§ 113B-22. Procedures for adopting emergency proposals; emergency powers.
§ 113B‑22. Procedures for adopting emergency proposals; emergency powers.
(a) Upon the declaration of an energy crisis, the Governor shallsubmit to the Legislative Committee for its prompt consideration such emergencyorders, rules and regulations as deemed necessary to alleviate the effects ofthe energy crisis.
(b) The Governor shall immediately consult with the LegislativeCommittee about the emergency proposals. The emergency orders, rules, orregulations shall become effective at a time specified by the Governor, but noearlier than 48 hours after submission to the Legislative Committee, providedthat they may take effect at an earlier time if approved by a majority vote ofthe Council of State after the Council makes a finding that the crisis is of suchimmediacy as to make delay for legislative review cause for probable harm tothe public.
(c) No order, rule, or regulation promulgated under theprovisions of this section shall remain in effect for more than 30 days unlessthe Governor consults with the Legislative Committee. Such consultation isseparate and apart from the consultation required by subsection (a) of thissection, and may not take place until the order, rule, or regulation has beenin effect for at least seven days.
(d) The Governor's orders, rules and regulations, promulgated,subject to consultation with the Legislative Committee, pursuant to thissection, may also include, by way of further enumerated example rather thanlimitation, provisions for the establishment and implementation of programs,controls, standards, priorities, and quotas for the allocation, conservationand consumption of energy resources; the suspension and modification ofexisting standards and requirements affecting or affected by the use of energyresources, including those relating to air quality control and the hours anddays during which public buildings may or may not be required to remain open;and the establishment and implementation of regional programs and agreementsfor the purposes of coordinating the energy resource programs and actions ofthe State with those of the federal government and of other states andlocalities. (1975, c. 877, s.4; 1983 (Reg. Sess., 1984), c. 1034, ss. 136, 137.)