2020-03-12 Gov Newsom EO-N-25-20 Section 11 Brown ActEXECUTIVE DEPARTMENT
STATE OF CALIFORNIA
EXECUTIVE ORDER N-25-20
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, the virus remains a threat, and further
efforts to control the spread of the virus to reduce and minimize the risk of
infection are needed; and
WHEREAS state and local public health officials may, as they deem
necessary in the interest of public health, issue guidance limiting or
recommending limitations upon attendance at public assemblies, conferences,
or other mass events, which could cause the cancellation of such gatherings
through no fault or responsibility of the parties involved, thereby constituting a
force majeure; and
WHEREAS the Department of Public Health is maintaining up-to-date
guidance relating to COVID-19, available to the public at
http://cdph.ca.gov/covidl 9; and
WHEREAS the State of California and local governments, in collaboration
with the Federal government, continue sustained efforts to minimize the spread
and mitigate the effects of COVID-19; and
WHEREAS there is a need to secure numerous facilities to accommodate
quarantine, isolation, or medical treatment of individuals testing positive for or
exposed to COVID-19; and
WHEREAS, many individuals who have developmental disabilities and
receive services through regional centers funded by the Department of
Developmental Services also have chronic medical conditions that make them
more susceptible to serious symptoms of COVID-19, and it is critical that they
continue to receive their services while also protecting their own health and the
general public health; and
WHEREAS individuals exposed to COVID-19 may be temporarily unable to
report to work due to illness caused by COVI D-19 or quarantines related to
COVID-19 and individuals directly affected by COVID-19 may experience
potential loss of income, health care and medical coverage, and ability to pay
for housing and basic needs, thereby placing increased demands on already
strained regional and local health and safety resources such as shelters and
food banks; and
WHEREAS in the interest of public health and safety, it is necessary to
exercise my authority under the Emergency Services Act, specifically
Government Code section 8572, to ensure ade quate faciliti es exist to address
th e impacts of 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 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 8572, do hereby issue the following order to become effective
immediately:
IT IS HEREBY ORDERED THAT:
1. All residents are to heed any orders and guidance of state and local
public health officials, including but not limited to the imposition of
social distancing measures, to control the spread of COVID-19.
2. For the period that began January 24, 2020 through the duration of this
emergency, the Employment Development Department shall have the
discretion to waive the one-week waiting period in Unemployment
Insurance Code section 2627(b) (1) for disability insurance applicants
who are unemployed and disabled as a result of the COVID-19, and
who are otherwise eligible for disability insurance benefits.
3. For the period that began January 24, 2020 through the duration of this
emergency, the Employment Development Department shall have the
discretion to waive the one-week waiting period in Unemployment
Insurance Code section 1253(d) for unemployment insurance
applicants who are unemployed as a result of the COVID-19, and who
are otherwise eligible for unemployment insurance benefits.
4. Notwithstanding Health and Safety Code section 1797.172(b), during
the course of this emergency, the Director of the Emergency Medical
Services Authority shall have the authority to implement additions to
local optional scopes of practice without first consulting with a
committee of local EMS medical directors named by the EMS Medical
Directors Association of California.
5. In order to quickly provide relief from interest and penalties, the
provisions of the Revenue and Taxation Code that apply to the taxes
and fees administered by the Department of Tax and Fee
Administration, requiring the filing of a statement under penalty of
perjury setting forth the facts for a claim for relief, are suspended for a
period of 60 days after the date of this Order for any individuals or
businesses who are unable to file a timely tax return or make a timely
payment as a result of complying with a state or local public health
official's imposition or recommendation of social distancing measures
related to COVID-19.
6. The Franchise Tax Board, the Board of Equalization, the Department of
Tax and Fee Administration, and the Office of Tax Appeals shall us e
their administrative powers where appropriate to provide those
individuals and businesses impacted by complying with a state or local
public health official's imposition or recommendation of social
distancing measures related to COYID-19 with the extensions for filing,
payment, audits, billing, notices, assessments, claims for refund, and
relief from subsequent penalties and interest.
7. The Governor's Office of Emergency Services shall ensure adequate
state staffing during this emergency. Consistent with applicable federal
law, work hour limitations for retired annuitants, permanent and
intermittent personnel, and state management and senior supervisors,
are suspended. Furthermore, reinstatement and work hour limitations in
Government Code sections 21220, 21224(a), and 7522.56{b), (d), (f),
and (g), and the time limitations in Government Code section 19888. l
and California Code of Regulations, title 2, sections 300-303 are
suspended. The Director of the California Department of Human
Resources must be notified of any individual employed pursuant to
these waivers.
