A183

An Act requiring certain facilities to be equipped with generators, supplementing various parts of the statutory law, and amending P.L.1974, c.80.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. (New section) For the purposes of sections 1 though 3 of P.L. , c , (C. ) (pending before the Legislature as this bill):

“Alternative power generation device” means a device capable of providing electrical power for the primary purpose of dispensing motor fuel, payment acceptance equipment, pump shutoff switches, and other safety equipment.

“Automatic standby emergency power generator” means an emergency power generator that is powered by natural gas, where natural gas is available, or by propane stored in an above-ground tank, is integrated with the electrical system of the facility, and provides at least 90 percent of the electric power that would be available to the facility if the facility were powered by its electrical system.

“Declared state of emergency” means any state of emergency within this State declared by the Governor or by the President of the United States.

“Disaster” means any natural, technological, or civil emergency that causes damage of sufficient severity and magnitude to result in a declared state of emergency.

“Facility” means a refinery, terminal facility, or wholesaler.

“Motor fuel” means any combustible liquid or gaseous substance used, or suitable, for the generation of power to propel motor vehicles.

“Power outage” means a failure in the supply of electricity causing a temporary cessation in the supply of power.

“Rack” means a mechanism for delivering fuel from a refinery or terminal into a railroad tank car, a fuel transportation vehicle or other means of transfer outside of the terminal transfer system.

“Refinery” means a business used to produce motor fuel and from which motor fuel may be removed by pipeline, by ship or barge, or at a rack.

“Retail dealer” means a person that engages in the business of selling or dispensing motor fuel to consumers within this State.

“State Office of Emergency Management” means the State Office of Emergency Management in the Division of State Police in the Department of Law and Public Safety.

“Terminal facility” means any inland, waterfront, or offshore
appurtenance on land used for the purpose of storing, handling, or transferring motor fuel, but does not include bulk storage facilities owned or operated by a wholesaler.

“Wholesaler” means any person, other than a refinery or retail dealer, who purchases motor fuel at a terminal facility and supplies motor fuel to retail dealers.

2. (New section) a. Every retail dealer in this State shall be equipped with and maintain in a safe and proper working condition an alternative power generation device as defined in section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill).

b. Within 24 hours of a declared state of emergency in which a retail dealer has suffered a power outage, a retail dealer shall begin using an alternative power generation device as defined in section 1 of P.L. , c. (C. ) to resume the selling or dispensing of motor fuel.

c. During regular inspections of a retail dealer, the State Superintendent of Weights and Measures or any State, county, or municipal weights and measures officer shall, in consultation with the State Office of Emergency Management, ensure that the retail dealer is equipped with and maintaining in a safe and proper working condition, an alternative power generation device as required pursuant to subsection a. of this section.

d. A retail dealer that fails to comply with the provisions of this section shall be liable for a penalty of not more than $1,000 for a first offense and not more than $2,500 for each subsequent offense to be collected by the State Superintendent of Weights and Measures in a summary proceeding pursuant to the “Penalty Enforcement Law of 1999,” P.L.1999, c.274 (C.2A:58-10 et seq.); provided however, that a retail dealer shall not be in violation of subsection b. of this section if the failure to use an alternative power generation device during a declared state of emergency is due to physical damage to the retail dealer’s facilities or the alternative power generation device sustained during a disaster or during the declared state of emergency.

3. (New section) a. Every facility in this State shall be equipped with and maintain in a safe and proper working condition an automatic standby emergency power generator.

b. Within 24 hours of a declared state of emergency in which a facility has suffered a power outage, the facility shall begin using an automatic standby emergency power generator to resume its operations.

c. An officer of a facility shall ensure that the facility’s automatic standby emergency power generator is checked, tested, and serviced in accordance with generally accepted engineering practices as prescribed by regulation by the Director of the Division of Consumer Affairs in the Department of Law and Public Safety.

d. A facility that fails to comply with the provisions of this section shall be liable for a penalty of not more than $1,000 for a first offense and not more than $2,500 for each subsequent offense to be collected by the Director of the Division of Consumer Affairs in the Department of Law and Public Safety in a summary proceeding pursuant to the “Penalty Enforcement Law of 1999,” P.L.1999, c.274 (C.2A:58-10 et seq.); provided however, that a facility shall not be in violation of subsection b. of this section if the failure to use an automatic standby emergency power generator during a declared state of emergency is due to physical damage to a facility or the automatic standby emergency power generator sustained during a disaster or during the declared state of emergency.

