North Carolina EO230 - Extending Transportation Provisions
State of North Carolina
August 31, 2021
EXECUT IVE ORDER NO. 230
EXTENDING TRANSPORTATlON-RELATED PROVISIONS
IN PREVIOUS EXECUTIVE ORDERS
WHEREAS, on March 10 , 2020, the undersigned issued Exec. Order No. 116, 34 N.C. Reg. 1744-1749 (April 1, 2020), which declared a State of Emergency to coordinate the State's response and protective actions to address the Coronavirus Disease 2019 (COVID-19) public health emergency and to provide for the health, safety, and welfare of residents and visitors located in North Carolina ("Declaration of a State of Emergency" ); and
WHEREAS, on March 11, 2020, the World Health Organization declared COVID-19 a global pandemic; and
WHEREAS, on March 13, 2020, the President of the United States declared the ongoing COVID-19 outbreak a pandemic of sufficient severity and magnitude to warrant an emergency declaration for all states, tribes. territories, and the District of Columbia pursuant to Section 50 I (b) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act. 42 U.S.C. § 5121-5207 (the "Stafford Act"); and
WHEREAS, on March 13, 2020 , the President of the United States pursuant to Sections 201 and 301 of the National Emergencies Act, 50 U.S.C. § 1601, el seq. and consistent with Section 1135 of the Social Security Act, as amended (42 U.S.C. § 1320b-5), declared that the COVID-19 pandemic in the United States constitutes a national emergency, retroactive to March 1, 2020; and
WHEREAS, on March 25, 2020, the President of the United States, pursuant to Section 401 of the Stafford Act, approved a Major Disaster Declaration, FEMA-4487-DR, for the State of North Carolina; and
WHEREAS, in responding to the COVID-1 9 pandemic, and for the purposes of protecting the health, safety and welfare of the people of North Carolina. the undersigned has issued Executive Order Nos. 116-122, 124-125, 129-131, 133-136, 138-144, 146-153, 155-157, 161-165,
169-173, 176-177, 180-181, 183-185, 188-193, 195, 197-198, 200, 204-207, 209-212, 215-217, 219-221, 224-225, and 228; and
WHEREAS, more than one million two hundred thirteen thousand six hundred (1,213,600) people in North Carolina have had COVID-19, and more than fourteen thousand four hundred (14,400) people in North Carolina have died from the disease; and
WHEREAS, COVID-19 continues to infect thousands of North Carolinians every day, and a State of Emergency remains in place for the purpose of maintaining the state's ability to meet challenges presented by COVID-19; and
WHEREAS, the undersigned has taken a science and data-driven approach to implementing public health measures to curb the spread of the virus and to advance the state's economy in a safe and effective way, which is in the best interests of all North Carolinians; and
WHEREAS, as COVID-19 has continued to be spread from person to person across the United States and world, variants (genetically distinct strains) of COVID-19 have developed; and
WHEREAS, the Delta variant of COVID-19 is more transmissible than the original COVID-19 virus; and
WHEREAS, because the Delta variant is more contagious than the original virus or other current COVID-19 variants, it quickly became the most common kind of COVID-19 in North Carolina during summer 2021, and now, the Delta variant makes up more than ninety-five percent (95%) of all new COVID-19 cases in North Carolina; and
WHEREAS, the Delta variant's growing dominance, coupled with its increased transmissibility, has led to a significant increase in the number of COVID-19 cases and hospitalizations; and
WHEREAS, the uninterrupted supply of fuel oil, diesel oil, gasoline, kerosene, propane, and liquid petroleum gas to residential and commercial establishments is an essential need of the public and any interruption in the delivery of those fuels threatens the public welfare; and
WHEREAS, Executive Order No. 116, issued on March 10, 2020, included certain suspensions of Federal Motor Carrier Safety Regulations; and
WHEREAS, on August 31, 2021, the Federal Motor Carrier Safety Administration ("FMCSA") issued Extension and Amendment of Emergency Declaration No. 2020-002 to provide regulatory relief for commercial motor vehicle operations that provide direct assistance in support of emergency relief efforts related to COVID-19; and
WHEREAS, the undersigned has determined that provisions in Executive Order Nos. 116 and 119 need to remain in place to allow for the continued expedited movement of vehicles in the state; and
WHEREAS, Executive Order No. 119, issued on March 20, 2020, facilitated critical motor vehicle operations; and
WHEREAS, Executive Order No. 217, issued on June 1, 2021, extended the transportation related provisions in Executive Order Nos.116, 119, 133, 140, 146, 150, 157, 164, 192, and 197; and
WHEREAS, Executive Order No. 116 invoked the Emergency Management Act, and authorizes the undersigned to exercise the powers and duties set forth therein to direct and aid in the response to, recovery from, and mitigation against emergencies; and
WHEREAS, pursuant to N.C. Gen. Stat.§ 166A-19.10(b)(2), the undersigned may make, amend, or rescind necessary orders, rules, and regulations within the limits of the authority conferred upon the Governor in the Emergency Management Act; and
WHEREAS, N.C. Gen. Stat. § 166A-19.10(b)(3) authorizes and empowers the undersigned to delegate any Gubernatorial vested authority under the Emergency Management Act and to provide for the subdelegation of any authority; and
WHEREAS, N.C. Gen. Stat. § 166A-19.70(b), allows for the undersigned to declare by executive order that the health, safety, or economic well-being of persons or property in this state require that the maximum hours of service prescribed by the Department of Public Safety ("DPS") pursuant to N.C. Gen Stat. § 20-381 and similar rules be waived for persons transporting essentials or assisting in the restoration of utility services.
