KM_C454e-20200304160159

EXECUTIVE DEPARTMENT

STATE OF CALIFORNIA

PROCLAMATION

OF

A

STATE

OF

EMERGENCY

WHEREAS

in

December

2019,

an

outbreak

of

respiratory

ill

ness

due

to

a

novel

coronavirus (a disease

now

known as COVID-19), was

first

identified in Wuhan City, Hubei Province, China,

and

has spread outside

of

China,

impacting

more

than

75

countries, including

the

United States;

and

WHEREAS

the

State

of

California has

been

working in close

collaboration

with

the

national

Centers for Disease Control

and

Prevention

(CDC), with

the

United States Health

and

Human Services

Agency,

and

with

local

health

departments

since

December

2019

to

monitor

and

plan

for

the

potential

spread

of

COVID-19

to

the

United States;

and

WHEREAS

on

January

23,

2020, the CDC

activated

its

Emergency

Response System

to

provide

ongoing

support for

the

response

to

COVID-

19

across

the

country;

and

WHEREAS

on

January

24,

2020,

the

California

Department

of

Public

Health

activated

its

Medical

and

Health Coordination

Center

and

on

March

2,

2020,

the

Office

of

Emergency Services

activated

the

State

Operations

Center

to

support

and

guide

state

and

l

ocal

actions

to

preserve

public

health;

and

WHEREAS

the

California

Department

of

Public Health has

been

in

regular

communication

with hospitals, clinics

and

other health providers

and

has

provided

guidance

to

health

facilities

and

providers regarding

COVID-19;

and

WHEREAS

as

of

March

4,

2020, across the

globe,

there

are

more

than 94,000

confirmed

cases

of

COVID-19, tragically resulting in

more

than

3,000

deaths

worldwide;

and

WHEREAS

as

of

March

4,

2020, there

are

129

confirmed

cases

of

COVID-19 in

the

United States, including 53 in California,

and

more

than

9,400 Californians across

49

counties

are

in

home

monitoring

based

on

possible travel-based exposure

to

the

virus,

and

officials

expect

the

number

of

cases in California,

the

United States,

and

worldwide

to

increase;

and

WHEREAS

for

more

than

a

decade

California has

had

a robust

pandemic

influenza plan, supported

local

governments in

the

development

of

local plans,

and

required

that

state

and

local

plans

be

regularly

updated

and

exercised;

and

WHEREAS

California has a strong

federa

l,

state

and

local

public

health

and

health

care

delivery system

that

has

effectively

responded

to

prior events including

the

Hl N 1 influenza

virus

in

2009,

and

most recently

Ebola;

and

WHEREAS

experts

anticipate

that

while a high

percentage

of

individuals

affected

by

COVID-19 will experience mild flu-like symptoms,

some will

have

more serious symptoms

and

require hospitalization,

particularly individuals

who

are elderly or

already

have

underlying chronic

health conditions;

and

WHEREAS

it

is

imperative

to

prepare

for

and

respond

to

suspected

or

confirmed COVID-19 cases

in

California,

to

implement

measures

to

mitigate

the

spread

of

COVID-19,

and

to

prepare

to

respond

to

an

increasing

number

of

individuals requiring

medical

care

and

hospitalization;

and

WHEREAS

if COVID-19 spreads in California

at

a

rate

comparab

le to

the

rate

of

spread in

other

countries,

the

number

of

pe

r

sons

requiring

medical

care

may

exceed

locally

available

resources,

and

controlling

outbreaks minimizes

the

risk

to

the

public, maintains

the

health

and

safety

of

the

people

of

California,

and

limits

the

spread

of

infection

in

our

communities

and

within the

healthcare

delivery system;

and

WHEREAS

personal protective

equipment

[PPE)

is

not

necessary for

use

by

the

general

population

but

appropriate

PPE

is

one

of

the

most

effective

ways

to

preserve

and

protect

California's

healthcare

workforce

at

this critical

time

and

to

prevent

the

spread

of

COVID-19 broadly;

and

WHEREAS

state

and

local

health departments must use all

available

preventative

measures

to

combat

the

spread

of

COVID-19,

which

will

require access to services, personnel, equipment, facilities,

and

other

resources, potentially including resources

beyond

those currently

available,

to

prepare

for

and

respond

to

any

potential cases

and

the

spread

of

the

virus;

