THE STATE OF GEORGIA
EXECUTIVE ORDER

BY THE GOVERNOR:

STATE OF EMERGENCY FOR TROPICAL STORM HELENE

WHEREAS:  Tropical Storm Helene is forecasted to travel into the eastern Gulf of Mexico and become Hurricane Helene the evening of Wednesday, September 25, 2024: and

WHEREAS:  The storm is forecasted to make landfall in the evening on Thursday, September 26, 2024, along areas of the Florida gulf coast and portions of the Florida panhandle and is projected to travel northeast affecting areas across Georgia, particularly south central Georgia; and

WHEREAS:  The National Hurricane Center forecasts Tropical Storm Helene may produce damaging winds, heavy rainfall, and flooding in the State of Georgia; and

WHEREAS:  This storm system has the potential to produce severe impacts to citizens throughout the State; and

WHEREAS:  Potential flooding, fallen trees, downed power lines, and debris may render Georgia's network of roads impassable in affected counties, isolating residences and persons from access to essential public services; and

WHEREAS:  Preliminary reports from county emergency management agencies and the Georgia Emergency Management and Homeland Security Agency indicate a need for assistance in the impacted areas; and

WHEREAS:  Assistance from the State of Georgia is necessary to provide for the public's safety, protect public and private property, and maintain the social and economic welfare of the State; and

WHEREAS:  The Federal Motor Carrier Safety regulations, 49 C.F.R. § 390, et seq., limit the hours of operators of commercial motor vehicles may drive; and
 
WHEREAS:  49 C.F.R. § 390.23 allows the Governor of a State to suspend these rules and regulations for up to 14 days if the Governor determines that an emergency condition exists; and

WHEREAS:  The Governor is vested with the emergency powers cited herein as the Chief Executive of this State; and

WHEREAS:  Code Section 38-3-28 provides that "[a]ll orders, rules, and regulations promulgated by the Governor" have the force and effect of law; and

WHEREAS:  As Chief Executive, the Governor is tasked with protecting the citizens of this State, including during a state of emergency; and

WHEREAS:  Code Section 38-3-51(c)(1) vests the Governor with the power to enforce all laws, rules, and regulations relating to emergency management and to assume direct operational control of all civil forces and helpers in the state; and

WHEREAS:  Code Section 38-3-51(c)(4) vests the Governor with the power to perform and exercise such other functions, powers, and duties as may be deemed necessary to promote and secure the safety and protection of the civilian population; and

WHEREAS:  In consultation with state emergency preparedness officials, I have determined that the following actions are necessary and appropriate to provide for the health, safety, and welfare of Georgia's residents and visitors.

NOW, THEREFORE, PURSUANT TO CODE SECTIONS 38-3-28 AND 38-3-51, AND THE AUTHORITY VESTED IN ME AS GOVERNOR OF THE STATE OF GEORGIA, IT IS HEREBY

ORDERED:  That a State of Emergency exists in the State of Georgia due to the potential negative impact of Tropical Storm Helene.

IT IS FURTHER

ORDERED:  That all resources of the State of Georgia be made available to assist in preparation, response, and recovery activities throughout the affected areas, and the Georgia Emergency Management and Homeland Security Agency shall activate the Georgia Emergency Operations Plan.

IT IS FURTHER
 
ORDERED: That state agencies shall coordinate all public and emergency information, activities, releases, and response efforts related to this emergency with the Georgia Emergency Management and Homeland Security Agency.

IT IS FURTHER

ORDERED: That the Georgia Department of Transportation and Georgia Department of Public Safety shall take all necessary action to ensure the expeditious movement of utility vehicles, equipment, and personnel  through  the  State  to  eliminate  power  outages.

IT IS FURTHER

ORDERED: That state agencies shall provide sufficient personnel required for the staffing of the Georgia State Operations Center or other command, control, and coordination points as may be designated by the Director of the Georgia Emergency Management and Homeland Security Agency and shall provide such personnel, vehicles, equipment, and other resources needed to protect life and property and to ensure continuation, restoration, and recovery of essential public services.

IT IS FURTHER

ORDERED: That the Georgia Department of Defense provide up to five hundred (500) Georgia National Guard troops to be used in preparation, response, and recovery efforts for this State of Emergency for Tropical Storm Helene.

IT IS FURTHER

ORDERED: That said Georgia National Guard troops be called up to State Active Duty as necessary by the Adjutant General.

