Article 13. State Of Emergency of California Government Code >> Division 1. >> Title 2. >> Chapter 7. >> Article 13.
The Governor is hereby empowered to proclaim a state of
emergency in an area affected or likely to be affected thereby when:
(a) He finds that circumstances described in subdivision (b) of
Section 8558 exist; and either
(b) He is requested to do so (1) in the case of a city by the
mayor or chief executive, (2) in the case of a county by the chairman
of the board of supervisors or the county administrative officer; or
(c) He finds that local authority is inadequate to cope with the
emergency.
Such proclamation shall be in writing and shall take effect
immediately upon its issuance. As soon thereafter as possible such
proclamation shall be filed in the office of the Secretary of State.
The Governor shall cause widespread publicity and notice to be given
such proclamation.
During a state of emergency the Governor shall, to the extent
he deems necessary, have 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 of California in order to effectuate the
purposes of this chapter. In exercise thereof, he shall promulgate,
issue, and enforce such orders and regulations as he deems necessary,
in accordance with the provisions of Section 8567.
(a) 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.
(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or regulation is rescinded by the Governor, the Governor proclaims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.
(a) During a period for which the Governor has issued a
proclamation of a state of emergency under this chapter based on
drought conditions, a city, county, or city and county shall not
impose a fine under any ordinance for a failure to water a lawn or
for having a brown lawn.
(b) A violation of this section is not subject to the criminal
penalties set forth in Section 8665.
During a state of emergency the Governor may direct all
agencies of the state government to utilize and employ state
personnel, equipment, and facilities for the performance of any and
all activities designed to prevent or alleviate actual and threatened
damage due to the emergency; and he may direct such agencies to
provide supplemental services and equipment to political subdivisions
to restore any services which must be restored in order to provide
for the health and safety of the citizens of the affected area. Any
agency so directed by the Governor may expend any of the moneys which
have been appropriated to it in performing such activities,
irrespective of the particular purpose for which the money was
appropriated.
The Governor shall proclaim the termination of a state of
emergency at the earliest possible date that conditions warrant. All
of the powers granted the Governor by this chapter with respect to a
state of emergency shall 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.