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AB-1687 California Emergency Services Act: Governor’s powers: suspension of statutes and regulations.(2021-2022)

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Date Published: 08/26/2022 09:00 PM
AB1687:v98#DOCUMENT

Enrolled  August 26, 2022
Passed  IN  Senate  August 24, 2022
Passed  IN  Assembly  May 02, 2022

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 1687

Introduced by Assembly Member Seyarto
(Coauthors: Assembly Members Fong, Mathis, Nguyen, and Smith)
(Coauthors: Senators Jones, Nielsen, and Ochoa Bogh)

January 24, 2022

An act to amend Sections 8571, 8627.5, and 8654 of the Government Code, relating to emergency services.


LEGISLATIVE COUNSEL'S DIGEST


AB 1687, Seyarto. California Emergency Services Act: Governor’s powers: suspension of statutes and regulations.
Existing law, the California Emergency Services Act (CESA), among other things, authorizes the Governor to proclaim a state of emergency under certain circumstances and provides that a state of war emergency exists, with or without proclamation by the Governor, when specified conditions exist. During a state of war emergency or a state of emergency, the CESA authorizes the Governor to suspend any regulatory statute, or statute prescribing the procedure for the conduct of state business, or the orders, rules, or regulations of any state agency where the Governor determines and declares that strict compliance with any statute, order, rule, or regulation would in any way prevent, hinder, or delay the mitigation of the effects of the emergency. During a state of emergency, the CESA also authorizes the Governor to temporarily suspend any state, county, city, or special district statute, ordinance, regulation, or rule imposing nonsafety related restrictions on the delivery of food products, pharmaceuticals, and other emergency essentials distributed through retail or institutional channels, as provided, until the termination of the state of emergency, or for a period of 60 days, whichever occurs first. If the Governor has proclaimed a state of emergency and the President has declared an emergency or a major disaster to exist in this state, the CESA also authorizes the Governor to, among other things, temporarily suspend or modify, for up to 60 days, public health, safety, zoning, or intrastate transportation laws, ordinances, or regulations if the Governor declares that the suspension or modification is essential to provide temporary housing for disaster victims.
This bill would provide that the Governor may only suspend a statute or regulation during a state of emergency or state of war emergency, as described above, in connection with the specific conditions of emergency proclaimed by the Governor or state of war emergency, as applicable. With respect to the temporary suspension of statutes, ordinances, regulations, or rules imposing nonsafety related restrictions on emergency essentials, as described above, the bill would provide that the Governor may only temporarily suspend those statutes, ordinances, regulations, or rules in connection with the specific conditions of emergency proclaimed by the Governor. With respect to laws, ordinances, or regulations temporarily suspended or modified to provide temporary housing, as described above, the bill would provide that the Governor may only temporarily suspend those laws, ordinances, or regulations in connection with the specific conditions of emergency proclaimed by the Governor and declared by the President to be an emergency or major disaster. The bill would also make conforming and other nonsubstantive changes.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 8571 of the Government Code is amended to read:

8571.
 (a) Subject to subdivision (b), during a state of war emergency or a state of emergency the Governor may suspend any regulatory statute, or statute prescribing the procedure for conduct of state business, or the orders, rules, or regulations of any state agency, including subdivision (d) of Section 1253 of the Unemployment Insurance Code, where the Governor determines and declares that strict compliance with the suspended statute, order, rule, or regulation would in any way prevent, hinder, or delay the mitigation of the effects of the emergency.
(b) The Governor may only suspend a regulatory statute, or statute prescribing the procedure for conduct of state business, or the orders, rules, or regulations of a state agency pursuant to this section in connection with the specific conditions of emergency proclaimed pursuant to Section 8625 or state of war emergency described in subdivision (a) of Section 8558, as applicable.

SEC. 2.

 Section 8627.5 of the Government Code is amended to read:

8627.5.
 (a) (1) Subject to paragraph (2), the Governor may make, amend, or rescind orders and regulations during a state of emergency that temporarily suspend any state, county, city, or special district statute, ordinance, regulation, or rule imposing nonsafety related restrictions on the delivery of food products, pharmaceuticals, and other emergency necessities distributed through retail or institutional channels, including, but not limited to, hospitals, jails, restaurants, and schools. The Governor shall cause widespread publicity and notice to be given to all of these orders and regulations, or amendments and rescissions thereof.
(2) The Governor may only temporarily suspend a statute, ordinance, regulation, or rule pursuant to this subdivision in connection with the specific conditions of emergency proclaimed pursuant to Section 8625.
(b) The orders and regulations shall be in writing and take effect immediately on issuance. The temporary suspension of any statute, ordinance, regulation, or rule shall remain in effect until the order or regulation is rescinded by the Governor, the Governor proclaims the termination of the state of emergency, or for a period of 60 days, whichever occurs first.