NOW, THEREFORE, by the authority vested in me as Governor by the Constitution and the laws of the State of North Carolina, IT IS ORDERED:
Section 1. Extensions
For the reasons and pursuant to the authority set forth above and set forth in the relevant Executive Orders referenced below, the undersigned orders as follows:
A. Executive Order Nos. 116 and 119.
- Sections 5 and 5.S of Executive Order No. 119 (which were extended by Executive Order Nos. 133, 140, 146, 150, 157, 164, 197, 217 and reissued in No.192) are hereby extended through the end of the calendar day on November 30, 2021.
- Section 5 of Executive Order No. 116 (which was amended by Section 6 of Executive Order No. 119, Section 1 of Executive Order No. 146, Section 1 of Executive Order No. 150, Section 1 of Executive Order No. 157, Section 1 of Executive Order No. 192 and extended by Executive Order Nos. 133, 140, 146, 150, 157, 164,197,217 and reissued in No. 192) is extended pursuant to N.C. Gen. Stat.§ 166A-19.70(b) through the end of the calendar day on November 30, 2021.
Section 5 of Executive Order No. 116 is amended as follows:
In order to ensure adequacy and location of supplies and resources to respond to COVID- 19, DPS, in conjunction with the North Carolina Department of Transportation ("DOT"), shall waive the maximum hours of service for drivers prescribed by DPS pursuant to N.C. Gen. Stat. § 20-381 subject to the restrictions and limitations in this Executive Order, if the driver is transporting medical supplies and equipment related to the testing, diagnosis and treatment of COVID-19; vaccines, constituent products, and medical supplies and equipment including ancillary supplies/kits for the administration of vaccines, related to the prevention of COVID-19; and supplies and equipment necessary for community safety, sanitation, and prevention of community transmission of COVID-19, such as masks, gloves, hand sanitizer, soaps and disinfectants, essential fuels such as fuel oil, diesel oil, gasoline, kerosene, propane, and liquid petroleum gas to residential and commercial establishments; and food, water, livestock, poultry, feed for livestock and poultry and other supplies and equipment in support of the Plan or other efforts to address the public health threat posed by COVID-19. These maximum hours may be waived through the duration of the State of Emergency or until further notice. Direct assistance does not include routine commercial deliveries, including mixed loads with a nominal quantity of qualifying emergency relief added to obtain the benefits of this Executive Order.
- The first sentence of Section 8 of Executive Order No. 119 is amended to read:
"This Executive Order is effective immediately and shall remain in effect until the end of the calendar day on November 30, 2021, or until rescinded or superseded by another applicable Executive Order."
B. Miscellaneous provisions. For avoidance of doubt:
- Future Executive Orders may extend the term of the restrictions, delegations, and requirements listed above.
- An Executive Order rescinding the Declaration of a State of Emergency will automatically rescind this Executive Order.
Section 2. Distribution
I hereby order that this Executive Order be: (1) distributed to the news media and other organizations calculated to bring its contents to the attention of the general public; (2) promptly filed with the Secretary of the North Carolina Department of Public Safety, the Secretary of State, and the superior court clerks in the counties to which it applies, unless the circumstances of the State of Emergency would prevent or impede such filing; and (3) distributed to others as necessary to ensure proper implementation of this Executive Order.
Section 3. Effective Date
This Executive Order is effective immediately. This Executive Order shall remain in effect through the end of the calendar day on November 30. 2021, unless repealed. replaced, or rescinded by another applicable Executive Order. An Executive Order rescinding the Declaration of a State of Emergency will automatically rescind this Executive Order.
IN WITNESS WHEREOF, I have hereunto signed my name and affixed the Great Seal of the State of North Carolina at the Capitol in the City of Raleigh, this 31st day of August in the year of our Lord two thousand and twenty-one.
Elaine F. Marshall
Secretary of State