STATE OF ALABAMA
BY THE GOVERNOR
WHEREAS, the Alabama Emergency Management Act of 1955, as amended, confers upon the State of Alabama the power to issue a State of Emergency when there exist conditions of disaster or of extreme peril to the safety of persons and property within the State caused by natural or man-made disasters;
WHEREAS, the prediction of the National Weather Service demonstrates the potential for the entire state of Alabama to be severely affected by extreme and prolonged freezing temperatures and icy conditions beginning January 6, 2017;
WHEREAS, storm damages could occur on public and private property;
WHEREAS, the potential for loss oflife, injuries, and property damage exists;
WHEREAS, disruption of essential utility systems could occur and may continue to occur causing extreme peril to the citizens in the State;
WHEREAS, all of the above could adversely affect the health, safety, and economy of the people of the State; and
WHEREAS, it is anticipated that these damages, by reason of their magnitude, will be beyond the control of the services, personnel, equipment, and facilities of any single city and/ or county and expect that the weather emergency will require the combined forces of mutual aid and assistance to alleviate the adverse effects to the health, safety, and economy of the State.
NOW, THEREFORE, I, Robert Bentley, Governor of the State of Alabama, do hereby declare that a State of Emergency exists in the State of Alabama effective at 7:00 a.m. CST on Friday, January 6, 2017, and direct the activation of the Alabama Emergency Operations Plan (EOP) and all appropriate annexes. The Alabama Emergency Management Agency State Emergency Operations Center shall be activated, as well as all impacted Alabama Emergency Management Agency Divisions. In addition, I direct the appropriate state agencies exercise their statutory authority to assist the communities and entities affected. I also direct the Alabama Emergency Management Agency to make the appropriate assessments of damages and seek the necessary state and federal assistance for the affected areas.
FURTHER, I do hereby declare that a State of Emergency exists for the purposes pursuant to 49 CFR 390.23 of facilitating a waiver to the U.S. Department of Transportation-Federal Motor Carrier Safety Administration, including, but not limited to, 49 CFR Section 395 (Hours of Service for Drivers) as it relates to providing emergency or disaster related materials, supplies, goods and services, which shall end after the duration of the motor carrier's or driver's direct assistance in providing emergency relief, or 30 days from this State of Emergency Proclamation, unless sooner terminated, or as otherwise specified in the deral Motor Carrier Safety Administration's regulations, whichever is less.
FURTHER, I do hereby declare that a State of Emergency exists for purposes of suspending Section 9-17-109(d) of the Code of Alabama and Alabama Administrative Code Section 530-X-2.16(c) in the limited capacity to allow any propane gas dealer servicing the State of Alabama to fill any container belonging to another propane gas dealer which cannot or will not supply a customer.
FURTHER, the local educational authorities should make the decision to close any school or office, and any affected school system that is closed as a result and loses student days or employee 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, in accordance with the Code of Alabama (1975), Sections 8-31-1 through 8-31-6, I hereby place all persons on notice that it is unlawful for any person within the State of Alabama to impose unconscionable prices for the sale or rental of any goods, commodity or rental facility during the period of a declared State of Emergency.
FURTHER, this State of Emergency is effective on January 6, 2017, at TOO a.m. CT, and shall continue until amended or terminated by the Governor or by law.
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 6thday of January, 2017.