N.Y. ENG Law § 10-105

§ 10-105. Fuel set-aside. 1. The commissioner shall promulgate rules\nand regulations establishing a fuel set-aside system for liquid fossil\nfuels. The fuel set-aside system established pursuant to this article\nshall not go into effect in whole or in part except where the federal\ngovernment terminates, suspends or fails to implement all or part of the\nfederal petroleum allocation program. The commissioner shall implement\nonly that portion of the state set-aside program necessary to prevent\nand alleviate any energy hardships or shortages. Such rules and\nregulations shall direct that prime suppliers set aside an amount of\nliquid fossil fuel, as determined by the commissioner, which amount\nshall be a percentage of the monthly volume of liquid fossil fuels which\nprime suppliers intend to sell into the state distribution system for\nconsumption within the state.\n 2. In addition to meeting the purposes set forth in section 10-101 of\nthis article and the requirements of subdivision one of this section,\nthe rules and regulations establishing the fuel set-aside system shall\nprovide that:\n (a) A prime supplier inform the office each month of the monthly\nvolume of each product subject to fuel set-aside which is intended to be\nsold into the state distribution system for consumption within the\nstate, provided the commissioner determines that such information is\nneeded.\n (b) The commissioner shall notify each prime supplier of the monthly\nfuel set-aside percentage, not exceeding three percent, applicable to\neach product subject to fuel set-aside. The commissioner may review and\nrevise such percentages from time to time as he deems appropriate.\n (c) The amount of fuel to be set aside for a particular month cannot\nbe accumulated or deferred; it shall be made available from stocks of\nprime suppliers, whether directly or through distributors.\n (d) Procedures shall be established for making an application for an\nallocation from the fuel set-aside reserves and for approval or\ndisapproval of such application by the commissioner.\n