Alabama 2025-01-20-SOE-Winter-Weather
STATE OF ALABAMA
PROCLAMATION
BY THE GOVERNOR
WHEREAS the Alabama Emergency Management Act of 1955, as amended, confers upon the Governor the power to proclaim a state of emergency when a natural disaster of major proportions has occurred or is reasonably anticipated in the immediate future, see Ala. Code§ 31-9-8;
WHEREAS the National Weather Service is forecasting that certain counties in coastal and central Alabama may be severely affected by ice, snow, sleet, and freezing rain, as well as extreme and prolonged freezing temperatures, beginning in the evening hours of Monday, January 20, 2025;
WHEREAS this winter weather event could cause significant damage to public and private property and poses a danger to the health and safety of the people of Alabama, including potential disruption of essential utility systems, personal injury, and loss of life;
WHEREAS this winter weather event poses extraordinary conditions of disaster and of extreme peril to the safety of persons and property within the State, and these conditions, by reason of their magnitude, have been determined to be beyond the control of the services, personnel, equipment, and facilities of any single county, city and county, or city, and will require combined forces to combat, see Ala. Code§ 31-9-3;
NOW THEREFORE, I, Kay Ivey, Governor of the State of Alabama, pursuant to the relevant provisions of the Alabama Emergency Management Act of 1955, as amended, Ala. Code§§ 31-9-1 et seq., do hereby proclaim that a state of emergency exists for the following counties effective as of 5:00 p.m. CST on January 20, 2025: Autauga, Baldwin, Barbour, Bibb, Bullock, Butler, Chambers, Chilton, Choctaw, Clarke, Coffee, Conecuh, Coosa, Covington, Crenshaw, Dale, Dallas, Elmore, Escambia, Geneva, Greene, Hale, Henry, Houston, Lee, Lowndes, Macon, Marengo, Mobile, Monroe, Montgomery, Perry, Pike, Randolph, Russell, Sumter, Tallapoosa, Washington, and Wilcox. I hereby direct the activation of the Alabama Emergency Operations Plan and all appropriate annexes for purposes of the State's response to this winter weather event.
FURTHER, I hereby proclaim and direct all of the following:
I. Activation of the Alabama National Guard and other state agencies
I hereby direct the Alabama National Guard to prepare to be activated on order of the Governor to respond to this winter weather event, and I direct the appropriate state agencies to exercise their statutory and regulatory authority to assist the affected communities and entities in responding to and recovering from this event. I also direct the Alabama Emergency Management Agency to make the appropriate assessment of damages from this event and seek the necessary state and federal assistance for the affected areas.
II. Price gouging
In accordance with the Alabama Unconscionable Pricing Act, all persons are hereby placed on notice that, in the counties expressly identified above, it is unlawful for any person to impose unconscionable prices (i.e., to engage in "price gouging") for the sale or rental of any commodity or rental facility during the period of a declared state of emergency. See Ala. Code§§ 8-31-1 et seq.
III. Waiver of federal motor-carrier regulations
Pursuant to 49 C.F.R. § 390.23, this declaration of a state of emergency facilitates a waiver of certain regulations of the U.S. Department of Transportation-Federal Motor Carrier Safety Administration (FMSCA), including 49 C.F.R. Part 395 (Hours of Service for Drivers), as it relates to the provision of emergency-or disaster-related materials, supplies, goods, and services for this winter weather event. The waiver for this event shall terminate at the earliest of (1) the conclusion of the motor carrier's or driver's direct assistance in providing emergency relief; (2) 14 days from the initial declaration of emergency; (3) the issuance of a proclamation terminating this state of emergency; or (4) any other time dictated by the FMCSA's regulations. Motor carriers that have an out of service order in effect may not take advantage of the relief from regulation that this declaration provides under 49 C.F.R. § 390.23.
IV. Transportation of emergency equipment, supplies, etc.
I instruct the appropriate agencies to take necessary steps and issue the appropriate documents to expedite the movement of vehicles, or vehicles and loads, that are transporting emergency equipment, services and supplies, storm-related debris, building and construction materials, or temporary emergency buildings and their components, subject to the following rules:
- The documents shall be subject to approval and clearance by the Alabama Department of Transportation and the Alabama Law Enforcement Agency and shall cover specific designated state routes.
- The director of the Alabama Department of Transportation, or his designee, may issue waivers for vehicles or combinations of vehicles and loads, whether those loads are divisible or non-divisible, with weights, dimensions, or combinations thereof exceeding the maximum limits specified by law.
- Transporters are responsible to ensure that they have proper oversize signs, markings, flags, and escorts as defined in the State of Alabama's rules and regulations.
- Insurance requirements shall not be waived.
- Nothing in this proclamation shall be construed to allow any vehicle to exceed the weight limits posted for bridges and like structures, nor shall anything in this proclamation be construed to relieve any vehicle, or the carrier, owner, or driver of any vehicle from compliance with any restrictions other than those specified in this proclamation, or from any statute, rule, order, or other legal requirement not specifically waived herein.
V. State government office closings
State government offices may be closed at the direction of the Governor. State agency heads will receive instructions from the Governor's Office or the State Personnel Director if closures are authorized.
VI. School closings
The local educational authorities may close any school or office based on local conditions, and any affected school system that is closed as a result and loses student days or employment days, or both, may appeal to the State Superintendent of Education for relief in fulfilling the local school calendar with respect to student days or employee days, or both, with no loss of income to employees.
FURTHER, to the extent a provision in this proclamation conflicts with any provision of state law, that law is hereby suspended for the duration of this state of emergency pursuant to the terms of the Emergency Management Act, and this proclamation shall control.
FURTHER, I declare that this proclamation, and all subsequent orders, laws, rules, or regulations issued pursuant hereto, shall remain in full force and effect for the duration of this state of emergency, unless rescinded or extended by proclamation.
IN WITNESS, WHEREOF, I have hereunto set my hand and caused the Great Seal to be affixed by the Secretary of State at the State Capitol in the City of Montgomery on this the 20th day of January 2025.
Kay Ivey
Governor
ATTEST:
Wes Allen
Secretary of State