THE STATE OF GEORGIA
EXECUTIVE ORDER

BY THE GOVERNOR:

STATE OF EMERGENCY FOR WINTER STORM

WHEREAS:  The National Weather Service issued a Winter Storm Watch for Northeast Georgia, beginning on January 15, 2022; and

WHEREAS:  The Winter Storm Watch forecasts that areas of Georgia north of Interstate 20 will likely be affected by potentially significant accumulations of ice, snow, freezing rain, and sleet; and

WHEREAS:  This winter storm may result in accumulated snowfall totals ranging from two to five (2-5) inches, with the potential for much larger amounts in the higher elevations of Northeast Georgia; and

WHEREAS:  The Winter Storm Watch predicts one-quarter of an inch of ice in affected areas which may continue to spread and impact more of the State as the severe weather travels down to the Metro Atlanta area; and

WHEREAS:  The wind gusts of 25 to 35 miles per hour projected to accompany the storm will exacerbate any potential damage to public and private property, including power outages and downed trees; and

WHEREAS:  Due to the possibility of black ice accumulating on roadways, the winter storm poses a danger to the people of Georgia; and

WHEREAS:  Assistance from the State of Georgia is necessary to provide for the public's health, safety, and welfare, protect public and private property, and mitigate consequences of this winter storm; and

WHEREAS:  The Federal Motor Carrier Safety regulation, 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 30 days if the Governor determines that an emergency condition exists; and

WHEREAS:  On June 30, 2021, I declared a State of Emergency for Continued COVID-19 Economic Recovery by issuing Executive Order 06.30.21.01; and

WHEREAS:  On July 22, 2021, I renewed the State of Emergency for Continued COVID-19 Economic Recovery until August 29, 2021, by issuing Executive Order 07.22.21.01; and

WHEREAS:  On August 19, 2021, I renewed the State of Emergency for Continued COVID-19 Economic Recovery until September 28, 2021, by issuing Executive Order 08.19.21.01; and

WHEREAS:  On September 20, 2021, I renewed the State of Emergency for Continued COVID-19 Economic Recovery until October 28, 2021, by issuing Executive Order 09.20.21.01; and

WHEREAS:  On October 21, 2021, I renewed the State of Emergency for Continued COVID-19 Economic Recovery until November 27, 2021, by issuing Executive Order 10.21.21.01; and

WHEREAS:  On November 19, 2021, I renewed the State of Emergency for Continued COVID-19 Economic Recovery until December 27, 2021, by issuing Executive Order 11.19.21.01; and

WHEREAS:  On December 17, 2021, I renewed the State of Emergency for Continued COVID-19 Economic Recovery until January 26, 2022, by issuing Executive Order 12.17.21.01; and

WHEREAS:  This Order shall create a coexisting state of emergency in the State of Georgia with the State of Emergency for Continued COVID-19 Economic Recovery taking place in the State of Georgia described in the immediately preceding paragraphs; and

WHEREAS:  The responses by the State to this State of Emergency for Winter Storm and the State of Emergency for Continued COVID-19 Economic Recovery taking place in the State of Georgia shall proceed simultaneously, without one impeding the other; and

WHEREAS:  Code Section 38-3-51 vests the Governor with the authority to bring emergency situations under control by issuing orders, rules, and regulations to protect the safety and welfare of the public.
 
NOW, THEREFORE, PURSUANT TO CODE  SECTION  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 following Georgia counties:

Baldwin, Banks, Barrow, Bartow, Bibb, Bleckley, Burke, Butts, Carroll, Catoosa, Chattooga, Cherokee, Clarke, Clayton, Cobb, Columbia, Coweta, Crawford, Dade, Dawson, DeKalb, Douglas, Elbert, Emanuel, Fannin, Fayette, Floyd, Forsyth, Franklin, Fulton, Gilmer, Glascock, Gordon, Greene, Gwinnett, Habersham, Hall, Hancock, Haralson, Harris, Hart, Heard, Henry, Houston, Jackson, Jasper, Jefferson, Jenkins, Johnson, Jones,  Lamar,  Laurens, Lincoln, Lumpkin, Madison, McDuffie, Meriwether, Monroe, Morgan, Murray, Newton, Oconee, Oglethorpe, Paulding, Peach, Pickens, Pike, Polk, Putnam, Rabun, Richmond, Rockdale, Screven, Spalding, Stephens, Talbot, Taliaferro, Towns, Treutlen, Troup, Twiggs, Union, Upson, Walker, Walton, Warren, Washington, White, Whitfield, Wilkes, and Wilkinson.

IT IS FURTHER

ORDERED:  That the State of Emergency declared by this Order shall coexist with the State of Emergency for Continued COVID-19 Economic Recovery declared by Executive Order 06.30.21.01 and renewed by Executive Orders 07.22.21.01, 08.19.21.01, 09.20.21.01, 10.21.21.01,11.19.21.01    , and 12.17.21.01. The existence or termination of one shall not impinge the other.

IT IS FURTHER

ORDERED:  That any orders derivative of or appurtenant to this Order addressing this State of Emergency for Winter Storm shall not infringe, overturn, or in any way amend any orders that have been issued for the purpose of responding to the State of Emergency for Continued COVID-19 Economic Recovery declared by Executive Order 06.30.21.01 and renewed by Executive Orders 07.22.21.01, 08.19.21.01, 09.20.21.01, 10.21.21.01, 11.19.21.01, and 12.17.21.01.

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 the Georgia Department of Defense provide up to one thousand (1,000) Georgia National Guard troops to be used in response to this State of Emergency.

IT IS FURTHER

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

IT IS FURTHER

ORDERED:  That all state agencies shall coordinate any and all public and emergency information, activities, and releases related to this emergency and the response efforts of state agencies 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 all 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 federal rules and regulations limiting hours that operators of commercial vehicles may drive are suspended to ensure the uninterrupted supply of petroleum products; supplies; goods and services. 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 thirty (30) 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 Winter Storm 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 such vehicle traveling through the state of Georgia for the purposes of providing relief related to this State of Emergency for Winter Storm, which traverses roadways maintained by the state of Georgia shall not exceed the following:

1. 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.
2. 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 for Winter Storm 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 404-624-7700 or through the Georgia Permitting and Routing Optimization System online portal at https://gapros.dot.ga.gov/.

IT IS FURTHER

ORDERED:  Pursuant to Code Section 10-1-393,4, price gouging related to goods and services, including motor fuel and diesel fuel, 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 this Executive Order does not suspend operation of any state or federal law or regulation, except as specifically described herein, nor do the waiver of rules and regulations in this Order affect or amend similar rule and regulation waivers for motor carriers or commercial vehicles.

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 as of Saturday, January 15, 2022, at 11:59 P.M. and shall be valid for a period of seven (7) days, expiring Saturday, January 22, 2022, at11:59 P.M. unless this State of Emergency is renewed by the Governor.

This 14th day of January 2022 at 5:25 P.M.

Brian Kemp
GOVERNOR