SB 1020: State of emergency: Governor’s powers and annual report.

Existing law, the California Emergency Services Act (CESA), among other things, authorizes the Governor to proclaim a state of emergency in an area affected by, or likely to be affected by, conditions of disaster or extreme peril to the safety of persons and property within the state if specified local officials request the proclamation or the Governor determines that local authority is inadequate to cope with the emergency. During a state of emergency, existing law confers on the Governor, to the extent the Governor deems necessary, complete authority over all agencies of the state government and the right to exercise within the area designated all police power vested in the state by the Constitution and laws of the state to effectuate the purposes of the CESA. Existing law requires the Governor, in the exercise of that authority, to promulgate, issue, and enforce orders and regulations as the Governor deems necessary.

This bill would state the intent of the Legislature, in enacting the CESA, to provide flexibility for the administration to respond to emergencies, but not an alternative legislative, budget, or regulatory process. The bill would further state that, to the greatest extent possible, additional spending should be undertaken through the Legislatures budget and policy process, as defined, and changes to law or regulation should be undertaken through state legislation.

This bill would further require the Governor, in cases where the Governor orders the suspension or modification of existing statutes or regulations, including the state Budget Act, or promulgates new statutes or regulations, to demonstrate in each order the need for those suspensions, modifications, or promulgations and specify the general reasons why the Legislatures budget and policy processes are insufficient to address these needs.

The bill would require the Office of Emergency Services, within a year from the date of termination of a state of emergency, on or before July 1, 2027, and on or before July 1 of each year thereafter, to prepare and submit a prescribed annual report to the Joint Legislative Budget Committee Legislature and the Legislative Analysts Office about the state of emergency. consisting of a review of all open state of emergency proclamations.

Existing law establishes the Disaster Response-Emergency Operations Account in the Special Fund for Economic Uncertainties. Moneys in the account are continuously appropriated, subject to specified limitations, for allocation by the Director of Finance to state agencies for disaster response operation costs incurred by state agencies as a result of a state of emergency proclamation by the Governor. Existing law requires funds to be allocated from the account subject to certain conditions and upon notification by the Director of Finance to the Chairperson of the Joint Legislative Budget Committee and the chairpersons of the fiscal committees in each house.

This bill would state the intent of the Legislature in enacting existing law to provide flexibility for the administration in response to unanticipated emergency expenses. The bill would further state that existing law does not provide an alternative budget process, and proposals for additional spending ordinarily should be considered in the annual state budget or other state legislation to the greatest extent possible, as specified. The bill would require notification by the Director of Finance to include certain information, including a description of the entities that will receive funding allocations from the account.