2020-03-21 Gov Newsom EO-N-35-20 (claims)
EXECUTIVE ORDER N-35-20
WHEREAS on March 4, 2020, I proclaimed a State of Emergency to exist in
California as a result of the threat of COVID-19; and
WHEREAS despite sustained efforts, COVID-19 continues to spread and is
impacting nearly all sectors of California; and
WHEREAS it is imperative that clinics, hospice, mobile healthcare units, and
adult day health care facilities maximize the number of capable healthcare
workers to ensure that Californians impacted by COVID-19 are able to access
medical treatment; and
WHEREAS governmental entities must have sufficient staffing to
adequately address the impacts of COVID-19, and state and local governing
bodies must have critical and timely information relating to COVID-19; and
WHEREAS given the impacts of COVID-19 on governmental entities,
certain statutory deadlines would be impractical or impossible to adhere to;
and
WHEREAS on March 17, 2020, I issued Executive Order N-31-20, in which I
implemented measures to ensure the expeditious restoration of the supply
chain, and further action is needed to ensure the purpose of this action is
effectuated; and
WHEREAS state institutions housing vulnerable populations, such as those
operated by the Department of State Hospitals and the Department of
Developmental Services, require special measures to protect those populations
from COVID-19 and ensure continuity of care; and
WHEREAS under the provisions of Government Code section s 8571 and
8627.5, I find that strict compliance with various statutes, regulations, and certain
local ordinances specified or referenced herein would prevent, hinder, or delay
appropriate actions to prevent and mitigate the effects of the COVID-19
pandemic.
NOW, THEREFORE, I, GAVIN NEWSOM, Governor of the State of California,
in accordance with the authority vested in me by the State Constitution and
statutes of the State of California, and in particular, Government Code sections
8567, 8571, and 8627.5, do hereby issue the following Order to become effective
immediately:
IT IS HEREBY ORDERED THAT:
1) In order to assist in the care or to protect the health of individuals not in a
hospital or health facility, as defined in Health and Safety Code section
1250, and due to the COVID-19 outbreak, the director of the State
Department of Public Health may, for the duration of the declared
emergency, waive any of the licensing and staffing requirements of
chapters 1, 3.3, 8.5, and 9 of division 2 of the Health and Safety Code and
any accompanying regulations with respect to any clinic, adult day
health care, hospice, or mobile health care unit. Any waiver shall include
alternative measures that, under the circumstances, will allow the clinic,
adult day health care, hospice, or mobile health care unit to assist in the
care or protect the health of individuals while protecting public health
and safety. Any waivers granted pursuant to this paragraph shall be
posted on the Department’s website.
2) Notwithstanding Government Code section 54952.2, subdivision (b)(1), or
Government Code section 11122.5, subdivision (b)(1), or any other
provision of the Brown Act or the Bagley-Keene Act, as applicable, all
members of a local legislative body or state body may receive updates
(including, but not limited to, simultaneous updates) relevant to the
declared emergency (including, but not limited to, updates concerning
the impacts of COVID-19, the government response to COVID-19, and
other aspects relevant to the declared emergency) from federal, state,
and local officials, and may ask questions of those federal, state, and
local officials, in order for members of the legislative body to stay apprised
of emergency operations and the impact of the emergency on their
constituents. Nothing in this Order permits the members of a local
legislative body or state body to take action on, or to discuss amongst
themselves, any item of business that is within the subject matter
jurisdiction of the legislative body without complying with otherwise -
applicable requirements of the Brown Act or the Bagley-Keene Act,
respectively. Nothing in this section shall impact Paragraph 3 of Executive
Order N-29-20.
3) The suspension of statutes identified in Paragraph 7 of Executive Order E -
25-20, issued on March 12, 2020, shall also apply to local governments, as
applicable, to ensure adequate staffing to appropriately respond to the
COVID-19 pandemic.
4) Any local ordinance, including those relating to noise limitations, is
suspended to the extent it restricts, delays, or otherwise inhibits the
delivery of food products, pharmaceuticals, and other emergency
necessities distributed through grocery stores and other retail or
institutional channels, including, but not limited to, hospitals, jails,
restaurants, and schools.
