Executive Order N-25

EXECUTIVE DEPARTMENT

STATE OF CALIFORNIA

EXECUTIVE

ORDER

N-25-20

WHEREAS

on

March

4,

2020, I

proclaimed

a State

of

Emergency to exist

in

California

as

a result

of

the

threat

of

COVID-19;

and

WHEREAS

despite sustained efforts,

the

virus

remains a threat,

and

further

efforts to control the spread

of

the

virus

to

reduce

and

minimize the

risk

of

infection

are

needed;

and

WHEREAS

state

and

loca

l

public

health officials may,

as

they

deem

necessary

in

the interest

of

public

health,

issue

guidance

limiting or

recommending

limitations

upon

attendance

at

public

assemblies, conferences,

or

other

mass events,

which

could

cause the

cancellation

of

such gatherings

through no fault or responsibility

of

the parties involved, thereby constituting a

force majeure;

and

WHEREAS

the

Department

of

Public Health

is

maintaining

up-to-date

guidance

relating

to

COVID-19,

available

to the

public

at

http://cdph.ca.gov/covidl

9;

and

WHEREAS

the State

of

California

and

local governments, in collaboration

with the Federal

government,

continue

sustained efforts

to

minimize the spread

and

mitigate

the effects

of

COVID-19;

and

WHEREAS

there

is

a

need

to secure numerous facilities to

accommodate

quarantine, isolation, or

medical

treatment

of

individuals testing positive for or

exposed to COVID-19;

and

WHEREAS,

many

individuals

who

have

developmenta

l disabilities

and

receive services through regional centers

funded

by

the

Department

of

Developmental

Services also

have

chronic

medical

conditions

that

make

them

more susceptible

to

serious symptoms

of

COVID-19,

and

it

is

critical

that

they

continue

to

receive their services while also

protecting

their

own

health

and

the

general

public

health;

and

WHEREAS

individuals exposed

to

COVID-19

may

be

temporarily

unable

to

report

to

work

due

to

illness

caused

by

COVI

D-19

or quarantines related

to

COVID-19

and

individuals directly

affected

by

COVID-19

may

experience

potential

loss

of

income,

health

care

and

medical

coverage,

and

ability

to

pay

for housing

and

basic needs, thereby

placing

increased

demands

on

already

strained regional

and

local

health

and

safety resources such

as

shelters

and

food

banks;

and

WHEREAS

in the interest

of

public

health

and

safety, it

is

necessary

to

exercise

my

authority

under

the Emergency Services Act, specifically

Government

Code

section 8572,

to

ensure

adequate

facilities exist to address

the

impacts

of

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

delay

appropriate

actions

to

prevent

and

mitigate

the

effects

of

the

COVID-19

pandemic.

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

of

the

State

of

California,

and

in

particular,

Government

Code

sections

8567,

8571

and

8572,

do

hereby

issue

the

following

order

to

become

effective

immediately:

IT

IS

HEREBY

ORDERED

THAT:

1.

All residents are

to

heed

any

orders

and

guidance

of

state

and

loca

l

public

health officials, including

but

not

limited

to

the

imposition

of

social distancing measures,

to

control the spread

of

COVID-19.

2.

For

the

period

that

began

January

24,

2020 through

the

duration

of

this

emergency,

the

Employment

Development

Department

shall

have

the

discretion

to

waive

the

one-week

waiting

period

in

Unemployment

Insurance

Code

section 2627(b)

(1)

for disability insurance

applicants

who

are

unemployed

and

disabled

as

a result

of

the

COVID-19,

and

who

are

otherwise eligible for disability insurance benefits.

3.

For

the

period

that

began

January

24,

2020 through

the

duration

of

this

emergency,

the

Employment

Development

Department

shall

have

the

discretion

to

waive

the

one-week

waiting

period

in

Unemployment

Insurance

Code

section 1253(d) for

unemployment

insurance

applicants

who

are

unemployed

as

a result

of

the

COVID-19,

and

who

are otherwise eligible for

unemployment

insurance benefits.

4.

Notwithstanding Health

and

Safety

Code

section 1797.172(b), during

the

course

of

this

emergency,

the

Director

of

the Emergency

Medical

Services Authority shall

have

the

authority

to

implement

additions

to

local

optional

scopes

of

practice

without

first

consulting with a

committee

of

local

EMS

medical

directors

named

by

the

EMS

Medica

l

Directors Association

of

California.

