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 toviolate 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