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

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 annual state budget process or other state legislation and changes to law or regulation should be undertaken through state legislation.

This bill would require the Governor, in the exercise of the authority granted under the CESA, to first affirm that the Legislatures budget and policy processes cannot be followed without negatively impacting response or recovery activities and thereafter promulgate, issue, and enforce orders and regulations as the Governor deems necessary. The 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 reasons why the Legislatures budget and policy processes, as defined, are insufficient to address these needs.

Existing law requires the Governor to proclaim the termination of a state emergency at the earliest possible date that conditions warrant. Existing law requires all of the powers granted to the Governor by the CESA with respect to a state of emergency to terminate when the state of emergency has been terminated by proclamation of the Governor or by concurrent resolution of the Legislature declaring it at an end.

This bill would automatically terminate an active state of emergency at the end of the next fiscal year following the Governors proclamation unless the Governor complies with certain review and notification requirements and issues a proclamation to renew the state of emergency, as specified. In this regard, the bill would require the Governor to review the state of emergency and corresponding executive orders to determine whether they need to remain in effect. The bill would also require the Governor to provide the Joint Legislative Budget Committee (JLBC) and the Legislative Analysts Office (LAO) with a notification of the necessity of renewing the state of emergency that includes, among other things, which executive orders are still needed to respond to the emergency. The bill would require that notification to be provided at least 30 days before the Governor issues a renewal proclamation, or whatever lesser time the chairperson of the JLBC may determine. The bill would require the Office of Emergency Services (OES), in collaboration with responding federal, state, and local entities, to collect and submit the required information to the JLBC and the LAO. The bill would require the renewal proclamation to identify which executive orders are still needed. Under the bill, any executive order not identified as necessary in the renewal proclamation would automatically expire. Before issuing any new executive order under a renewed state of emergency, the bill would require the Governor to notify the JLBC and the LAO at least 72 hours in advance, or whatever lesser time is determined by the chairperson of the JLBC. The bill would automatically terminate a renewed state of emergency at the end of the next fiscal year following the most recent renewal, unless the Governor complies with the requirements described above. The bill would require OES, within a year from the date of termination of a state of emergency, to prepare and submit a prescribed report to the JLBC and LAO about the state of emergency.

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.

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.