5.

In

order

to

quickly

provide

relief from interest

and

penalties,

the

provisions

of

the

Revenue

and

Taxation

Code

that

apply

to

the

taxes

and

fees administered

by

the

Department

of

Tax

and

Fee

Administration, requiring

the

filing

of

a

statement

under

penalty

of

perjury setting forth

the

facts for a claim for relief, are suspended for a

period

of

60

days

after

the

date

of

this

Order

for

any

individuals or

businesses

who

are

unable

to

file a timely

tax

return or

make

a timely

payment

as

a result

of

complying

with a state or

local

public

health

official's imposition or

recommendation

of

social distancing measures

COVID-19.

6.

The

Franchise

Tax

Board,

the

Board

of

Equalization,

the

Department

of

Tax

and

Fee Administration,

and

the

Office

of

Tax

Appeals

shall use

their administrative powers

where

appropriate

to

provide

those

individuals

and

businesses

impacted

by

complying

with a state or

local

public

health

official's imposition or

recommendation

of

social

distancing measures

COVID-19 with

the

extensions for filing,

payment,

audits, billing, notices, assessments, claims for refund,

and

relief from subsequent penalties

and

interest.

7.

The

Governor's

Office

of

Emergency Services shall ensure

adequate

state staffing during this

emergency.

Consistent with

applicable

federal

law, work hour limitations for retired annuitants,

permanent

and

intermittent personnel,

and

state

management

and

senior supervisors,

are

suspended. Furthermore, reinstatement

and

work hour limitations in

Government

Code

sections 21220, 21224(0),

and

7522.56(b), (d), (f},

and

(g),

and

the

time limitations

in

Government

Code

section

19888.1

and

California

Code

of

Regulations, title

2,

sections 300-303

are

suspended.

The

Director

of

the

California

Department

of

Human

Resources must

be

notified

of

any

individual

employed

pursuant

to

these waivers.

8.

The

California Health

and

Human Services

Agency

and

the

Office

of

Emergency Services shall identify,

and

shall otherwise

be

prepared

to

make

available-including

through

the

execution

of

any

necessary

contracts

or

other

agreements

and,

if necessary, through

the

exercise

of

the

State's

power

to

commandeer

property-

hotels

and

other

places

of

temporary

residence,

medical

facilities,

and

other

facilities

that

are

suitable for use

as

places

of

temporary

residence or

medical

facilities

as

necessary for quarantining, isolating, or treating individuals

who

test positive for COVID-19 or

who

have

had

a high-risk exposure

and

are

thought

to

be

in

the

incubation

period.

9.

The

certification

and

licensure requirements

of

California

Code

of

Regulations, Title

17,

section

1079

and

Business

and

Professions

Code

section 1206.5

are

suspended as

to

all persons

who

meet

the

requirements

under

the

Clinical Laboratory

Improvement

Amendments

of

section 353

of

the

Public Health Service

Act

for high

complexity

testing

and

who

are

performing analysis

of

samples

to

test for

SARS-

CoY-2,

the

virus

that

causes COVID-19, in

any

certified

public

health

laboratory

or licensed clinical laboratory.

10.

To

ensure

that

individuals with

developmental

disabilities

continue

to

receive

the

services

and

supports

mandated

by

their individual

program

plans

threatened

by

disruptions

caused

by

COYID-19, the

Director

of

the

Department

of

Developmental

Services

may

issue

directives

waiving

any

provision or requirement

of

the

Lanterman

Developmental

Disabilities Services Act,

the

California Early

Intervention Services

Act,

and

the

accompanying

regulations

of

Title

17,

Division 2

of

the

California

Code

of

Regulations. A directive

may

delegate

to

the

regional centers

any

authority

granted

to

the

Department

by

law

where

the

Director believes such

delegation

is

necessary

to

ensure services

to

individuals with

developmental

disabilities.

The

Director shall describe the

need

justifying

the

waiver

granted

in

each

directive

and

articulate

how

the

waiver

is

necessary

to

protect

the

public

health or safety from the

threat

of

COVID-19

or

necessary

to

ensure

that

services

to

individuals with

developmental

disabilities

are

not

disrupted. Any

waiver

granted

by

a

directive

shall

expire

30

days from

the

date

of

its

issuance.

