N.Y. Comp. Codes R. & Regs. tit. 9 § 3.91
WHEREAS, certain emergency powers established under the State Energy Law may be exercised upon a finding by the Governor that there exists or impends an energy or fuel supply shortage which endangers the public health or safety; and
WHEREAS, by Executive Order 12140 of May 29, 1979, the President of the United States delegated to the Governor of each State the authority to establish a system of end-user allocation for gasoline when the Governor determines that his State, or any locality therein, is experiencing a shortage of gasoline available for retail distribution such that the public health, safety or welfare is endangered; and
WHEREAS, it is apparent that there exists a national, State and local emergency with respect to the availability of gasoline to end-users; and
WHEREAS, I am informed that increasingly restrictive gasoline allocations have created conditions of scarcity for gasoline in many areas of the State, particularly the New York City metropolitan region encompassing the counties of New York, Bronx, Kings, Queens, Richmond, Nassau, Suffolk, Westchester and Rockland, and that these conditions of scarcity have resulted in threats to public health and safety, as well as to the economic well-being of the State; and
WHEREAS, the current shortage of gasoline may be further aggravated in the foreseeable future, and that unless procedures are established to ensure more orderly and equitable distribution of gasoline, the public health and safety could be threatened; and
WHEREAS, I am advised that it is imperative that steps be taken to ensure that public health and safety be protected, that economic activity be maintained and that undue hardships be avoided:
NOW, THEREFORE, I, Hugh L. Carey, Governor of the State of New York, do hereby find and declare an energy and fuel supply emergency with respect to gasoline, and do invoke the emergency powers granted by the Constitution and Laws of the State of New York and the power delegated to me by the President, and direct the Commissioner of the Energy Office to exercise the functions, powers and duties granted pursuant to State law and the President's Executive Order in order to preserve the public health, safety and welfare.
Such declaration of emergency shall take effect at 12:01 a.m. on Wednesday, June 20, 1979, and shall remain in effect for a period of six months from said date unless sooner terminated by order of the Governor or continued in effect pursuant to law.
Signed: Hugh L. Carey
Dated: June 19, 1979
N.Y. Comp. Codes R. & Regs. Tit. 9 § 3.91