S-01-06


WHEREAS, on February 24, 2006, I proclaimed a State of Emergency based on a finding that conditions of extreme peril to the safety of persons and property exist within California's levee system; and WHEREAS, on February 27, 2006, I requested that the President of the United States declare an emergency for the State of California, focusing first on 24 identified critical levee erosion sites located on project levees in the counties of Colusa, Sacramento, Solano, Sutter, Yolo, and Yuba; and WHEREAS, the identified critical levee erosion sites pose a continued and imminent threat to the public and property protected by the levees, to the environment and to California's economy; and WHEREAS, it is imperative that these identified critical levee erosion sites be repaired as soon as possible in order to alleviate the conditions of this emergency; and WHEREAS, strict compliance with the certain statutes and their implementing regulations, identified below, would prevent, hinder or delay the mitigation of the effects of the emergency. NOW, THEREFORE, I, ARNOLD SCHWARZENEGGER, Governor of the State of California, by virtue of the power and authority vested in me by the Constitution and statutes of the State of California do hereby issue this order to become effective immediately: The California Department of Water Resources shall immediately develop a plan to accomplish critical levee erosion repairs this year and shall coordinate a statewide effort to complete repairs at the 24 critical levee erosion sites on the Sacramento River flood control system, identified in a report by consultants for the U.S. Army Corps of Engineers dated December 29, 2005. The California Department of Water Resources shall take all necessary steps to immediately implement the plan to accomplish the critical levee erosion repairs at the 24 identified sites this year. All State agencies with responsibilities, regulatory authority or expertise related to the critical levee erosion sites or repairs shall cooperate fully and act expeditiously in coordination with the California Department of Water Resources to facilitate the completion of all repairs on the 24 critical levee erosion sites this year. Any State agency requested to do so in writing by the Director of the California Department of Water Resources shall temporarily assign staff to the California Department of Water Resources to assist with critical levee erosion repairs. The California Department of Water Resources shall contract for the services of necessary qualified personnel and for the supplies, materials, equipment and services necessary to perform the critical levee erosion site repairs and to identify additional levee sites that may require expedited repairs to prevent the loss of human life and significant property damage during a catastrophic levee failure. The California Department of Water Resources is authorized to enter into such contracts as expeditiously as possible and for this purpose shall be exempt from the provisions of the Government Code and the Public Contract Code applicable to state contracts, including, but not limited to, advertising and competitive bidding requirements, to the extent that they would prevent, hinder or delay the prompt mitigation of the effects of this emergency. IT IS FURTHER ORDERED that this order shall expire upon the termination of the State of Emergency. The activities herein are authorized to be carried out pursuant to the Emergency Services Act, Government Code sections 8550 et seq. 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.