GOVERNOR LEE AMENDS EMERGENCY ORDER TO FAST-TRACK TRANSPORTATION REPAIRS
Yesterday, Tennessee Governor Bill Lee issued an amendment to Executive Order No. 110, originally declared on January 22, 2026, in response to severe winter weather that began impacting the state on January 23. The initial order had declared a major disaster and state of emergency due to the anticipated severe conditions.
Following ongoing effects from the storm, which caused substantial damage to transportation infrastructure and utilities, this amending order extends the emergency declaration and specifically enhances the Tennessee Department of Transportation’s (TDOT) contracting flexibility. It suspends relevant provisions of Tennessee Code Annotated Titles 12 and 54, along with related rules, as needed to allow the Commissioner of Transportation broad discretion to quickly procure and award emergency contracts for repairing and replacing damaged state and local transportation facilities.
This includes options such as design-build, construction manager/general contractor, progressive design-build, engineering services, and related design contracts. The amendment also grants the Commissioner authority to modify or waive deadlines and procedures for utility relocations required by this emergency work, to handle debris removal using TDOT employees or contractors on non-federal public lands, and to address debris originating from or threatening state highway rights-of-way or transportation facilities due to the severe weather.
Most provisions of the amended order, including these suspensions, remain in effect until 11:59 p.m. Central Time on March 7, 2026, after which any suspended laws and rules will no longer apply (with one noted exception for a shorter duration on a separate paragraph until February 5, 2026). The order aims to maximize speed and collaboration with local governments to expedite essential repairs and recovery.
