2012 New York Consolidated Laws
EXC - Executive
Article 2 - (2 - 12) GOVERNOR
11 - Fuel and energy shortage state of emergency.

 
    * § 11. Fuel  and  energy  shortage  state of emergency. 1. As used in
  this section,
    a. "energy" shall include electricity, however generated;
    b. "fuel" shall include coal, petroleum products and gases;
    c. "petroleum products" shall include  residual  fuel  oil,  gasoline,
  kerosene,  propane,  butane,  refined lubricating oils, diesel fuel, and
  other distillates, including number two fuel oil;
    d. "gases" shall  include  natural  gas,  liquified  natural  gas  and
  synthetic natural gas.
    2.  Upon  a  finding  by  the governor that there exists or impends an
  energy or fuel supply shortage of a dimension which endangers the public
  health or safety in all or any part  of  the  state,  the  governor  may
  declare  a fuel and energy shortage state of emergency, to last for such
  time, not exceeding one year, as the  governor  deems  necessary.    The
  governor  may  limit the applicability of any such state of emergency to
  any type or types of fuel and energy, and to any part or  parts  of  the
  state  or  to  the  geographical  territory of any political subdivision
  thereof in which such a shortage exists or impends.
    3. Upon declaring the existence of a fuel and energy shortage state of
  emergency and  after  consultation  with  appropriate  state  and  local
  officials,  the  governor  may,  to  the  extent  not  in  conflict with
  applicable federal law or regulation but notwithstanding  any  state  or
  local law or contractual agreement:
    a.  allocate available supplies of energy or fuel among areas, uses or
  persons.   In allocating available supplies,  the  governor  shall  give
  priority  to  fuel  and  energy  uses essential to the public health and
  safety and shall, thereafter, attempt to allocate the  available  supply
  equitably and in a manner designed to avoid undue hardship to particular
  fuel and energy users, classes of fuel and energy users and regions;
    b. impose restrictions on non-essential uses of fuel and energy; and
    c.  waive state and local environmental protection requirements to the
  extent necessary for  the  emergency  use  of  fuels  not  meeting  such
  requirements; provided, however, that no such waiver may be for a period
  longer than fifteen days.
    4. The governor may promulgate rules and regulations to effectuate the
  purposes  of this section. Such rules and regulations may be promulgated
  prior to the  declaration  of  a  fuel  and  energy  shortage  state  of
  emergency but shall be of no force and effect until such time as a state
  of emergency is declared.
    5.  The  powers granted to the governor under this section shall be in
  addition to and not in limitation of any emergency powers now vested  in
  the  governor  or  any other state agency including, without limitation,
  any power vested in the public service  commission  to  require  utility
  companies  to  allocate available supplies of fuel and energy; provided,
  however, that upon declaring an energy shortage state of  emergency  the
  governor may supersede any such emergency powers.
    6.  a.  Any  person  who  violates any provision of any order, rule or
  regulation issued pursuant to this section shall be subject to a penalty
  of not less than twenty-five nor more  than  five  thousand  dollars  or
  three  times  the  profit  realized  from  such  violation, whichever is
  greater. Such penalty may be recovered  in  an  action  brought  by  the
  attorney general on behalf of the people of the state. An unintentional,
  technical violation, however, shall not be subject to a penalty.
    b.  Any  person who wilfully violates any provision of any order, rule
  or regulation issued pursuant to this section shall also be guilty of  a
  misdemeanor.
    7. Whenever it shall appear to the attorney general, upon complaint or
  otherwise,  that  any  person  has violated, is violating or is about to

  violate any order, rule or regulation issued pursuant to  this  section,
  the  attorney general may bring an action in the supreme court to enjoin
  such violation, and upon a proper showing a temporary restraining order,
  a  preliminary injunction or a permanent injunction shall be granted, as
  appropriate.
    8. If any provision of this section or of  any  rules  or  regulations
  promulgated  hereunder shall be held by any court to be invalid in whole
  or in part or  inapplicable  to  any  person  or  situation,  all  other
  provisions  thereof  shall  nevertheless  remain fully effective and the
  application of  any  such  provision  to  other  persons  not  similarly
  situated or other situations shall not be affected thereby.
    * NB Expired June 30, 1975