SECTIONS 8565-8574 - California Statutes

GOVERNMENT CODE

SECTION 8565-8574

8565. The Governor shall have the powers granted by this article,
which powers shall be in addition to any other powers granted to him
by this chapter.

8566. The Governor is empowered to expend any appropriation for
support of the California Emergency Services Act to carry out the
provisions of this chapter.

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) 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 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) 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) 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, but shall be subject to the approval of the
Emergency Council. 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.

8568. The State Emergency Plan shall be in effect in each political
subdivision of the state, and the governing body of each political
subdivision shall take such action as may be necessary to carry out
the provisions thereof.

8569. The Governor shall coordinate the State Emergency Plan and
those programs necessary for the mitigation of the effects of an
emergency in this state; and he shall coordinate the preparation of
plans and programs for the mitigation of the effects of an emergency
by the political subdivisions of this state, such plans and programs
to be integrated into and coordinated with the State Emergency Plan
and the plans and programs of the federal government and of other
states to the fullest possible extent.

8570. The Governor may, in accordance with the State Emergency Plan
and programs for the mitigation of the effects of an emergency in
this state:
(a) Ascertain the requirements of the state or its political
subdivisions for food, clothing, and other necessities of life in the
event of an emergency.
(b) Plan for, procure, and pre-position supplies, medicines,
materials, and equipment.
(c) Use and employ any of the property, services, and resources of
the state as necessary to carry out the purposes of this chapter.
(d) Provide for the approval of local emergency plans.
(e) Provide for mobile support units.
(f) Provide for use of public airports.
(g) Institute training programs and public information programs.
(h) Make surveys of the industries, resources, and facilities,
both public and private, within the state, as are necessary to carry
out the purposes of this chapter.
(i) Plan for the use of any private facilities, services, and
property and, when necessary, and when in fact used, provide for
payment for that use under the terms and conditions as may be agreed
upon.
(j) Take all other preparatory steps, including the partial or
full mobilization of emergency organizations in advance of an actual
emergency; and order those test exercises needed to insure the
furnishing of adequately trained and equipped personnel in time of
need.

8570.5. The California Emergency Management Agency shall develop a
guidance document to the state emergency plan to specify the response
of the state and its political subdivisions to agriculture-related
disasters. This document shall be completed by January 2002, and
updated by January 2009, and shall include, but not be limited to,
all of the following:
(a) The roles and responsibilities of the county agricultural
commissioners.
(b) The roles and responsibilities of the Department of
Agriculture and other relevant state agencies that are involved in
the response to agriculture-related disasters.
(c) Coordination of initial and ongoing crop damage assessments.
(d) Disaster assistance between the time of the request for a
federal disaster declaration and issuance of a federal declaration.
(e) State assistance available if a requested federal declaration
is not issued.
(f) State assistance under a United States Department of
Agriculture designation rather than a federal declaration.
(g) State assistance for long-term unemployment in areas with high
unemployment rates prior to an emergency.
(h) Provision for the removal and elimination of extraordinary
numbers of dead livestock for purposes of protecting public health
and safety.
(i) Strategies to assist in the development of an integrated and
coordinated response by community-based organizations to the victims
of agriculture-related disasters.
(j) Procedures for the decontamination of individuals who have
been or may have been exposed to hazardous materials, which may vary
depending on the hazards posed by a particular hazardous material.
The report shall specify that individuals shall be assisted in a
humanitarian manner.
(k) Integration of various local and state emergency response
plans, including, but not limited to, plans that relate to hazardous
materials, oil spills, public health emergencies, and general
disasters.

8571. During a state of war emergency or a state of emergency the
Governor may suspend any regulatory statute, or statute prescribing
the procedure for conduct of state business, or the orders, rules, or
regulations of any state agency, including subdivision (d) of
Section 1253 of the Unemployment Insurance Code, where the Governor
determines and declares that strict compliance with any statute,
order, rule, or regulation would in any way prevent, hinder, or delay
the mitigation of the effects of the emergency.

8571.5. Nothing in this article shall authorize the seizure or
confiscation of any firearm or ammunition from any individual who is
lawfully carrying or possessing the firearm or ammunition, or
authorize any order to that effect, provided however, that a peace
officer who is acting in his or her official capacity may disarm an
individual if the officer reasonably believes it is immediately
necessary for the protection of the officer or another individual.
The officer shall return the firearm to the individual before
discharging the individual, unless the officer arrests that
individual or seizes the firearm as evidence pursuant to an
investigation for the commission of a crime.

8572. In the exercise of the emergency powers hereby vested in him
during a state of war emergency or state of emergency, the Governor
is authorized to commandeer or utilize any private property or
personnel deemed by him necessary in carrying out the
responsibilities hereby vested in him as Chief Executive of the state
and the state shall pay the reasonable value thereof.
Notwithstanding the provisions of this section, the Governor is
not authorized to commandeer any newspaper, newspaper wire service,
or radio or television station, but may, during a state of war
emergency or state of emergency, and if no other means of
communication are available, utilize any news wire services, and the
state shall pay the reasonable value of such use. In so utilizing any
such facilities, the Governor shall interfere as little as possible
with their use for the transmission of news.

8573. The Governor may cooperate with the President and the heads
of the armed forces and other agencies of the United States, and with
officers and agencies of other states, on matters pertaining to
emergencies; and he may take any steps he deems necessary to put into
effect any rules, regulations, or suggestions made by such persons
or agencies.

8574. None of the provisions of this chapter shall limit, modify,
or abridge the powers vested in the Governor under the Constitution
or statutes of the state by proclamation, to declare any county, city
and county, or city, or any portion thereof to be in a state of
insurrection or to proclaim the existence of martial law and to
exercise all the powers vested in him thereunder independent of, or
in conjunction with, any of the provisions of this chapter.