Legislation
SECTION 5-117
Powers during energy or fuel emergency
Energy (ENG) CHAPTER 17-A, ARTICLE 5
§ 5-117. Powers during energy or fuel emergency. 1. Upon a finding
and declaration by the governor that there exists or impends an energy
or fuel supply emergency, which declaration shall state the governor's
reasons for such finding, the commissioner shall be authorized, in
addition to the powers and duties set forth elsewhere in this chapter,
to the extent not in conflict with federal law, notwithstanding any
state or local law or contractual agreement, to:
(a) Allocate available supplies of energy or energy resources among
areas, users, persons or categories of persons or users. In allocating
available supplies, the commissioner shall give priority to energy and
energy resources use essential to public health and safety, and shall
thereafter attempt to allocate the remaining supply equitably and in a
manner designed to avoid undue hardship.
(b) Impose restrictions on any wasteful, inefficient, or non-essential
use of energy or energy resources, and upon the promotion of such uses.
(c) Waive state and local environmental protection requirements to the
extent necessary for emergency use of energy resources not meeting such
requirements for a period of not more than thirty days; provided,
however, that an additional thirty days may be granted for good cause.
Only one such waiver and one extention thereof may be granted any
facility within any six month period.
2. The powers granted to the commissioner pursuant to subdivision one
of this section shall be in addition to and not in limitation of any
emergency powers now vested in the governor which the governor may
choose to delegate to the commissioner.
3. In excerising the powers granted pursuant to subdivisions one and
two of this section, the commissioner may supersede any emergency power
heretofore vested in any other state agency.
4. No declaration of an energy or fuel supply emergency shall be
deemed effective for a period in excess of six months, and no power
exercised pursuant to this section shall be effective for a period in
excess of six months, unless each house of the legislature shall consent
to an extension for a specific period of time.
and declaration by the governor that there exists or impends an energy
or fuel supply emergency, which declaration shall state the governor's
reasons for such finding, the commissioner shall be authorized, in
addition to the powers and duties set forth elsewhere in this chapter,
to the extent not in conflict with federal law, notwithstanding any
state or local law or contractual agreement, to:
(a) Allocate available supplies of energy or energy resources among
areas, users, persons or categories of persons or users. In allocating
available supplies, the commissioner shall give priority to energy and
energy resources use essential to public health and safety, and shall
thereafter attempt to allocate the remaining supply equitably and in a
manner designed to avoid undue hardship.
(b) Impose restrictions on any wasteful, inefficient, or non-essential
use of energy or energy resources, and upon the promotion of such uses.
(c) Waive state and local environmental protection requirements to the
extent necessary for emergency use of energy resources not meeting such
requirements for a period of not more than thirty days; provided,
however, that an additional thirty days may be granted for good cause.
Only one such waiver and one extention thereof may be granted any
facility within any six month period.
2. The powers granted to the commissioner pursuant to subdivision one
of this section shall be in addition to and not in limitation of any
emergency powers now vested in the governor which the governor may
choose to delegate to the commissioner.
3. In excerising the powers granted pursuant to subdivisions one and
two of this section, the commissioner may supersede any emergency power
heretofore vested in any other state agency.
4. No declaration of an energy or fuel supply emergency shall be
deemed effective for a period in excess of six months, and no power
exercised pursuant to this section shall be effective for a period in
excess of six months, unless each house of the legislature shall consent
to an extension for a specific period of time.