Louisiana Governor Issues a State of Emergency due to Delivery of Propane and Heating Fuel Products

PROCLAMATION NO. 28 BJ 2015

STATE OF EMERGENCY – TRANSPORTATION AND DELIVERY OF PROPANE AND HEATING FUELS PRODUCTS DUE TO EXTREME COLD WEATHER

WHEREAS, the Louisiana Homeland Security and Emergency Assistance and Disaster Act, R.S. 29:721, et seq., confers upon the Governor of the State of Louisiana emergency powers to deal with emergencies and disasters, including those caused by fire, flood, earthquake, or other natural or manmade causes, in order to ensure that preparations of this state will be adequate to deal with such emergencies or disasters and to preserve the lives and property of the people of the State of Louisiana;

WHEREAS, when the Governor determines that a disaster or emergency has occurred, or the threat thereof is imminent, R.S. 29:724(B)(1) empowers the Governor to declare a state of emergency by executive order or proclamation, or both;

WHEREAS, extreme cold temperatures are impacting the citizens and property of this State, and also causing delays in the commercial transportation and delivery of propane and heating fuels products to the citizens of this State;

WHEREAS, on February 22, 2015, Proclamation No. 26 BJ 2015 (State of Emergency – February 22, 2015 Winter Weather) declared a state of emergency to exist in the State of Louisiana as a result of the extreme cold weather conditions threatening the lives and property of the citizens of Louisiana;

WHEREAS,  numerous states, including Arkansas, Connecticut, Delaware, Kentucky, Maine, Massachusetts, New Hampshire, New Jersey, New York, North Carolina, Oklahoma, Pennsylvania, Rhode Island, and Vermont have declared emergencies addressing transportation of propane and heating fuels products to relieve the effects and threats the extreme cold weather conditions are having on their citizens and property;

WHEREAS,  this State is a producer and exporter of propane and heating fuels products which, in these extreme weather conditions, will contribute to the safety and welfare of the inhabitants of the State of Louisiana as well as the surrounding states, by relieving regulatory requirements for operators of commercial motor carriers transporting propane and heating fuel products traveling on the public highways of the state of Louisiana for the purpose of response to the emergency in this state and emergencies in other states;

WHEREAS, the Federal Motor Carrier Safety regulations, 49 CFR 390, et seq., limit the hours operators of commercial motor vehicles may drive; and

WHEREAS, 49 CFR 390.23 allows the governor of a state to suspend these rules and regulations for up to 30 days if the governor determines that emergency conditions exist.

NOW THEREFORE I, BOBBY JINDAL, Governor of the State of Louisiana, by virtue of the authority vested by the Constitution and laws of the State of Louisiana, do hereby order and direct as follows:

SECTION 1:  Pursuant to the Louisiana Homeland Security and Emergency Assistance and Disaster Act, R.S. 29:721, et seq. and 49 CFR 390.23, a state of emergency is declared to exist in the State of Louisiana as a result of emergency conditions created by extreme cold weather conditions and shortages and interruptions in the availability or delivery of propane and heating fuels products that threaten the lives and property of the citizens of the State and other states

SECTION 2:  The Director of the Governor’s Office of Homeland Security and Emergency Preparedness is hereby authorized to undertake any activity authorized by law which he deems necessary and appropriate in response to this declaration.

SECTION 3:  In accordance with the U.S. Department of Transportation, Federal Motor Carrier Safety Administration Emergency Declarations under 49 CFR § 390.23, the enforcement of the regulatory provisions of 49 CFR Parts 390 through 399, is hereby suspended to provide regulatory relief to commercial motor carriers transportation providing direct assistance supporting the delivery of propane and heating fuel products in this State or other States.

SECTION 4:  Nothing contained in this declaration shall be interpreted to suspend any other state or federal laws or regulations other than those federal regulations which are specifically addressed in this declaration.

SECTION 5:  This state of emergency extends from Monday, February 23, 2015 to Tuesday, March 24, 2015, unless terminated sooner.

IN WITNESS WHEREOF, I have set my hand officially and caused to be affixed the Great Seal of Louisiana, at the Capitol, in the City of Baton Rouge, on this 23rd day of February, 2015.

___________________________

GOVERNOR OF LOUISIANA

ATTEST BY

THE GOVERNOR

_______________________

SECRETARY OF STATE