07/02/2008 Print Version
WHEREAS on May 9, 2008, I issued Executive Order S-03-08, which boosted the State's
preparedness for wildfire season and directed CAL FIRE to immediately mobilize
critical firefighting resources and personnel to save lives and homes statewide;
and
WHEREAS beginning on or about
May 22, 2008, wildfires began igniting throughout Northern
California; and
WHEREAS more than a thousand
fires continue to burn in Northern California, most ignited by lightning
strikes; and
WHEREAS the fires have been
exacerbated by dry conditions and high winds; and
WHEREAS in response to these
fires, I declared a State of Emergency in the
counties of Santa Cruz (May 22 and June 12),
Santa Clara (May 24), Butte (June 11), Monterey and Trinity (June 23), Mendocino and
Shasta (June 26), Plumas and Kern (June 30), and Mariposa (July 1);
and
WHEREAS these wildfires have caused harm to
people and property, have resulted in the evacuation of various areas, and have
caused damage to resources and watershed in Northern California; and
WHEREAS these fires have burned over 400,000 acres of land
and numerous structures, causing the loss of valuable personal and business
records; and
WHEREAS on
June 26, 2008, I asked the President of the United States to declare an
emergency for California in response to the Northern California fires, and on
June 28, 2008, the President declared that an emergency exists in California and
ordered federal aid to supplement State and local response efforts;
and
WHEREAS the people who have lost, or
sustained damage to, their homes, property, businesses or places of employment,
may need to obtain or replace important government records such as certificates
of birth, death, fetal death, or marriage, as well as marriage dissolution
records, driver's licenses, identification cards, vehicle registration
certificates, and certificates of title, to obtain assistance from federal,
state and local governmental agencies, make claims for and collect insurance,
find new employment, and for other purposes related to losses suffered in the
fires; and
WHEREAS those who need to obtain or replace important
government records to mitigate their losses and rebuild their lives as a
consequence of the fires require immediate assistance from state and local
governmental agencies to replace those records; and
WHEREAS existing law requires the Office of Vital Records of
the Department of Public Health, along with local registrars, county recorders
and county clerks, to impose fees upon persons requesting copies of certificates
of birth, death, fetal death, and marriage, and marriage dissolution records,
and existing law requires the State Department of Motor Vehicles to impose fees
upon persons requesting replacement driver's licenses, identification cards,
vehicle registration certificates, and certificates of title; and
WHEREAS existing law requires the State Department of Motor
Vehicles to impose late fees on persons who are late in renewing their vehicle
registration or late in transferring ownership of a vehicle; and
WHEREAS existing law requires the State Department of Housing
and Community Development to impose fees on persons who are late in renewing
their manufactured home registration or late in transferring ownership of a
manufactured home; and
WHEREAS the suspension of statutory requirements for
imposition of fees would assist fire victims; and
WHEREAS on June 22, 2008, I issued
Executive Order S-07-08, suspending fees and helping recovery efforts for fire
victims in the counties of Butte and Santa Cruz;
and
WHEREAS the fires have created a substantial
amount of structural and vegetation debris, and the potential for erosion and
contamination of important watersheds; and
WHEREAS my Office of Emergency Services has
successfully used Local Assistance Centers to coordinate and expedite disaster
assistance by providing "one-stop" centers where those affected by an emergency
may obtain all services provided by governmental and community organizations;
and
WHEREAS on June 20, 2008, I announced the
opening of one-stop centers to assist Butte County fire victims;
and
WHEREAS the California Military Department,
through the California National Guard, has the capability to protect the lives
and property of the people of the state during periods of natural disaster and
civil disturbances, and to perform other functions required by the California
Military Department or as directed by the Governor;
and
WHEREAS on June 21, 2008, I ordered the
California National Guard to assist in combating the Northern California
wildfires
NOW,
THEREFORE, I, ARNOLD SCHWARZENEGGER, Governor of the State
of California, in accordance with the authority vested in me by the Constitution
and statutes of the State of California, including the Emergency Services Act
and in particular Government Code sections 8567 and 8571, do hereby issue the
following orders to become effective immediately:
IT IS
ORDERED THAT:
1. The California National
Guard shall continue to be mobilized under California Military and Veterans Code
section 146 (mobilization in case of catastrophic fires) to support disaster
response and relief efforts and coordinate with all relevant state agencies,
including my Office of Emergency Services, and all relevant 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.
2. The provisions of Health and Safety Code
sections 103525.5 and 103625, and the provisions of Penal Code section 14251,
requiring the imposition of fees, are hereby suspended with regard to requests
for copies of certificates of birth, death, fetal death or marriage, or marriage
dissolution records in the possession of the Department of Public Health, by any
resident of the counties of Santa
Clara, Monterey, Trinity, Mendocino, Shasta, Plumas, Kern or Mariposa
who suffered a loss of, or damage to, property, business, or
employment, due to the fires. Copies of certificates of birth, death, fetal
death, or marriage, or marriage dissolution records, shall be provided to such
persons without charge.
3. Health and Safety Code sections
18114 and 18116, requiring the imposition of fees, and California Code of
Regulations Title 25 section 5660 subsections (b),(c), (f), and (g) relating to
fees for salvage transfers, transfer penalties and duplicate certificates of
title or registration, are hereby suspended with regard to any late renewal of
registration certificate or certificate of title for a manufactured home by any
registered owner who lost those documents as a result of the fires. Those
documents shall be replaced without charge.
