SB 448: California Emergency Services Act: emergency powers: limitation.

Existing law, the California Emergency Services Act (CESA), among other things, authorizes the Governor to proclaim a state of emergency in an area affected or likely to be affected thereby if (1) the Governor finds that certain conditions exist and (2) the Governor either is requested to do so by specified local officials or finds that local authority is inadequate to cope with the emergency. Upon the proclamation of a state of emergency, the CESA authorizes the Governor to exercise various, specified powers, including the power to promulgate, issue, and enforce orders and regulations that the Governor deems necessary. The CESA also authorizes the governing body of any city, county, or city and county, or an official designated by ordinance adopted by that governing body, to proclaim a local emergency, as provided. During a local emergency, the CESA authorizes the governing body of a political subdivision, or officials designated by the governing body, to promulgate orders and regulations necessary to provide for the protection of life and property, including orders or regulations imposing a curfew within designated boundaries where necessary to preserve the public order and safety.

This bill would enact the Emergency Power Limitation Act. The bill would require an emergency order, as defined, to be narrowly tailored to serve a compelling public health or safety purpose and limited in duration, applicability, and scope. The bill would authorize any person to bring an action to invalidate or enjoin enforcement of an emergency order that is allegedly unlawful. The bill would prohibit a state agency from issuing an emergency order that infringes on an express constitutional right, as defined, in a nontrivial manner, and would require that an emergency order issued by the Governor that infringes on an express constitutional right expire within specified time periods.

The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.