§ 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.)