4. (New section) a. As used in this section:

“Declared state of emergency” means any state of emergency within this State declared by the Governor or by the President of the United States.

“Disaster” means any natural, technological, or civil emergency that causes damage of sufficient severity and magnitude to result in a declared state of emergency.

“Facility” means a nursing home, assisted living facility, or subacute rehabilitation facility licensed pursuant to P.L.1971 c.136 (C.26:2H-1 et seq.).

“Power outage” means a failure in the supply of electricity causing a temporary cessation in the supply of power.

b. A facility licensed by the Department of Health shall be equipped with and employ an automatic standby emergency power generator in the event of a power outage at that facility.

c. The chief administrative officer of a facility shall ensure that the facility’s automatic standby emergency power generator is checked, tested, and serviced in accordance with generally accepted engineering practices as prescribed by regulation of the Commissioner of Health.

d. A facility that fails to comply with the provisions of this section shall be liable for a penalty of not more than $1,000 for a first offense and not more than $2,500 for each subsequent offense to be collected by the Commissioner of Health in a summary proceeding pursuant to the “Penalty Enforcement Law of 1999,” P.L.1999, c.274 (C.2A:58-10 et seq.); provided however, that a facility shall not be in violation of subsection b. of this section if the failure to employ an automatic standby emergency power generator during a power outage is due to physical damage to a facility or the automatic standby emergency power generator sustained during a disaster.

5. (New section) a. As used in this section:

“Declared state of emergency” means any state of emergency within this State declared by the Governor or by the President of the United States.

“Disaster” means any natural, technological, or civil emergency that causes damage of sufficient severity and magnitude to result in a declared state of emergency.

“Grocery store" means a retail business primarily engaged in the self-service sale of foods and household supplies for off-premises consumption or use and includes a supermarket, but does not include a convenience store, delicatessen, or farmer’s market.

“Power outage” means a failure in the supply of electricity causing a temporary cessation in the supply of power.

b. Any newly-constructed grocery store, for which an application for a construction permit has not been declared complete by the enforcing agency before the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), shall be equipped with and employ an automatic standby emergency power generator in the event of a power outage at that grocery store.

c. The store manager of a grocery store shall ensure that the grocery store’s automatic standby emergency power generator is checked, tested, and serviced in accordance with generally accepted engineering practices as prescribed by regulation by the Commissioner of Community Affairs.

d. A grocery store that fails to comply with the provisions of this section shall be liable for a penalty of not more than $1,000 for a first offense and not more than $2,500 for each subsequent offense to be collected by the Commissioner of Community Affairs in a summary proceeding pursuant to the “Penalty Enforcement Law of 1999,” P.L.1999, c.274 (C.2A:58-10 et seq.); provided however, that a grocery store shall not be in violation of subsection b. of this section if the failure to employ an automatic standby emergency power generator during a power outage is due to physical damage to the grocery store or the automatic standby emergency power generator sustained during a disaster.

6. (New section) a. For the purposes of this section:

“Eligible business” means a retail dealer as defined in section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill), a facility as defined in section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill), a facility as defined in section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill), and a grocery store as defined in section 5 of P.L. , c. (C. ) (pending before the Legislature as this bill).

b. The New Jersey Economic Development Authority, created by section 4 of P.L.1974, c.80 (C.34:1B-4), shall establish and administer a new program to provide low-interest loans to an eligible business for the purchase and installation of an alternative power generation device or automatic standby emergency power generator.

c. (1) Within 90 days of the effective date of P.L. , c (C. ) (pending before the Legislature as this bill), the authority shall establish an application process for eligible businesses pursuant to subsection b. of this section. No later than the 91st day following enactment, the authority shall make the applications available to eligible businesses, and shall, within a reasonable time frame thereafter, commence approving applications for the program.

