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

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

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

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

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

(D)  Instituting a statewide rationing plan;and

(E)  Allowing for special handling forcommercial 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 thataviation gasoline set aside shall not exceed ten per cent;

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

(4)  Receive, expend, or use contributions or grantsin money or property, or special contributions thereof for special purposes notinconsistent with this chapter;

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

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

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