S T A T E O F N E W Y O R K
________________________________________________________________________
937
2019-2020 Regular Sessions
I N S E N A T E
January 9, 2019
___________
Introduced by Sen. O'MARA -- read twice and ordered printed, and when
printed to be committed to the Committee on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to
authorizing the department of environmental conservation to temporar-
ily waive fuel and fuel additive requirements in extreme and unusual
circumstances
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 2 of section 19-0301 of the environmental
conservation law is amended by adding a new paragraph f to read as
follows:
F. TEMPORARILY WAIVE SPECIFIC REQUIREMENTS OF THIS SECTION, OR ESTAB-
LISH TEMPORARY ALTERNATIVE REQUIREMENTS RESPECTING THE USE OF A FUEL OR
FUEL ADDITIVE IF THE DEPARTMENT DETERMINES THAT:
(1) EXTREME AND UNUSUAL FUEL OR FUEL ADDITIVE SUPPLY CIRCUMSTANCES
EXIST WHICH PREVENT THE DISTRIBUTION OF AN ADEQUATE SUPPLY OF THE FUEL
OR FUEL ADDITIVE TO CONSUMERS; AND
(2) SUCH EXTREME AND UNUSUAL FUEL OR FUEL ADDITIVE SUPPLY CIRCUM-
STANCES ARE THE RESULT OF A NATURAL DISASTER, OR ANOTHER EVENT THAT
COULD NOT HAVE BEEN REASONABLY FORESEEN.
A TEMPORARY FUEL AND FUEL ADDITIVE SUPPLY CIRCUMSTANCE WAIVER PURSUANT
TO THIS PARAGRAPH SHALL (I) BE EFFECTIVE FOR A DEFINED PERIOD OF TIME
THAT PERMITS A TRANSITIONAL PERIOD AFTER THE TERMINATION OF THE TEMPO-
RARY WAIVER TO PERMIT WHOLESALERS AND RETAILERS TO BLEND DOWN THEIR
WHOLESALE AND RETAIL INVENTORY; AND (II) APPLY TO ALL PERSONS IN THE
MOTOR FUEL DISTRIBUTION SYSTEM.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06109-01-9