GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2009

S                                                                                                                                                    D

SENATE DRS55233-MD-76  (3/3)

 

 

 

Short Title:        Fuel Rationing Authority for Governor.

(Public)

Sponsors:

Senator McKissick.

Referred to:

 

 

 

A BILL TO BE ENTITLED

AN ACT to authorize the governor to impose fuel rationing measures during a state of disaster, a local state of emergency, or an abnormal market disruption.

The General Assembly of North Carolina enacts:

SECTION 1.  Chapter 166A of the General Statutes is amended by adding a new section to read:

"§ 166A‑6.03.  Fuel rationing authority.

(a)        In addition to any other powers conferred on the Governor by law, during a triggering event, the Governor shall have the power to establish a system of rationing, price freezing, or other controls over fuel. These measures may extend to all parties in the chain of distribution, including a supplier, wholesaler, distributor, or retail seller of fuel. This authority shall include the power to administer and enforce a similar federal order or regulation.

(b)        As used in this section, the term 'triggering event' means any of the following:

(1)        The declaration of a state of emergency pursuant to G.S. 166A‑8 or Article 36A of Chapter 14 of the General Statutes.

(2)        The proclamation of a state of disaster pursuant to G.S. 166A‑6.

(3)        The finding of an abnormal market disruption, as that term is defined in G.S. 75‑38(e), with respect to fuel."

SECTION 2.  G.S. 166A‑6(c) reads as rewritten:

"(c)       In addition, during a state of disaster, with the concurrence of the Council of State, the Governor has the following powers:

(2)        To establish a system of economic controls over all resources, materials and services to include food, clothing, shelter, fuel, rents and wages, including the administration and enforcement of any rationing, price freezing or similar federal order or regulation;

.…"

SECTION 3.  This act is effective when it becomes law.