Cuomo Signs Executive Order to Suspend Restrictions for Gas Distributors

“This Executive Order Will Allow Distributors and Transporters to Bring Gas into Our State to Fill Shortages..."

Governor Andrew Cuomo last night signed an Executive Order to allow distributors and transporters to bring gasoline, diesel, and kerosene into the State of New York without having to meet the usual registration requirements, which can help alleviate the current gas shortages that are a result of Hurricane Sandy.

Currently, transporters and distributors must be registered with the State Department of Taxation and Finance. This Executive Order would temporarily suspend those registration requirements.

“This Executive Order will allow distributors and transporters to bring gas into our state to fill shortages now so that New Yorkers can get to their jobs, families, and homes as soon as possible,” Governor Cuomo said. 

Below is the text of the Executive Order:

E X E C U T I V E O R D E R

Temporary Suspension of Provisions Relating to Motor Fuel Distribution and Transportation for the State Disaster Emergency

WHEREAS, on October 26, 2012 I issued Executive Order Number 47 declaring a disaster emergency in all 62 counties in the State of New York; 

NOW, THEREFORE, I, ANDREW M. CUOMO, Governor of the State of New York, by virtue of the authority vested in me by Section 29-a of Article 2-B of the Executive Law to temporarily suspend specific provisions of any statute, local law, ordinance, orders, rules or regulations, or parts thereof, of any agency during a State disaster emergency, if compliance with such provisions would prevent, hinder or delay action necessary to cope with the disaster, hereby temporarily suspend, for the period from the date of this Executive Order until further notice, the following laws:

Sections 282, 283 and 302 of the Tax Law, to the extent those sections require a person who imports motor fuel or diesel motor fuel to register as a distributor of motor fuel or as a distributor of diesel motor fuel; 

Section 283-a of the Tax Law, to the extent it requires a person to register as an importing or exporting transporter; 

Sections 285 and 285-a of the Tax Law, to the extent the requirements of these sections apply to motor fuel that is obtained from a person who is not required to be registered as a distributor of motor fuel by reason of this Executive Order; 

Section 285-b of the Tax Law, to the extent the requirements of this section apply to diesel motor fuel that is obtained from a person who is not required to be registered as a distributor of diesel motor fuel by reason of this Executive Order; 

Sections 286, 286-a, and 286-b of the Tax Law, to the extent the requirements of these sections apply to motor fuel or diesel motor fuel that is transported into or out of the State by a person who by reason of this Executive Order is not required to be registered as a distributor of motor fuel, a distributor of diesel motor fuel, or an importing or exporting transporter; and

Section 1134 of the Tax Law, to the extent that a person who by reason of this Executive Order is not required to register as a distributor of motor fuel or a distributor of diesel motor fuel is required to obtain a certificate of authority.

G I V E N under my hand and the Privy Seal of the State in the City of Albany this first day of November in the year two thousand twelve.

BY THE GOVERNOR
Secretary to the Governor