4. The provisions of Vehicle
Code sections 9265(a), 9867, 14901, 14902 and 15255.2, requiring the imposition
of fees, are hereby suspended with regard to any request for replacement of a
driver's license, identification card, vehicle registration certificate or
certificate of title by any resident of the counties of Santa Clara, Monterey, Trinity, Mendocino, Shasta, Plumas,
Kern or Mariposa who suffered a loss of such documents in the
fires. A replacement driver's license, identification card, vehicle
registration certificate, or certificate of title shall be provided to such
persons without charge.
5. The provisions of Vehicle Code sections 4602
and 5902, requiring the timely registration or transfer of title, are hereby
suspended with regard to any registration or transfer of title by any resident
of the counties of Santa Clara,
Monterey, Trinity, Mendocino, Shasta, Plumas, Kern or Mariposa who
suffered a loss of such registration or title documents in the fires. The time
covered by this suspension shall not be included in calculating any late penalty
pursuant to Vehicle Code section 9554.
6. My Office of Emergency Services
shall continue to coordinate
assistance programs offered by all relevant federal, state and local agencies
and departments.
7. All State agencies with
responsibility, regulatory authority or expertise related to fire damage
assessment and recovery efforts in connection with these fires shall continue
to cooperate fully and act
expeditiously in coordination with the California Resources Agency and the
California Environmental Protection Agency, to facilitate the mitigation of the
effects of the fires and the environmental restoration of the affected areas.
8. State agencies shall, as necessary for the protection of public
health and environment, assist local governments to enter into contracts and
arrange for the procurement of materials, goods, and services necessary to
quickly remove dangerous debris, repair damaged resources, and restore and
protect the impacted watershed. Because strict compliance with the provisions
of the Government Code and the Public Contract Code applicable to state
contracts would prevent, hinder, or delay these efforts, applicable provisions
of those statutes, including, but not limited to, advertising and competitive
bidding requirements, are suspended to the extent necessary to address the
effects of the fires.
9. State statutes, rules, regulations and
requirements are hereby suspended to the extent they apply to the following
activities: (a) removal, storage, transportation, and disposal of hazardous and
non-hazardous debris that result from the fires and that are subject to the
jurisdiction of agencies within the California Environmental Protection Agency
and the California Resources Agency, (b) necessary restoration, and (c) related
activities. Such statutes, rules, regulations and requirements are suspended
only to the extent necessary for expediting the removal and cleanup of debris
from the fires, and for implementing any restoration plan. The Secretary for
the California Environmental Protection Agency, and the Secretary for the
California Resources Agency, shall use sound discretion in applying this
suspension to ensure that the suspension serves the purpose of accelerating
cleanup and recovery, while at the same time protecting public health and the
environment. Individuals who desire to conduct activities under this suspension
of statutes, rules, regulations, and requirements shall first request of the
appropriate Agency Secretary a determination that the proposed activities are
eligible to be conducted under this suspension. The Secretaries shall maintain
a public list of all statutes, rules, regulations, and requirements that are
suspended, and shall post the list prominently on their websites. This order
shall apply to, but is not necessarily limited to, solid waste facility permits,
and waste discharge requirements for storage, disposal, emergency timber
harvesting, stream environment zones, emergency construction activities, along
with waste discharge requirements and/or Water Quality Certification for
discharges of fill material or pollutants. To the extent it is within their
administrative authority and discretion, the boards, departments and offices
within the California Environmental Protection Agency shall expedite the
granting of other authorizations, waivers or permits necessary for the removal,
storage, transportation and disposal of hazardous and non-hazardous debris
resulting from the fires, and for other actions necessary for the protection of
public health and the environment
10. My Office of Emergency Services
and all affected State agencies and departments within my administration shall
continue to provide assistance to the counties of Santa Cruz, Santa Clara, Butte, Monterey, Trinity,
Mendocino, Shasta, Plumas, Kern and Mariposa. Support provided by
the State for implementation of the California Disaster Assistance Act shall
include, but shall not necessarily be limited to, the use of state personnel and
state contractors to support recovery operations.
11. State agencies and departments within my
administration shall work with local officials to assist them in putting into
place and implementing comprehensive structural debris removal
plans.
12. The Department of Forestry and Fire Protection, the
California Department of Corrections and Rehabilitation, and the California
Conservation Corps, shall use inmate and ward labor, where appropriate, to
protect public health, safety, and water quality on public lands or where
otherwise requested by private property owners.
13. It is hereby
ordered that the period of employment for State Personnel Board emergency
appointments, as provided in Sections 19888 and 19888.1 of the Government Code
and State Personnel Board Rules 300-303 (2 Cal. Code Regs, sections 300 through
303), be waived for positions required for involvement in emergency and/or
recovery operations. The requirements and period of employment for such
appointments will be determined by the Director, California Office of Emergency
Services, but shall not extend beyond the termination date of said State of
Emergency.
IT IS
FURTHER REQUESTED THAT:
14. The Public Utilities
Commission direct utility companies with transmission lines in the affected
areas to ensure that all dead and dying trees and vegetation are completely
cleared from their utility right-of-ways to mitigate the potential threat to
human health and safety and public property.
15. The Franchise Tax
Board and the Board of Equalization consider using their administrative powers
where appropriate to provide those individuals and/or businesses impacted by the
wildfires with extensions for filing, audits, billing, notices, assessments and
relief from subsequent penalties.
This Executive 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.
I FURTHER
DIRECT 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 to this order.
IN WITNESS
WHEREOF I have hereunto set my hand and caused the Great Seal of the State of California to
be affixed this 2nd day of July, 2008.
ARNOLD
SCHWARZENEGGER
Governor of California
ATTEST:
DEBRA
BOWEN
Secretary
of State