The

Director

may

grant

one

or

more

30-day

extensions if the

waiver

continues

to

be

necessary

to

protect

health or safety or

to

ensure delivery

of

services. The

Director shall rescind a

waiver

once

it

is

no

longer

necessary

to

protect

public

health or safety or ensure delivery

of

services. Any waivers

and

extensions

granted

pursuant

to

this

paragraph

shall

be

posted on

the

Department's

website.

11.

Notwithstanding

any

other

provision

of

state

or

local

law, including the

Bagley-Keene

Act

or

the

Brown Act, a

local

legislative

body

or state

body

is

authorized

to

hold

public

meetings via

teleconferencing

and

to

make

public

meetings accessible

telephonically

or

otherwise

electronically

to

all members

of

the

public

seeking

to

attend

and

to

address

the

local

legislative

body

or state

body,

during the

period

in

which

state or

local

public

officials impose

or

recommend

measures

to

promote

social distancing, including

but

not

limited

to

limitations

on

public

events. All requirements

in

both

the

Bagley-Keene

Act

and

the

Brown

Act

expressly or impliedly requiring

the

physical presence

of

members,

the

clerk or

other

personnel

of

the

body,

or

of

the

public

as

a

condition

of

participation

in or

quorum

for a

public

meeting

are

hereby

waived.

In

particular,

any

otherwise-applicable

requirements

that

(i)

state

and

local

bodies

notice

each

teleconference

location

from

which

a

member

will

be

participating

in

a

public

meeting;

(ii)

each

teleconference

location

be

accessible

to

the

public;

(iii)

members

of

the

public

may

address

the

body

at

each

teleconference

conference

location;

(iv)

state

and

local

bodies post

agendas

at

all

teleconference

locations;

(v)

at

least

one

member

of

the state

body

be

physically present

at

the

location

specified

in

the

notice

of

the

meeting;

and

(vi)

during

teleconference

meetings, a least a

quorum

of

the

members

of

the

local

body

participate

from locations within

the

boundaries

of

the

territory

over

which

the

local

body

exercises jurisdiction

are

hereby

suspended, on

the

conditions that:

(i)

each

state or

local

body

must

give

advance

notice

of

each

public

meeting,

according

to

the

timeframe

otherwise

prescribed

by

the

Bagley-Keene

Act

or the Brown

Act,

and

using

the

means otherwise prescribed

by

the

Bagley-Keene

Act

or

the

Brown

Act,

as

applicable;

and

(ii)

consistent with the

notice

requirement in

paragraph

(i),

each

state

or

local

body

must

notice

at

least

one

publicly

accessible

location

from

which

members

of

the

public

shall

have

the

right

to

observe

and

offer

public

comment

at

the

public

meeting, consistent with the public's rights

of

access

and

public

comment

otherwise

provided

for

by

the

Bagley-

Keene

Act

and

the

Brown

Act,

as

applicable

(including,

but

not

limited to,

the

requirement

that

such rights

of

access

and

public

comment

be

made

available

in

a

manner

consistent

with

the

Americans with Disabilities Act).

In

addition

to

the

mandatory

conditions set forth

above

, a

ll

state

and

local

bodies are

urged

to

use sound discretion

and

to

make

reasonable

efforts

to

adhere

as

closely

as

reasonably possible

to

the

provisions

of

the

Bagley-Keene

Act

and

the

Brown

Act,

and

other

applicable

local

laws regulating

the

conduct

of

public

meetings,

in

order

to

maximize transparency

and

provide

the

public

access

to

their

meetings.

IT

IS

FURTHER

ORDERED

that

as

soon as

hereafter

possible,

this

Order

be

tiled in the

Office

of

the

Secretary

of

State

and

that

widespread

publicity

and

notice

be

given

of

this Order.

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.

IN

WITNESS

WHEREOF

I

have

hereunto

set

my

hand

and

caused

the

Great

Seal

of

the

State

of

California to

be

affixed

this

12th

day

of

Ma

h 2020.

ATTEST:

ALEX

PADILLA

Secretary

of

State