 | | full-service, or combination self-service and full-service | 23 | | retail outlet regardless of whether the retail outlet is | 24 | | located on the grounds of, or is owned by, another retail | 25 | | business establishment that does not engage in the business of | 26 | | selling motor fuel. |
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| 1 | | Subsections (b) and (c) do not apply to: | 2 | | (1) an automobile dealer; | 3 | | (2) a person who operates a fleet of motor vehicles; | 4 | | (3) a person who sells motor fuel exclusively to a | 5 | | fleet of motor vehicles; or | 6 | | (4) a motor fuel retail outlet that has a written | 7 | | agreement with a public hospital, in a form approved by the | 8 | | Illinois Emergency Management Agency, wherein the public | 9 | | hospital agrees to provide the motor fuel retail outlet | 10 | | with an alternative means of power generation onsite so | 11 | | that the outlet's fuel pumps may be operated in the event | 12 | | of a power outage. | 13 | | (e) Each corporation or other entity that owns 10 or more | 14 | | retail outlets located within a single county shall maintain at | 15 | | least one portable generator that is capable of providing an | 16 | | alternate generated power source as required under subsection | 17 | | (b) for every 10 outlets. If an entity owns more than 10 | 18 | | outlets or a multiple of 10 outlets plus an additional 6 | 19 | | outlets, the entity must provide one additional generator to | 20 | | accommodate the additional outlets. Each portable generator | 21 | | must be stored within this State, or may be stored in another | 22 | | state if located within 250 miles of this State, and must be | 23 | | available for use in an affected location within 24 hours after | 24 | | a disaster. | 25 | | (f) Each corporation or other entity that owns 10 or more | 26 | | retail outlets located within a single Illinois Emergency |
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| 1 | | Management Agency region, and that does not own additional | 2 | | outlets located outside the domestic security region shall | 3 | | maintain a written document of agreement with one or more | 4 | | similarly equipped entities for the use of portable generators | 5 | | that may be used to meet the requirements of subsection (e) and | 6 | | that are located within this State but outside the affected | 7 | | domestic security region. The agreement may be reciprocal, may | 8 | | allow for payment for services rendered by the providing | 9 | | entity, and must guarantee the availability of the portable | 10 | | generators to an affected location within 24 hours after a | 11 | | disaster. | 12 | | (g) Upon written request, the Illinois Emergency | 13 | | Management Agency may temporarily waive the requirements in | 14 | | paragraphs (a) and (b) if the generators are used in | 15 | | preparation for or response to an emergency or major disaster | 16 | | in another state. The waiver shall be in writing and include a | 17 | | beginning and ending date. The waiver may provide additional | 18 | | conditions as deemed necessary by the Illinois Emergency | 19 | | Management Agency. The waiver may be modified or terminated by | 20 | | the Illinois Emergency Management Agency if the Governor | 21 | | declares an emergency. | 22 | | (h) For purposes of this Act, ownership of a retail outlet | 23 | | is the owner of record of the fuel storage systems operating at | 24 | | the location, as registered with the Office of the Illinois | 25 | | State Fire Marshal Underground Storage Tank Program pursuant to | 26 | | the Gasoline Storage Act.".
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