2023-08-19 Emergency Proclamation - CA State Hurricane HilaryEXECUTIVE DEPARTMENT
STATE OF CALIFORNIA
PROCLAMATION OF A STATE OF EMERGENCY
WHEREAS on August 18, 2023, Hurricane Hilary began bringing heavy rain,
flooding, lightning, and gusty winds to Southern California, necessitating the
prepositioning of significant resources, including swift water rescue teams and
the California National Guard, to protect health and safety and preserve the
lives and property of the people of the State of California; and
WHEREAS the National Weather Service issued a Tropical Storm Warning
on August 18, 2023, for portions of the Southern California coast, which are
forecast to experience increased swells and life-threatening surf and rip current
conditions; and
WHEREAS the National Weather Service issued a series of Flood Watches
on August 18, 2023, warning of potential significant flooding between August 19,
2023, and August 22, 2023, in Alpine, Fresno, Imperial, Inyo, Kern, Los Angeles,
Mono, Orange, Riverside, San Bernardino, San Diego, San Luis Obispo, Santa
Barbara, Tulare, and Ventura Counties; and
WHEREAS the National Weather Service issued a series of Flash Flood
Warnings on August 18, 2023, for San Bernardino County, and on August 19,
2023, for Kern County; and
WHEREAS threats of lightning and significant wind impacts with gusts up to
or exceeding 70 miles per hour are anticipated in mountainous areas
throughout Southern California and are likely to exacerbate fire conditions; and
WHEREAS the National Weather Service has warned that Hurricane Hilary
may bring the potential for isolated tornadoes across portions of Southern
California; and
WHEREAS the Los Angeles County Emergency Management Department
advised residents and visitors evacuate Catalina Island as of 12:00 a.m. on
August 19, 2023; and
WHEREAS numerous wildfires over the last several years have caused
massive burn scars, exacerbating the potential for precipitation to cause
dangerous and potentially catastrophic flooding and debris flows, and
Hurricane Hilary is forecast to bring 3 to 6 inches of rain within a short period of
time in Southern California, including over the Apple and El Dorado burn scars in
Riverside and San Bernardino Counties, the Fairview and Bonny burn scars in
Riverside County, and the Bobcat, Bond, Lake, and Fish burn scars in Los Angeles
County; and
WHEREAS Hurricane Hilary is expected to prompt widespread
evacuations and shelter -in-place orders; to threaten, damage, or destroy
homes and critical infrastructure, including power and water lines, businesses,
and roads; and to necessitate the deployment of search and rescue teams in
areas impacted by significant debris flow; and
WHEREAS Hurricane Hilary, including associated debris flows, is expected
to damage or destroy roads in Southern California; and
WHEREAS under the provisions of Government Code section 8558(b), I
find that conditions of extreme peril to the safety of persons and property exist
due to Hurricane Hilary in Fresno, Imperial, Inyo, Kern, Los Angeles, Orange,
Riverside, San Bernardino, San Diego, Tulare, and Ventura Counties; and
WHEREAS under the provisions of Government Code section 8558(b), I
find that the conditions caused by Hurricane Hilary, by reason of their
magnitude, are or are likely to be beyond the control of the services,
personnel, equipment, and facilities of any single local government and
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 magnitude of the
extreme peril posed by Hurricane Hilary; and
WHEREAS under the provisions of Government Code section 8571, I find
that strict compliance with various statutes and regulations specified in this
Proclamation would prevent, hinder, or delay the mitigation of the effects of
Hurricane Hilary.
NOW, THEREFORE, 1, GAVIN NEWSOM, Governor of the State of California,
in accordance with the authority vested in me by the State Constitution and
statutes, including the California Emergency Services Act, and in particular,
Government Code section 8625, HEREBY PROCLAIM A STATE OF EMERGENCY to
exist in Fresno, Imperial, Inyo, Kern, Los Angeles, Orange, Riverside, San
Bernardino, San Diego, Tulare, and Ventura Counties.
IT IS HEREBY ORDERED THAT:
1. All agencies of the state government shall utilize and employ state
personnel, equipment, and facilities for the performance of any and
all activities consistent with the direction of the Office of Emergency
Services and the State Emergency Plan. Also, all individuals are to
obey the direction of emergency officials with regard to this
emergency in order to protect their safety.
2. The Office of Emergency Services shall provide assistance to local
governments, if appropriate, 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.
3. As necessary to assist local governments and for the protection of
public health and the environment, state agencies shall enter into
contracts to arrange for the procurement of materials, goods,
and services necessary to quickly assist with the response to and
recovery from the impacts of Hurricane Hilary. Applicable
provisions of the Government Code and the Public Contract
Code, including but not limited to travel, advertising, and
competitive bidding requirements, are suspended to the extent
necessary to address the effects of Hurricane Hilary.
4. Any fairgrounds the Office of Emergency Services determines
suitable to assist individuals impacted by Hurricane Hilary shall be
made available to the Office of Emergency Services pursuant to
the Emergency Services Act, Government Code section 8589. The
Office of Emergency Services shall notify the fairgrounds of the
intended use and may immediately utilize the fairgrounds without
the fairground board of directors' approval.
