BILL REQ. #:  H-1643.1 

Read first time 02/06/2007.   Referred to Committee on Public Safety & Emergency Preparedness.

     AN ACT Relating to improving the availability of motor vehicle fuel in the event of an electric power outage or interruption in electric service; adding a new section to chapter 82.04 RCW; adding a new chapter to Title 19 RCW; creating a new section; and prescribing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   The definition in this section applies throughout this chapter unless the context clearly requires otherwise.
     "Motor fuel retail outlet" means a facility where motor fuel is offered for sale, at retail, to the general public. "Motor fuel retail outlet" includes any self-service, full-service, or combination self-service and full-service facility, regardless of whether the facility is located on the grounds of, or is owned by, another retail business establishment that does not engage in the business of selling motor fuel.

NEW SECTION.  Sec. 2   (1) Each motor fuel retail outlet shall purchase and install equipment that provides an alternative means of generating electric power for purposes of operating all fuel pumps and payment acceptance equipment in the event of an electric power outage or interruption in electric service.
     (2) The equipment must be maintained and kept fully operational at all times. The motor fuel retail outlet must be capable of pumping motor fuel and operating payment acceptance equipment immediately upon the occurrence of an electric power outage or interruption in electric service.
     (3) Installation of the backup power equipment must be performed by a certified electrical contractor.
     (4)(a) Each motor fuel retail outlet shall retain, on-site or at its corporate headquarters, a written statement attesting to the periodic testing of the equipment to ensure the operational capacity.
     (b) This written statement must be made available, upon request, to the county emergency management agency.
     (5) Motor fuel retail outlets must comply with the requirements of this section:
     (a) As of the effective date of this act, if the motor fuel retail outlet is newly constructed and has a valid certificate of occupancy and operation that was issued on or after the effective date of this act; or
     (b) As of December 1, 2008, if the motor fuel retail outlet (i) has a valid certificate of occupancy and operation issued before the effective date of this act; and (ii) had a minimum monthly average motor fuel sales volume of one hundred twenty-five thousand gallons for any six-month period during the two years preceding the effective date of this act.

NEW SECTION.  Sec. 3   (1) The owner of a motor fuel retail outlet who fails to comply with the requirements of section 2 of this act is subject to a civil penalty of one hundred dollars per day for each day such delinquency continues.
     (2) The provisions of this chapter shall be enforced by the Washington state patrol.

NEW SECTION.  Sec. 4   A new section is added to chapter 82.04 RCW to read as follows:
     (1) In computing the tax imposed under this chapter a credit is allowed for purchase and installation of an alternative power generation device by a motor fuel retail outlet as defined in section 1 of this act. The amount of the credit is equal to the lesser of fifty percent of the cost of the purchase and installation of an alternative power generation device or fifteen thousand dollars.
     (2) A person taking the credit under this section is subject to all requirements of chapter 82.32 RCW. A credit earned during one calendar year may be carried over to be credited against taxes incurred in the subsequent calendar year, but may not be carried over a second year. No refunds may be granted for credits under this section.
     (3) No application is necessary for this tax credit. The person must keep records necessary for the department to verify eligibility under this section.

NEW SECTION.  Sec. 5   Sections 1 through 4 of this act may be known and cited as the consumer emergency motor fuel act.

NEW SECTION.  Sec. 6   Sections 1 through 3 of this act constitute a new chapter in Title 19 RCW.