9 NYCRR Part 7900 - Executive Department

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Source versions current through May 15, 2022 - Oct 31, 2022 across sections

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9 NYCRR 7900.1 - Purpose and Scope

Source version current through May 15, 2022

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: May 15, 2022

This subchapter establishes a standby State fuel set-aside program for liquid fossil fuels pursuant to New York State Energy Law Article 10. The standby program shall be implemented only under the conditions and procedures specified in section 7900.2 of this part. If implemented, the program shall be utilized by the New York State Energy Office to meet hardship and emergency requirements of all end-users within New York State, including any governmental organization, from the State set-aside volumes. To facilitate such relief, the State Energy Office may direct that a wholesale purchaser-reseller be supplied from the State set-aside in order to supply the end-users experiencing the hardship or emergency.

9 NYCRR 7900.2 - Standby Authority

Source version current through May 15, 2022

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: May 15, 2022

(a)The Commissioner of the State Energy Office may implement the standby State fuel set-aside program if he finds that implementation of the standby State fuel set-aside program for one or more liquid fossil fuels is necessary to prevent or alleviate energy hardships or shortages.

(b)The commissioner shall implement the standby program by issuing an order stating such finding, establishing a State set-aside for one or more specified liquid fossil fuels at specified percentages, and indicating the date by which each prime supplier must designate a representative under section 7900.6 of this part, and the date on which the State set-aside program will go into effect. Such order, and any order amending or rescinding such order, shall be served by registered mail upon each prime supplier of the specified fuel or fuels serving the State. It shall be effective upon issuance, without subsequent hearings.

(c)The commissioner may delegate authority to appropriate State and local government officials to act in his stead and otherwise assist in implementing this program; such delegation shall be in writing and shall require the delegatee to conform to all requirements of these regulations and the delegating order.

9 NYCRR 7900.3 - Definitions

Source version current through Oct 31, 2022

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Oct 31, 2022

As used in this subchapter:

(a)Aviation fuels means jet fuel (kerosene-type), jet fuel (naphtha-type), and aviation gasoline.

(b)End-user means any person who is an ultimate consumer within New York State of a liquid fossil fuel.

(c)Liquid fossil fuel means aviation fuels, liquefied petroleum gases, middle distillates, motor gasoline, and residual fuel oils.

(d)Liquefied petroleum gases means propane, butane, and propane/butane mixes, but not ethane.

(e)Middle distillates means any derivatives of petroleum including kerosene, No. 1 and No. 2 home heating oils, range oil, stove oil, and diesel fuel, which have a fifty percent boiling point in the American Society for Testing Materials (ASTM) D86 standard distillation test falling between 371° and 700° F. Products specifically excluded from this definition are aviation fuels, residual fuel oils, and all specialty items such as solvents, lubricants, waxes and process oil.

(f)Motor gasoline means a mixture of volatile hydrocarbons, suitable for operation of an internal combustion engine, whose major components are hydrocarbons with boiling points ranging from 140° to 390° F and whose source is distillation of petroleum and cracking, polymerization, and other chemical reactions by which the naturally occurring petroleum hydrocarbons are converted to those that have superior fuel properties; and includes leaded and unleaded grades of motor gasoline, gasohol, and any other motor gasoline blends including non-petroleum derivatives.

(g)Person means any individual, trustee, agency, partnership, association, corporation, company, municipality, political subdivision or other legal entity.

(h)Prime supplier means any person who makes the first sale of any liquid fossil fuel into the New York State distribution system for consumption within the State.

(i)Residual fuel oils means the fuel oils commonly know as:

(1)No. 4, No. 5 and No. 6 fuel oils;

(2)Bunker C;

(3)Navy Special Fuel Oil; and all other fuel oils which have a fifty percent boiling point over 700° F in the ASTM D8 6 standard distillation test.

(j)State set-aside means the amount of liquid fossil fuel which is made available from the total supply of a prime supplier for utilization pursuant to this subchapter to resolve hardships and emergencies due to energy shortages.

(k)Wholesale purchaser-reseller means any person who purchases, receives through transfer, or otherwise obtains (as by consignment) one or more liquid fossil fuels and resells or otherwise transfers it to other purchasers within New York State without substantially changing its form.

9 NYCRR 7900.4 - Monthly Report

Source version current through May 15, 2022

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: May 15, 2022

(a)Upon implementation of the standby program, each prime supplier shall provide the State Energy Office by the 20th day of the month with a monthly report on information relating to projected first sales of liquid fossil fuels into the State for the following calendar month. For purposes of this reporting requirement, the State Energy Office will accept the information contained on the United States Department of Energy Form EIA-782C, attached as an appendix to these regulations.

(b)At any time prior to the 20th day of the month covered by a report, a prime supplier shall submit a revision of a report filed with respect to that month to inform the State Energy Office of new or revised information.

9 NYCRR 7900.5 - Set-aside volume

Source version current through May 15, 2022

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: May 15, 2022

(a)The Commissioner of the State Energy Office shall determine the State set-aside percent age level for each liquid fossil fuel made subject to the State set-aside, not exceeding three percent, as provided in section 7900.2 of this Part.

(b)The set-aside volume for each liquid fossil fuel made subject to the State set-aside shall be the amount calculated by multiplying the total volume of available supply of that fuel for the month, as indicated in the report filed under section 7900.4 of this Part, by the set-aside percentage for that fuel.

(c)The total set-aside volume available for the purpose of the State set-aside program for a fuel for a particular month shall be the sum of the volumes for that fuel reported by all prime suppliers under section 7900.4 of this Part.

(d)The State 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 their distributors.

9 NYCRR 7900.6 - State action

Source version current through May 15, 2022

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: May 15, 2022

The State Energy Office shall evaluate all hardship and emergency applications and issue State set-aside assignment and general distribution orders in accordance with Parts 7901, 7902 and 7903 of this Title.

9 NYCRR 7900.7 - Supplier's and wholesale purchaser-reseller's responsibilities

Source version current through May 15, 2022

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: May 15, 2022

(a)Each prime supplier shall designate a representative to act for and on behalf of the prime supplier with respect to New York State set-aside applications and assignment and general distribution orders from the State set-aside.

(b)Each prime supplier shall supply products from its State set-aside volume each month, as directed by the State Energy Office.

(c)Prime suppliers and wholesale purchaser-resellers shall comply with State Energy Office assignment and general distribution orders in accordance with Parts 7901, 7902, 7903 and 7905 of this Title.

(d)Prime suppliers and wholesale purchaser-resellers shall submit such reports in compli ance with State Energy Office assignment and general distribution orders as may be required by those orders, or by State Energy Office special report orders.

9 NYCRR 7900.8 - Confidential treatment of information

Source version current through May 15, 2022

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: May 15, 2022

The State Energy Office may deny requests for access to monthly reports submitted under section 7900.4 of this Part, applications submitted under section 7901.4 of this Title, or other set- aside system records to the extent that such records or portions thereof fall within section 7801.7(b)(4) of this Title or other exemption from disclosure provisions of the State Energy Office's public access to records (Freedom of Information) regulations.

9 NYCRR 7900.9 - Severability

Source version current through May 15, 2022

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: May 15, 2022

In the event any part, section, subdivision or paragraph of this subchapter shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other parts, sections, subdivisions or paragraphs of this subchapter, which shall remain in force and effect as if the part, section, subdivision or paragraph so declared or adjudged invalid or unconstitutional were not originally part hereof.

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