§ 5-117 — Powers during energy or fuel emergency

New York § 5-117

• Jurisdiction: New York
• Law ENG: Energy
• Art. 5: State Energy Office; Organization and Powers, Functions and Duties

Text

§ 5-117. Powers during energy or fuel emergency. 1. Upon a finding\nand declaration by the governor that there exists or impends an energy\nor fuel supply emergency, which declaration shall state the governor's\nreasons for such finding, the commissioner shall be authorized, in\naddition to the powers and duties set forth elsewhere in this chapter,\nto the extent not in conflict with federal law, notwithstanding any\nstate or local law or contractual agreement, to:\n (a) Allocate available supplies of energy or energy resources among\nareas, users, persons or categories of persons or users. In allocating\navailable supplies, the commissioner shall give priority to energy and\nenergy resources use essential to public health and safety, and shall\nthereafter attempt to allocate the remaining supply equitably and in a\nmanner designed to avoid undue hardship.\n (b) Impose restrictions on any wasteful, inefficient, or non-essential\nuse of energy or energy resources, and upon the promotion of such uses.\n (c) Waive state and local environmental protection requirements to the\nextent necessary for emergency use of energy resources not meeting such\nrequirements for a period of not more than thirty days; provided,\nhowever, that an additional thirty days may be granted for good cause.\nOnly one such waiver and one extention thereof may be granted any\nfacility within any six month period.\n 2. The powers granted to the commissioner pursuant to subdivision one\nof this section shall be in addition to and not in limitation of any\nemergency powers now vested in the governor which the governor may\nchoose to delegate to the commissioner.\n 3. In excerising the powers granted pursuant to subdivisions one and\ntwo of this section, the commissioner may supersede any emergency power\nheretofore vested in any other state agency.\n 4. No declaration of an energy or fuel supply emergency shall be\ndeemed effective for a period in excess of six months, and no power\nexercised pursuant to this section shall be effective for a period in\nexcess of six months, unless each house of the legislature shall consent\nto an extension for a specific period of time.\n