§ 10-105. Fuel set-aside. 1. The commissioner shall promulgate rules
and regulations establishing a fuel set-aside system for liquid fossil
fuels. The fuel set-aside system established pursuant to this article
shall not go into effect in whole or in part except where the federal
government terminates, suspends or fails to implement all or part of the
federal petroleum allocation program. The commissioner shall implement
only that portion of the state set-aside program necessary to prevent
and alleviate any energy hardships or shortages. Such rules and
regulations shall direct that prime suppliers set aside an amount of
liquid fossil fuel, as determined by the commissioner, which amount
shall be a percentage of the monthly volume of liquid fossil fuels which
prime suppliers intend to sell into the state distribution system for
consumption within the state.

2. In addition to meeting the purposes set forth in section 10-101 of
this article and the requirements of subdivision one of this section,
the rules and regulations establishing the fuel set-aside system shall
provide that:

(a) A prime supplier inform the office each month of the monthly
volume of each product subject to fuel set-aside which is intended to be
sold into the state distribution system for consumption within the
state, provided the commissioner determines that such information is
needed.

(b) The commissioner shall notify each prime supplier of the monthly
fuel set-aside percentage, not exceeding three percent, applicable to
each product subject to fuel set-aside. The commissioner may review and
revise such percentages from time to time as he deems appropriate.

(c) The amount of fuel to be set aside for a particular month cannot
be accumulated or deferred; it shall be made available from stocks of
prime suppliers, whether directly or through distributors.

(d) Procedures shall be established for making an application for an
allocation from the fuel set-aside reserves and for approval or
disapproval of such application by the commissioner.