N.Y. Energy Law § 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.