and

WHEREAS

I find

that

conditions

of

Government

Code

section

8558(b), relating

to

the

declarat

i

on

of

a State

of

Emer

gency

,

have

been

met;

and

WHEREAS

I find

that

the

conditions

caused

by

COVID-19 are likely

to

require the

combined

forces

of

a

mutua

l

aid

region

or

regions

to

appropriately

respond;

and

WHEREAS

under

the

provisions

of

Government

Code

section

8625(c), I find

that

local

authority

is

inadequate

to

cope

with

the

threat

posed

by

COVID-19;

and

WHEREAS

under

the

provisions

of

Government

Code

section

8571

, I

find

that

strict

compliance

with various statutes

and

regulations specified

in this order

would

prevent, hinder, or

de

l

ay

appropriate

actions

to

prevent

and

mitigate

the

effects

of

the

COVID-19.

NOW,

THEREFORE,

I,

GAVIN

NEWSOM,

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,

Government

Code

section 8625,

HEREBY

PROCLAIM

A

STATE

OF

EMERGENCY

to exist

in

California.

IT

IS

HEREBY

ORDERED

THAT:

1.

In

preparing for

and

responding to

COV

ID-19, all

agencies

of

the

state

government

use

and

emp

l

oy

state personnel,

equipment

,

and

facilities

or

perform

any

and

all activities consistent with

the

direction

of

the

Office

of

Emergency Services

and

the

State

Emergency Plan,

as

well

as

the

California

Department

of

Public

Health

and

the

Emergency

Medical

Services Authority. Also, all

residents

are

to

heed

the

advice

of

emergency

officials

with

regard

to

this

emergency

in order

to

protect

their safety.

2.

As

necessary

to

assist

local

governments

and

for

the

protection

of

public

health, state

agencies

shall

enter

into

contracts

to

arrange

for

the

procurement

of

materials,

goods

,

and

services

needed

to

assist

in

prepar

i

ng

for,

containing

, responding

to

,

mitigating

the

effects

of

,

and

recovering from

the

spread

of

COVID-19.

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

COVID-19.

3.

Any

out-of-state personnel, including,

but

not

li

mi

ted

to

,

medical

pe

rsonnel, entering California

to

assist

in preparing for,

respondi

ng

to, mitigating

the

effects

of

,

and

recovering from

COVID-19 shall

be

permitted

to

provi

de

services in

the

same

manner

as

prescribed in

Government

Code

section 179.5, with

respect

to

licensing

and

certification. Permission for

any

such

individual rendering service

is

subject

to

the

approval

of

the

Director

of

the

Emergency

Medical

Services Authority for

medical

personnel

and

the

Director

of

the

Office

of

Emergency

Services for

non-medical

personnel

and

shall

be

in

effect

for a

period

of

time

not

to

exceed

the duration

of

this

emergency.

4.

The time limitation set forth in Penal

Code

section 396, subdivision

{b), prohibiting

price

gouging

in time

of

emergency

is

hereby

waived

as it relates

to

emergency

supplies

and

medical

supplies.

These

price

gouging

protections sha

ll

be

in

effect

through

September

4, 2020.

5.

Any

state-owned

properties

that

the

Office

of

Emergency

Services determines

are

suitable for use

to

assist

in preparing for,

responding

to

, mitigating

the

effects

of

, or r

ecovering

from

COVID-19 shall

be

made

available

to

the

Office

of

Emergency

Serv

ices for

this

purpose, notwithstanding

any

state or

loca

l

law

that

would

restrict, delay, or otherwise inhibit such use.

6.

Any fairgrounds

that

the

Office

of

Emergency Services

determines

are

suitable

to

assist

in preparing for, respondi

ng

to,

mitigating

the

effects

of

, or recovering from COVID-19 shall

be

made

available

to

the

Office

of

Emergency Services pursuant

to

the

Em

e

rgency

Services

Act

,

Government

Code

section 8589.

The

Office

of

Emergency Services shall notify the fairgrounds

of

the

intended

use

and

can

imm

e

diately

use

the

fairgrounds

without

the

fairground

board

of

directors'

approval

,

and

notwithstanding

any

state

or

loca

l

law

that

would

restrict, delay,

or

otherwise inhibit such use.

7.

The

30-day time period

in

Health

and

Safety

Code

section

101080,

within

which

a

local

governing authority must

renew

a

local

health emergency,

is

hereby

waived

for the duration

of

this

statewide

emergency.