5) To ensure that patients with mental or behavioral health conditions
continue to receive the services and support they need, notwithstanding
disruptions caused by COVID-19; and to protect the health, safety and
welfare of patients with mental or behavioral health conditions
committed to the State Department of State Hospitals facilities, as defined
by Welfare and Institutions Code Sections 4100 and 7200 ; the Director of
the State Department of State Hospitals may issue directives waiving any
provision or requirement of the Welfare and Institutions Code; any
provision or requirement of the Penal Code that affects the execution of
laws relating to care, custody, and treatment of persons with mental illness
committed to or in the custody of the State Department State Hospitals;
and the accompanying regulations of Title 9, Division 1 of the California
Code of Regulations. The Director shall describe the need for the waiver
granted in each directive and articulate how the waiver is necessary to
protect the public health or safety (including, but not limited to, the health
or safety of the individuals served at any Department-operated facility or
the staff serving such individuals) from the threat of COVID-19, or how the
waiver is necessary to ensure that services to individuals with mental or
behavioral health conditions are not disrupted. Any waiver granted by a
directive shall expire 30 days from the date of its issuance , except that the
Director may grant one or more 30-day extensions if the waiver continues
to be necessary to protect health or safety or to ensure delivery of
services. The Director shall rescind a waiver once it is no longer necessary
to protect public health or safety or ensure delivery of services. Any
waivers and extensions granted pursuant to this paragraph shall be
posted on the Department's website.
6) As needed to safeguard health of persons already admitted, committed,
or ordered to the facilities described in this paragraph and
notwithstanding the Penal Code, the Welfare and Institutions Code, or
any other statute or regulation, the Director of the Department of
Developmental Disabilities is authorized to deny admission or delay
discharge of all individuals judicially or otherwise admitted, committed or
ordered to the Porterville Developmental Center; the Canyon Springs
Community Facility; a Stabilization, Training Assistance, and Reintegration
(STAR) home; or any other facility under the jurisdiction or control of the
Department for 30 days after the issuance of this Order. The Director may
grant one or more 30-day extensions if such action is necessary to protect
the public health or safety (including, but not limited to, the health or
safety of the individuals served at any Department-operated facility or the
staff serving such individuals) from the threat of COVID-19. The Director of
the Department shall describe the need justifying the closure of
admissions to and delay in discharges from the Department-operated
facility. The Director shall authorize admissions and discharges once the
actions described in this paragraph are no longer necessary to protect
the public health or safety (including, but not limited to, the health or
safety of the individuals served at any Department-operated facility or the
staff serving such individuals). The Director shall post the notice of closure
of admissions and discharges and the extension of closure to the
Department facility on the Department’s website.
7) The deadlines specified in Education Code section 44242.7(a), an d
California Code of Regulations, title 5, section 80306, related to the
presentation of disciplinary cases to the Committee of Credentials for
initial review; Education Code section 44244(b)(1), related to the formal
review of disciplinary cases and determination of any adverse action by
the Committee of Credentials; Education Code section 44343.5, related
to the processing of military spouse or partner applications; and
Education Code section 44350, related to processing educator
applications, are extended for a period of 60 days.
8) The deadline specified in Government Code section 11517(c)(2), related
to an agency’s action on an administrative law judge’s proposed
decision, is extended for a period of 60 days.
9) The deadlines specified in Government Code section 1774(a), related to
the Governor’s reappointment of an in cumbent to an office, and
Government Code section 1774(b), related to transmittal of the required
information about reappointment of an incumbent to the Secretary of the
Senate, are extended for a period of 60 days.
10) The deadline specified in Government Code section 12011.5(c), related
to State Bar’s transmittal of its report to the Governor of its evaluation of all
judicial candidates referred by the Governor, is extended for a period of
60 days.
11) The time for presenting a claim pursuant to Government Code section
911, et seq., is hereby extended by 60 days. The time within which the
Department of General Services may act upon such claim is extended by
60 days.
12) The time limitation set forth in Penal Code section 4750(j) for any
jurisdiction submitting a claim for reimbursement is delayed for a period of
60 days. The State Controller shall have the discretion to provide the
additional time extension, as appropriate.
IT IS FURTHER ORDERED that as soon as hereafter possible, this Order be
filed in the Office of the Secretary of State and that widespread publicity and
notice be given of this Order.
This Order is not intended to, and does not, create any rights or benefits,
substantive or procedural, enforceable at law or in equity, against the State of
California, its agencies, departments, entities, officers, employees, or any other
person.
IN WITNESS WHEREOF I have
hereunto set my hand and caused
the Great Seal of the State of
California to be affixed this 21st day
of March 2020.
_____________________________
GAVIN NEWSOM
Governor of California
ATTEST:
_____________________________
ALEX PADILLA
Secretary of State