2019 New York Laws
ENG - Energy
Article 5 - State Energy Office; Organization and Powers, Functions and Duties
5-117 - 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.