Iowa Disaster Proclamation - 2021.12.16 (Severe Storms)

State of Iowa

Executive Department
IN THE NAME AND BY THE AUTHORITY OF THE STATE OF IOWA

PROCLAMATION OF DISASTER EMERGENCY

WHEREAS, on December 15, 2021, and continuing thereafter, a severe storm system affected the state of Iowa; and

WHEREAS, this storm system caused severe weather, including damaging winds, straight-line winds, heavy rains, thunderstorms, tornadoes, and fires, resulting in death, personal injury, significant damage to public and private property, and power outages resulting from downed power lines and poles; and

WHEREAS, Allamakee, Appanoose, Audubon, Bremer, Buena Vista, Butler, Calhoun, Cass. Cerro Gordo, Cherokee, Chickasaw, Davis, Fayette, Floyd, Greene, Guthrie, Hamilton, Hancock, Hardin, Harrison, Howard, Ida, Kossuth, Lucas, Madison, Marshall, Mills, Mitchell, Monroe, Montgomery, O'Brien, Page, Pottawattamie, Ringgold, Sac, Shelby, Union, Washington, Webster, Winnebago, Winneshiek, Wright, and Worth counties suffered significant damage from this event; and

WHEREAS, reports forwarded to the Iowa Department of Homeland Security and Emergency Management by the emergency management coordinators in the affected counties indicate that state individual assistance pursuant to Iowa Code § 29C.20A and 441 Iowa Admin. Code 58.2 (1) is needed to assist certain individuals and families adversely affected by the disaster who cannot be helped by other means of financial assistance and for whom federal assistance under the Stafford Act is either not available or does not adequately meet the needs of the citizens in the disaster area; and

WHEREAS, these conditions threaten the public peace, health, and safety of citizens of the State of Iowa and have damaged and destroyed public and private property. Because of this, they provide legal justification for the issuance of a Proclamation of a State of Disaster Emergency pursuant to Iowa Code§ 29C.6(1).

NOW, THEREFORE, I, KIMBERLY K. REYNOLDS, Governor of the State of Iowa, by the power and authority vested in me by the Iowa Constitution Art. IV,§§ 1, 8 and Iowa Code § 29C.6 (1), and all other applicable laws, do hereby proclaim a STATE OF DISASTER EMERGENCY for Allamakee, Appanoose, Audubon, Bremer, Buena Vista, Butler, Calhoun, Cass, Cerro Gordo, Cherokee, Chickasaw, Davis, Fayette, Floyd, Greene, Guthrie, Hamilton, Hancock, Hardin, Harrison, Howard, Ida, Lucas, Kossuth, Madison, Marshall, Mills, Mitchell, Monroe, Montgomery, O'Brien, Page, Pottawattamie, Ringgold, Sac, Shelby, Union, Washington, Webster, Winnebago, Winneshiek, Wright, and Worth counties and do hereby ORDER and DIRECT the following:

SECTION ONE. As required by Iowa Code§ 29C.6(1), (10) and 42 U.S.C. § 5170 in cases of Presidential Disaster Declarations, this Proclamation of Disaster Emergency activates the disaster response and recovery aspects of the Iowa Department of Homeland Security and Emergency Management's Iowa Emergency Response Plan and those additional response plans applicable to the counties affected by this disaster and authorizes the use and deployment of all available state resources, supplies, equipment, and materials as are reasonably necessary to assist those citizens located in the disaster counties.

SECTION TWO. I authorize the Iowa Department of Human Services under the terms and conditions as allowed by Iowa law to render individual disaster assistance to eligible residents of Allamakee, Appanoose, Audubon, Bremer, Buena Vista, Butler, Calhoun, Cass, Cerro Gordo, Cherokee, Chickasaw, Davis, Fayette, Floyd, Greene, Guthrie, Hamilton, Hancock, Hardin, Harrison. Howard, Ida, Kossuth, Lucas, Madison, Marshall, Mills, Mitchell, Monroe, Montgomery, O'Brien, Page, Pottawattamie, Ringgold, Sac, Shelby, Union, Washington, Webster, Winnebago, Winneshiek, Wright, and Worth counties. Iowa Code§ 29C.20A and 441 Iowa Admin. Code 58.2 (1).

SECTION THREE. The Department of Human Services, the Department of Homeland Security and Emergency Management, county emergency management coordinators, and any other state agencies and private organizations providing services associated with the Iowa Individual Assistance Grant Program or Iowa Disaster Case Management are authorized to share any information necessary to ensure appropriate resources are provided to eligible residents impacted by this disaster. Such information may be shared throughout the implementation of the programs and shall continue for as long as needed to provide necessary services to residents impacted by this disaster, to include after the formal closure of the program(s).

SECTION FOUR. I temporarily suspend the regulatory provisions of 11 Iowa Admin. Code § 53.11 (3) prohibiting pay to those State of Iowa employees for hours worked in excess of 40 hours per work week while present in the State's Emergency Operations Center or otherwise engaged in assigned disaster response missions or other activities. This suspension shall be retroactive to the initial activation of the State's Emergency Operations Center.

