Montana Code 90-4-301. Legislative findings and intent
90-4-301. Legislative findings and intent. (1) The legislature finds that energy in various forms is increasingly subject to possible shortages and supply disruptions, to the point that there may be foreseen an emergency situation, and that without the ability to gather information, regularly monitor energy supplies and demand, formulate plans, and institute appropriate emergency measures to reduce or allocate the usage of energy through a program of mandatory usage curtailment or allocation, a severe impact on the health, safety, and general welfare of our state‘s citizens may occur. The prevention or mitigation of the effects of such energy shortages or disruptions is necessary for preservation of the public health and welfare of the citizens of this state.
Terms Used In Montana Code 90-4-301
- Energy: means petroleum or other liquid fuels, natural or synthetic fuel gas, or electricity. See Montana Code 90-4-302
- Energy emergency: means :
(a)an existing or imminent domestic, regional, or national shortage of energy that will result in curtailment of essential services or production of essential goods or the disruption of significant sectors of the economy unless action is taken to conserve or limit the use of the energy form involved and the allocation of available energy supplies among users or to increase the available supply of energy; or
(b)a price of energy that will:
(i)result in curtailment of essential services or production of essential goods or the disruption of significant sectors of the economy; or
(ii)impose a threat to the health or safety of those segments of the population who are most in need, as defined by their economic, social, or medical circumstances. See Montana Code 90-4-302
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
- Usage: means a reasonable and lawful public custom concerning transactions of the same nature as those which are to be affected thereby, existing at the place where the obligation is to be performed, and either known to the parties or so well established, general, and uniform that the parties must be presumed to have acted with reference thereto. See Montana Code 1-1-206
(2)It is the intent of this part to:
(a)establish necessary planning, information gathering, and energy emergency powers for the governor and define the conditions under which such powers are to be exercised;
(b)provide for the regular monitoring of energy supplies and demand; however, nothing in this part may be construed to authorize the establishment of an independent state energy forecasting program; and
(c)provide penalties for violations of this part.