Any

such

local

health

emergency

will

remain

in

effect

until

each

local governing authority terminates

its

respective

local

health

emergency.

8.

The

60-day time period in

Government

Code

section 8630, within

which

local

government

authorities must

renew

a

local

emergency

,

is

hereby

waived

for the duration

of

this statewide

emergency.

Any

local

emergency

proclaimed

wi

ll

remain in

effect

until

each

local governing authority terminates

its

respective

local

emergency.

9.

The

Office

of

Emergency Services shall provide assistance

to

local

governments

that

have

demonstrated extraordinary

or

disproportionate impacts from COVID-19, if

appropriate

and

necessary,

under

the authority

of

the

Ca

li

fornia Disaster

Assistance Act,

Government

Code

section 8680

et

seq.,

and

California

Code

of

Regulations,

ntle

19,

section 2900

et

seq.

l

0.

To

ensure hospitals

and

other health facilities are

able

to

adequately

treat

patients legally isolated

as

a result

of

COVID-

19,

the

Director

of

the

California

Department

of

Pub

li

c Health

may

waive

any

of

the

licensing requirements

of

Chapter

2

of

Division 2

of

the

Health

and

Safety

Code

and

accompanying

regulations with respect

to

any

hospital or health facility

identified in Health

and

Safety

Code

section

1250.

Any

waiver

shall

include

alternative measures

that

,

under

the

circumstances,

will

allow

the

facilities

to

treat legally isolated patients while

protecting

public

health

and

safety.

Any

facilities

being

granted

a waiver shall

be

established

and

operated

in

accordance

with

the

facility's required disaster

and

mass casualty plan. Any

waivers

granted

pursuant

to

this

paragraph

shall

be

posted on

the

Department's website.

11.

To

support consistent practices across California, state

departments, in coordination with the

Office

of

Emergency

Services, shall provide

updated

and

specific

guidance

relating

to

preventing

and

mitigating COVID-

19

to

schools, employers,

employees,

first

responders

and

community

care

facilities

by

no

later than

March

10

,

2020.

12.

To

promptly respond for

the

protection

of

pub

lic health, state

entities are, notwithstanding

any

other state or

local

law

,

authorized

to

share relevant

medica

l information, limited to

the

patient's underlying health conditions,

age,

current condition,

date

of

exposure,

and

possible

contact

tracing,

as

necessary

to

address

the

effect

of

the

COVID-19

outbreak

with state,

local

,

federal,

and

nongovernmental partners, with such information to

be

used for

the

limited purposes

of

monitoring, investigation

and

control,

and

treatment

and

coordination

of

care. The

ernor

of

California

notification

requirement

of

Civil

Code

section 1798.24,

subdivision (i),

is

suspended.

13.

Notwithstanding Health

and

Safety

Code

sections

1797

.52

and

1797.218,

during

the

course

of

this

emergency,

any

EMT-P

licensees shall

have

the

authority

to

transport patients

to

medical

facilities

other

than

acute

care

hospitals

when

approved

by

the

California

EMS

Authority.

In

order

to

carry

out

this order,

to

the

extent

that

the

provisions

of

Health

and

Safety

Code

sections 1797.52

and

1797.218

may

prohibit

EMT-P

licensees from transporting patients

to

facilities

other

than

acute

care

hospitals, those statutes

are

hereby

suspended until

the

termination

of

this State

of

Emergency.

1

4.

The

Department

of

Social Services

may,

to

the

extent

the

Department

deems

necessary

to

respond

to

the

threat

of

COVID-19,

waive

any

provisions

of

the

Health

and

Safety

Code

or

Welfare

and

Institutions

Code,

and

accompanying

regulations, interim licensing standards,

or

other

written policies

or

procedures with

respect

to

the

use, licensing,

or

approval

of

facilities or

homes

within

the

Department's jurisdiction set forth in

the

California

Community

Care

Facilities

Act

(Health

and

Safety

Code

section

1500

et

seq.),

the

California Child

Day

Care

Facilities

Act

(Health

and

Safety

Code

section 1596.70

et

seq.

),

and

the

California Residential

Care

Facilities for

the

Elderly

Act

(Health

and

Safety

Code

section

1569

et

seq.).

Any

waivers

granted

pursuant

to

this

paragraph

shall

be

posted

on

the

Department's website.

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

affixed

this 4th

day

ATTEST:

ALEX

PADILLA

Secretary

of

State