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California Fire-State-of-Emergency-Proclamation 8.18.2020

Document
California 8.18.20-Fire-State-of-Emergency-Proclamation.pdf (1.14 MB)

EXECUTIVE DEPARTMENT STATE OF CALIFORNIA

PROCLAMATION OF A STATE OF EMERGENCY

WHEREAS beginning on August 14, 2020, an Extreme Heat Event struck California and surrounding Western states, causing record-breaking temperatures and Red Flag Warnings throughout California; and

WHEREAS on August 16, 2020, I proclaimed a State of Emergency to exist in California due to the Extreme Heat Event; and

WHEREAS in addition to the fire conditions being exacerbated by extreme temperatures, the weather event has resulted in widespread lightning strikes, sparking fires throughout the state; and

WHEREAS there are currently hundreds of fires actively burning during these extreme weather conditions throughout California, which have collectively burned tens of thousands of acres; and

WHEREAS the number of fires actively burning statewide, as well as throughout other Western states, has resulted in a strain on California's mutual aid system, making it increasingly difficult for jurisdictions to obtain the necessary in-state and out-of-state firefighting resources to respond to these fires; and

WHEREAS several of these fires, including the River Fire in Monterey County, the Jones Fire in Nevada County, and the Gamble Fire, Hennessy Fire, and other nearby fires (collectively referred to as the "LNU Lightning Complex Fire") in Napa County, have rapidly spread, destroying or threatening homes and critical infrastructure, and forcing the evacuations of thousands of residents; and

WHEREAS the Federal Emergency Management Agency has approved multiple Fire Management Assistant Grants to assist with the mitigation, management, and control of the River Fire, the Jones Fire, and the LNU Lightning Complex Fire; and

WHEREAS extremely high temperatures and dry conditions are expected to continue, which will further increase the spread of fires statewide and likely result in additional wildfires, further exacerbating the current wildfire situation in California; and

WHEREAS local and state regional emergency operations centers have been activated; and

WHEREAS under the provisions of Government Code section 8558(b), I find that conditions of extreme peril to the safety of persons and property exist due to fires statewide; and

WHEREAS under the provisions of Government Code section 8558(b), I find that the conditions caused by fires, by reason of their magnitude, are or are likely to be beyond the control of the services, personnel, equipment, and facilities of any single local government and require the combined forces of a mutual aid region or regions to appropriately respond; and

WHEREAS under the provisions of Government Code section 8625(c), I find that local authority is inadequate to cope with the magnitude of the damage caused by these fires; and

WHEREAS under the provisions of Government Code section 8571, I find that strict compliance with various statutes and regulations specified in this order would prevent, hinder, or delay the mitigation of the effects of fires statewide.

NOW, THEREFORE, I, GAVIN NEWSOM, Governor of the State of California, in accordance with the authority vested in me by the State Constitution and statutes, including the California Emergency Services Act, and in particular, Government Code section 8625, HEREBY PROCLAIM A STATE OF EMIERGENCY to exist in California due to fires burning statewide.

IT IS HEREBY ORDERED THAT:

  1. All agencies of the state government utilize and employ state personnel, equipment, and facilities for the performance of any and all activities consistent with the direction of the Governor's Office of Emergency Services (CalOES) and the State Emergency Plan. Also, to protect their safety, all residents are to obey the direction of emergency officials with regard to this emergency in order to protect their safety.
  2. CalOES shall provide local government assistance to local governments, if appropriate, under the authority of the California Disaster Assistance Act, Government Code section 8680 et seq., and California Code of Regulations, Title 19, section 2900 et seq.
  3. As necessary to assist local governments and for the protection of public health and safety, public and private property, and the environment, state agencies shall enter into contracts to arrange for the procurement of materials, goods, equipment, and services necessary to quickly assist with the response to and recovery from the impacts of these fires. Applicable provisions of the Government Code and the Public Contract Code, including but not limited to travel, advertising, and competitive bidding requirements, are suspended to the extent necessary to address the effects of these fires.
  4. The California National Guard is hereby mobilized under Military and Veterans Code section 146 to support disaster response and relief efforts, as directed by CalOES, and to coordinate with all relevant state agencies and state and local emergency responders and law enforcement within the impacted areas. Sections 147 and 188 of the Military and Veterans Code are applicable during the period of participation in this mission, exempting the California Military Department from applicable procurement rules for  specified  emergency  purchases,  and those rules are hereby suspended.
  5. The provisions of Unemployment Insurance Code section 1253 imposing a one-week waiting period for unemployment insurance applicants are suspended as to all applicants who are unemployed as a direct result of these fires who applied for unemployment insurance benefits during the time period beginning August 14, 2020, and ending on the close of business on February 14, 2021, and who are otherwise eligible for unemployment insurance benefits.
  6. Vehicle Code sections 9265(a), 9867, 14901, 14902, and 15255.2, requiring the imposition of certain fees, are suspended with regard to any request for replacement of a driver's identification card, vehicle registration certificate, or certificate of title, by any individual who lost such records as a result of these fires. Such records shall be replaced without charge.
  7. The provisions of Vehicle Code sections 4602 and 5902, requiring the timely registration or transfer of title are suspended with regard to any registration or transfer of title by any resident who is unable to comply with those requirements as a result of these fires. The time covered by this suspension shall not be included in calculating any late penalty pursuant to Vehicle Code section 9554.
  8. Health and Safety Code sections 103525.5 and 103625, and Penal Code section 14251, requiring the imposition of fees are hereby suspended with regard to any request for copies of certificates of birth, death, marriage, and dissolution of marriage records, by any individual who lost such records as a result of these fires. Such copies shall be provided without charge.
  9. In order to directly respond to the needs of impacted assisted living facilities, adult residential facilities, child care facilities, children's residential facilities, resource family homes, and other similar facilities within the State Department of Social Services' jurisdiction, the Director of the State Department  of Social Services may waive any provisions of the  Health and  Safety Code or Welfare and Institutions Code, and accompanying regulations or written directives, with respect to  the  use, licensing, or approval of facilities or homes within the  Department's jurisdiction set forth in the California Community Care Facilities Act  (Health and  Safety Code section 1500 et seq.), the California Child Day Care Facilities Act (Health and Safety Code section 1596.70 et seq.), and the California Residential Care Facilities for the Elderly Act (Health and Safety Code section 1569 et seq.). Any waivers granted pursuant to this paragraph shall be posted on the Department's website and shall only be in effect so long as necessary to address the direct impacts of these fires.
  10. In order to ensure hospitals, clinics, and other health facilities remain open, the Director of the Department of Public Health may waive any of the licensing requirements of Chapters 1 and 2 of Division 2 of the Health and Safety Code and accompanying regulations with respect to any hospital, clinic or health facility identified in Health and Safety Code section 1250 that is impacted by the fire. Any waiver shall include alternative measures that, under the circumstances, will allow the facilities to remain open while protecting public health and safety. Any facilities being granted a waiver shall be established and operated in accordance with their disaster and mass casualty plan. Any waivers granted pursuant to this paragraph shall be posted on the Department's website and shall only be in effect so long as necessary to address the direct impacts of these fires.

I FURTHER DIRECT that as soon as hereafter possible, this proclamation be filed in the Office of the Secretary of State and that widespread publicity and notice be given of this proclamation.

 

IN WITNESS WHEREOF I have

hereunto set my hand and caused the Great Seal of the State of California to be affixed this 18th day of August 2020.

 

GAVIN NEWSOM

Governor of California

 

ATTEST:

ALEX PADILLA

Secretary of State

Last updated: Thursday, August 20, 2020