AB 1687

Bill Subjects

Abstract

Existing law, the California Emergency Services Act (CESA) , among other things, authorizes the Governor to proclaim a state of emergency under certain circumstances and provides that a state of war emergency exists, with or without proclamation by the Governor, when specified conditions exist. During a state of war emergency or a state of emergency, the CESA authorizes the Governor to suspend any regulatory statute, or statute prescribing the procedure for the conduct of state business, or the orders, rules, or regulations of any state agency where the Governor determines and declares that strict compliance with any statute, order, rule, or regulation would in any way prevent, hinder, or delay the mitigation of the effects of the emergency. During a state of emergency, the CESA also authorizes the Governor to 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 essentials distributed through retail or institutional channels, as provided, until the termination of the state of emergency, or for a period of 60 days, whichever occurs first. If the Governor has proclaimed a state of emergency and the President has declared an emergency or a major disaster to exist in this state, the CESA also authorizes the Governor to, among other things, temporarily suspend or modify, for up to 60 days, public health, safety, zoning, or intrastate transportation laws, ordinances, or regulations if the Governor declares that the suspension or modification is essential to provide temporary housing for disaster victims. This bill would provide that the Governor may only suspend a statute or regulation during a state of emergency or state of war emergency, as described above, in connection with the specific conditions of emergency proclaimed by the Governor or state of war emergency, as applicable. With respect to the temporary suspension of statutes, ordinances, regulations, or rules imposing nonsafety related restrictions on emergency essentials, as described above, the bill would provide that the Governor may only temporarily suspend those statutes, ordinances, regulations, or rules in connection with the specific conditions of emergency proclaimed by the Governor. With respect to laws, ordinances, or regulations temporarily suspended or modified to provide temporary housing, as described above, the bill would provide that the Governor may only temporarily suspend those laws, ordinances, or regulations in connection with the specific conditions of emergency proclaimed by the Governor and declared by the President to be an emergency or major disaster. The bill would also make conforming and other nonsubstantive changes.