(2) An eligible business seeking to participate in the program shall submit an application on forms provided by the authority and include information required by the authority.

d. Low-interest loans made under this section shall bear interest at no more than two percent, and contain other terms and conditions considered appropriate by the authority that are consistent with the purposes of P.L. , c. (C. ) (pending before the Legislature as this bill) and with rules and regulations promulgated by the authority to implement the program.

e. To implement the loan program, the authority shall establish and maintain a special revolving fund to be known as the “Generator Loan Fund,” which shall be credited with:

(1) moneys from the economic growth account of the "Economic Recovery Fund" established pursuant to section 3 of P.L.1992, c.16 (C.34:1B-7.12), as the authority determines are necessary to effectively implement the program based upon the response to the program;

(2) any moneys that shall be received by the authority from the repayment of the moneys in the loan fund used to provide loans pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill) and interest thereon;

(3) any moneys as may be available to the authority from business assistance programs administered by the authority or by other State agencies or authorities;

(4) appropriations made by the Legislature to effectuate the purposes of P.L. , c. (C. ) (pending before the Legislature as this bill); and

(5) other moneys made available including, but not limited to, funds provided by agreement with private investors, banks, and other lending institutions to effectuate the purposes of P.L. , c. (C. ) (pending before the Legislature as this bill).

7. Section 5 of P.L.1974, c.80 (C.34:1B-5) is amended to read as follows:

5. The authority shall have the following powers:

a. To adopt bylaws for the regulation of its affairs and the conduct of its business;

b. To adopt and have a seal and to alter the same at pleasure;

c. To sue and be sued;

d. To acquire in the name of the authority by purchase or otherwise, on such terms and conditions and such manner as it may deem proper, or by the exercise of the power of eminent domain in the manner provided by the "Eminent Domain Act of 1971," P.L.1971, c.361 (C.20:3-1 et seq.), any lands or interests therein or other property which it may determine is reasonably necessary for any project; provided, however, that the authority in connection with any project shall not take by exercise of the power of eminent domain any real property except upon consent thereto given by resolution of the governing body of the municipality in which such real property is located; and provided further that the authority shall be limited in its exercise of the power of eminent domain in connection with any project in qualifying municipalities as defined under the provisions of P.L.1978, c.14 (C.52:27D-178 et seq.), or to municipalities which had a population, according to the latest federal decennial census, in excess of 10,000;

e. To enter into contracts with a person upon such terms and conditions as the authority shall determine to be reasonable, including, but not limited to, reimbursement for the planning, designing, financing, construction, reconstruction, improvement, equipping, furnishing, operation and maintenance of the project and to pay or compromise any claims arising therefrom;

f. To establish and maintain reserve and insurance funds with respect to the financing of the project or the school facilities project and any project financed pursuant to the "Municipal Rehabilitation and Economic Recovery Act," P.L.2002, c.43 (C.52:27BBB-1 et al.);

g. To sell, convey or lease to any person all or any portion of a project for such consideration and upon such terms as the authority may determine to be reasonable;

h. To mortgage, pledge or assign or otherwise encumber all or any portion of a project, or revenues, whenever it shall find such action to be in furtherance of the purposes of this act, P.L.2000, c.72 (C.18A:7G-1 et al.), the "Municipal Rehabilitation and Economic Recovery Act," P.L.2002, c.43 (C.52:27BBB-1 et al.), P.L.2007, c.137 (C.52:18A-235 et al.), and sections 3 through 18 of P.L.2009, c.90 (C.52:27D-489c et al.);

i. To grant options to purchase or renew a lease for any of its projects on such terms as the authority may determine to be reasonable;

j. To contract for and to accept any gifts or grants or loans of funds or property or financial or other aid in any form from the United States of America or any agency or instrumentality thereof, or from the State or any agency, instrumentality or political subdivision thereof, or from any other source and to comply, subject to the provisions of P.L.1974, c.80 (C.34:1B-1 et seq.), section 6 of P.L.2001, c.401 (C.34:1B-4.1), P.L.2000, c.72 (C.18A:7G-1 et al.), the "Municipal Rehabilitation and Economic Recovery Act," P.L.2002, c.43 (C.52:27BBB-1 et al.), and P.L.2007, c.137 (C.52:18A-235 et al.), with the terms and conditions thereof;

k. In connection with any action undertaken by the authority in the performance of its duties and any application for assistance or commitments therefor and modifications thereof, to require and collect such fees and charges as the authority shall determine to be reasonable, including but not limited to fees and charges for the authority's administrative, organizational, insurance, operating, legal, and other expenses;

l. To adopt, amend and repeal regulations to carry out the provisions of P.L.1974, c.80 (C.34:1B-1 et seq.), section 6 of P.L.2001, c.401 (C.34:1B-4.1), P.L.2000, c.72 (C.18A:7G-1 et al.), the "Municipal Rehabilitation and Economic Recovery Act," P.L.2002, c.43 (C.52:27BBB-1 et al.), and P.L.2007, c.137 (C.52:18A-235 et al.);

