§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]