State of Emergency for Hurricane IAN - Georgia

THE STATE OF GEORGIA
EXECUTIVE ORDER 

BY THE GOVERNOR:

STATE OF EMERGENCY FOR HURRICANE IAN

WHEREAS: The National Hurricane Center forecasts Hurricane Ian may produce heavy rainfall, damaging winds, storm surge, and flooding in the State of Georgia; and

WHEREAS: This storm system has the potential to produce severe impacts to citizens throughout the southeast coastal region of the United States, including the State of Georgia; and

WHEREAS: Potential flooding, downed trees, power lines, and debris may render Georgia's network of roads impassable in affected counties, isolating residences and persons from access to essential public services; and

WHEREAS: Preliminary reports from county emergency management agencies and the Georgia Emergency Management and Homeland Security Agency indicate a need for assistance in the impacted counties; and

WHEREAS: Assistance from the State of Georgia is necessary to provide for the public's safety, protect public and private property, and restore the social and economic welfare of the affected counties; and

WHEREAS: On April 14, 2022, due to the ongoing severe disruptions to Georgia's supply chain, I issued Executive Order 04.14.22.01, declaring a State of Emergency for Supply Chain Disruptions; and

WHEREAS: On May 10, 2022, I renewed the State of Emergency for Supply Chain Disruptions until June 14, 2022, by issuing Executive Order 05.10.22.01; and

WHEREAS: On May 26, 2022, I renewed the State of Emergency for Supply Chain Disruptions until July 14, 2022, by issuing Executive Order 05.26.22.01; and
 
WHEREAS: On July 1, 2022, I renewed the State of Emergency for Supply Chain Disruptions until August 13, 2022, by issuing Executive Order 07.01.22.01; and

WHEREAS: On August 3, 2022, I renewed the State of Emergency for Supply Chain Disruptions until September 12, 2022, by issuing Executive Order 08.03.22.01; and

WHEREAS: On September 1, 2022, I renewed the State of Emergency for Supply Chain Disruptions until October 12, 2022, by issuing Executive Order 09.01.22.01; and

WHEREAS: On September 4, 2022, due to flooding caused by heavy rainfall in parts of Northwest Georgia, I issued Executive Order 09.04.22.01, declaring a State of Emergency for Severe Flooding in Chattooga and Floyd Counties; and

WHEREAS: The State of Emergency for Severe Flooding is currently set to expire on October 4, 2022, at 11:59 P.M.; and

WHEREAS: This Order shall create a coexisting state of emergency in the State of Georgia with the State of Emergency for Supply Chain Disruptions and the State of Emergency for Severe Flooding described in the immediately preceding paragraphs; and

WHEREAS: The responses by the State to this State of Emergency for Hurricane Ian, the State of Emergency for Supply Chain Disruptions, and the State of Emergency for Severe Flooding should all proceed simultaneously, without one impeding the others; and

WHEREAS: The Governor is vested with the emergency powers cited herein as the Chief Executive of this State; and

WHEREAS: Code Section 38-3-28 provides that "[a]ll orders, rules, and regulations promulgated by the Governor" have the force and effect of law; and

WHEREAS: As Chief Executive, the Governor is tasked with protecting the citizens of this State, including during a state of emergency; and

WHEREAS: Code Section 38-3-51(c)(1) vests the Governor with the power to enforce all laws, rules, and regulations relating to emergency management and to assume direct operational control of all civil forces and helpers in the state; and

WHEREAS: Code Section 38-3-51(c)(4) vests the Governor with the power to perform and exercise such other functions, powers, and duties as may be deemed necessary to promote and secure the safety and protection of the civilian population; and

WHEREAS: Code Section 38-3-51(d)(1) vests the Governor with the power to suspend any regulatory statute prescribing the procedures for conduct of state business, or the orders, rules, or regulations of any state agency if strict compliance with any statute, order, rule, or regulation would in any way prevent, hinder, or delay necessary action in coping with the emergency or disaster; and

WHEREAS: In consultation with state emergency preparedness officials, I have determined that the following actions are necessary and appropriate to protect the continued strength of Georgia's economy and provide for the health, safety, and welfare of Georgia's residents and visitors.

Now, THEREFORE, PURSUANT TO CODE SECTIONS 38-3-28 AND 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 State of Georgia due to the potential negative impact of Hurricane Ian on the safety of the public and the social and economic welfare of the State.

IT IS FURTHER

ORDERED: That the State of Emergency declared by this Order shall coexist with the State of Emergency for Supply Chain Disruptions declared by Executive Order 04.14.22.01, and renewed by Executive Orders 05.10.22.01, 05.26.22.01, 07.01.22.01, 08.03.22.01, and 09.01.22.01,
and the State of Emergency for Severe Flooding declared by Executive Order 09.04.22.01. The existence or termination of one shall not impinge the others.

IT IS FURTHER

ORDERED: That any orders derivative of or appurtenant to this Order addressing this State of Emergency for Hurricane Ian 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 Supply Chain Disruptions declared by Executive Order 04.14.22.01, and renewed by Executive Orders 05.10.22.01, 05.26.22.01, 07.01.22.01, 08.03.22.01, and 09.01.22.01, or the State of Emergency for Severe Flooding declared by Executive Order 09.04.22.01.
 
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 state agencies shall coordinate all public and emergency information, activities, releases, and response efforts related to this emergency 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 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 Georgia Department of Defense provide up to five hundred
(500) Georgia National Guard troops to be used in preparation, response, and recovery efforts for this State of Emergency.

IT IS FURTHER

ORDERED: That said Georgia National Guard troops be called up to State Active Duty as necessary by the Adjutant General.
 
IT IS FURTHER
 
ORDERED: Pursuant to Code Section 10-1-393-4, price gouging related to goods and services necessary for preparation, response, and recovery activities for this State of Emergency, including motor fuel, diesel fuel, and other petroleum products, would be detrimental to the social and economic welfare of the citizens of this State and is therefore prohibited.

ITIS 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 no provision of this Order shall limit, infringe, suspend, or supplant any judicial order, judgment, or decree issued pursuant to the laws or constitution of this State or the laws or constitution of the United States, nor shall any person use any provision this Order as a defense to an action in violation of a judicial order, judgment, or decree by any court created pursuant to the laws or constitution of this State or the laws or constitution of the United States.

IT IS FURTHER

ORDERED: That this Order does not suspend operation of any state or federal law or regulation, except as specifically described herein.

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 on September 29, 2022, at 7:oo A.M., and shall be valid for a period of twenty-nine (29) days, expiring Friday, October 28, 2022, at 11:59 P.M., unless this State of Emergency is renewed by the Governor.

This 27th day of September 2022.

Brian Kemp
GOVERNOR