m. To acquire, purchase, manage and operate, hold and dispose of real and personal property or interests therein, take assignments of rentals and leases and make and enter into all contracts, leases, agreements and arrangements necessary or incidental to the performance of its duties;

n. To purchase, acquire and take assignments of notes, mortgages and other forms of security and evidences of indebtedness;

o. To purchase, acquire, attach, seize, accept or take title to any project or school facilities project by conveyance or by foreclosure, and sell, lease, manage or operate any project or school facilities project for a use specified in this act, P.L.2000, c.72 (C.18A:7G-1 et al.), the "Municipal Rehabilitation and Economic Recovery Act," P.L.2002, c.43 (C.52:27BBB-1 et al.), P.L.2007, c.137 (C.52:18A-235 et al.), and sections 3 through 18 of P.L.2009, c.90 (C.52:27D-489c et al.);

p. To borrow money and to issue bonds of the authority and to provide for the rights of the holders thereof, as provided in P.L.1974, c.80 (C.34:1B-1 et seq.), section 6 of P.L.2001, c.401 (C.34:1B-4.1), P.L.2000, c.72 (C.18A:7G-1 et al.), the "Municipal Rehabilitation and Economic Recovery Act," P.L.2002, c.43 (C.52:27BBB-1 et al.), P.L.2007, c.137 (C.52:18A-235 et al.), and sections 3 through 18 of P.L.2009, c.90 (C.52:27D-489c et al.);

q. To extend credit or make loans to any person for the planning, designing, acquiring, constructing, reconstructing, improving, equipping and furnishing of a project or school facilities project, which credits or loans may be secured by loan and security agreements, mortgages, leases and any other instruments, upon such terms and conditions as the authority shall deem reasonable, including provision for the establishment and maintenance of reserve and insurance funds, and to require the inclusion in any mortgage, lease, contract, loan and security agreement or other instrument, of such provisions for the construction, use, operation and maintenance and financing of a project or school facilities project as the authority may deem necessary or desirable;

r. To guarantee up to 90% of the amount of a loan to a person, if the proceeds of the loan are to be applied to the purchase and installation, in a building devoted to industrial or commercial purposes, or in an office building, of an energy improvement system;

s. To employ consulting engineers, architects, attorneys, real estate counselors, appraisers, and such other consultants and employees as may be required in the judgment of the redevelopment utility to carry out the purposes of P.L.1974, c.80 (C.34:1B-1 et seq.), section 6 of P.L.2001, c.401 (C.34:1B-4.1), P.L.2000, c.72 (C.18A:7G-1 et al.), the "Municipal Rehabilitation and Economic Recovery Act," P.L.2002, c.43 (C.52:27BBB-1 et al.), P.L.2007, c.137 (C.52:18A-235 et al.), and sections 3 through 18 of P.L.2009, c.90 (C.52:27D-489c et al.), and to fix and pay their compensation from funds available to the redevelopment utility therefor, all without regard to the provisions of Title 11A of the New Jersey Statutes;

t. To do and perform any acts and things authorized by P.L.1974, c.80 (C.34:1B-1 et seq.), section 6 of P.L.2001, c.401 (C.34:1B-4.1), P.L.2000, c.72 (C.18A:7G-1 et al.), the "Municipal Rehabilitation and Economic Recovery Act," P.L.2002, c.43 (C.52:27BBB-1 et al.), P.L.2007, c.137 (C.52:18A-235 et al.), and sections 3 through 18 of P.L.2009, c.90 (C.52:27D-489c et al.), under, through or by means of its own officers, agents and employees, or by contract with any person;

u. To procure insurance against any losses in connection with its property, operations or assets in such amounts and from such insurers as it deems desirable;

v. To do any and all things necessary or convenient to carry out its purposes and exercise the powers given and granted in P.L.1974, c.80 (C.34:1B-1 et seq.), section 6 of P.L.2001, c.401 (C.34:1B-4.1), P.L.2000, c.72 (C.18A:7G-1 et al.), the "Municipal Rehabilitation and Economic Recovery Act," P.L.2002, c.43 (C.52:27BBB-1 et al.), P.L.2007, c.137 (C.52:18A-235 et al.), and sections 3 through 18 of P.L.2009, c.90 (C.52:27D-489c et al.);

