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