Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H3163 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 148 FILED ON: 1/10/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 3163
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	William C. Galvin
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act relative to emergency back up power at gasoline stations.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:William C. Galvin6th Norfolk1/10/2023Carol A. Doherty3rd Bristol2/7/2023 1 of 3
16	16	HOUSE DOCKET, NO. 148 FILED ON: 1/10/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 3163
18	18	By Representative Galvin of Canton, a petition (accompanied by bill, House, No. 3163) of
19	19	William C. Galvin and Carol A. Doherty for legislation to provide access to fuel for private and
20	20	emergency vehicles during emergencies. Telecommunications, Utilities and Energy.
21	21	[SIMILAR MATTER FILED IN PREVIOUS SESSION
22	22	SEE HOUSE, NO. 3305 OF 2021-2022.]
23	23	The Commonwealth of Massachusetts
24	24	_______________
25	25	In the One Hundred and Ninety-Third General Court
26	26	(2023-2024)
27	27	_______________
28	28	An Act relative to emergency back up power at gasoline stations.
29	29	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
30	30	of the same, as follows:
31	31	1 Section 1. The following words and phrases, as used in this chapter, shall have the
32	32	2following meanings, unless the context otherwise requires: “Alternative power generation
33	33	3device”, a permanently fixed generator set and automatic transfer switch device capable of
34	34	4providing electrical power for the primary purpose of dispensing motor fuel, payment acceptance
35	35	5equipment, pump shutoff switches, and other safety equipment. “Declared state of emergency”,
36	36	6any state of emergency within this State declared by the Governor or by the President of the
37	37	7United States. “Disaster”, any natural, technological, or civil emergency that causes damage of
38	38	8sufficient severity and magnitude to result in a declared state of emergency. “Motor fuel”, any
39	39	9combustible liquid or gaseous substance used, or suitable, for the generation of power to propel
40	40	10motor vehicles. “Power outage”, a failure in the supply of electricity causing a temporary 2 of 3
41	41	11cessation in the supply of power. “Retail dealer”, a person that engages in the business of selling
42	42	12or dispensing motor fuel to consumers on a 24 hour per day for every day basis and advertise
43	43	13their services on any highway within the Commonwealth. “Massachusetts Emergency
44	44	14Management Agency”, the Massachusetts Emergency Management Agency in the Public Safety
45	45	15and Security.
46	46	16 Section 2. Every retail dealer in this State shall be equipped with and maintain in a safe
47	47	17and proper working condition an alternative power generation device as defined in section 1.
48	48	18Within 24 hours of a declared state of emergency in which a retail dealer has suffered a power
49	49	19outage, a retail dealer shall begin using an alternative power generation device to resume the
50	50	20selling or dispensing of motor fuel.
51	51	21 Section 3. During regular inspections of a retail dealer, the division of standards in the
52	52	22office of consumer affairs and business regulation, in consultation with the Massachusetts
53	53	23Emergency Management Agency, shall ensure that the retail dealer is equipped with and
54	54	24maintaining in a safe and proper working condition, an alternative power generation device as
55	55	25required pursuant to section 2.
56	56	26 Section 4. A retail dealer that fails to comply with the provisions of this act shall be
57	57	27subject to a civil penalty not to exceed $1,000 for the first offense and not more than $2,500 for
58	58	28any subsequent offense. In determining the amount of the civil penalty, the department shall
59	59	29consider the nature, circumstances, and gravity of the violation, the degree of the respondent’s
60	60	30culpability, and the respondent’s history of prior offenses. A retail dealer shall not be in violation
61	61	31of subsection b. of section 2 if the failure to use an alternative power generation device during a
62	62	32declared state of emergency is due to physical damage to the retail dealer’s facilities or the 3 of 3
63	63	33alternative power generation device sustained during a disaster or during the declared state of
64	64	34emergency.
65	65	35 Section 5. The department is hereby authorized and directed to establish rules and
66	66	36regulations pursuant to the administration of the provisions of this act.
67	67	37 Section 6. This Act shall take effect one year following enactment.