GOVERNOR
EXECUTIVE ORDER NUMBER 59 (2016)
Declaration of a State of Emergency
for the Commonwealth of Virginia as a Measure for Uninterrupted Gasoline
Distribution
Importance of the Issue
On September 9, 2016, Colonial Pipeline shut down its main
lines in Shelby County, Alabama to investigate a potential system integrity
issue. The investigation uncovered a pipeline breach resulting in a spill of
252,000 gallons of gasoline in a remote area of the county. This pipeline will
remain shut down until repairs can be made, the system tested, and cleanup
complete. The shutdown of this pipeline may result in gasoline supply
disruptions to various retailers throughout the Commonwealth, since the
pipeline is the only source of gasoline into Virginia for many of these
retailers. While current gasoline reserves in the Commonwealth are sufficient
to address any immediate supply concerns, it is necessary, in accordance with
§ 44-146.17, that the Commonwealth take appropriate measures to prevent
any resource shortage occasioned by this disaster.
The health and general welfare of the citizens of Virginia
require that state action be taken to help prevent any potential resource
shortages or fuel supply disruptions caused by this situation. The effects of
this incident constitute a disaster, as defined in § 44-146.16 of the Code
of Virginia.
Therefore, by virtue of the authority vested in me by
§ 44-146.17 of the Code of Virginia, as Governor and as Director of
Emergency Management, and subject always to my continuing and ultimate
authority and responsibility to act in such matters, I hereby confirm, ratify,
and memorialize in writing my verbal orders issued on this day, September 16,
2016, whereby I proclaimed that a state of emergency exists, and I directed
that appropriate assistance be rendered by agencies of state government to
alleviate any impediments to the transport of gasoline.
In order to marshal public resources and appropriate
preparedness, response, and recovery measures to meet this threat and recover
from its effects, and in accordance with my authority contained in
§ 44-146.17 of the Code of Virginia, I hereby order the following measures:
A. The authorization of the Departments of State Police,
Transportation, and Motor Vehicles to grant temporary overweight, over width,
registration, or license exemptions to all carriers transporting gasoline in
any area of the Commonwealth in order to support delivery of this commodity,
regardless of its point of origin or destination. Such exemptions shall not be
valid on posted structures for restricted weight.
All over width loads, up to a maximum of 12 feet, and over
height loads up to a maximum of 14 feet must follow Virginia Department of
Motor Vehicles (DMV) hauling permit and safety guidelines.
In addition to described overweight/over width transportation
privileges, carriers are also exempt from registration with the Department of
Motor Vehicles. This includes vehicles in route and returning to their home
base. The above-cited agencies shall communicate this information to all staff
responsible for permit issuance and truck legalization enforcement.
Authorization of the State Coordinator of Emergency Management
to grant limited exemption of hours of service worked by any carrier when
transporting gasoline in any area of the Commonwealth in order to support
delivery of this commodity, regardless of its point of origin or destination,
pursuant to § 52-8.4 of the Code of Virginia and Title 49 Code of Federal
Regulations, Section 390.23 and Section 395.3. In no event shall the relief
from hours of service last more than fifteen (15) days, unless a new
declaration is issued. Motor carriers that have a Federal Out of Service Order
in effect cannot take advantage of the relief from regulations that this
declaration provides under 49 CFR 390.23.
The foregoing overweight/over width transportation privileges
as well as the regulatory exemption provided by § 52-8.4 A of the Code of
Virginia, and implemented in 19VAC30-20-40 B of the "Motor Carrier
Safety Regulations," shall remain in effect until November 1, 2016, or
until emergency relief is no longer necessary, as determined by the Secretary
of Public Safety and Homeland Security in consultation with the Secretary of
Transportation, whichever is earlier.
The authorization of the Department of Agriculture and Consumer
Services to grant a temporary waiver of the maximum vapor pressure prescribed
in emergency regulation 2VAC5-425 et seq., and to prescribe a vapor pressure
limit it deems reasonable. The temporary waiver shall remain in effect until
November 1, 2016, or until emergency relief is no longer necessary, as
determined by the Commissioner of Agriculture and Consumer Services.
B. The discontinuance of provisions authorized in paragraph A
above may be implemented and disseminated by publication of administrative
notice to all affected and interested parties. I hereby delegate to the
Secretary of Public Safety and Homeland Security, after consultation with other
affected Cabinet-level Secretaries, the authority to implement this order as
set forth in § 2.2-104 of the Code of Virginia.
C. The activation of the statutory provisions in
§ 59.1-525 et seq. of the Code of Virginia related to price gouging. Price
gouging at any time is unacceptable. I have directed all applicable executive
branch agencies to take immediate action to address any verified reports of
price gouging of gasoline. I make the same request of the Office of the
Attorney General and appropriate local officials. I further request that all
appropriate executive branch agencies exercise their discretion to the extent
allowed by law to address any pending deadlines or expirations affected by or
attributable to this resource shortage.
Effective Date of this Executive Order
This Executive Order shall be effective September 16, 2016, and
shall remain in full force and effect until November 1, 2016, or whenever the
emergency no longer exists, which ever time is shorter, unless sooner amended
or rescinded by further executive order. Termination of the Executive Order is
not intended to terminate any federal-type benefits granted or to be granted
due to injury or death as a result of service under this Executive Order.
Given under my hand and under the Seal of the Commonwealth of
Virginia, this 16th day of September, 2016.
/s/ Terence R. McAuliffe
Governor