§ 10-14-3-13 — Energy emergency proclamation; additional duties and special powers of governor; exemption; effect of cessation

(a) In addition to the governor's existing
powers and duties, the governor has the duties and special energy
emergency powers set forth in this section, subject to the limitations in
this chapter.
(b) The governor may, upon finding that an energy emergency
exists, proclaim a state of energy emergency at which time all the
general and specific emergency powers specified in this section and
section 14 of this chapter become effective.
(c) A proclamation issued under this section and any order or rule
issued as a result of the proclamation continues in effect until sixty (60)
days after the date of the proclamation of the energy emergency unless
the governor rescinds the proclamation and declares the energy
emergency ended before the expiration of the sixty (60) day period.
(d) The governor may not renew or extend a proclamation more than
once without approval of the general assembly.
(e) The conditions of an energy emergency cease when the governor
declares the end of an energy emergency.
(f) In a declared state of energy emergency, the governor may do the
following:
(1) Implement programs, controls, standards, priorities, and
quotas for the conservation and consumption of energy, including
plans and commission regulations for the curtailment of energy if
the governor imposes controls, quotas, or curtailments according
to the nature of the end use to be made of the energy consistent
with existing transmission and distribution systems serving the
geographic area affected by the energy emergency.
(2) Suspend and modify state pollution control standards and
requirements affecting or affected by the use of energy, including
standards or requirements relating to air or water quality control.
(3) Establish and implement intrastate regional programs and
agreements for the purposes of coordinating the energy program
and actions of the state with the federal government and other
states, localities, and other persons.
(4) Designate the execution and enforcement of emergency orders
to a state agency that regulates the energy form, resource, or
suppliers that are the subject of the proclaimed emergency.
(5) Suspend the provisions of any state statute regulating
transportation or the orders or rules of any state agency if strict
compliance with any of the provisions would prevent, hinder, or
delay necessary action in coping with the energy emergency.
(g) Restrictions, curtailments, or adjustments under subsection (f)
must:
(1) be ordered and continue only as long as demonstrably
necessary for the maintenance of essential services or
transportation or for the continued operation of the economy but
not longer than the proclamation's duration;
(2) be applied as uniformly as practicable within each class of
suppliers and consumers and without discrimination within a
class; and
(3) give due consideration to:
(A) the implementation of involuntary measures only after
voluntary measures have been determined to be ineffective;
(B) protection of public health and safety;
(C) maintenance of vital activities, including but not limited to
food, shelter, fuel, and medical care;
(D) minimization of economic impact on commercial, retail,
professional, agricultural, and service establishments;
(E) cooperation with other state, local, and federal governments
to avoid duplicating efforts; and
(F) maintenance of public information channels.
(h) This section does not mean that any program, control, standard,
priority quota, or other policy created under the authority of the
emergency powers authorized by this section has any continuing legal
effect after the cessation of a declared state of energy emergency.
(i) Except as provided in this section, this chapter does not exempt
a person from compliance with the provisions of any other law, rule, or
directive unless:
(1) specifically ordered by the governor; or
(2) impossibility of compliance is a direct result of the governor's
order.
(j) A proclamation issued under this section shall be:
(1) disseminated promptly and in a manner calculated to inform
the general public of its contents; and
(2) filed promptly with the secretary of state and the clerk of each
circuit court of Indiana.
[Pre-2003 Recodification Citation: 10-4-1-7.1.]

Legislative History

As added by P.L.2-2003, SEC.5.