HB 893 mandates that new stations be equipped with the capability of being powered by an alternate energy source for times of electric outage caused by natural or manmade disasters, so fuel will be more readily available in times of emergency.
"Due to power outages caused [image-nocss] by hurricanes Gustav and Ike, we all were witnesses to the long lines at gas stations that slowed and hampered our recovery efforts," Jindal said. "With this new law, now many stations will be equipped to operate in times of distress making our state better prepared to deal with challenges of hurricanes and other catastrophes."
Mark Cooper, director of the Governor's Office of Homeland Security & Emergency Preparedness (GOHSEP), said, "One of the challenges residents face after a storm is the loss of electricity. Because this law requires gas stations to having an alternate power source during a storm, it offers Louisiana residents necessary resources, such as gasoline, in the event of an evacuation or re-entry into the parish where they live if that area has been affected by a storm."
Businesses impacted by this new law are those that will be issued a certificate of occupancy on or after Oct. 1, 2009. The bill requires each retail outlet to keep written proof attesting to the periodic testing of ensured operational capability of the equipment in accordance with the manufacturer's specifications.
The provisions of HB 893 apply to newly constructed or completely rebuilt motor fuel retail outlets in the areas of the state located within the boundaries of Allen, Beauregard, East Feliciana, Evangeline, Pointe Coupee, St. Helena, St. Landry, Tangipahoa, Washington and West Feliciana and all parishes located south of these areas.
Jindal also signed into a law intended to provide additional protections for consumers from being gouged at the fuel dispenser. Land Line magazine said the law takes effect Aug. 15, 2009.
Louisiana currently imposes civil fines on merchants who overcharge for goods and services, including fuel, during or in the wake of a declared emergency. The rule allows the state's attorney general to investigate price-gouging complaints at the retail level.
The new law extends the price-gouging ban to include refineries and other wholesalers, said the report.
State Senator David Heitmeier (D) told the magazine that applying the price-gouging ban solely to retailers proved problematic around the time of Hurricanes Gustav and Ike. While most of the industry "behaved well," Heitmeier said some wholesalers imposed higher prices on retailers. As a result, those retailers were forced to pass on the increases to customers.
Existing Louisiana law doesn't cover those actions under its price-gouging protections. The new law, SB272, closes that loophole.
The National Conference of State Legislatures reports nearly 30 states have some type of price-gouging ban with still others pursuing their own rules. The laws in many of those states are triggered by emergency declarations.
Click here to view the full text House Bill 893, the generator legislation signed by the governor.
Click hereto view the full text of the bill signed by the governor.
Members help make our journalism possible. Become a CSP member today and unlock exclusive benefits, including unlimited access to all of our content. Sign up here.