w. To construct, reconstruct, rehabilitate, improve, alter, equip, maintain or repair or provide for the construction, reconstruction, improvement, alteration, equipping or maintenance or repair of any development property and lot, award and enter into construction contracts, purchase orders and other contracts with respect thereto, upon such terms and conditions as the authority shall determine to be reasonable, including, but not limited to, reimbursement for the planning, designing, financing, construction, reconstruction, improvement, equipping, furnishing, operation and maintenance of any such development property and the settlement of any claims arising therefrom and the establishment and maintenance of reserve funds with respect to the financing of such development property;

x. When authorized by the governing body of a municipality exercising jurisdiction over an urban growth zone, to construct, cause to be constructed or to provide financial assistance to projects in an urban growth zone which shall be exempt from the terms and requirements of the land use ordinances and regulations, including, but not limited to, the master plan and zoning ordinances, of such municipality;

y. To enter into business employment incentive agreements as provided in the "Business Employment Incentive Program Act," P.L.1996, c.26 (C.34:1B-124 et al.);

z. To enter into agreements or contracts, execute instruments, and do and perform all acts or things necessary, convenient or desirable for the purposes of the redevelopment utility to carry out any power expressly provided pursuant to P.L.1974, c.80 (C.34:1B-1 et seq.), P.L.2000, c.72 (C.18A:7G-1 et al.), and P.L.2007, c.137 (C.52:18A-235 et al.), including, but not limited to, entering into contracts with the State Treasurer, the Commissioner of Education, districts, the New Jersey Schools Development Authority, and any other entity which may be required in order to carry out the provisions of P.L.2000, c.72 (C.18A:7G-1 et al.), P.L.2007, c.137 (C.52:18A-235 et al.), and sections 3 through 18 of P.L.2009, c.90 (C.52:27D-489c et al.);

aa. (Deleted by amendment, P.L.2007, c.137);

bb. To make and contract to make loans to local units to finance the cost of school facilities projects and to acquire and contract to acquire bonds, notes or other obligations issued or to be issued by local units to evidence the loans, all in accordance with the provisions of P.L.2000, c.72 (C.18A:7G-1 et al.), and P.L.2007, c.137 (C.52:18A-235 et al.);

cc. Subject to any agreement with holders of its bonds issued to finance a project or school facilities project, obtain as security or to provide liquidity for payment of all or any part of the principal of and interest and premium on the bonds of the authority or for the purchase upon tender or otherwise of the bonds, lines of credit, letters of credit, reimbursement agreements, interest rate exchange agreements, currency exchange agreements, interest rate floors or caps, options, puts or calls to hedge payment, currency, rate, spread or similar exposure or similar agreements, float agreements, forward agreements, insurance contract, surety bond, commitment to purchase or sell bonds, purchase or sale agreement, or commitments or other contracts or agreements, and other security agreements or instruments in any amounts and upon any terms as the authority may determine and pay any fees and expenses required in connection therewith;

dd. To charge to and collect from local units, the State and any other person, any fees and charges in connection with the authority's actions undertaken with respect to school facilities projects, including, but not limited to, fees and charges for the authority's administrative, organization, insurance, operating and other expenses incident to the financing of school facilities projects;

ee. To make loans to refinance solid waste facility bonds through the issuance of bonds or other obligations and the execution of any agreements with counties or public authorities to effect the refunding or rescheduling of solid waste facility bonds, or otherwise provide for the payment of all or a portion of any series of solid waste facility bonds. Any county or public authority refunding or rescheduling its solid waste facility bonds pursuant to this subsection shall provide for the payment of not less than fifty percent of the aggregate debt service for the refunded or rescheduled debt of the particular county or public authority for the duration of the loan; except that, whenever the solid waste facility bonds to be refinanced were issued by a public authority and the county solid waste facility was utilized as a regional county solid waste facility, as designated in the respective adopted district solid waste management plans of the participating counties as approved by the department prior to November 10, 1997, and the utilization of the facility was established pursuant to tonnage obligations set forth in their respective interdistrict agreements, the public authority refunding or rescheduling its solid waste facility bonds pursuant to this subsection shall provide for the payment of a percentage of the aggregate debt service for the refunded or rescheduled debt of the public authority not to exceed the percentage of the specified tonnage obligation of the host county for the duration of the loan. Whenever the solid waste facility bonds are the obligation of a public authority, the relevant county shall execute a deficiency agreement with the authority, which shall provide that the county pledges to cover any shortfall and to pay deficiencies in scheduled repayment obligations of the public authority. All costs associated with the issuance of bonds pursuant to this subsection may be paid by the authority from the proceeds of these bonds. Any county or public authority is hereby authorized to enter into any agreement with the authority necessary, desirable or convenient to effectuate the provisions of this subsection.

