§125C-3 Powers in a shortage.

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

§125C-3 Powers in a shortage. When a shortage as defined in section 125C-2 exists, the governor or the governor's authorized representative, to ensure that petroleum products are made available to the public in an orderly, efficient, and safe manner, may:

(1)Control the retail distribution and sale of petroleum products by adopting rules that may include, but are not limited to, the following measures:

(A)Restricting the sale of petroleum products to specific days of the week, hours of the day or night, odd- and even-numbered calendar days, and vehicles having less than a specified amount of gasoline in their tanks, with exceptions for certain designated geographical areas;

(B)Restricting sales of petroleum products by dealers to daily allocations, which shall be determined by dividing the monthly allocation by the number of selling days per month;

(C)Requiring dealers to post signs designating their hours of operation and the sell-out of daily allocation;

(D)Instituting a statewide rationing plan; and

(E)Allowing for special handling for commercial and emergency-user vehicles;

(2)Require that a percentage of petroleum products, not to exceed five per cent, be set aside to alleviate hardship; provided that aviation gasoline set aside shall not exceed ten per cent;

(3)Purchase and resell or otherwise distribute petroleum products, and purchase and resell or otherwise distribute ethanol that is produced within the State and can be used as a substitute for petroleum products;

(4)Receive, expend, or use contributions or grants in money or property, or special contributions thereof for special purposes not inconsistent with this chapter;

(5)Borrow and expend moneys needed to exercise the powers granted under this section;

(6)Contract in the name of the State for the purpose of implementing this chapter or any part thereof; and

(7)Exercise the powers granted under this section to the degree and extent deemed by the governor to be necessary, including the temporary or indefinite suspension of all or part of the measures taken, as the governor deems appropriate. [L 1975, c 38, pt of §1; am L 1984, c 238, §4; gen ch 1985; am L 1992, c 182, §3; am L 1994, c 59, §1]