8. The California Health and Human Services Agency and the Office of
Emergency Services shall identify, and shall otherwise be prepared to
make available-including through the execution of any necessary
contracts or other agreements and, if necessary, through the exercise
of the State's power to commandeer property-hotels and other
places of temporary residence, medical facilities, and other facilities
that are suitable for use as places of temporary residence or medical
facilities as necessary for quarantining, isolating, or treating individuals
who test positive for COVID-19 or who have had a high-risk exposure
and are thought to be in the incubation period.
9. The certification and licensure requirements of California Code of
Regulations, Title 17, section l 079 and Business and Professions Code
section 1206.5 are suspended as to all persons who meet the
requirements under the Clinical Laboratory Improvement Amendments
of section 353 of the Public Health Service Act for high complexity
testing and who are performing analysis of samples to test for SARS-
CoY-2, the virus that causes COYID-19, in any certified public health
laboratory or licensed clinical laboratory.
l 0. To ensure that individuals with developmental disabilities continue to
receive the services and supports mandated by their individual
program plans threatened by disruptions caused by COYID-19, the
Director of the Department of Developmental Services may issue
directives waiving any provision or requirement of the Lanterman
Developmental Disabilities Services Act, the California Early
Inte rvention Services Act, and the accompanying regulations of Title
17, Division 2 of the California Code of Regulations. A directive may
delegate to the regional centers any authority granted to the
Department by law where the Director believes such delegation is
necessary to ensure services to individuals with developmental
disabilities. The Director shall describe the need justifying the waiver
granted in each directive and articulate how the waiver is necessary
to protect the public health or safety from the threat of COVID-19 or
necessary to ens ure that se rvices to individuals with dev e lopme ntal
disabilities are not disrupted. Any waiver granted by a directive shall
expire 30 days from the date of its issuance. 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.
11. Notwithstanding any other provision of state or local law, including the
Bagley-Keene Act or the Brown Act, a local legislative body or state
body is authorized to hold public meetings via teleconferencing and to
make public meetings accessible telephonically or otherwise
electronically to all members of the public seeking to attend and to
address the local legislative body or state body, during the period in
which state or local public officials impose or recommend measures to
promote social distancing, including but not limited to limitations on
public events. All requirements in both the Bagley-Keene Act and the
Brown Act expressly or impliedly requiring the physical presence of
members, the clerk or other personnel of the body, or of the public as
a condition of participation in or quorum for a public meeting are
hereby waived.
In particular, any otherwise-applicable requirements that
(i) state and local bodies notice each teleconference location
from which a member will be participating in a public
meeting;
(ii) each teleconference location be accessible to the public;
(iii) members of the public may address the body at each
teleconference conference location;
(iv) state and local bodies post agendas at all teleconference
locations;
(v) at least one member of the state body be physically present
at the location specified in the notice of the meeting; and
(vi) during teleconference meetings, a least a quorum of the
members of the local body participate from locations within
the boundaries of the territory over which the local body
exercises jurisdiction
are hereby suspended, on the conditions that:
(i) each state or local body must give advance notice of each
public meeting, according to the timeframe otherwise
prescribed by the Bagley-Keene Act or the Brown Act, and
using the means otherwise prescribed by the Bagley-Keene
Act or the Brown Act, as applicable; and
(ii) consistent with the notice requirement in paragraph (i), each
state or local body must notice at least one publicly
accessible location from which members of the public shall
have the right to observe and offer public comment at the
public meeting, consistent with the public's rights of access
and public comment otherwise provided for by the Bagley-
Keene Act and th e Brown Act, as applicable (including, but
not limited to, the requirement that such rights of access and
public comment be made available in a manner consistent
with the Americans with Disabilities Act).
In addition to the mandatory conditions set forth above, a ll state and
local bodies are urged to use sound discretion and to make
reasonable efforts to adhere as closely as reasonably possible to the
provisions of the Bagley-Keene Act and the Brown Act, and other
applicable local laws regulating the conduct of public meetings, in
order to maximize transparency and provide the public access to their
meetings.
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
ATTEST:
ALEX PADILLA
Secretary of State