SEC. 3.

 Section 8654 of the Government Code is amended to read:

8654.
 (a) Whenever the Governor has proclaimed a state of emergency and the President has declared an emergency or a major disaster to exist in this state, the Governor may do any of the following:
(1) Enter into purchases, leases, or other arrangements with any agency of the United States for temporary housing units to be occupied by disaster victims and make those units available to any political subdivision for that purpose.
(2) Assist any political subdivision within which temporary housing for disaster victims is proposed to be located to acquire sites necessary for that temporary housing and to do all things required to prepare those sites to receive and utilize temporary housing units by advancing or lending any funds available to the Governor from any appropriation made by the Legislature or from any other source, by transmitting any funds made available by any public or private agency, or by acting in cooperation with the political subdivision for the execution and performance of any project for temporary housing for disaster victims, and for those purposes to pledge the credit of the state on terms as the Governor declares necessary under the circumstances, having due regard for current financial obligations of the state.
(3) (A) Subject to subparagraph (B), and under regulations as the Governor shall make, temporarily suspend or modify for not to exceed 60 days any public health, safety, zoning, or intrastate transportation law, ordinance, or regulation when by proclamation the Governor declares the suspension or modification essential to provide temporary housing for disaster victims.
(B) The Governor may only temporarily suspend a law, ordinance, or regulation pursuant to this paragraph in connection with the specific conditions of emergency proclaimed pursuant to Section 8625 and declared by the President to be an emergency or major disaster.
(4) Upon the Governor’s determination that financial assistance is essential to meet disaster-related necessary expenses or serious needs of individuals or households adversely affected by a Presidential declaration of a major disaster or emergency that cannot be otherwise adequately met from other means of assistance, accept assistance in the form of grants by the federal government to fund that financial assistance, subject to those terms and conditions as may be imposed upon the grant.
(5) Enter into an agreement with the federal government, or any officer or agency thereof, pledging the state to participate in the funding of any grant accepted pursuant to paragraph (1), in an amount not to exceed 25 percent thereof, and, if state funds are not otherwise available to the Governor, accept an advance of the state share from the federal government to be repaid when the state is able to do so.
(6) Notwithstanding any other law, make financial grants available to meet disaster-related necessary expenses or serious needs of individuals or households adversely affected by a Presidential declaration of a major disaster or emergency in accordance with the Robert T. Stafford Disaster Relief and Emergency Assistance Act and Sections 13600 and 13601 of the Welfare and Institutions Code.
(b) Whenever the President at the request of the Governor declares a major disaster to exist in this state, the Governor may do any of the following:
(1) Upon the Governor’s determination that a local government will suffer a substantial loss of tax and other revenues from a major disaster and has demonstrated a need for financial assistance to perform its governmental functions, apply to the federal government, on behalf of the local government, for a loan, and receive and disburse the proceeds of that loan to the local government.
(2) Determine the amount needed by a local government to restore or resume its governmental functions, and certify that amount to the federal government. However, that amount shall not exceed 25 percent of the annual operating budget of the local government for the fiscal year in which the major disaster has occurred.
(3) Recommend to the federal government, after reviewing the matter, the cancellation of all or any part of a loan made pursuant to paragraph (2) when during the period of three full fiscal years immediately following the major disaster, the revenues of the local government are insufficient to meet its operating expenses, including disaster-related expenses incurred by the local government.
(c) The Governor shall make those regulations as are necessary in carrying out the purposes of paragraphs (4), (5), and (6) of subdivision (a), including, but not limited to: standards of eligibility for persons applying for benefits; procedures for application and administration; methods of investigation, processing, and approving applications; formation of local or statewide review boards to pass upon applications; and procedures for appeals.
(d) Any political subdivision is expressly authorized to acquire, temporarily or permanently, by purchase, lease, or otherwise, sites required for installation of temporary housing units for disaster victims, and to enter into whatever arrangements (including purchase of temporary housing units and payment of transportation charges) are necessary to prepare or equip the sites to utilize the housing units.
(e) Any person who fraudulently makes any misstatement of fact in connection with an application for financial assistance under this section shall, upon conviction of each offense, be guilty of a misdemeanor punishable by a fine of not more than five thousand dollars ($5,000), or imprisonment for not more than one year, or both.
(f) The terms “major disaster,” “emergency,” and “temporary housing,” as used in this section, shall have the same meaning as those terms are defined or used in the Robert T. Stafford Disaster Relief and Emergency Assistance Act (P.L. 93-288, as amended by P.L. 100-707). It is the intent of the Legislature in enacting this section that it shall be liberally construed to effectuate the purposes of that federal act.