1. The Laws of New York
  2. Consolidated Laws
  3. Energy
  4. Article 5: State Energy Office; Organization and Powers, Functions and Duties

Section 5-117 Powers during energy or fuel emergency

Energy (ENG)

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.