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Can The Governor Order Gas Rationing?

Arizona Capitol Reports Staff//August 29, 2003//[read_meter]

Can The Governor Order Gas Rationing?

Arizona Capitol Reports Staff//August 29, 2003//[read_meter]

The subject of gasoline rationing surfaced after a section of a Kinder Morgan pipeline ruptured July 30 north of Tucson, causing a nearly two-week shutdown of the pipeline to Phoenix and limited supplies at stations.

Whether Governor Napolitano has the constitutional or statutory authority to order rationing is not clear, her attorney says, but the governor said a form of rationing was on her list of possible actions had the shortage become severe.

“One possible option might be to go to an odd-even sort of system that was done in the 1970s,” Ms. Napolitano said Aug. 22. “You buy based on your license plate number.”

Tim Nelson, Ms. Napolitano’s chief counsel, said that if the situation became “dire,” the governor probably would call for voluntary odd-even day sales of gasoline.

While she has certain police powers, he said, “It is not clearly defined” whether she may order gas rationing.

“I don’t even want to speculate,” Mr. Nelson said.

The Arizona Constitution grants the governor the power to declare an emergency and to use state resources “to restore any services in order to provide for the health and safety of the citizens of the affected area.”

The only specific rationing power given the governor by state law is to control the supply of medicine and vaccines in an emergency.

Paul Bender, ASU professor of constitutional law, said, “It’s my instinct she would have rationing power in an emergency, such as a threat to health or safety, but it would have to be done quickly and would be a short-term thing.”

The Legislature could negate an order for rationing, he said.

Ms. Napolitano called on state employees to car pool, ride the bus and telecommute, with a goal of having 60 per cent take such actions to reduce gas consumption.

This is not the first time an Arizona governor has dealt with a gas crunch.

During The Last Gas Crunch In 1973

During the oil embargo and gas shortage in 1973, Arizona Governor Jack Williams issued an executive order mandating a 50 mph speed limit for all state vehicles, except in emergencies.

The Nov. 8, 1973, order directed “that heads of state agencies and departments impress on their employees the necessity of obeying the 50-mile-per-hour limit to conserve gasoline and also set an example for all citizens.”

The order was amended in January 1974 to change the speed restriction to 55 mph. There was no available record of when the restriction was lifted.

“I am listing energy as our number one priority in this session,” Mr. Williams, a Republican, told the Second Regular Session of the 31st Legislature on Jan. 14, 1974. “While I am most understanding of the necessity to conserve and to practice restraint and to set up methods of allocation . . . I say we must encourage as rapidly as possible the development of new sources of energy.” —

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