Taking Extraordinary Measures to Reduce Food Costs in Light of Disruptions from War

WHEREAS, the ongoing conflict involving the Iranian regime has caused extreme disruptions to the global energy market with continued attacks upon oil and gas infrastructure in the Middle East and reduced transport through the Strait of Hormuz, which the Trump Administration has described as "one of the world's most important oil chokepoints;" and

WHEREAS, in a global energy market, disruptions in the Middle East can result in unstable diesel market conditions for Arizona's farmers and ranchers, which, in turn, raise food prices for all Arizonans; and

WHEREAS, unstable food prices can cause food insecurity in Arizona; and

WHEREAS, disruptions to the diesel market are expected to continue, putting more and more Arizonans in jeopardy of not being able to feed themselves and their families, which constitutes extreme peril to the safety of persons in this State; and

WHEREAS, the effects of such disruptions stemming from international events are likely to be beyond the control of any one county, city, or town; and

WHEREAS, pursuant to A.R.S. § 26-303(D), the Governor may proclaim a state of emergency if the Governor finds that conditions of extreme peril to the safety of persons or property exist and such conditions are beyond the control of the services, personnel, equipment and facilities of any single county, city or town; and

WHEREAS, pursuant to the National Emergencies Act, 50 U.S.C. § 1601 et seq., President Trump has declared a national emergency with respect to energy and that national emergency has been continued through January 20, 2027; and

WHEREAS, in accordance with Executive Order 14435, the United States Department of the Treasury is considering emergency tax relief on diesel fuel through December 31, 2026; and

WHEREAS, such federal tax relief on diesel fuel is not effective without concurrent state actions.

NOW, THEREFORE, I, Katie Hobbs, Governor of the State of Arizona, by virtue of the powers vested in me by the Arizona Constitution and laws of this state, hereby proclaim, order and direct as follows:

1. A state of emergency exists in every county of the State of Arizona due to the ongoing disruptions to the diesel fuel market.
2. To the extent permitted by law, the Director of the Arizona Department of Transportation shall consider all commercial vehicle loads with a gross vehicle weight between 80,001 and 90,800 pounds as nonreducible for the purpose of permitting vehicles carrying such loads to travel upon non-interstate highways if such vehicles are engaged solely in the (i) distribution of the products of agricultural operations or (ii) transportation of goods or equipment required for agricultural operations. The Director of the Arizona Department of Transportation shall not charge a fee for any permits issued in connection with this paragraph. The federal government is encouraged to allow commercial vehicles with a gross vehicle weight up to 90,800 pounds to travel freely upon interstate highways as well.
3. For vehicles engaged solely in (i) agricultural operations, (ii) distribution of the products of agricultural operations, or (iii) the transportation of goods or equipment required for agricultural operations, State agencies shall, to the extent permitted by law, de-prioritize the enforcement of prohibitions on use of dyed diesel fuel on non-interstate highways; and refrain from initiating inspections, citations, or other enforcement actions based solely upon the presence or use of dyed diesel fuel in such vehicles through December 31, 2026.
4. On or before October 16, 2026, the Director of the Arizona Department of Transportation shall notify and train its enforcement staff on the implementation of this Executive Order.
5. As used in this Executive Order, "agricultural operations" shall mean all activities on any facility in the State of Arizona for the production of crops, livestock, poultry, livestock products or poultry products.
6. As used in this Executive Order, "distribution of the products of agricultural operations" shall refer only to (i) transportation of crops from the point of harvest to the point of unloading, provided, however, that transfer of products from an on-farm vehicle to another vehicle shall not be considered unloading; and (ii) transportation of livestock and live poultry as such terms are defined in A.R.S. § 3-1201.
7. This Executive Order shall not confer any legal rights or remedies upon any person and shall not be used as a basis for legal challenges to any action or inaction of a State agency, officer, employee, or agent thereof.
8. Nothing in this Executive Order shall be construed to contravene any federal or State law, regulation or court order. Nothing in this Executive Order shall affect or alter the existing statutory powers of any State agency.
9. For purposes of this Executive Order, "state agencies" shall include all executive departments, agencies, offices, and all state boards and commissions, except for: (a) any State agency that is headed by a single elected State official; (b) the Corporation Commission; and (c) any board or commission established by ballot measure during or after the November 1998 general election.
10. If any provision of this Executive Order or its application to any person or circumstance is held invalid by any court of competent jurisdiction, such invalidity does not affect any other provision or application of this Executive Order which can be given effect without the invalid provision or application. To achieve this purpose, the provisions of this Executive Order are declared to be severable.
11. This Executive Order shall take effect on October 16, 2026, and shall remain in effect until it is rescinded or December 31, 2026, whichever occurs first.