Governor Brown Declares State of Emergency in Lake County Due to Clayton Fire


8-15-2016

SACRAMENTO - Governor Edmund G. Brown Jr. today issued an emergency proclamation for Lake County due to the effects of the Clayton Fire, which has burned thousands of acres, damaged critical infrastructure, destroyed homes and caused the evacuation of residents.

The full text of the proclamation is below:

PROCLAMATION OF A STATE OF EMERGENCY


WHEREAS on August 13, 2016, the Clayton Fire started in Lake County, has rapidly burned thousands of acres of land, and continues to burn; and

WHEREAS this fire has destroyed homes and businesses and is threatening thousands of additional structures necessitating the evacuation of thousands of residents; and

WHEREAS this fire has damaged power lines and other critical infrastructure, continues to threaten critical infrastructure, and has forced the closure of roadways; and

WHEREAS a Federal Fire Management Assistance Grant has been requested and approved for the Clayton Fire; and

WHEREAS on January 17, 2014, I declared a State of Emergency based on the extreme drought that has caused millions of trees to die, and increased the severity and spread of fires throughout the State; and

WHEREAS the circumstances of this fire by reason of its 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 combat; and

WHEREAS under the provisions of section 8558(b) of the California Government Code, I find that conditions of extreme peril to the safety of persons and property exist in California due to this fire; and

WHEREAS under the provisions of section 8571 of the California Government Code, I find that strict compliance with various statutes and regulations specified in this order would prevent, hinder, or delay the mitigation of the effects of this fire.

NOW, THEREFORE, I, EDMUND G. BROWN JR., 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, section 8625 of the California Government Code, HEREBY PROCLAIM A STATE OF EMERGENCY to exist in Lake County.

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 Governor's Office of Emergency Services and the State Emergency Plan. Also, all citizens are advised to heed the instructions of emergency officials with regard to this emergency in order to protect their safety.

2. 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 solid waste and debris resulting from the wildfires that have burned and continue to burn in areas that are subject to the jurisdiction of agencies within the California Environmental Protection Agency and the California Natural Resources Agency; and (b) necessary restoration and rehabilitation of timberland, streams, rivers, and other waterways. Such statutes, rules, regulations and requirements are hereby suspended only to the extent necessary for expediting the removal and cleanup of debris from the fires, and for implementing any restoration plan. Individuals who desire to conduct activities under this suspension of statutes, rules, regulations, and requirements shall first request that the appropriate Agency Secretary, or his delegate, make a determination that the proposed activities are eligible to be conducted under this suspension. The Secretary for the California Environmental Protection Agency and the Secretary for the California Natural Resources Agency shall use sound discretion in applying this Executive Order 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; waste discharge requirements for storage and disposal; emergency timber harvesting; emergency construction activities; and waste discharge requirements and/or Water Quality Certification for discharges of fill material or pollutants. To the extent it is within their administrative authority, the boards, departments and offices within the California Environmental Protection Agency and the California Natural Resources 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 fire, and for other actions necessary for the protection of public health and the environment.

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 remove dangerous debris, repair damaged resources, and restore and protect the impacted watershed. 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 this fire.

4. Health and Safety Code sections 103525.5 and 103625, and Penal Code section 14251, requiring the imposition of fees, are hereby suspended with regard to any request for copies of certificates of birth, death, marriage, and dissolution of marriage records, by any individual who lost such records as a result of this fire. Such copies shall be provided without charge.

5. 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 a driver's license, identification card, vehicle registration certificate, or certificate of title, by any individual who lost such records as a result of this fire. Such records shall be replaced without charge.

6. 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 residents of Lake County who are unable to comply with those requirements as a result of this fire. The time covered by this suspension shall not be included in calculating any late penalty pursuant to Vehicle Code section 9554.

7. 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 fire, who apply for unemployment insurance benefits during the time period beginning August 13, 2016, and ending on the close of business on February 13, 2017, and who are otherwise eligible for unemployment insurance benefits in California.

8. The Office of Emergency Services shall determine if local government assistance for Lake County is appropriate under the authority of the California Disaster Assistance Act, California Government Code section 8680 et seq. and California Code of Regulations, title 19, section 2900 et seq.

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.

IN WITNESS WHEREOF I have hereunto set my hand and caused the Great Seal of the State of California to be affixed this 15th day of August 2016.


_____________________________
EDMUND G. BROWN JR.
Governor of California

ATTEST:


_____________________________
ALEX PADILLA
Secretary of State

A copy of the proclamation can also be found here.


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