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United States Department of Transportation United States Department of Transportation

California Proclamation of a State of Emergency for Dixie-Fly-Tamarack Fires

EXECUTIVE DEPARTMENT
STATE OF CALIFORNIA

PROCLAMATION OF A STATE OF EMERGENCY

WHEREAS on July 14, 2021, the Dixie Fire began burning in Butte County and has since crossed into Plumas County, impacting Butte, Plumas, and Lassen counties; and

WHEREAS the Dixie Fire has burned more than 142,000 acres, destroyed homes, and continues to threaten additional homes and other structures, necessitating the evacuation of thousands of residents and of numerous health and other care facilities; and

WHEREAS the Dixie Fire forced the closure of major roadways and rail lines, damaged infrastructure, and continues to threaten power, communication, and other critical infrastructure, impacting Butte, Plumas, and Lassen counties; and

WHEREAS the Federal Emergency Management Agency approved a Fire Management Assistant Grant to assist with the mitigation, management, and control of the Dixie Fire; and

WHEREAS on July 22, 2021, the Fly Fire began burning in Plumas County, and has burned thousands of acres, caused road closures and threatened rail lines, and forced additional evacuations in Plumas County; and

WHEREAS the Beckwourth Complex Fire, for which I proclaimed a State of Emergency on July 16, 2021, continues to burn in Lassen and Plumas counties, and the combined effects of the multiple fires are compounding impacts on firefighting and other response resources; and

WHEREAS on July 4, 2021, the Tamarack Fire began burning in Alpine County, has burned more than 50,000 acres, and continues to burn; and

WHEREAS the Tamarack Fire has forced road closures, is threatening critical infrastructure, homes, and other structures, and has forced the evacuation of residents; and

WHEREAS exceptionally high temperatures, drought conditions, and dry fuels have further increased the spread of these fires, and it is critical to minimize any impediment to firefighting resources; 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 the Dixie Fire, the Fly Fire, and the Tamarack Fire; and

WHEREAS under the provisions of Government Code section 8558(b), I find that the conditions caused by these fires, by reason of their magnitude and combined impacts, 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 these fires.

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 EMERGENCY to exist in Plumas County due to the Dixie Fire and Fly Fire, in Butte and Lassen counties due to the Dixie Fire, and in Alpine County due to the Tamarack Fire.

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 Office of Emergency Services and the State Emergency Plan. Also, all residents are to obey the direction of emergency officials with regard to this emergency in order to protect their safety.
  2. The Office of Emergency Services shall provide 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 1 9, section 2900 et seq.
  3. The Office of Emergency Services shall implement a contingency plan for continuity of fuel distribution for firefighting assets, and in so doing, may coordinate with the California Transportation Agency, the California Energy Commission, and any other state entity as appropriate.
  4. As necessary to  assist local governments and  for the protection of public health and the environment, state agencies shall enter into contracts to arrange  for the  procurement  of  materials, goods, 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.
  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 July 4, 2021 and ending on the close of business on January 4, 2022 for the Tamarack Fire; beginning July 14, 2021 and ending on the close of business on January 14, 2022 for the Dixie fire; and beginning July 22, 2021 and ending on the close of business on January 22, 2022 for the Fly Fire, and who are otherwise eligible for unemployment insurance benefits.
  6. Vehicle Code sections 9265(0), 9867, 14901, 14902, and 15255.2, requiring  the imposition of 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 of Alpine, Butte, Lassen, or Plumas County, 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 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 these fires.  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 identified in this proclamation.
  10. In order to directly respond to the needs of 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 that are impacted by these fires, 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 the fires identified in this proclamation.
  11.  In order to directly respond to the needs of behavioral health programs  and  facilities  impacted  by these  fires,  including alcohol and other drug  (AOD)  programs,  adult  alcoholism  or drug abuse recovery or treatment facilities, driving-under-the­ influence programs, narcotic treatment programs,  psychiatric health facilities, mental health rehabilitation centers, social rehabilitation programs, skilled nursing facilities with special treatment programs, Lanterman-Petris-Short designated facilities, community treatment facilities, short term residential therapeutic programs, and  children's crisis residential programs, the  Director of the Department of Health Care Services may waive any licensing,  certification, or approval requirements  for such programs under its jurisdiction located in: Welfare and Institutions Code, Divisions 4, 5 and 9; Health and Safety Code, Divisions 2 and 10.5; and accompanying regulations, written standards, or information notices. 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 the fires identified in this proclamation.

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 23rd day of July 2021.

GAVIN NEWSOM
Governor of California

ATTEST:

SHIRLEY N. WEBER, PH. D
Secretary of State
 

Last updated: Monday, July 26, 2021