A. Definitions
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Section 8558. Degrees of emergency.
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Subsection (b) of this section defines Astate
of emergency@
to mean conditions of disaster or of extreme peril to the safety of
persons and property within the state caused by such conditions as air
pollution, . . . , sudden and severe energy shortage, . . . , or other
conditions, . . . , which conditions, by reason of their magnitude,
are or are likely to be beyond the control of the services, personnel,
equipment, and facilities of any single county or city and require the
combined forces of a mutual aid region or with respect to regulated
energy utilities, a sudden and severe energy shortage requires
extraordinary measures beyond the authority vested in the California
Public Utilities Commission.
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B. General Emergency Authority
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Section 8565. Additional powers.
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Declares that the Governor has additional powers
granted in Article 3 during a state of emergency. Court decisions have
given the Governor broad powers to deal with emergency situations.
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Section 8566. Expenditures.
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Gives the Governor the authority to expend any
existing appropriation for the support of the state of emergency.
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Section 8645. Expenditures.
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From any fund legally available during a state of
emergency.
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Section 8572. Commandeering private property or
personnel.
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Authorizes Governor to commandeer or utilize any
private property or personnel during a state of emergency if it is
deemed necessary to deal with the emergency. The state shall pay the
reasonable value for this property or these services.
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Section 8629. Termination of state of emergency;
proclamation.
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States that a state of emergency can be terminated
either by the Governor or by concurrent resolution of the Legislature
declaring the emergency at an end.
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C. Authority to Create, Amend, or Suspend Orders and Regulations
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Section 8567. Orders and regulations.
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Allows the Governor to make, amend, and rescind orders
and regulations during a state of emergency. These orders and
regulations should be in writing and shall take effect immediately
upon their issuance. However, once the state of emergency is
terminated, these orders and regulations will not be in effect. Any
orders and regulations relating to the use of funds during a state of
emergency shall be prepared in advance of any commitment or
expenditures of these funds. This section also exempts these laws from
the reviews of regulation regarding necessity, authority, clarity,
consistency, reference, and nonduplication (Section 11340).
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Continued |
C. Authority to Create, Amend, or Suspend Orders and
Regulations Continued
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Section 8571. Suspension of statutes, rules, and
regulations.
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Allows the Governor to suspend any regulatory statute
or statute prescribing the procedure for conduct of state business, or
the orders, rules, or regulations of any state agency if it is
believed compliance would in any way prevent, hinder, or delay the
mitigation of the effects of the emergency. This includes laws of
local governments.
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Section 8665. Violations; punishment.
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Allows the Governor to establish a fine for not
complying with orders during a state of emergency. The fine cannot
exceed $1,000 or six months imprisonment.
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D. Other Provisions
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Section 8614. Assistance to Governor and to Director of
Office of Emergency Services (OES); emergency powers subordinate to power
of Governor; continuation of ordinances and regulations.
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Requires each department, division, bureau, board,
commission, officer, and employee of each political subdivision of the
state to assist the Governor and the Director of the OES in carrying
out all orders during a state of emergency. Any power vested in a
local public official shall be subordinate to the Governor during a
state of emergency. Ordinances, orders, and regulations of a political
subdivision shall continue to be in effect during a state of emergency
except for any provision suspended or superseded by an order or
regulation issued by the Governor.
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Section 8628. Use of state personnel, equipment, and
facilities.
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Authorizes the Governor to direct all agencies of the
state government to utilize and employ state personnel, equipment, and
facilities for activities to prevent or alleviate threatened damage
due to the emergency. They may also require the state agencies to
provide supplemental services and equipment to political subdivisions
to restore services which must be restored in order to provide for the
health and safety of the citizens of the affected area. Any agency may
expend money appropriated to their agency for these purposes
regardless of the appropriated purpose.
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Section 8649. Use of personnel, property, equipment,
and appropriations by state agency with approval of Department of Finance.
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Allows any state agency to use its personnel,
property, equipment, and appropriations for carrying out actions
during a state of emergency subject to approval by the Department of
Finance (DOF). The DOF will also determine whether reimbursements
shall be made to any state agency for expenditures made from any
appropriation available for the OES, except funds that are subject to
constitutional restriction which prohibit their use for such purposes.
If determined reimbursable by DOF, the expenditures will be reimbursed
and the original expenditure shall be considered a temporary loan to
the General Fund.
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