5. The California National Guard may be mobilized under Military
and Veterans Code section 146 to support disaster response and
relief efforts, as directed by the Office of Emergency Services,
and to coordinate with all relevant state agencies and state and
local emergency responders and law enforcement within the
impacted areas. Sections 147 and 188 of the Military and
Veterans Code are applicable during the period of participation
in this mission, exempting the California Military Department from
applicable procurement rules for specified emergency
purchases, and those rules are hereby suspended.
6. Any state-owned properties the Office of Emergency Services
determines are suitable to address the impacts of Hurricane Hilary
shall be made available to the Office of Emergency Services for
this purpose in accordance with Government Code section 8570.
7. The provisions of Unemployment Insurance Code section 1253
imposing a one-week waiting period for unemployment insurance
applicants are suspended as to all applicants who are
unemployed as a direct result of Hurricane Hilary and apply for
unemployment insurance benefits during the time period
beginning August 19, 2023, and ending on the close of business
on February 20, 2024, in Fresno, Imperial, Inyo, Kern, Los Angeles,
Orange, Riverside, San Bernardino, San Diego, Tulare, and
Ventura Counties, and who are otherwise eligible for
unemployment insurance benefits.
8. Vehicle Code sections 9265(a), 9867, 14901, 14902, and 15255.2,
requiring the imposition of fees, are suspended with regard to any
request for replacement of an identification card, driver's license
card, vehicle registration certificate, certificate of title, or
registration stickers, by any individual who loses such records as a
result of Hurricane Hilary in Fresno, Imperial, lnyo, Kern, Los
Angeles, Orange, Riverside, San Bernardino, San Diego, Tulare,
and Ventura Counties. Such records shall be replaced without
charge.
9. The provisions of Vehicle Code sections 4602 and 5902, requiring
the timely registration or transfer of title, are suspended with
regard to any registration or transfer of title by any individual who
is unable to comply with those requirements as a result of
Hurricane Hilary in Fresno, Imperial, lnyo, Kern, Los Angeles,
Orange, Riverside, San Bernardino, San Diego, Tulare, and
Ventura Counties. The time covered by this suspension shall not
be included in calculating any late penalty pursuant to Vehicle
Code section 9554.
10. Health and Safety Code sections 103525.5 and 103625, and Penal
Code section 14251, requiring the imposition of fees, are
suspended with regard to any request for copies of certificates of
birth, death, marriage, and dissolution of marriage records, by any
individual who loses such records as a result of Hurricane Hilary in
Fresno, Imperial, lnyo, Kern, Los Angeles, Orange, Riverside, San
Bernardino, San Diego, Tulare, and Ventura Counties. Such copies
shall be provided without charge.
11. The California Department of Transportation shall formally request
immediate assistance through the Federal Highway
Administration's Emergency Relief Program, United States Code,
Title 23, section 125, in order to obtain federal assistance for any
local road and highway repairs or reconstruction that are needed
due to Hurricane Hilary.
12. Drivers may exceed the hours -of -service limits specified in
California Vehicle Code section 34501.2 and California Code of
Regulations, Title 13, section 1212.5 while operating a vehicle
engaged in fuel transportation in support of Hurricane Hilary
emergency relief efforts, subject to the following conditions:
a. Motor carriers or drivers currently subject to an out -of -service
order are eligible for the exemption once the out -of -service
order expires or when they have met the conditions for its
rescission.
b. In accordance with Section 1214, Title 13, California Code of
Regulations, no motor carrier operating under the terms of
this Proclamation will require or allow an ill or fatigued driver
to operate a motor vehicle. A driver who notifies a motor
vehicle carrier that they need immediate rest shall be given
at least ten consecutive hours off-duty before being required
to return to service.
c. Drivers shall maintain a driver's record of duty status,
regardless of number of hours worked each day. These
records shall be prepared, submitted, and maintained as
required by Section 1213, Title 13, California Code of
Regulations.
13. Consistent with Parts 390 and 395, Title 49, Code of Federal
Regulations, drivers may exceed the hours -of -service limits
specified while operating a vehicle engaged in fuel
transportation in support of Hurricane Hilary emergency relief
efforts. These waivers shall be in effect for the duration of the
driver's direct assistance in providing emergency relief, or thirty
(30) days from the date of this Proclamation, whichever is less.
14. In order to allow out-of-state contractors and other utilities driving
their own vehicles to provide mutual aid assistance for the
restoration of electrical power within the counties impacted by
Hurricane Hilary, applicable provisions of the Vehicle Code
including, but not limited to, Vehicle Code section 34620 requiring
a motor carrier permit [licensing] and imposition of certain fees,
are suspended for motor carriers providing such assistance. Also,
the requirements for motor carriers and drivers in Vehicle Code
sections 1808.1 [pull -notice program that checks for driver's
license violations], 27900 [display name on vehicle], 27901 [size
and color of display name on vehicle], 34505.5 [requirement to
have been inspected within 90 days], and 34501.12 [requirement
to set up home base in California] are suspended while providing
mutual aid assistance for the emergency restoration of services.
I FURTHER DIRECT that as soon as hereafter possible, this Proclamation be
filed in the Office of the Secretary of State and that widespread publicity and
notice be given of this Proclamation.
This Proclamation 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
Californi to be affixe • this 19th day
of Augu 2023.
•
Gover
ATTEST:
wSO
•
r of California
SHIRLEY N. WEBER, Ph.D.
Secretary of State