Oklahoma Administrative Code › Title 1 - EXECUTIVE ORDERS › Section 1:2022-34

Current through Vol. 41, No. 20, July 1, 2024
EXECUTIVE ORDER 2022-34
I, J. Kevin Stitt, Governor of the State of Oklahoma, pursuant
			 to the power vested in me by Section 2 of Article VI of the Oklahoma
			 Constitution, hereby declare the following:
1. Severe winter weather, freezing rain,
		  snow, and wind beginning December 22, 2022, and ongoing, is expected to cause
		  damage to properties and utilities, such as electric systems, impact travel
		  within the State of Oklahoma, and may result in an increased demand for
		  liquefied petroleum gas (a/k/a "propane") and certain other fuels, as well as
		  wholesale demand for petroleum commodities such as natural gas; and said
		  damages are likely to cause an undue hardship on the citizens of this
		  State.
2. It may be necessary to
		  provide for the rendering of mutual assistance among the State and political
		  subdivisions of the State with respect to carrying out disaster emergency
		  functions during the continuance of the State emergency pursuant to the
		  provisions of the Oklahoma Emergency Management Act of 2003.
3. There is hereby declared a disaster
		  emergency caused by severe winter weather in all 77 Oklahoma counties that
		  threatens the public's peace, health, and safety.
The counties included in this declaration are:
Adair, Alfalfa, Atoka, Beaver, Beckham, Blaine,
			 Bryan, Caddo, Canadian, Carter, Cherokee, Choctaw, Cimarron, Cleveland, Coal,
			 Comanche, Cotton, Craig, Creek, Custer, Delaware, Dewey, Ellis, Garfield,
			 Garvin, Grady, Grant, Greer, Harmon, Harper, Haskell, Hughes, Jackson,
			 Jefferson, Johnston, Kay, Kingfisher, Kiowa, Latimer, Le Flore, Lincoln, Logan,
			 Love, Major, Marshall, Mayes, McClain, McCurtain, McIntosh, Murray, Muskogee,
			 Noble, Nowata, Okfuskee, Oklahoma, Okmulgee, Osage, Ottawa, Pawnee, Payne,
			 Pittsburg, Pontotoc, Pottawatomie, Pushmataha, Roger Mills, Rogers, Seminole,
			 Sequoyah, Stephens, Texas, Tillman, Tulsa, Wagoner, Washington, Washita, Woods,
			 and Woodward.
4. The State Emergency Operations Plan has
		  been activated and resources of all State departments and agencies available to
		  meet this emergency are hereby committed to the reasonable extent necessary to
		  protect lives and to prevent, minimize, and repair injury and damage. These
		  efforts shall be coordinated by the State Director of the Oklahoma Department
		  of Emergency Management and Homeland Security, with comparable functions of the
		  federal government and political subdivisions of the State.
Based on the foregoing, pursuant to the power vested in me by
			 Sections 1 and 2 of Article VI of the Oklahoma Constitution and 63 O.S.
§§
683.1
et seq.,
and pursuant to 49
			 C.F.R. Part 390.23 , I hereby declare that there is a State of Emergency in the
			 State of Oklahoma.
Due to winter weather conditions anticipated in the immediate
			 future along with associated power outages caused by ice accumulations on power
			 lines and vegetation, it is necessary to assist and expedite all efforts of
			 relief. In order to accommodate this need and to provide assistance to the
			 residents of the State of Oklahoma in this extraordinary situation, I hereby
			 order the temporary suspension of the following as they apply to vehicles in
			 the support efforts:
1. The
		  requirements for size and weights permits of oversized vehicles under Title 47
		  of the Oklahoma Statutes whose sole purpose is transportation of materials and
		  supplies used for emergency relief and power restoration;
2. The cost and fees of overweight permits
		  required of carriers whose purpose is the transportation of materials and
		  supplies used for emergency relief and power restoration, which require an
		  overweight permit under Title 47 of Oklahoma statutes;
3. The requirements under Parts 390 through
		  399 pursuant to part 390.23 of Title 49 of the Federal Motor Carrier Safety
		  Administration Regulations;
4. The
		  requirements for licensing/operating authority as required by the Oklahoma
		  Corporation Commission; and
5. The
		  requirements for licensing/registration authority as required by the Oklahoma
		  Tax Commission.
Further, I hereby order that, where a storage tank for liquified
			 petroleum products is at 10% of capacity or less, dealers of liquefied
			 petroleum products are exempt from prohibitions in Oklahoma administrative
			 rules including, but not limited to OAC
			 420:10-1-20(c)(1),
			 concerning the ability of such dealers to fill the tanks belonging to other
			 dealers (commonly known as "lease tanks") with express written approval by the
			 Liquefied Petroleum Gas Administration or by the Class 1 Dealer who owns the
			 propane tank. Dealers affected by this waiver shall conduct a leak check and
			 comply with customary Form 4 documentation.
Nothing contained in this declaration shall be construed as an
			 exemption from the Controlled Substance and Alcohol Use and Testing
			 requirements ( 49 C.F.R. Part 382 ), the Commercial Driver License requirements
			 ( 49 C.F.R. Part 383 ), the Financial Responsibility requirements ( 49 C.F.R.
			 Part 387 ), or any other portion of the regulations not specifically identified
			 herein. Motor carriers that have an Out-Of-Service Order in effect cannot take
			 advantage of the relief from regulation that this declaration provides.
While operating under this Order, drivers of commercial motor
			 vehicles shall be required to spend a minimum of 8 hours in sleeper berth
			 within any given 24-hour period. The duration of each timeframe spent in
			 sleeper berth within each 24-hour period shall be at the discretion of each
			 driver based in his/her needs, as long as the sum of all said sleeper berth
			 totals a minimum of the required 8 hours.
This Executive Order shall be effective until
			 11:59 p.m. CST, December 29, 2022.
Copies of this Executive Order shall be distributed to the State
			 Director of the Oklahoma Department of Emergency Management and Homeland
			 Security, Oklahoma Corporation Commission, Oklahoma Department of
			 Transportation, Oklahoma Tax Commission, Oklahoma Adjutant General's Office,
			 Office of Management and Enterprise Services, and the Oklahoma Department of
			 Public Safety, who shall cause the provisions of this Order to be implemented
			 by all appropriate agencies of State government.
IN WITNESS WHEREOF
, I have set my hand and caused
			 the Great Seal of the State of Oklahoma to be affixed at Oklahoma City, this 21
			 
			 st day of December, 2022.
BY THE GOVERNOR OF THE STATE OF OKLAHOMA
J. Kevin Stitt
ATTEST:
Brian Bingman
Secretary of State