2020-03-04 Gov Newsom Proclaiming CA State EmergencyEXECUTIVE DEPARTMENT
STATE OF CALIFORNIA
PROCLAMATION OF A STATE OF EMERGENCY
WHEREAS in December 2019, an outbreak of respiratory ill ness due
to a novel coronavirus (a disease now known as COVID-19), was first
identified in Wuhan City, Hubei Province, China , and has spread outside
of China, impacting more than 75 countries, including the United States;
and
WHEREAS the State of California has been working in close
collaboration with the national Centers for Disease Control and Prevention
(CDC), with the United States Health and Human Services Agency, and
with local health departments since December 2019 to monitor and plan
for the potential spread of COVID-19 to the United States; and
WHEREAS on January 23, 2020, the CDC activated its Emergency
Response System to provide ongoing support for the response to COVID-
19 across the country; and
WHEREAS on January 24, 2020, the California Department of Public
Health activated its Medical and Health Coordination Center and on
March 2, 2020, the Office of Emergency Services activated the State
Operations Center to support and guide state and local actions to
preserve public health; and
WHEREAS the California Department of Public Health has been in
regular communication with hospitals, clinics and other health providers
and has provided guidance to health facilities and providers regarding
COVID-19; and
WHEREAS as of March 4, 2020, across the globe, there are more
than 94,000 confirmed cases of COVID-19, tragically resulting in more than
3,000 deaths worldwid e ; and
WHEREAS as of March 4, 2020, there are 129 confirmed cases of
COVID-19 in the United States, including 53 in California, and more than
9,400 Californians across 49 counties are in home monitoring based on
possible travel-based exposure to the virus, and officials expect the
number of cases in California, the United States, and worldwide to
increase; and
WHEREAS for more than a decade California has had a robust
pandemic influenza plan, supported local governments in the
development of local plans, and required that state and local plans be
regularly updated and exercised; and
WHEREAS California has a strong f e d e ra l, state and loc al public
he alth and h e alth care d e liv e ry syst e m tha t has eff e ctive ly res ponde d to
prior events including the Hl Nl influe nza virus in 2009 , and most recently
Ebola; and
WHEREAS experts anticipate that while a high percentage of
individuals affected by COVID-19 will experience mild flu-like symptoms ,
some will have more serious symptoms and require hospitalization,
particularly individuals who are elderly or already have underlying chronic
health conditions; and
WHEREAS it is imperative to prepare for and respond to suspected or
confirmed COVID-19 cases in California, to implement measures to
mitigate the spread of COVID-19, and to prepare to respond to an
increasing number of individuals requiring medical care and
hospitalization; and
WHEREAS if COVID-19 spreads in California at a rate comparable to
the rate of spread in other countries, the number of persons requiring
medical care may exceed locally available resources, and controlling
outbreaks minimizes the risk to the public, maintains the health and safety
of the people of California, and limits the spread of infection in our
communities and within the healthcare delivery system; and
WHEREAS personal protective equipment (PPE) is not necessary for
use by the general population but appropriate PPE is one of the most
effective ways to preserve and protect California's healthcare workforce
at this critical time and to prevent the spread of COVID-19 broadly; and
WHEREAS state and local health departments must use all available
preventative measures to combat the spread of COVID-19, which will
require access to services, personnel, equipment, facilities, and other
resources, potentially including resources beyond those currently
available, to prepare for and respond to any potential cases and the
spread of the virus; and
WHEREAS I find that conditions of Government Code section
8558 (b), relating to the declaration of a State of Emergency, have been
met; and
WHEREAS I find that the conditions caused by COVID-19 are likely to
require the combined forces of a mutual aid region or regions to
appropriately respond; and
WHEREAS under the provisions of Government Code section
8625(c), I find that local authority is inadequate to cope with the threat
posed by COVID-19; and
WHEREAS under the provisions of Government Code section 8571, I
find that strict compliance with various statutes and regulations specified
in this order would prevent, hinder, or delay appropriate actions to
prevent and mitigate the effects of the COVID-19.
NOW, THEREFORE, I, GAVIN NEWSOM, Governor of the State of
California, in a c cordan ce with the authority v e sted in me by the State
C onstitution and statute s, includin g the Califo rnia Em e rgenc y Se rvi c es
Act, and in particular, Government Code section 8625, HEREBY PROCLAIM
A STATE OF EMERGENCY to exist in California.
IT IS HEREBY ORDERED THAT:
1. In preparing for and responding to COVID-19, all agencies of the
state government use and employ state personnel, equipment,
and facilities or perform any and all activities consistent with the
direction of the Office of Emergency Services and the State
Emergency Plan, as well as the California Department of Public
Health and the Emergency Medical Services Authority. Also , a ll
residents are to heed the advice of emergency officials with
regard to this emergency in order to protect their safety.
2. As necessary to assist local governments and for the protection
of public health, state agencies shall enter into contracts to
arrange for the procurement of materials, goods, and services
needed to assist in preparing for, containing, responding to,
mitigating the effects of, and recovering from the spread of
COVID-19 . Applicable provisions of the Government Code and
the Public Contract Code, including but not limite d to travel,
advertising, and competitive bidding requirements, are
suspended to the extent necessary to address the effects of
COVID-19.
