N.Y. Comp. Codes R. & Regs. tit. 9 § 2.5

Current through Register Vol. 46, No. 45, November 2, 2024

Section 2.5 - Executive Order No. 5: Establishing the Emergency Fuel Office in the Executive Chamber

I, Malcolm Wilson, Governor of the State of New York, by virtue of the authority vested in me by the Constitution and Laws of the State, do hereby establish by Executive Order in the Executive Chamber an Emergency Fuel Office.

The Office shall be headed by a Director who shall be appointed by the Governor.

I.Powers and Duties of the Office

The Office shall:

(a) Act as the designated State Office of Petroleum Allocation pursuant to the regulations of the Federal Energy Office, with full authority, among other things:

(i) to administer the state set-aside program for hardship and emergency allocation requirements of all wholesale purchasers and end users within the State of petroleum products;

(ii) to receive, review and recommend to the Federal Fuel and Energy Office requests from wholesale purchasers and end users within the State for adjustments to the assignments of supplies of petroleum products; and

(iii) investigate and consider information relative to petitions for allocation from the State set-aside or for adjustment to or assignment of petroleum products;

(b) As directed by the Governor, promulgate and implement allocation or conservation programs, including, without limitation, programs promulgated under any emergency authority now possessed by the Governor or hereafter granted to the Governor by the Legislature;

(c) As directed by the Governor upon the request of the Attorney General, assist the Attorney General in protecting consumers from abuses in the distribution, wholesaling and retailing of petroleum products;

(d) Coordinate the activities and programs of the State for the allocation or conservation of petroleum products with those of local governments, where permitted;

(e) Maintain liaison with appropriate agencies of the federal government and report to the Governor on the activities of the federal government relating to the petroleum products supply;

(f) Perform such other related functions as the Governor may assign to it.

II.Personnel

In carrying out its functions, powers and duties, the Office shall, to the extent feasible, make use of the resources of existing State departments and agencies, including the personnel thereof, and such departments and agencies are hereby directed to provide such specific resources and personnel as are requested by the Office. In addition to the foregoing, the Director may employ such additional personnel as he deems necessary and desirable to fulfill the functions of the office and provide them with compensation within the amounts available therefor.

Signed: Malcolm A. Wilson

Dated: February 22, 1974

PROCLAMATION

WHEREAS, the Legislature has granted to the Governor certain emergency powers which may be exercised 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, and

WHEREAS, I have directed and received a report on the gasoline supply situation throughout the State and have otherwise consulted with numerous State and local officials to determine whether an energy or fuel supply shortage exists or impends of a dimension which endangers the public health or safety and whether such emergency powers should be invoked, and

WHEREAS, I have found that there exists in New York State a gasoline supply shortage of a dimension which endangers the public health or safety,

NOW, THEREFORE, I, Malcolm Wilson, Governor of the State of New York, by virtue of the authority vested in me by section eleven of the Executive Law, do hereby declare a state-wide fuel and energy shortage state of emergency, limited in applicability to gasoline. Such state of emergency shall last for a period of one year from the date hereof unless sooner terminated by order of the Governor.

Signed: Malcolm A. Wilson

Dated: February 23, 1974

N.Y. Comp. Codes R. & Regs. Tit. 9 § 2.5