§ 192-h. Alternate generated power source at retail gasoline outlets.\n1. Definitions. When used in this section:\n (a) "Alternate generated power source" means electric generating\nequipment that is of a capacity that is capable of providing adequate\nelectricity to operate all dispensers, dispensing equipment, life safety\nsystems and payment-acceptance equipment located at a retail outlet and\nwhich can operate independent of the local electric utility distribution\nsystem and provide electricity during a general power outage or declared\nenergy or fuel supply emergency to operate the systems named herein.\n (b) "Chain of retail outlets" means a network of subsidiaries or\naffiliates, under direct or indirect common control, that operate ten or\nmore retail outlets located in a single downstate region; provided,\nhowever that this term does not include any franchisor of the brand of\nmotor fuel being sold at such outlet, except if such franchisor owns\nsuch outlet.\n (c) "Controlled access highway" means every highway, street, or\nroadway in respect to which owners or occupants of abutting lands and\nother persons have no legal right of access to or from the same except\nat such points only and in such manner as may be determined by the\npublic authority having jurisdiction over such highway, street, or\nroadway.\n (d) "Diesel motor fuel" means any fuel sold in this state and for use\nin diesel engines which is commercially known or offered for sale as\ndiesel motor fuel.\n (e) "Dispenser" means a device located at a retail outlet that is used\nto pump motor fuel from an above-ground or underground storage tank into\na motor vehicle.\n (f) "Downstate region" means each of the following regions of the\nstate:\n (i) Long Island region: Includes Nassau and Suffolk counties.\n (ii) Lower Mid-Hudson region: Includes Putnam, Rockland and\nWestchester counties.\n (iii) New York city region: Includes Bronx, Kings, New York, Queens\nand Richmond counties.\n (g) "Evacuation route" means those roads designated by each county\nthat are to be used by motorists in case of a hurricane or other natural\ndisaster.\n (h) "Franchisor" means a person or company that grants a franchise to\na franchisee.\n (i) "Gasoline" means any fuel sold in this state for use in internal\ncombustion engines which is commercially known or offered for sale as\ngasoline, whether or not blended with ethanol or other chemicals.\n (j) "Motor fuel" means any petroleum product, including any gasoline\nor diesel motor fuel, which is used for the propulsion of motor\nvehicles.\n (k) "Retailer" means any person who owns, operates, or controls a\nretail outlet that is subject to the requirements of subdivision two of\nthis section, provided however, that any retail outlet located in Putnam\ncounty shall only be subject to the requirements of this section\nprovided that funding and program services are available for such\npurposes under subdivisions twenty and twenty-one of section eighteen\nhundred fifty-four of the public authorities law.\n (l) "Retail outlet" means a facility, including all land, improvements\nand associated structures and equipment, that dispenses motor fuel for\nsale to the general public.\n 2. Prewiring and transfer switch. (a) Retail outlets in the downstate\nregion shall be prewired with an appropriate transfer switch for using\nan alternate generated power source at such retail outlets as follows:\n (i) each retail outlet in operation on the effective date of this\nsection that is located within one-half mile by road measurement from an\nexit road on a controlled access highway or from an evacuation route\nshall be prewired by no later than April first, two thousand fourteen;\n (ii) each retail outlet beginning operation after the effective date\nof this section and before April first, two thousand fourteen that is\nlocated within one-half mile by road measurement from an exit road on a\ncontrolled access highway or from an eva
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