The authority shall not issue bonds or other obligations to effect the refunding or rescheduling of solid waste facility bonds after December 31, 2002. The authority may refund its own bonds issued for the purposes herein at any time;

ff. To pool loans for any local government units that are refunding bonds and do and perform any and all acts or things necessary, convenient or desirable for the purpose of the authority to achieve more favorable interest rates and terms for those local governmental units;

gg. To finance projects approved by the board, provide staff support to the board, oversee and monitor progress on the part of the board in carrying out the revitalization, economic development and restoration projects authorized pursuant to the "Municipal Rehabilitation and Economic Recovery Act," P.L.2002, c.43 (C.52:27BBB-1 et al.) and otherwise fulfilling its responsibilities pursuant thereto;

hh. To offer financial assistance to qualified film production companies as provided in the "New Jersey Film Production Assistance Act," P.L.2003, c.182 (C.34:1B-178 et al.); [and]

ii. To finance or develop private or public parking facilities or structures, which may include the use of solar photovoltaic equipment, in municipalities qualified to receive State aid pursuant to the provisions of P.L.1978, c.14 (C.52:27D-178 et seq.) and municipalities that contain areas designated pursuant to P.L.1985, c.398 (C.52:18A-196 et al.) as Planning Area 1 (Metropolitan), Planning Area 2 (Suburban), or a town center, and to provide appropriate assistance, including but not limited to, extensions of credit, loans, and guarantees, to municipalities qualified to receive State aid pursuant to the provisions of P.L.1978, c.14 (C.52:27D-178 et seq.) and municipalities that contain areas designated pursuant to P.L.1985, c.398 (C.52:18A-196 et seq.) as Planning Area 1 (Metropolitan), Planning Area 2 (Suburban), or a town center, and their agencies and instrumentalities or to private entities whose projects are located in those municipalities, in order to facilitate the financing and development of parking facilities or structures in such municipalities. The authority may serve as the issuing agent of bonds to finance the undertaking of a project for the purposes of this subsection ; and

jj. To offer financial assistance to eligible businesses, as defined in subsection a. of section 6 of P.L. , c. (C. ) (pending before the Legislature as this bill) for the purchase and installation of an alternative power generation device as defined in subsection a. of section 6 of P.L. , c. (C. ) (pending before the Legislature as this bill) or an automatic standby emergency power generator as defined in subsection a. of section 6 of P.L. , c. (C. ) (pending before the Legislature as this bill), pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill).

(cf: P.L.2010, c.28, s.3)

8. The Director of the Division of Consumer Affairs in the Department of Law and Public Safety, in consultation with the Director of the State Office of Emergency Management, may adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations necessary to effectuate the purposes of sections 1 through 3 of P.L. , c. (C. ) (pending before the Legislature as this bill).

9. The Commissioner of Health, in consultation with the Director of the State Office of Emergency Management, may adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations necessary to effectuate the purposes of section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill).

10. The Department of Community Affairs, in consultation with the Director of the State Office of Emergency Management, may adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations necessary to effectuate the purposes of section 5 of P.L. , c. (C. ) (pending before the Legislature as this bill).

11. This act shall take effect on the first day of the sixth month following enactment.

STATEMENT

This bill requires retail motor fuel dealers, motor fuel wholesales, motor fuel terminal facilities, motor fuel refineries, nursing homes, assisted living facilities, subacute rehabilitation facilities, and newly constructed grocery stores (collectively, “eligible businesses”) to be equipped with and employ a generator in the event of a power outage.

The bill also requires the New Jersey Economic Development Authority (“authority”) to offer financial assistance in the form of low-interest loans to eligible businesses for the purchase and installation of a generator. The authority must begin accepting applications no later than 91 days after the enactment of the bill and must begin approving the applications within a reasonable time thereafter.

An eligible business that sustains physical damage to the business itself, or to the business’s generator, during a disaster are exempt from the requirements of the bill. The bill outlines a series of penalties for eligible businesses that fail to use a generator during the course of a power outage.