CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 108

Introduced by Assembly Member Cunningham
(Coauthor: Assembly Member Fong)

December 16, 2020

An act to amend Section 8567 of the Government Code, relating to emergency powers.


LEGISLATIVE COUNSEL'S DIGEST


AB 108, as introduced, Cunningham. Governor’s emergency orders and regulations: approval by the Legislature.
Existing law, the California Emergency Services Act (CESA), authorizes the Governor to proclaim a state of emergency when specified conditions of disaster or extreme peril to the safety of persons and property exist, and authorizes the Governor to exercise certain powers in response to that emergency, including, but not limited to, suspending specified statutes, ordinances, orders, regulations, or rules. Existing law requires orders and regulations, or amendments or rescissions thereof, issued during a state of war emergency or state of emergency to be in writing and to take effect immediately upon their issuance.
Existing law requires all of the powers granted to the Governor by the CESA with respect to a state of emergency or a state of war emergency to terminate when the state of emergency or state of war emergency has been terminated by proclamation of the Governor or by concurrent resolution of the Legislature declaring it at an end. Existing law also requires all of the powers granted to the Governor by the CESA with respect to a state of war emergency to terminate when the Governor has not within 30 days after the beginning of the state of war emergency issued a call for a special session of the Legislature, as specified. Existing law requires the orders and regulations to be of no further force or effect upon termination of the state of war emergency or state of emergency.
This bill would permit an order or regulation, or an amendment or rescission thereof, issued pursuant to specified CESA provisions 60 or more days after the proclamation, to take effect only if approved by a concurrent resolution of the Legislature.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 8567 of the Government Code is amended to read:

8567.
 (a) The Governor may make, amend, and rescind orders and regulations necessary to carry out the provisions of this chapter. The orders and regulations shall have the force and effect of law. Due consideration shall be given to the plans of the federal government in preparing the orders and regulations. The Governor shall cause widespread publicity and notice to be given to all such orders and regulations, or amendments or rescissions thereof.
(b) (1) Orders and regulations, or amendments or rescissions thereof, issued during a state of war emergency or state of emergency shall be in writing and shall take effect immediately upon their issuance. Whenever issuance, except as provided in paragraph (2).
(2) An order or regulation, or an amendment or rescission thereof, issued pursuant to Sections 8571 and 8627.5 during a state of war emergency or state of emergency made 60 or more days after the proclamation shall take effect only upon adoption of a concurrent resolution of the Legislature approving the order or regulation.
(c) Whenever the state of war emergency or state of emergency has been terminated, the orders and regulations shall be of no further force or effect.

(c)

(d) All orders and regulations relating to the use of funds pursuant to Article 16 (commencing with Section 8645) shall be prepared in advance of any commitment or expenditure of the funds. Other orders and regulations needed to carry out the provisions of this chapter shall, whenever practicable, be prepared in advance of a state of war emergency or state of emergency.

(d)

(e) All orders and regulations made in advance of a state of war emergency or state of emergency shall be in writing, shall be exempt from Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2. As soon thereafter as possible they shall be filed in the office of the Secretary of State and with the county clerk of each county.