EXECUTIVE ORDER S-18-10


            WHEREAS due to the destruction caused by a series of severe winter storms which descended upon California on December 18, 2010, and continued through the end of December, a State of Emergency has been proclaimed to exist in the counties of Inyo, Kern, Kings, Los Angeles, Mariposa, Orange, Riverside, San Bernardino, San Diego, San Luis Obispo, Santa Barbara and Tulare; and
 
            WHEREAS these severe storms are causing harm to people and property, flooding homes and infrastructure, damaging public and private facilities, including commercial retail areas, disrupting roads and railways, and requiring emergency response and debris clean-up; and
 
            WHEREAS flood conditions caused by these storms have necessitated the evacuation of residents and the opening of emergency shelters; and
 
            WHEREASflood conditions caused by these storms have resulted in the loss of valuable personal and business records; and
 
            WHEREAS the people who 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, in order 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 these storms; 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 these storms 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, 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 workers are, or may be, unemployed as a result of these storms and are in need of immediate financial assistance; and


            WHEREAS the suspension of the statutory one-week waiting period for unemployment insurance applicants who are unemployed due to these storms would provide these unemployed workers with immediate financial assistance; and
 
            WHEREAS Local Assistance Centers can assist with the coordination of aid and expedite disaster assistance to those affected by an emergency; and
 
            WHEREAS the weather forecast is for extraordinary and continuing rainfall, which will pose a continued threat of flooding in urban areas and small streams and rock slides and debris flow in the recent wildfire areas, damage to flood control systems, slope failure, erosion, and in coastal regions the potential for harbor damage and tidal surge; and
 
           WHEREASthese severe winter stormsare creating a substantial amount of mud and other flood debris over large areas of these communities; and
 
           WHEREAS this debris must be removed and disposed of quickly and properly to ensure that that these areas can be reoccupied safely; and
 
           WHEREAS this event has caused closure of highways and roadways, traffic congestion, impact to the local and statewide economy, threats to public safety, and impaired movement of goods and services; and
 
           WHEREAS strict compliance with all statues, rules and regulations prescribing procedures for the conduct of certain state business, specifically the award and administration of state contracts, would hinder and delay the completion of investigation, technical analysis, and repair work.
 
NOW, THEREFORE, I, ABEL MALDONADO, ActingGovernor 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 this Executive Order, effective immediately, to mitigate the effects of the emergency due to the series of severe winter storms in the counties of Inyo, Kern, Kings, Los Angeles, Mariposa, Orange, Riverside, San Bernardino, San Diego, San Luis Obispo, Santa Barbara and Tulare:
IT IS HEREBY ORDERED THAT:
 
1.   All State agencies with responsibility, regulatory authority, or expertise related to recovery efforts in connection with the severe winter stormsshall 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 severe winter storms and the environmental restoration of the affected areas.
 
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 any request for copies of certificates of birth, death, fetal death, marriage, or marriage dissolution records by any resident of the counties of Inyo, Kern, Kings, Los Angeles, Mariposa, Orange, Riverside, San Bernardino, San Diego, San Luis Obispo, Santa Barbara or Tularewho suffered a loss of a family member, or who suffered loss or damage to property, business, or employment as a result of these storms. Copies of such records shall be provided to such persons without charge.
 
3.   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 Inyo, Kern, Kings, Los Angeles, Mariposa, Orange, Riverside, San Bernardino, San Diego San Luis Obispo, Santa Barbara or Tulare who suffered a loss of such documents as a result of the storms. A replacement driver's license, identification card, vehicle registration certificate, or certificate of title shall be provided to such persons without charge.

 

 
4.    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 Inyo, Kern, Kings, Los Angeles, Mariposa, Orange, Riverside, San Bernardino, San Diego San Luis Obispo, Santa Barbara or Tulare who suffered a loss of such registration or title documents as a result of the storms. The time covered by this suspension shall not be included in calculating any late penalty pursuant to Vehicle Code section 9554.
 
5.   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 these storms in the counties of Inyo, Kern, Kings, Los Angeles, Mariposa, Orange, Riverside, San Bernardino, San Diego San Luis Obispo, Santa Barbara and Tulare, who apply for unemployment insurance benefits during the time period beginning December 21, 2010, and ending on the close of business on January 21, 2011, and who are otherwise eligible for unemployment insurance benefits in California.

6.   California Emergency Management Agency shall immediately establish and support Local Assistance Centers where needed to provide “one-stop” emergency assistance services to those affected by the severe winter storms in the counties of Inyo, Kern, Kings, Los Angeles, Mariposa, Orange, Riverside, San Bernardino, San Diego San Luis Obispo, Santa Barbara and Tulare.
 
7.   State agencies shall, as necessary for the protection of public health and the environment, enter into contracts and arrange for, or 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 severe winter storms.
8.   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 resulting from the disaster, (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 disaster, 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. This order shall apply to, but is not necessarily limited to, solid waste facility permits, and waste discharge requirements for storage, disposal, 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 severe winter storms, and for other actions necessary for the protection of public health and the environment. 
 
9.   The California Emergency Management Agency (Cal EMA) and all affected State agencies and departments shall provide assistance to the counties of Inyo, Kern, Kings, Los Angeles, Mariposa, Orange, Riverside, San Bernardino, San Diego, San Luis Obispo, Santa Barbara and Tulare, including the use of state personnel and state contractors to support recovery operations, including assisting local officials to develop and implement a comprehensive structural debris removal.
 
10.   The operation of all statutes, rules and regulations as they apply to contracts for the investigation, analysis and repair of damage to roadways shall be hereby suspended for the purpose of facilitating the reopening and restoration of the transportation structures damaged by this emergency. California Department of Transportation officers shall exercise sound discretion to apply the suspension to ensure that the suspension of statues, rules and regulations serves the purpose of accelerating the reopening and restoration of the transportation structures damaged by this emergency.
 
11.   The California Emergency Management Agency (Cal EMA) shall coordinate assistance programs offered by all relevant federal, state and local agencies and departments, including, but not limited to, the Federal Emergency Management Agency, California Volunteers, California Environmental Protection Agency, Cal Resources Agency, Department of Conservation, California Conservation Corps, California National Guard, Department of Water Resources, California Highway Patrol, California Department of Transportation.
 
12. Standby order number one is invoked.  Standby order number one provides: It is hereby ordered that the period of employment for State Personnel Board emergency appointments, as provided in Sections 19888, 19888.1 of the Government Code and State Personnel Board Rules 300-303, 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 Secretary, California Emergency Management Agency, but shall not extend beyond the termination date of said State of Emergency.
 
IT IS FURTHER REQUESTED that the Franchise Tax Board and Employment Development Department use their administrative powers where appropriate to cooperate with employers that have sent temporary employees to this state to respond to the emergency conditions created by these storms by:  facilitating filing of returns, withholdings and payment obligations for such temporary employees responding to the emergency conditions and providing 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 shall be filed in the Office of the Secretary of State and that widespread publicity and notice be given to this Order.