SB 933

Bill Subjects

Abstract

(1) Existing law, the California Emergency Services Act (CESA) , among other things, authorizes the Governor to proclaim a state of emergency in an area affected or likely to be affected thereby if (1) the Governor finds that certain conditions exist and (2) the Governor either is requested to do so by specified local officials or finds that local authority is inadequate to cope with the emergency. Upon the proclamation of a state of emergency, the CESA authorizes the Governor to exercise various, specified powers, including the power to promulgate, issue, and enforce orders and regulations that the Governor deems necessary. The CESA also authorizes the governing body of any city, county, or city and county, or an official designated by ordinance adopted by that governing body, to proclaim a local emergency, as provided. During a local emergency, the CESA authorizes the governing body of a political subdivision, or officials designated by the governing body, to promulgate orders and regulations necessary to provide for the protection of life and property, including orders or regulations imposing a curfew within designated boundaries where necessary to preserve the public order and safety. This bill would enact the Emergency Power Limitation Act. The bill would require an emergency order, as defined, to be narrowly tailored to serve a compelling public health or safety purpose and limited in duration, applicability, and scope. The bill would authorize any person to bring an action to invalidate or enjoin enforcement of an emergency order that is allegedly unlawful. The bill would prohibit a state agency from issuing an emergency order that infringes on an express constitutional right, as defined, in a nontrivial manner, and would require that an emergency order issued by the Governor that infringes on an express constitutional right expire within specified time periods. The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities. (2) Existing law establishes the Disaster Response-Emergency Operations Account (DREOA) within the Special Fund for Economic Uncertainties. Existing law continuously appropriates moneys in the DREOA, subject to certain limitations, for allocation by the Director of Finance to state agencies for disaster response operations costs, as defined, incurred as a result of a proclamation by the Governor of a state of emergency, as described above. Existing law provides that funds shall be allocated from the DREOA subject to specified conditions and upon notification by the Director of Finance to the Chairperson of the Joint Legislative Budget Committee and the chairpersons of the fiscal committees in each house of the Legislature. Existing law requires these allocations to be used for activities that occur within 120 days after a proclamation of emergency by the Governor, subject to 120-day extensions upon notification by the Director of Finance to the Chairperson of the Joint Legislative Budget Committee and the chairpersons of the fiscal committees in each house before the expiration of the 120-day period. This bill would remove the authority for allocations under these provisions to be extended beyond the initial 120-day period. Existing law authorizes the Director of Finance to transfer moneys from the Special Fund for Economic Uncertainties to the DREOA in an amount sufficient to pay the amount of the claims that exceed the unencumbered balance in the account, if the account requires additional moneys to meet claims against the account. This bill would require the Director of Finance to provide proper notification to the Joint Legislative Budget Committee and the chairpersons of the fiscal committees in each house upon an above-described transfer to the DREOA.