SB141

THE SENATE	S.B. NO.	141
TWENTY-FOURTH LEGISLATURE, 2007
STATE OF HAWAII

A BILL FOR AN ACT

relating to civil defense

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

SECTION 1. The massive 6.7 earthquake off the coast of the Big Island on October 15, 2006, caused several generators on Oahu to shut down because of the shaking, setting off a chain of events that led to an extended power outage for the whole island. Many gas stations lost power in their pumps, causing an inability to be prepared for possible transportation of people to shelters or to other safe areas and to buy needed emergency supplies. The legislature finds that the inability of gas stations to pump gas caused a heightened risk to public safety.

The purpose of this Act is to require gas stations to be equipped with emergency back up power in times of power outages.

SECTION 2. Section 128-2, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:

""Power outage" means a failure in the supply of electricity, including but not limited to a blackout, causing a temporary cessation in the supply of power."

SECTION 3. Chapter 128, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§128‑ Power outage; duty of retail dealer of fuel; emergency power supply. (a) Beginning November 1, 2007, a retail dealer of liquid fuel, as those terms are defined under section 243-1, shall maintain an emergency supply of electrical power, in the event of a power outage, to enable the continued operation of at least one fuel pump during the power outage for at least a seventy-two hour period.

(b) It is only a violation of this section if the failure to maintain at least one pump is due to a failure to install or maintain an emergency power supply or human error in failure to activate the system. Failure due to physical damage caused by the emergency is not a violation.

(c) Notwithstanding section 128-33, a violation of this section shall be punishable by a fine of $1,000 for each day or fraction thereof, of the violation. The director of civil defense shall enforce this law."

SECTION 4. Section 128-33, Hawaii Revised Statutes, is amended to read as follows:

"§128-33 Penalties prescribed by this chapter additional to other penalties. If conduct prohibited by or under the authority of this chapter is also made unlawful by another or other laws, the offender may be convicted as provided in section 128-32 or for the violation of the other law or laws[.], except as provided in section 128- ."

SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect upon its approval, and shall apply to gas stations beginning September 1, 2007.

INTRODUCED BY:	_____________________________