The Vermont Statutes Online

Title 9: Commerce and Trade

Chapter 112: Emergency Petroleum Set-Aside Act

• § 4131. Purpose and findings

  The Legislature hereby finds and declares: that adequate supplies of fuel are essential to the health, welfare, and safety of the people of the State of Vermont; that any severe disruption in fuel supplied for use within the State would cause grave hardship and pose a threat to the health and economic well-being of the people of the State; that such interruptions should be responded to by reliance to the greatest extent practicable on the free market system; and that temporary and concurrent State authority for a fuel set-aside program should be in place as the federal government terminates, suspends, or fails to implement all or part of the federal program. (Added 1981, No. 162 (Adj. Sess.), § 1, eff. April 15, 1982.)

• § 4132. Definitions

  As used in this chapter:

  (1) “Consumer” means any individual, trustee, agency, partnership, association, corporation, company, municipality, political subdivision, or other legal entity that purchases liquid fossil fuels for ultimate consumption within Vermont.

  (2) “Commissioner” means the Commissioner of Public Service or the Commissioner’s designee.

  (3) “Distributor” means any individual, trustee, agency, partnership, association, corporation, company, municipality, political subdivision, or other legal entity that purchases or markets liquid fossil fuels from a prime supplier or any other source and resells those fuels to consumers within Vermont.

  (4) “Liquid fossil fuel” means heating oils, light and heavy diesel oil, motor gasoline, propane, butane, residual fuel oils, kerosene, and aviation fuels.

  (5) “Petroleum set-aside” means the amount of liquid fossil fuel that is made available from the total supply of a prime supplier for utilization by the Department of Public Service pursuant to this chapter to resolve hardships and emergencies due to energy shortages.

  (6) “Prime supplier” means any individual, trustee, agency, partnership, association, corporation, company, municipality, political subdivision, or other legal entity that makes the first sale of any liquid fossil fuel into the State distribution system for consumption within the State. (Added 1981, No. 162 (Adj. Sess.), § 1, eff. April 15, 1982; amended 1983, No. 170 (Adj. Sess.), § 7, eff. April 19, 1984.)

• § 4133. Petroleum set-aside

  (a) The Commissioner shall adopt rules establishing a petroleum set-aside system for liquid fossil fuels. The fuel set-aside system established pursuant to this chapter shall not go into effect in whole or in part except where the federal government terminates, suspends, or fails to implement all or part of the federal petroleum allocation program. After a determination has been made by the Governor that the program is required to meet a petroleum supply shortage within the State that will significantly impair essential public services or essential economic activity, and after the Governor has complied with any notice requirements and has received any approval required by federal law, the Commissioner shall implement only that portion of the State set-aside program necessary to prevent and alleviate any energy hardships or shortages. The State set-aside program shall continue in effect for no more than 90 days and shall terminate when the federal petroleum allocation program is renewed or implemented or when the energy hardship or shortage ceases to exist. Rules adopted by the Commissioner shall direct that prime suppliers set aside an amount of liquid fossil fuel, as determined by the Commissioner, which amount shall be a percentage of the monthly volume of liquid fossil fuels that prime suppliers intend to sell into the State distribution system for consumption within the State.

  (b) In addition to meeting the purposes set forth in section 4131 of this title and the requirements of subsection (a) of this section, the rules establishing the petroleum set-aside system shall provide that:

  (1) A prime supplier inform the Department each month of the monthly volume of each product subject to petroleum set-aside that is intended to be sold into the State distribution system for consumption within the State, provided the Commissioner determines that such information is needed.

  (2) The Commissioner shall notify each prime supplier of the monthly petroleum set-aside percentage, not exceeding three percent, applicable to each product subject to petroleum set-aside. The Commissioner shall review and revise such percentages monthly.

  (3) The amount of petroleum to be 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 distributors.

  (4) Procedures shall be established for making an application for an allocation from the petroleum set-aside reserves and for approval or disapproval of that application by the Commissioner. (Added 1981, No. 162 (Adj. Sess.), § 1, eff. April 15, 1982; amended 1983, No. 170 (Adj. Sess.), § 8, eff. April 19, 1984; 2015, No. 23, § 94.)

• § 4134. Violation; penalties

  (a) Any person who violates any provision of this chapter or any rule or order issued pursuant to this chapter shall be subject to a fine of not more than $10,000.00 for each violation.

  (b) The penalty provided for in subsection (a) of this section shall be recovered in an action or special proceeding brought by the Attorney General.

  (c) Alternatively, or in addition to the action or proceeding to impose the fine provided by subsection (a) of this section, the Attorney General may institute an action or proceeding to enjoin any violation of or to enforce any provision of this chapter or any rule, regulation, or order issued under this chapter. (Added 1981, No. 162 (Adj. Sess.), § 1, eff. April 15, 1982.)