63K-2-205 - Curtailment, adjustment and allocation of energy use by executive orders -- Limitations and considerations in issuance and application.
63K-2-205. Curtailment, adjustment and allocation of energy use by executiveorders -- Limitations and considerations in issuance and application.
(1) Upon issuance of a proclamation pursuant to Section 63K-2-204, the governor inaddition may by executive order:
(a) require reduction in energy resource usage and the application of conservation,prevention of waste, and the salvaging of energy resources and the materials, services, andfacilities derived therefrom or dependent thereon, by state agencies and political subdivisions inthis state;
(b) direct the establishment by state agencies and political subdivisions in this state ofprograms necessary to implement and comply with federal energy conservation programs wherethese programs have not theretofore been so established, including, but not limited to, allocationor rationing of energy resources and the distribution of the state's discretionary allotments;
(c) require involuntary curtailments, adjustments, or allocations in the supply andconsumption of energy resources applicable to all suppliers and consumers including, but notlimited to, specification of the times and manner in which these resources are supplied orconsumed; or
(d) prescribe and direct activities promoting the conservation, prevention of waste, andsalvage of energy resources and the materials, services, and facilities derived therefrom ordependent thereon, including, but not limited to, the modification of transportation routes andschedules, or the suspension of weight limits or other restrictions from the transportation ofenergy resources, to the extent permissible under federal law and regulations.
(2) Any restrictions, curtailments, adjustments, or allocations pursuant to Subsection (1)shall:
(a) be ordered and continue only so long as demonstrably necessary for the maintenanceof essential services or transportation, or the continued operation of the economy but no longerthan the duration of the proclamation;
(b) be applied as uniformly as practicable within each class of suppliers and consumersand without discrimination within a class; and
(c) give due consideration to the needs of commercial, retail, professional, and serviceestablishments whose normal function is to supply goods or services or both of an essentialnature, including, but not limited to, food, lodging, fuel, or medical care facilities during times ofthe day other than conventional daytime working hours.
Renumbered and Amended by Chapter 382, 2008 General Session