HOUSE BILL REPORT
HB 2053
This analysis was prepared by non-partisan legislative staff for the use of legislative members in
their deliberations. This analysis is not a part of the legislation nor does it constitute a
statement of legislative intent.
As Reported by House Committee On:
Public Safety & Emergency Preparedness
Title: An act relating to improving the availability of motor vehicle fuel in the event of an electric power outage or interruption in electric service.
Brief Description: Providing for improved availability of motor vehicle fuel during power outages or interruptions in electrical service.
Sponsors: Representatives Goodman, Springer, O'Brien, Dunshee, Eddy, Blake, Lovick, Upthegrove, Green, Simpson and Hurst.
Brief History:
Public Safety & Emergency Preparedness: 2/14/07, 2/26/07 [DPS].
Brief Summary of Substitute Bill |
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HOUSE COMMITTEE ON PUBLIC SAFETY & EMERGENCY PREPAREDNESS
Majority Report: The substitute bill be substituted therefor and the substitute bill do pass. Signed by 4 members: Representatives O'Brien, Chair; Hurst, Vice Chair; Goodman and Lovick.
Minority Report: Do not pass. Signed by 3 members: Representatives Pearson, Ranking Minority Member; Ross, Assistant Ranking Minority Member and Ahern.
Staff: Alison Hellberg (786-7152).
Background:
Availability of motor fuel is often extremely limited during a prolonged electrical power
outage. During the 2004 and 2005 hurricane seasons, Florida experienced severe shortages
of motor fuel and emergency supplies. In an effort to improve that state's disaster
preparedness, Florida enacted the "Disaster Motor Fuel Supplier Program." This program
allows motor fuel retail outlets to participate in a network of emergency responders to
provide fuel supplies and services to government, medical, critical infrastructure and other
responders, as well as the general public in a disaster.
Summary of Substitute Bill:
Corporations or entities that operate, own, or franchise 10 or more motor fuel retail outlets
within a single county must:
Motor fuel retail outlets are defined as facilities that sell, at retail, motor fuel to the general
public. The equipment must be fully operational at all times and capable of functioning
immediately in the event of an electric power outage. Installation of equipment must be
performed by a certified electrical contractor and proof of installation must be made available
upon request.
The Department of Agriculture (Department) enforces this act in conjunction with its
enforcement duties under chapter 19.94 RCW, Weights and Measures. The Department may
perform inspections or respond to complaints. A violation of this act is a class 1 civil
infraction. In the event of a power outage due to a disaster, there is an additional penalty of
$500 per day. A disaster is defined as any natural, technological, or civil emergency that
results in a declaration of a state of emergency by a county, the Governor, or the President of
the United States.
A lifetime tax credit is available of 50 percent of the cost of installation of appropriate wiring
and transfer switches or $20,000, whichever is less.
Substitute Bill Compared to Original Bill:
The substitute bill requires corporations or entities that operate, own, or franchise 10 or more
motor fuel retail outlets in a single county to install appropriate wiring and transfer switches
and maintain at least one portable generator in one out of every 10 of its motor fuel retail
outlets.
The Department of Agriculture, in conjunction with its enforcement of weights and measures,
is charged with enforcement of this act. A person not in compliance commits a class 1 civil
infraction. In addition to this penalty, in the event of a power outage, a person is subject to a
civil penalty of $500 a day. It is clarified that the $500 a day penalty is only applicable in the
event of a disaster. Disaster is defined as any natural, technological, or civil emergency that
results in a declaration of a state of emergency by a county, the Governor, or the President of
the United States.
The tax credit is increased to 50 percent of the cost of installation of appropriate wiring and
transfer switches or $20,000, whichever is less.
Appropriation: None.
Fiscal Note: Available. New fiscal note requested on February 26, 2007.
Effective Date of Substitute Bill: The bill takes effect October 1, 2007.
Staff Summary of Public Testimony:
(In support) The power outages this past fall in the 45th Legislative District left many people
without any access to motor fuel. People were frightened and didn't know how far they
would be able to go. This bill mandates that gas stations be able to function in the event of
an emergency, but gives owners some help by including a tax credit.
(Opposed) There is enough warning of storms to give people time to prepare. This is really
an issue of changing human behavior. The situation in Washington is much different from
that of Florida. Typically this state has power back within 24 - 48 hours. There are also
problems with lack of food and shelter during disasters - if lawmakers want to address
emergency preparedness they should do so globally. It is unfair to just target one type of
business.
Persons Testifying: (In support) Representative Goodman, prime sponsor.
(Opposed) Greg Hanon, Western States Petroleum Association.