The State of Wisconsin

OFFICE OF THE GOVERNOR

EXECUTIVE ORDER #284

Relating to Declaring an Energy Emergency

WHEREAS, the health, welfare, safety, and economic well-being of the people of the State of Wisconsin depend on access to residential heating fuel, including heating oil and propane, and its unimpeded distribution;

WHEREAS, demand for residential heating fuel is substantially heightened due to winter weather conditions throughout the region;

WHEREAS, the Enterprise pipeline distribution system, with residential heating fuel distribution terminals within the state and greater regions of the Midwest, reported a pipeline disruption that occurred November 27. The limited pipeline operations have affected product availability at terminals throughout Wisconsin and surrounding states. The disruption continues to affect supplies of product on hand, and product is being distributed on allocation and loaded directly off of the pipeline, resulting in long wait times and drivers traveling longer distances to obtain product;

WHEREAS, the long wait times at terminals in Wisconsin and neighboring states, combined with the need to truck petroleum products over long distances, is making it difficult for transporters to meet demand while complying with state and federal hours-of-service and weight limit requirements;

WHEREAS, this situation poses a serious risk to the health, welfare, safety, and economic well-being of the people of the State of Wisconsin because the state and federal hours-of-service limitations are substantially affecting the market in the State of Wisconsin, including difficulty collecting and delivering residential heating fuel;

WHEREAS, allowing the transportation of residential heating fuel within the State of Wisconsin safely and as described in this order will benefit the people of the State of Wisconsin;

WHEREAS, I have previously issued Executive Order #283 exempting drivers of commercial motor vehicles transporting residential fuels including propane and heating oil from Wisconsin and federal hours of service restrictions in 49 C.F.R. Part 395 and Wis. Admin. Code, Ch. Trans 325 and 327, and from statutory vehicle divisible load limitations in Section 348.25(4) of the Wisconsin Statutes; and

WHEREAS, having consulted with the Department of Transportation, Department of Administration, and the Public Service Commission's Office of Energy Innovation, I conclude that the above conditions warrant the extension of the timeline of the energy emergency under Executive Order #283 and its waiver of the divisible load limitations and hours-of-service limitations for motor carriers and drivers of commercial motor vehicles delivering residential heating fuels.

NOW, THEREFORE, I, TONY EVERS, Governor of the State of Wisconsin, by virtue of the authority vested in me by the Constitution and the Laws of Wisconsin, including sections 323.10 and 340.01(15s) of the Wisconsin Statutes, and Title 49 of the Code of Federal Regulations Part 390.23 and Chapters Trans 325 and 327 of the Wisconsin Administrative Code, hereby:

1.    Declare and certify that an energy emergency continues to exist throughout the entire State of Wisconsin, as defined by Section 340.01(15s) of the Wisconsin Statutes. This declaration of emergency replaces Executive Order #283 and shall be in effect as long as drivers transporting residential heating fuel are providing assistance for the emergency, or through February 2, 2026 at 11:59 p.m., whichever is shorter.

2.    Order that, pursuant to Section 348.17(3) of the Wisconsin Statutes, carriers and drivers of commercial motor vehicles having a registered gross weight of 50,000 pounds or more, while in the process of obtaining and transporting residential heating fuels including propane and heating oil, are exempt from the divisible load limitations under Section 348.25(4) of the Wisconsin Statutes. This exemption only authorizes weights not more than 10 percent greater than the gross axle weight and axle combination weight limitations, and not more than 15 percent greater than the gross vehicle weight limitations under Sections 348.15 and 348.16 of the Wisconsin Statutes. Further, this weight exemption does not apply to commercial motor vehicles operating on any highways outside Wisconsin nor does it apply to highways designated as parts of the national system of interstate and defense highways within Wisconsin, except for Wisconsin portions of the Interstate 39 and Interstate 41 corridors.

3.    Order that, during an energy emergency the Department of Transportation may authorize motor vehicles that have a gross weight of 26,000 pounds or less and that are transporting propane or heating oil for residential heating end use to exceed any special weight limitation imposed under ss. 348.17 (1) and 349.16 (1) (a) and (2) in connection with the thawing of frozen highways. Any person operating a motor vehicle as authorized under this subsection shall, to the extent practicable, deliver propane or heating oil at times of the day when the highways used are the least vulnerable. This exemption applies only to highways in Wisconsin.

4.    Order that carriers and drivers of commercial motor vehicles, while in the process of obtaining and transporting residential heating fuel to or from a terminal, are exempted from federal and Wisconsin hours-of-service restrictions in 49 C.F.R. Part 395 and Wis. Admin. Code, Ch. Trans 325 and 327. This exemption applies to motor carriers providing distribution of heating fuels to and within Wisconsin in response to this emergency.

5.    Order that no motor carrier operating under the terms of this emergency declaration shall require or allow an ill or fatigued driver to operate a motor vehicle. A driver who notifies a motor carrier that he or she needs immediate rest shall be given at least 10 consecutive hours off-duty before the driver is required to return to service.

6.    This order does not suspend the operation of any state or federal laws within the State of Wisconsin except as specifically described in the order. All other laws remain in full force and will be enforced. This order does not authorize any person transporting residential heating fuel to exceed any statutory vehicle width, length, or height limit. This order does not authorize the use of unregistered or improperly registered vehicles. Vehicles registered in other jurisdictions and not entitled to reciprocity or not registered for use in Wisconsin through the International Registration Plan, must obtain a permit as provided in section 341.41, Wis. Stats. Motor carriers transporting residential heating fuel for hire must have proper authority to operate in this State, as provided by section 194.04, Wis. Stats., and must meet the insurance requirements of section 194.41 or 194.42, Wis. Stats. Carriers must satisfy all ordinarily acceptable federal and Wisconsin requirements concerning vehicle equipment, vehicle operations and driver qualifications and conduct.

IN TESTIMONY WHEREOF, I have              
hereunto set my hand and caused the      
Great seal of the State of Wisconsin to be 
affixed. Done at the Capitol in the City of  
Madison this sixteenth day of January in   
the year of two thousand twenty-six.         

    TONY EVERS                                      
Governor                                           

By the Governor:

SARAH GODLEWSKI
Secretary of State