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H 3492

An Act relative to emergency back up power at gasoline stations

194th Legislature (2025-2026) Introduced by Bill Galvin

Mass. gas stations must install/maintain a backup generator with automatic transfer switch to resume fuel sales within 24 hours after a declared emergency, or face penalties.

Accompanied a study order, see H5323
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Bill Summary · H 3492

Summary: H.3492 — An Act relative to emergency back up power at gasoline stations

Purpose and intent

  • Establishes a requirement for Massachusetts retail motor fuel dealers (gasoline stations) to have and maintain an alternative power generation device to ensure continued fuel dispensing and related safety operations during power outages that occur under a declared state of emergency.
  • Aims to ensure access to fuel for private and emergency vehicles during emergencies by keeping fueling operations functional when the electric grid is disrupted.

Key provisions

  • Definitions (Section 1)

    • Alternative power generation device: a permanently fixed generator set and automatic transfer switch that powers motor-fuel dispensing, payment systems, pump shutoffs, and safety equipment.
    • Declared state of emergency, disaster, power outage, retail dealer, motor fuel (fuel used to propel motor vehicles), Massachusetts Emergency Management Agency (MEMA), etc.

  • Requirement to install and operate (Section 2)

    • Every retail dealer must have and maintain an alternative power generation device in safe, operable condition.
    • Within 24 hours after a declared state of emergency with a power outage, the dealer must begin using the alternative device to resume selling motor fuel.

  • ** inspections and compliance (Section 3)**

    • During regular inspections, the Division of Standards (within the Office of Consumer Affairs and Business Regulation), in consultation with MEMA, must verify that dealers have and are maintaining the required device.

  • Penalties (Section 4)

    • Civil penalties: up to $1,000 for the first offense; up to $2,500 for subsequent offenses.
    • The penalty must reflect the nature and gravity of the violation, the dealer’s culpability, and prior offenses.
    • No violation for not using the device if the outage is due to physical damage to facilities or the device sustained during a disaster or emergency.

  • Regulations (Section 5)

    • The Department is authorized to establish rules and regulations to implement the act.

  • Effective date (Section 6)

    • The act takes effect one year after enactment.

Who is affected

  • Primary: Retail dealers that sell or dispense motor fuel to consumers (24/7, highway-adjacent outlets) across Massachusetts.
  • Regulatory/oversight: Division of Standards (Office of Consumer Affairs and Business Regulation) and MEMA for compliance and guidance.
  • State agencies authorized to issue regulations and to enforce penalties.

Procedural and timeline context

  • Introduced: February 27, 2025.
  • Filed as: House Docket No. 743 (House No. 3492) by Rep. William C. Galvin.
  • Legislative action so far: Referred to the Committee on Telecommunications, Utilities and Energy; Senate concurred.
  • Hearing schedule: Hearing rescheduled to October 16, 2025. Latest notice indicates a session on Oct 16, 2025 from 1:00 PM to 5:00 PM (A-1) and via virtual attendance.
  • Related matter: Similar or prior proposal filed in 2023-2024 (HD 3163); related House version HD 743 is noted as the replacement in another track.

Additional notes

  • The act envisions a transition period ending one year after enactment, after which compliance and penalties would begin in earnest.
  • No explicit funding or cost estimates are provided in the text available here.
  • The bill references ongoing regulatory development by the department to implement technical and safety standards for the required power systems.

Compiled from official sources — confirm details with the bill’s official record.

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