What's happening
This bill allows the Department of Environmental Conservation to temporarily waive fuel or fuel additive requirements during extreme supply disruptions caused by unforeseen events.
Why it matters
Addresses emergency fuel shortages. By allowing temporary waivers of fuel or additive requirements during extreme and unforeseen supply disruptions, the bill aims to prevent shortages that could disrupt transportation, emergency response, and economic activity.
Limits regulatory flexibility to genuine emergencies. The waiver is only permitted if the shortage is due to a natural disaster or another event that could not have been reasonably foreseen, ensuring it’s not used to bypass environmental protections for routine supply issues.
Includes protections for market stability. The waiver must be time-limited and provide a “blend-down” period, allowing fuel wholesalers and retailers to transition inventories back to standard requirements without abrupt changes that could cause confusion, waste, or further disruption.
Impacts all fuel distributors equally. The waiver would apply across the entire motor fuel distribution system, reducing the risk of market imbalances or unfair advantages among suppliers during crises.
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Who cares
Headline styles
Waive Fuel Rules in Emergencies
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to environmental conservation
- Referred to environmental conservation
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
937
2019-2020 Regular Sessions
IN SENATE
January 9, 2019
Introduced by Sen. O'MARA -- read twice and ordered printed, and when printed to be committed to the Committee on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to authorizing the department of environmental conservation to temporarily waive fuel and fuel additive requirements in extreme and unusual circumstances
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 2 of section 19-0301 of the environmental conservation law is amended by adding a new paragraph f to read as follows:
f. Temporarily waive specific requirements of this section, or establish temporary alternative requirements respecting the use of a fuel or fuel additive if the department determines that:
(1) extreme and unusual fuel or fuel additive supply circumstances exist which prevent the distribution of an adequate supply of the fuel or fuel additive to consumers; and
(2) such extreme and unusual fuel or fuel additive supply circumstances are the result of a natural disaster, or another event that could not have been reasonably foreseen.
A temporary fuel and fuel additive supply circumstance waiver pursuant to this paragraph shall (i) be effective for a defined period of time that permits a transitional period after the termination of the temporary waiver to permit wholesalers and retailers to blend down their wholesale and retail inventory; and (ii) apply to all persons in the motor fuel distribution system.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06109-01-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the environmental conservation law, in relation to authorizing the department of environmental conservation to temporarily waive fuel and fuel additive requirements in extreme and unusual circumstances
Purpose or general idea of bill
This bill adds statutory language to ensure that NYS DEC has the author- ity to issue a fuel waiver. Furthermore, it would ensure that waivers are issued in a timely manner, even despite possible staff turnover. The proposed language comes directly form 42 USC 7545, the section of the Clean Air act providing waiver authority to the EPA Administrator for transportation fuels.
Summary of specific provisions
This would add a new paragraph f to section 19-0301 of the environmental conservation law:
Section 1. Grants the Department of Environmental Conservation authority to waive specific requirements of Section 19-0301 subsection 2 paragraph E of environmental conservation law.
Section 2. States the effective date.
Justification
Power outages, reduced supply and flooding caused by Hurricane Sandy forced many gas stations to close and caused disruption in the flow of fuel from refineries to stations that remained open. During Hurricane Sandy waivers were necessary to move fuel as quickly as possible into the state. When there is disruption in the supply chain, waivers from government help to get gasoline, diesel and home heating oil to consum- ers as the supply chain undergoes repairs.
Prior legislative history
2018 - S 8450
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.