BILL REQ. #:  H-1189.2 

Read first time 01/30/2007.   Referred to Committee on Public Safety & Emergency Preparedness.

     AN ACT Relating to requiring certain providers of food, water, or fuel to operate on backup power in the event of a disaster; adding a new section to chapter 4.24 RCW; adding a new section to chapter 82.04 RCW; adding a new section to chapter 82.16 RCW; and adding a new chapter to Title 19 RCW.

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

NEW SECTION.  Sec. 1   The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Disaster" means any natural or man-made condition that results in a declaration of emergency by a county, the governor, or the president of the United States.
     (2) "Grocery store" means any business with twenty or more employees whose primary business consists of retail sales of grocery items to the general public.
     (3) "Motor fuel retailer" means any business with eight or more fueling stations that engages in retail sales of motor fuel to the general public.
     (4) "Water distribution business" has the same meaning as in RCW 82.16.010.

NEW SECTION.  Sec. 2   (1) By July 1, 2009, every grocery store located within the state shall be capable of operating all refrigeration, life safety systems, and payment assistance equipment, using a backup power source for a period of at least seventy-two hours. Installation of the backup power source shall be performed by a licensed electrical contractor.
     (2) The grocery store shall:
     (a) Test the backup power source at least every six months for safety and operational capacity;
     (b) Perform necessary maintenance on the power source; and
     (c) Maintain written records of the installation, testing, and maintenance of the power source.
     (3) In the event of a disaster that causes disruption to the grocery store's power supply, the grocery store shall continue its retail operations using the backup power supply for at least seventy-two hours, unless conditions caused by the disaster make such operations impracticable or unsafe.

NEW SECTION.  Sec. 3   (1) By July 1, 2009, every motor fuel retailer located within the state shall be capable of operating all fuel dispensing equipment, life safety systems, and payment acceptance equipment using a backup power source for a period of at least seventy-two hours. Installation of the backup power source shall be performed by a licensed electrical contractor.
     (2) The motor fuel retailer shall:
     (a) Test the backup power source at least every six months for safety and operational capacity;
     (b) Perform necessary maintenance on the power source; and
     (c) Maintain written records of the installation, testing, and maintenance of the power source.
     (3) In the event of a disaster that causes disruption to the motor fuel retailer's power supply, the motor fuel retailer shall continue to dispense fuel to its retail customers using the backup power supply for at least seventy-two hours, unless conditions caused by the disaster make such operations impracticable or unsafe.

NEW SECTION.  Sec. 4   (1) By July 1, 2009, every water distribution business doing business within the state shall be capable of operating all water distribution systems using a backup power source for a period of at least seventy-two hours. Installation of the backup power source shall be performed by a licensed electrical contractor.
     (2) The water distribution business shall:
     (a) Test the backup power source at least every six months for safety and operational capacity;
     (b) Perform necessary maintenance on the power source; and
     (c) Maintain written records of the installation, testing, and maintenance of the power source.
     (3) In the event of a disaster that causes disruption to the water distribution business' power supply, the water distribution business shall continue to supply water to its customers using the backup power supply for at least seventy-two hours, unless conditions caused by the disaster make such operations impracticable or unsafe.

NEW SECTION.  Sec. 5   The attorney general or county prosecuting attorney may file an action in superior court to require a grocery store, motor fuel retailer, or water distribution business to comply with any of the requirements of this chapter.

NEW SECTION.  Sec. 6   A new section is added to chapter 4.24 RCW to read as follows:
     (1) A grocery store, motor fuel retailer, or water distribution business that complies with sections 2 through 4 of this act is not liable for civil damages arising from the failure of the store, retailer, or business to operate during a disaster because:
     (a) The backup power source during a disaster has failed; or
     (b) Conditions caused by the disaster make operations impracticable or unsafe.
     (2) For purposes of this section, "disaster," "grocery store," "motor fuel retailer," and "water distribution business" have the same meanings as defined in section 1 of this act.

NEW SECTION.  Sec. 7   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 all costs associated with complying with sections 2 through 4 of this act.
     (2) A person taking the credit under this section is subject to all the requirements of chapter 82.32 RCW. A credit earned during one calendar year may be carried over to be credited against taxes incurred in subsequent calendar years. No refunds may be granted for credits under this section.

NEW SECTION.  Sec. 8   A new section is added to chapter 82.16 RCW to read as follows:
     (1) In computing the tax imposed under this chapter, a credit is allowed for all costs associated with complying with section 4 of this act.
     (2) A person taking the credit under this section is subject to all the requirements of chapter 82.32 RCW. A credit earned during one calendar year may be carried over to be credited against taxes incurred in subsequent calendar years. No refunds may be granted for credits under this section.

NEW SECTION.  Sec. 9   Sections 1 through 5 of this act constitute a new chapter in Title 19 RCW.