EXECUTIVE ORDER B-45-17


12-19-2017

EXECUTIVE ORDER B-45-17


WHEREAS on October 9, 2017, I proclaimed a state of emergency to exist in Butte, Lake, Mendocino, Napa, Nevada, Orange, Sonoma, and Yuba Counties as a result of the numerous wildfires burning in those counties; and

WHEREAS these wildfires destroyed over 8,000 structures, displacing thousands of residents and creating extraordinary amounts of hazardous fire debris; and

WHEREAS the local health officers of Butte, Lake, Mendocino, Napa, Nevada, Sonoma, and Yuba Counties have all proclaimed local health emergencies, pursuant to Health and Safety Code section 101080, as a result of this hazardous debris; and

WHEREAS existing law requires local governing authorities to renew their local health proclamations every fourteen days; and

WHEREAS local governing authorities must continue devoting their time, attention, and resources to facilitating recovery of their respective communities; and

WHEREAS thousands of residents have been displaced from their homes as a result of these fires, and it is critical that interim sheltering solutions are identified and utilized; and

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

NOW, THEREFORE, I, EDMUND G. BROWN JR., Governor of the State of California, in accordance with the authority vested in me by the Constitution and statutes of the State of California, and in particular, Government Code sections 8567 and 8571, do hereby issue the following order to become effective immediately:

IT IS HEREBY ORDERED THAT:

1) The fourteen day time period in Health and Safety Code section 101080, within which local governing authorities must renew its local health emergency, is hereby waived. The local health emergencies resulting from the October 2017 wildfire debris will remain in effect until each local governing authority terminates its respective health emergency.

2) Any fairgrounds that the Office of Emergency Services determines are suitable for temporary sheltering for fire survivors shall be made available to the Office of Emergency Services pursuant to the Emergency Services Act, Government Code section 8589. The Office of Emergency Services shall notify the fairgrounds of the intended use and can immediately utilize the fairgrounds without the fairground board of directorsí approval.

3) Any state-owned properties that the Office of Emergency Services determines are suitable for temporary sheltering for fire survivors shall be made available to the Office of Emergency Services for this purpose.

4) The Office of Emergency Services shall evaluate state properties that can be refurbished or improved to be made suitable for temporary sheltering. The costs associated with making these properties suitable for temporary sheltering shall be paid for utilizing California Disaster Assistance Act funding, pursuant to Government Code section 8680 et seq., and Code of Regulations, title 19, section 2900 et seq.

This 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 of 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 19th day of December 2017.

EDMUND G. BROWN JR.
Governor of California

ATTEST:

ALEX PADILLA
Secretary of State

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