9 NYCRR Part 7905 - Executive Department

Title 9 is open to everyone.

Ask LawEngine about the NYCRR →Create a free account →All 23 titles. No credit card required.

Source versions current through May 15, 2022 - Jun 30, 2022 across sections

Sections in this Part carry different compiled dates; each section shows its own.

9 NYCRR 7905.1 - Purpose and scope

Source version current through May 15, 2022

Later State Register activity may affect this section.

Top

Dates and status

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

This part establishes requirements for compliance with the provisions of Part 7900 of this subchapter and implementing orders issued pursuant thereto, assignment orders issued pursuant to Parts 7901 and 7903 of this subchapter, and general distribution orders issued pursuant to Parts 7902 and 7903 of this subchapter; penalties for violation of such requirements; and procedures for recovery of such penalties and enforcement of such requirements.

9 NYCRR 7905.2 - Compliance with Part 7900 and implementing orders

Source version current through Jun 30, 2022

Later State Register activity may affect this section.

Top

Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Jun 30, 2022

The provisions of Part 7900 of this subchapter shall be effective immediately upon the issuance by the Commissioner of the State Energy Office of an implementing order pursuant to section 7900.2(b) of this Subchapter, or upon any other date specified by the commissioner in the implementing order. Each prime supplier which has been served with an implementing order shall comply with the provisions of Part 7900 of this subchapter, and the provisions of any implementing order or order amending an implementing order issued by the commissioner.

9 NYCRR 7905.3 - Compliance with orders

Source version current through May 15, 2022

Later State Register activity may affect this section.

Top

Dates and status

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

(a)An assignment order issued pursuant to Parts 7901 and 7903 of this subchapter shall be effective immediately upon issuance. Prime suppliers and wholesale purchase-resellers of such prime suppliers shall provide the assigned amount of fuel to an applicant when presented with an assignment order. The assignment order shall entitle the applicant to receive fuel from the prime supplier or from the local wholesale purchaser-reseller of the prime supplier from which the State set-aside assignment has been made. Wholesale purchaser-resellers shall honor assignment orders upon presentation, and shall not delay deliveries required by the assignment orders while confirming such deliveries with the prime supplier. Any wholesale purchaser-reseller which provides fuel pursuant to an assignment order shall in turn receive from its wholesale purchaser-reseller or prime supplier an equivalent volume of the fuel. Normal deliveries and prelifts (advanced deliveries) by wholesale purchaser-resellers or prime suppliers under a contract with an applicant shall not be considered to satisfy an assignment order requiring delivery to an applicant. An assignment order shall require delivery notwithstanding any provision in any contract between the prime supplier or wholesale purchaser-reseller and the applicant which penalizes the applicant for under-lifting or over-lifting contract volumes. An assignment order not presented to either the prime supplier or the local wholesale purchaser-reseller of the prime supplier designated in the order within 10 days of issuance shall expire after that time.

(b)A general distribution order issued pursuant to Parts 7902 and 7903 of this subchapter shall be effective immediately upon service upon the prime supplier's designated state representative.

(c)Assignment orders and general distribution orders issued pursuant to Parts 7901, 7902 and 7903 of this subchapter shall represent a call on the prime supplier's set-aside volumes for the month of issuance, irrespective of the fact that delivery of the fuel subject to the orders cannot be made until the following month.

(d)Wholesale purchaser-resellers and prime suppliers shall not engage in any form of discrimination between set-aside applicants and other purchasers of fuel which has the effect of frustrating or impairing the objectives, purposes and intent of this subchapter. For purposes of this subdivision, discrimination means any difference between the sale, price, credit, delivery or other treatment afforded set-aside applicants and such treatment afforded other similar purchasers of fuel.

9 NYCRR 7905.4 - Reports on compliance

Source version current through May 15, 2022

Later State Register activity may affect this section.

Top

Dates and status

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

The Commissioner of the State Energy Office may, by written order served by mail, require any prime supplier or wholesale purchaser-reseller to report concerning compliance with the provisions of this subchapter and with any order issued pursuant thereto.

9 NYCRR 7905.5 - Penalties

Source version current through May 15, 2022

Later State Register activity may affect this section.

Top

Dates and status

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

(a)Any person who violates any provision of these regulations, or of any order issued pursuant thereto, shall be liable to the people of the State for a civil penalty in an amount of not less than two thousand five hundred dollars nor more than ten thousand dollars for every such violation.

(b)In addition to the penalties provided by subdivision (a) of this section, any person filing a false written statement with a County Energy Coordinator or the State Energy Office in connection with State set-aside operations shall be subject to criminal penalties as provided by the New York State Penal Law.

9 NYCRR 7905.6 - Enforcement procedures

Source version current through May 15, 2022

Later State Register activity may affect this section.

Top

Dates and status

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

(a)The civil penalty provided for in section 7905.5(a) of this part shall be recovered in an action or special proceeding pursuant to New York State Energy Law, section 10-107(2) and this section brought by the Attorney General at the request and in the name of the commissioner in any court of competent jurisdiction.

(b)Alternatively, or in addition to the action or proceeding to recover the civil penalty provided by subdivision (a) of this section, the Attorney General, upon the request of the commissioner, may institute an action or proceeding to enjoin any violation of, or to enforce any provision of these regulations or of any order issued pursuant thereto.

(c)Any action of proceeding commenced to recover a penalty may be settled or discontinued by the Attorney General with the consent of the commissioner.

(d)In addition to any action or proceeding provided by subdivisions (a) and (b) of this section, if the commissioner finds that a person may have filed a false written statement with a County Energy Coordinator or the State Energy Office in connection with the State set-aside program, the commissioner may refer the matter to the Attorney General for such action, including criminal prosecution, as may be appropriate.

LawEngine makes the New York Codes, Rules and Regulations easier to find, read, and research.