Oklahoma Administrative Code › Title 1 - EXECUTIVE ORDERS › Section 1:2015-21

Current through Vol. 41, No. 20, July 1, 2024
Today, I have signed into law Senate Bill 499. This new and
			 important law will help expedite necessary repairs to businesses that provide
			 critical infrastructure services to Oklahomans-like telecommunications, power,
			 and water-during times of emergency and disaster. The law removes regulatory
			 obstacles that would otherwise delay help from neighboring states after major
			 storms or other emergencies, and is part of a multi-state initiative to make
			 sure that states work cooperatively and quickly in times of need.
However, I understand that there is some concern as to whether
			 other "authorized" Oklahoma officials could inappropriately issue declarations
			 of emergency upon request of a business, in situations that do not truly
			 warrant a crisis, or for businesses that are only tangentially related to
			 infrastructure. These concerns, while understandable, are unsupported by the
			 plain language of the statute.
First, the statute clearly limits the ability of other State
			 officials to issue such declarations only to those times when "a good faith
			 response effort is required." Such crises should be equivalent in terms of
			 severity and public impact as those for which a State of Emergency Proclamation
			 is issued; accordingly, the need to declare a disaster or emergency when a
			 Proclamation has not been issued should be exceedingly rare.
Moreover, because the statute does not explicitly define who the
			 other "authorized" officials are who may declare emergencies for critical
			 infrastructure repair, that power and responsibility-to designate authorized
			 officials-must necessarily fall to the Governor. Generally, Oklahoma law only
			 vests the Governor, as Chief Executive of the State, and the Legislature with
			 the ability to issue emergency declarations during times of public unrest, or
			 for man-made or natural emergencies. See 21 O.S. §
							1321.3
			 and
			 63 O.S.
			 § 683.9. Such limited delegation of control makes good sense: it is during
			 times of crisis and confusion that government needs to speak clearly and with a
			 uniform voice. Accordingly, I hereby order all State officials to notify the
			 Governor's Office immediately upon receipt of an emergency declaration request
			 from a critical infrastructure provider, and to refrain from issuing any
			 emergency declarations unless and until they have received a written
			 authorization from the Governor. This intuitive interpretation of the new law
			 will ensure that our government works efficiently, with consistent standards,
			 and with focused coordination.
Second, the statute unmistakably limits its regulatory
			 exemptions to those businesses that provide core, critical infrastructure
			 services-"telecommunications provider[s]"; "cable operator[s]"; "communications
			 networks"; "electric generation, transmission and distribution systems";
			 "natural gas and natural gas liquids gathering, processing, storage,
			 transmission and distribution systems"; "water pipelines, and related support
			 facilities that service multiple customers or citizens" (emphasis added). As a
			 result, the new law explicitly conditions its application so as to prevent
			 inappropriate use by out-of-state tradesmen who want to avoid Oklahoma
			 licensing and registration requirements or taxes where no true public threat is
			 implicated.
Like Oklahomans everywhere, I am proud of our citizens'
			 willingness to rush to our neighbors' aid in times of emergency. And I am
			 excited about Oklahoma's participation in this innovative, regional effort to
			 lessen the hardships felt by ordinary people when disaster strikes.
This Executive Order shall be distributed to the Director of the
			 Oklahoma Department of Emergency Management and to all of my Cabinet
			 Secretaries, who shall cause the provisions of this Order to be implemented as
			 herein directed.
IN WITNESS WHEREOF, I have set my hand and caused the Great Seal
			 of the State of Oklahoma to be affixed at Oklahoma City, Oklahoma, this 20th
			 day of April, 2015.
BY THE GOVERNOR OF THE STATE OF OKLAHOMA
Mary Fallin
ATTEST:
Chris Benge
Secretary of State