2006 New York Code - Powers During Energy Or Fuel Emergency.

 
    §  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.