Bill > S209

Introduced Session

This bill provides for a number of measures designed to assure the operation of certain motor fuel storage, distribution and dispensing facilities during disasters and emergencies. Specifically, the bill requires that no later than December 31, 2006, each motor fuel terminal facility and wholesaler that sells motor fuel in this State shall be capable, in the event of a disaster, of operating its motor fuel distribution loading racks using an alternate generated power source for a minimum of 72 hours. The bill further requires that each newly constructed or substantially renovated gasoline station for which a certificate of occupancy is issued on or after September 1, 2006, and all gasoline stations having eight or more fueling positions that are within five miles of an interstate highway or a State or federally-designated evacuation route by no later than December 31, 2006, are to be pre-wired with an appropriate transfer switch, and be capable of operating all fuel pumps, dispensing equipment, life-safety systems, and payment acceptance equipment using an alternate generated power source. The bill establishes the "New Jersey Disaster Motor Fuel Supplier Program" ("program") within the Department of Law and Public Safety. The program is to allow any motor fuel retail dealer doing business in this State to participate in a network of emergency responders to provide motor fuel supplies and services at their gasoline stations to government, medical, critical infrastructure, and other emergency responders, as well as the general public, during a declared state of emergency. Participation in the program would require a pre-certification of preparedness of the retail dealer by the State Office of Emergency Management ("OEM") to provide emergency motor fuel supplies and services. The Director of the State OEM is to establish requirements for such pre-certification by no later than September 1, 2006. No retail dealer is to be pre-certified unless that retail dealer has the on-site capability to provide motor fuel dispensing services to emergency responders, demonstrates the ability to have such service available within 24 hours after a declared state of emergency, and agrees to make such service available as needed. The bill provides that during a declared state of emergency, emergency response personnel who can produce appropriate identification, as determined by State or county emergency management officials, are to be given priority for motor fuel purchases at gasoline stations operated by retail dealers that are certified under the program. Such certified gasoline stations may be directed by county or state emergency management officials to remain open for a period during a declared curfew to provide service for emergency personnel. Under such direction, such certified gasoline stations are not to be deemed in violation of the curfew and are not to be penalized for such operation, nor shall the emergency personnel be in violation of such curfew. Retail dealers that are pre-certified may request the Director of the State OEM for priority re-supply fueling in order to continue service to emergency responders. The bill provides to a retail dealer participating in the program a tax credit in an amount equal to 25 percent of the cost of the purchase and installation during the taxable year of the transfer switch and alternate generated power source required to meet the certification requirements established by the State OEM. The total tax credit to be given to a retail dealer is not to exceed $15,000.

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Jim Holzapfel (R)*, 

Introduced in the Senate, Referred to Senate Law and Public Safety Committee (on 01/12/2016)