BILL REQ. #:  S-0492.1 

Read first time 01/17/2007.   Referred to Committee on Transportation.

     AN ACT Relating to motor fuel vendors; amending RCW 19.112.010; and adding a new section to chapter 19.112 RCW.

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

Sec. 1   RCW 19.112.010 and 2006 c 338 s 15 are each amended to read as follows:
     The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Biodiesel fuel" means the monoalkyl esters of long chain fatty acids derived from plant or animal matter that meet the registration requirements for fuels and fuel additives established by the federal environmental protection agency and standards established by the American society of testing and materials.
     (2) "Diesel" means special fuel as defined in RCW 82.38.020, and diesel fuel dyed in accordance with the regulations in 26 C.F.R. Sec. 48.4082-1T as of October 24, 2005.
     (3) "Director" means the director of agriculture.
     (4) "Motor fuel" means any liquid product used for the generation of power in an internal combustion engine used for the propulsion of a motor vehicle upon the highways of this state, and any biodiesel fuel. Motor fuels containing ethanol may be marketed if either (a) the base motor fuel meets the applicable standards before the addition of the ethanol or (b) the resultant blend meets the applicable standards after the addition of the ethanol.
     (5) "Retail outlet" means a facility, including land and improvements, where motor fuel is offered for sale, at retail, to the motoring public.
     (6) "Terminal facility" means any inland, waterfront, or offshore appurtenance on land used for the purpose of storing, handling, or transferring motor fuel, but does not include bulk storage facilities owned or operated by a wholesaler.
     (7) "Wholesaler" means any person, other than a refiner or dealer, who purchases motor fuel at a terminal facility and supplies motor fuel to retail outlets.

NEW SECTION.  Sec. 2   A new section is added to chapter 19.112 RCW to read as follows:
     (1) By June 1, 2008, each motor fuel terminal facility and wholesaler that sells motor fuel in this state must be capable of operating its distribution loading racks using an alternative generated power source for a minimum of seventy-two hours. Pending a postdisaster examination of the equipment by the operator to determine any extenuating damage that might render it unsafe to use, the facility must have the alternate generated power source available for operation no later than thirty-six hours after an emergency or disaster as defined in RCW 38.52.010. Installation of appropriate wiring, including a transfer switch, must be performed by a certified electrical contractor. Each business that is subject to this subsection must keep a copy of the documentation of the wiring installation on-site or at its corporate headquarters. In addition, each business must keep a written statement attesting to the periodic testing and ensured operational capacity of the equipment. These required documents must be made available, upon request, to the department of licensing, the emergency management division, and the director of the county emergency management agency.
     (2) Each newly constructed or substantially renovated motor fuel retail outlet, for which a certificate of occupancy is issued on or after January 1, 2008, must be prewired with an appropriate transfer switch, and capable of operating all fuel pumps, dispensing equipment, lifesafety systems, and payment-acceptance equipment using an alternative generated power source. As used in this subsection, "substantially renovated" means a renovation that results in a greater than fifty percent increase in the assessed value of the motor fuel retail outlet. Local building inspectors shall include an equipment and operations check in the normal inspection process before issuing a certificate of occupancy. Each retail outlet that is subject to this subsection must keep a copy of the certificate of occupancy on-site or at its corporate headquarters. In addition, each retail outlet must keep a written statement attesting to the periodic testing of and ensured operational capability of the equipment. These required documents must be made available, upon request, to the department of licensing, the emergency management division, and the director of the county emergency management agency.
     (3)(a) By June 1, 2008, the following motor fuel retail outlets, which are located within one-half mile proximate to an interstate highway or state or federally designated evacuation route, must be prewired with an appropriate transfer switch and be capable of operating all fuel pumps, dispensing equipment, lifesafety systems, and payment-acceptance equipment using an alternate generated power source: (i) A motor fuel retail outlet, with sixteen or more fueling positions, located in a county having a population of three hundred thousand or more; (ii) a motor fuel retail outlet, with twelve or more fueling positions, located in a county having a population of one hundred thousand or more, but fewer than three hundred thousand; and (iii) a motor fuel retail outlet, with eight or more fueling positions, located in a county having a population of fewer than one hundred thousand.
     (b) Installation of appropriate wiring and transfer switches must be performed by a certified electrical contractor. Each retail outlet that is subject to this subsection must keep a copy of the documentation of the wiring installation on-site or at its corporate headquarters. In addition, each retail outlet must keep a written statement attesting to the periodic testing of and ensured operational capacity of the equipment. These required documents must be made available, upon request, to the department of licensing, the emergency management division, and the director of the county emergency management agency.
     (4)(a) Subsections (2) and (3) of this section apply to any self-service, full-service, or combination self-service and full-service motor fuel retail outlet regardless of whether the retail outlet 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.
     (b) Subsections (2) and (3) of this section do not apply to: (i) An automobile dealer; (ii) a person who operates a fleet of motor vehicles; or (iii) a person who sells motor fuel exclusively to a fleet of motor vehicles.
     (5) Each corporation or other entity that owns ten or more motor fuel retail outlets located within a single county shall maintain at least one portable generator that is capable of providing an alternative generated power source as required under subsection (2) of this section for every ten outlets. If an entity owns more than ten outlets or a multiple of ten outlets plus an additional six outlets, the entity must provide one additional generator to accommodate the additional outlets. Each portable generator must be stored within this state and be available for use in an affected location within twenty-four hours after an emergency or disaster as defined in RCW 38.52.010.
     (6) For purposes of this section, the owner of a motor fuel retail outlet is the owner of record of the fuel storage systems operating at the location.