3. Any out-of-state personnel , including, but not limited to, medical
personnel, entering California to assist in preparing for,
responding to, mitigating the effects of, and recovering from
COVID-19 shall be permitted to provide services in the same
manner as prescribed in Government Code section 179.5, with
respect to licensing and certification. Permission for any such
individual rendering service is subject to the approval of the
Director of the Em e rgency Medical Services Authority for
medical personnel and the Director of the Office of Emergency
Services for non-medical personnel and shall be in effect for a
period of time not to exceed the duration of this emergency.
4. The time limitation set forth in Penal Code section 396 , subdivision
(b), prohibiting price gouging in time of emergency is hereby
waived as it relates to emerge ncy supplies and medic al supplies.
These price gouging protections sha ll be in effect through
September 4, 2020.
5. Any state-owned properties that the Office of Emergency
Services determines are suitable for use to assist in preparing for,
responding to, mitigating th e effects of, or recovering from
COVID-19 shall be made available to the Office of Em e rgency
Services for this purpose, notwithstanding any state or local law
that would restrict , delay, or otherwise inhibit such use .
6. Any fairgrounds that the Office of Emergency Services
determines are suitable to assist in preparing for, responding to,
mitigating the e ffects of, or recovering from COVID-19 shall be
made available to the Office o f Emerge nc y Se rvi ces pursuant t o
the Emergency Services Act, Government Code section 8589.
The Office of Emergency Services shall notify the fairgrounds of
the intended use and can immediately use the fairgrounds
without the fairground board of directors' approval, and
notwithstanding any state or loca l law that would restrict, delay,
or otherwise inhibit such use.
7. The 30-day time period in Health and Safety Code section
l 01080, within which a local governing authority must renew a
local health emergency, is hereby waived for the duration of this
statewide emergency. Any such local health emergency will
remain in effect until each local governing authority terminates
its respective local health emergency.
8. The 60-day time period in Government Code section 8630, within
which local government authorities must renew a local
emergency, is hereby waived for the duration of this statewide
emergency. Any local emergency proclaimed will remain in
effect until each local governing authority terminates its
respective local emergency.
9. The Office of Emergency Services shall provide assistance to
local governments that have demonstrated extraordinary or
disproportionate impacts from COVID-19, if appropriate and
necessary, under the authority of the California Disaster
Assistance Act Government Code section 8680 et seq., and
California Code of Regulations, Title 19, section 2900 et seq.
l 0. To ensure hospitals and other health facilities are able to
adequately treat patients legally isolated as a result of COVID-
19, the Director of the California Department of Public Health
may waive any of the licensing requirements of Chapter 2 of
Division 2 of the Health and Safety Code and accompanying
regulations with respect to any hospital or health facility
identified in Health and Safety Code section 1250. Any waiver
shall include alternative measures that, under the circumstances,
will allow the facilities to treat legally isolated patients while
protecting public health and safety. Any facilities being granted
a waiver shall be established and operated in accordance with
the facility's required disaster and mass casualty plan. Any
waivers granted pursuant to this paragraph shall be posted on
the Department's website.
11. To support consistent practices across California, state
departments, in coordination with the Office of Emergency
Services, shall provide updated and specific guidance relating
to preventing and mitigating COVID-19 to schools, employers,
employees, first responders and community care facilities by no
later than March l 0, 2020 .
12. To promptly respond for the protection of public health, state
entities are, notwithstanding any other state or local law,
authorized to share relevant medical information, limited to the
patient's underlying health conditions, age, current condition,
date of exposure, and possible contact tracing, as necessary to
address the effect of the COVID-19 outbreak with state, local,
federal, and nongovernmental partners, with such information to
be used for the limited purposes of monitoring, investigation and
control, and treatment and coordination of care. The
notification requirement of Civil Code section 1798.24,
subdivision (i), is suspended.
13. Notwithstanding Health and Safety Code sections 1797 .52 and
1797.218, during the course of this emergency, any EMT-P
licensees shall hove the authority to transport patients to
medical facilities other than acute care hospitals when
approved by the California EMS Authority. In order to carry out
this order, to the extent that the provisions of Health and Safety
Code sections 1797.52 and 1797.218 may prohibit EMT-P
licensees from transporting patients to facilities other than acute
care hospitals, those statutes are hereby suspended until the
termination of this State of Emergency.
14. The Department of Social Services may, to the extent the
Department deems necessary to respond to the threat of
COVID-19, waive any provisions of the Health and Safety Code
or Welfare and Institutions Code, and accompanying
regulations, interim licensing standards, or other written policies
or procedures with respect to the use, licensing, or approval of
facilities or homes within the Department's jurisdiction set forth in
the California Community Care Facilities Act (Health and Safety
Code section 1500 et seq.), the California Child Day Care
Facilities Act (Health and Safety Code section 1596.70 et seq.),
and the California Residential Care Facilities for the Elderly Act
(Health and Safety Code section 1569 et seq.). Any waivers
granted pursuant to this paragraph sha ll be posted on the
Department's website.
I FURTHER DIRECT that as soon as hereafter possible, this
proclam a tion be filed in the Office of the Secretary of State and that
widespread publicity and notice be given of this proclamation.
IN WITNESS WHEREOF I have
hereunto se t my hand and caused
the Great Seal of the State of
affixed this 4th day
ATTEST:
ALEX PADILLA
Secretary of State