Senators Pass Bill Requiring Backup Emergency Generators At Gas Stations

The State Senate passed legislation on Sunday that would require gas stations in key sections of Rockland County and the New York Metropolitan area to be prewired and have generators available in the event of a power outage.  The measure is a response to the situation that materialized after Hurricane Sandy when gas stations with supplies did not have working pumps. The region includes Westchester County, New York City and Long Island. The legislation now heads to the Assembly for an up-or-down vote before going to the governor.  

In December 2012, Senator David Carlucci introduced legislation based on similar laws in hurricane-prone states such as Florida, in order to help New York State deal with the threat of future natural disasters.  

“In the direct aftermath of Hurricane Sandy, we found out how vulnerable and isolated we can become when there is no plan in place to deal with the repercussions of a gas crisis,” said Carlucci.  “Recognizing the need to act quickly when the power goes out, this legislation will ensure that we have the tools at our disposal to keep the gas flowing, our roadways from becoming a hazard, and keep our economy from grinding to a screeching halt.”

According to Carlucci, the legislation incorporates a combination of financial incentives, specific prewiring requirements, generator requirements, and financial penalties in the event of noncompliance.  All requirements of the legislation are contingent on the availability of federal mitigation funds or other approved resources

Direct cash grants would be paid for with federal mitigation funds and made available through a grant program developed by NYSERDA that would provide $10,000 for prewiring at existing stations and $13,000 for prewiring and generator purchase under specific conditions. NYSERDA is also required to set up a program to establish a pool of generators for deployment to gas stations in an emergency. Gas stations affected by the regulations would be those within a half-mile of an exit on a controlled access highway or evacuation route with different requirements for existing and future stations.

Upon declaration of an emergency or fuel supply emergency issued by the governor, a county executive, or New York City mayor, gas stations would install a generator within a set timeframe depending upon when power goes out. Stations would need to provide proof they are complying with the law or they would be fined up to $1,500 per day. 

Carlucci's initial legislation would require certain wholesalers, terminal facilities, and gas stations to have a backup generator source. It includes those facilities near major interstates located on state or federal evacuation routes so residents in those areas who must evacuate would be able to get gas so they could leave. His bill also added financial incentives to generator purchases more affordable.