SECTION FIVE. I temporarily suspend the regulatory provisions of lowa Code Chapter 8A, Iowa Code § 3 I 3. I 0, 11 Iowa Admin. Code Chapters 117 and 118, and 641 Iowa Admin. Code Chapter 176, requiring the Iowa Department of Homeland Security and Emergency Management, the Iowa Department of Transportation, the Iowa Department of Public Safety, the Iowa Department of Natural Resources, the Iowa Department of Public Health, and other state agencies involved in the response to this disaster emergency to procure goods and services through a competitive selection process. Suspension of these provisions is limited to the duration of this proclamation and is further limited to procurements which are necessary to respond to this disaster emergency. Iowa Code§ 29C.6 (6).

SECTION SIX. I temporarily suspend the regulatory provisions of Iowa Code § 321.449 pertaining to hours of service for disaster repair crews and drivers delivering goods and services while responding to disaster sites during the duration of this disaster, subject to these conditions:

1. Nothing contained in this Proclamation shall be construed as an exemption from the controlled substances and alcohol use and testing requirements under 49 CFR Part 382, the commercial drivers' license requirements under 49 CFR Part 383, the financial responsibility requirements of 49 CFR Part 387, or any other portion of the Code of Federal Regulations not specifically identified in this proclamation.
2. No motor carrier operating under the terms of this proclamation shall require or allow a fatigued or ill driver to operate a motor vehicle. A driver who informs a carrier that he or she needs immediate rest shall be given at least ten consecutive hours off duty before the driver is required to return to service.
3. Upon the request of a driver, a commercial motor carrier operating under this proclamation must give a driver at least thirty-four (34) consecutive hours off when the driver has been on duty for more than seventy (70) hours during any eight consecutive days.
4. Motor carriers that have an out-of-service order in effect may not take advantage of the relief from regulations that this declaration provides under title 49 CFR § 390.23.
5. Upon the expiration of the effective date of this Proclamation, or when a driver has been relieved of all duty and responsibility to provide direct assistance to the emergency effort, a driver that has had at least thirty-four (34) consecutive hours off duty shall be permitted to start his or her on-duty status hours and 60/70 hour clock at zero.

 SECTION SEVEN. I temporarily suspend the regulatory provisions of Iowa Code §§ 321.463(6) (a) and (b) and 321E.29 and 761 Iowa Admin. Code Chapter 511, to the extent those provisions restrict the movement of loads related to disaster repairs on all highways within Iowa, excluding the interstate system, and require a permit to transfer such loads, when such loads:

1. Do not exceed a maximum of90,000 pounds gross weight,
2. Do not exceed by more than twelve and one-half percent (12.5%) the maximum axle weight limit determined under the non-primary highway maximum gross weight table in Iowa Code§ 321.463(6) (b),
3. Do not exceed the legal maximum axle weight limit of20,000 pounds, and
4. Comply with posted weight limits on roads and bridges.

SECTION EIGHT. Pursuant to Iowa Code§ 29C.6(6), I temporarily suspend the regulatory  provisions of Iowa Code§§ 321.463(3), 321E.2, 321E.8, and 321E.9 that limit issuance of permits for oversize or overweight loads to loads which are indivisible, to allow annual permits issued under Iowa Code§ 321E.8 and single-trip permits issued under§ 321E.9 to be issued for loads which are divisible and related to responding to and recovering from this disaster. I further waive for vehicle and loads, whether divisible or indivisible, the regulatory provisions of Iowa Code §.321E.12 that require the vehicle traveling under a permit to be registered for the gross weight of the vehicle and load and the regulatory provisions of Iowa Code § 321E.14 that require the payment of a fee for a permit issued for a vehicle and load related to responding to and recovering from this disaster. The provisions of this paragraph apply only when the movement of the vehicle and load is related to responding to and recovering from this disaster. The movement of any vehicle or load under this paragraph must comply with all other requirements of Chapter 321E of the Iowa Code and of the permit issued, other than as suspended in this proclamation. The provisions of this paragraph relating to the permitting and movement of divisible loads authorize the movement of such loads on all highways of this state, excluding the interstate system.

SECTION NINE. The Iowa Department of Transportation is directed to monitor the operation of this proclamation to assure the public's safety and facilitate the movement of trucks involved in responding to this disaster.

SECTION TEN. This state of disaster emergency shall be effective immediately, shall continue for thirty (30) days, and shall expire at 11:59 PM on January 15, 2022, unless sooner terminated or extended in writing by me. Iowa Code § 29C.6(1).

IN TESTIMONY WHEREOF, I HAVE HEREUNTO SUBSCRIBED MY NAME AND CAUSED THE GREAT SEAL OF THE STATE OF IOWA TO BE AFFIXED AT DES MOINES, IOWA THIS SIXTEENTH DAY OF DECEMBER IN THE YEAR OF OUR LORD TWO THOUSAND TWENTY-ONE.

KIMBERLY K. REYNOLDS
GOVERNOR

ATTEST:

PAUL D. PATE
SECRETARY OF STATE