Section 10-105. Fuel set-aside

1. The commissioner shall promulgate rules
  and regulations establishing a fuel set-aside system for  liquid  fossil
  fuels.  The  fuel  set-aside system established pursuant to this article
  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. The commissioner shall implement
  only that portion of the state set-aside program  necessary  to  prevent
  and  alleviate  any  energy  hardships  or  shortages.  Such  rules  and
  regulations 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 which
  prime suppliers intend to sell into the state  distribution  system  for
  consumption within the state.
    2.  In addition to meeting the purposes set forth in section 10-101 of
  this article and the requirements of subdivision one  of  this  section,
  the  rules  and regulations establishing the fuel set-aside system shall
  provide that:
    (a) A prime supplier inform the  office  each  month  of  the  monthly
  volume of each product subject to fuel set-aside which is intended to be
  sold  into  the  state  distribution  system  for consumption within the
  state, provided the commissioner determines  that  such  information  is
  needed.
    (b)  The  commissioner shall notify each prime supplier of the monthly
  fuel set-aside percentage, not exceeding three  percent,  applicable  to
  each  product subject to fuel set-aside. The commissioner may review and
  revise such percentages from time to time as he deems appropriate.
    (c) The amount of fuel 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.
    (d) Procedures shall be established for making an application  for  an
  allocation  from  the  fuel  set-aside  reserves  and  for  approval  or
  disapproval of such application by the commissioner.