IT IS FURTHER

ORDERED: That the federal rules and regulations limiting hours that operators of commercial vehicles may drive are suspended to ensure the uninterrupted supply of goods and services necessary to respond to this State of Emergency for Tropical Storm Helene, including petroleum products. This declared emergency justifies a suspension of Part 395 (driver's hours of service) of Title 49 of the Code of Federal Regulations. The suspension will remain in effect for fourteen (14) days or until the emergency condition ceases to exist, whichever is less. Nothing herein will be construed as an exemption from the Commercial Driver's License requirements in 49 C.F.R. § 383 and the financial requirements in 49 C.F.R. § 387.

IT IS FURTHER

ORDERED: That no motor carrier operating under the terms of this State of Emergency for Tropical Storm Helene will require or allow an ill or fatigued driver to operate a motor vehicle. A driver who notifies a motor vehicle carrier that he or she needs immediate rest will be given at least ten (10) consecutive hours off-duty before being required to return to service.

IT IS FURTHER

ORDERED: That weight, height, and length for any vehicle traveling through the State of Georgia, for the purposes of providing relief related to this State of Emergency, which traverses roadways maintained by the State of Georgia, excluding interstates, shall not exceed the following:
    A.    A maximum gross vehicle weight for vehicles equipped with five (5) weight-bearing axles, with an outer bridge span of not less than fifty-one (51) feet, shall not exceed a gross vehicle weight of ninety-five (95) thousand pounds, a maximum width of ten (10) feet, and an overall length of one hundred (100) feet. Continuous travel is authorized with the proper escorts.
    B.    If the width of said vehicle exceeds eight (8) feet six (6) inches and is traveling after daylight, defined as thirty (30) minutes before sunset to thirty (30) minutes after sunrise, the transporter is required to have a vehicle front and a rear escort/ amber light when traveling on a two-lane roadway and a vehicle rear escort when traveling on a four-lane highway. Transporters are responsible for ensuring that they have proper oversize signs, markings, flags, and escorts as defined in the Georgia Department of Transportation Rules and Regulations.

IT IS FURTHER

ORDERED: That commercial vehicles operating outside the normal weight, height, and length restrictions under the authority of this State of Emergency shall be issued permits by the Georgia Department of Public Safety. Said vehicles shall be subject to any special conditions the Georgia Department of Public Safety may list on applicable permits. Nothing in this Executive Order shall be construed to allow any vehicle to exceed weight limits posted for bridges and like structures, nor shall anything in this Executive Order be construed to relieve compliance with restrictions other than those specified in this Order or from any statute, rule, order, or other legal requirement not specifically waived herein.
Oversize permits may be issued by the Georgia Department of Public Safety, Motor Carrier Compliance Division, during normal business hours, Monday through Friday by calling 404-635-8176 or through the Georgia Permitting and Routing Optimization System online portal at this website: www.gaprospermits.com.

IT IS FURTHER

ORDERED: Pursuant to Code Section 10-1-393.4, price gouging related to goods and services necessary for preparation, response, and recovery activities for this State of Emergency for Tropical Storm Helene, including motor fuel, diesel fuel, and other petroleum products, would be detrimental to the social and economic welfare of the citizens of this State and is therefore prohibited.

IT IS FURTHER

ORDERED: That if one or more of the provisions contained in this Order shall be held to be invalid, in violation of the Georgia Constitution, in violation of Georgia law, or unenforceable in any respect, such invalidity, violation, or unenforceability shall not affect any other provisions of this Order, but, in such case, this Order shall be construed as if such invalid, illegal, or unenforceable provision had never been contained within the Order.

IT IS FURTHER

ORDERED: That no provision of this Order shall limit, infringe, suspend, or supplant any judicial order, judgment, or decree issued pursuant to the laws or constitution of this State or the laws or constitution of the United States, nor shall any person use any provision this Order as a defense to an action in violation of a judicial order, judgment, or decree by any court created pursuant to the laws or constitution of this State or the laws or constitution of the United States.
 
IT IS FURTHER
 
ORDERED: That this Order does not suspend operation of any state or federal law or regulation, except as specifically described herein.

IT IS FURTHER

ORDERED: The Office of the Governor may continue to issue guidance on the scope of this Order as needed through communication media, including social media, without need for further Executive Orders.

IT IS FURTHER

ORDERED: All provisions of the Order shall become effective upon signature and shall be valid for a period of eight (8) days, expiring Wednesday, October 2, 2024, at 11:59 P.M., unless this State of Emergency is renewed by the Governor.

IT IS FURTHER

ORDERED:  That this Order shall be effective upon signature.

This 24th day of September 2024.

                                                Brian Kemp
                                                GOVERNOR