§ 4133. Petroleum set-aside
(a) The Commissioner shall adopt rules establishing a petroleum set-aside system for liquid fossil fuels. The fuel set-aside system established pursuant to this chapter shall not go into effect in whole or in part except where the federal government terminates, suspends, or fails to implement all or part of the federal petroleum allocation program. After a determination has been made by the Governor that the program is required to meet a petroleum supply shortage within the State which will significantly impair essential public services or essential economic activity, and after the Governor has complied with any notice requirements and has received any approval required by federal law, the Commissioner shall implement only that portion of the State set-aside program necessary to prevent and alleviate any energy hardships or shortages. The State set-aside program shall continue in effect for no more than 90 days and shall terminate when the federal petroleum allocation program is renewed or implemented or when the energy hardship or shortage ceases to exist. Rules adopted by the Commissioner shall direct that prime suppliers set aside an amount of liquid fossil fuel, as determined by the Commissioner, which amount shall be a percentage of the monthly volume of liquid fossil fuels which prime suppliers intend to sell into the State distribution system for consumption within the State.
(b) In addition to meeting the purposes set forth in section 4131 of this title and the requirements of subsection (a) of this section, the rules establishing the petroleum set-aside system shall provide that:
(1) A prime supplier inform the Department each month of the monthly volume of each product subject to petroleum set-aside which is intended to be sold into the State distribution system for consumption within the State, provided the Commissioner determines that such information is needed.
(2) The Commissioner shall notify each prime supplier of the monthly petroleum set-aside percentage, not exceeding three percent, applicable to each product subject to petroleum set-aside. The Commissioner shall review and revise such percentages monthly.
(3) The amount of petroleum to be set aside for a particular month cannot be accumulated or deferred; it shall be made available from stocks of prime suppliers, whether directly or through distributors.
(4) Procedures shall be established for making an application for an allocation from the petroleum set-aside reserves and for approval or disapproval of that application by the Commissioner. (Added 1981, No. 162 (Adj. Sess.), § 1, eff. April 15, 1982; amended 1983, No. 170 (Adj. Sess.), § 8, eff. April 19, 1984; 2015, No. 23, § 94.)