EXECUTIVE ORDER No.2005 - 25

STATE OF ENERGY EMERGENCY
EXTENSION FOR TEMPORARY USE OF DYED DIESEL FUEL

WHEREAS, Section 1 of Article V of the Michigan Constitution of 1963 vests the executive power of the State of Michigan in the Governor;

WHEREAS, under Section 4 of 1982 PA 191, MCL 10.84, during a declared State of Energy Emergency the Governor may by executive order suspend a statute, an order, a rule of a state agency, or a specific provision of the statute, rule, or order if strict compliance with the statute, order, rule, or a specific provision of the statute, rule, or order will prevent, hinder, or delay necessary action in coping with the energy emergency;

WHEREAS, effective August 31, 2005, in response to shortages of clear diesel fuel caused by the effects of Hurricane Katrina, the federal Environmental Protection Agency is temporarily allowing regulated parties to supply motor vehicle diesel fuel having a sulfur content greater than 500 parts per million with visible evidence of red dye;

WHEREAS, in response to the effects of Hurricane Katrina on diesel fuel supplies on September 2, 2005, the federal Internal Revenue Service declared that it will not impose a penalty when dyed diesel fuel is sold for use or used on highways;

WHEREAS, Executive Order 2005-20 suspended certain provisions of Michigan law to allow the use of dyed diesel fuel on Michigan highways without penalty;

WHEREAS, the Internal Revenue Service has extended the penalty waiver through October 5, 2005;

WHEREAS, appropriate measures must be taken in Michigan to ensure that fuel supplies will remain sufficient and to assure the health, safety, and welfare of Michigan residents and visitors;

NOW, THEREFORE, I, JENNIFER M. GRANHOLM, Governor of the State of Michigan, pursuant to powers vested in the Governor by the Michigan Constitution of 1963 and Michigan law, order the following:

1. The suspension under Executive Order 2005-20 of provisions of the Motor Fuel Tax Act, 2000 PA 403, MCL 207.1001 to 207.1170, relating to dyed diesel fuel is extended through October 5, 2005.

This Order is effective upon filing.

Given under my hand and the Great Seal of the State of Michigan this 23rd day of September in the year of our Lord, two thousand and five.
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JENNIFER M. GRANHOLM
GOVERNOR

BY THE GOVERNOR:
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SECRETARY OF STATE