Governor Newsom Issues Executive Order to Support Communities Recovering from October Fires

SACRAMENTO – Governor Gavin Newsom today issued an executive order to help streamline recovery efforts in communities across the state impacted by last month’s devastating fires.

The executive order helps displaced residents with housing needs by facilitating manufactured homes and mobilehome parks, and waives fees to replace documents such as driver’s licenses and birth certificates for those affected by the fires, among other provisions.

The full text of today’s executive order is below:

EXECUTIVE ORDER N-21-19

WHEREAS on October 11, 2019, I proclaimed a state of emergency to exist in Los Angeles and Riverside counties due to the Eagle, Reche, Saddleridge, Sandalwood, and Wolf Fires; and

WHEREAS on October 25, 2019, I proclaimed a state of emergency to exist in Los Angeles and Sonoma counties due to the Tick and Kincade Fires; and

WHEREAS on October 27, 2019, I proclaimed a state of emergency to exist in California due to the severe fire weather conditions beginning on October 26, 2019; and

WHEREAS during the historic fire weather conditions referenced in my proclamation dated October 27, 2019, numerous significant fires began burning in Los Angeles, Riverside, San Bernardino, and Ventura counties, including the 46, Easy, Getty, Hill, Hillside, and Maria Fires, for which the Federal Emergency Management Agency approved Fire Management Assistance Grants for the mitigation, management, and control of these fires; and

WHEREAS the fires identified in this Order have destroyed houses, mobilehomes, manufactured homes, and other structures, leaving behind housing loss and a significant amount of wildfire debris; and

WHEREAS these fires collectively forced the closure of multiple major highways and roadways and damaged or destroyed critical infrastructure; and

WHEREAS many residents face a challenging recovery and it is imperative that communities impacted by these fires are able to fully recover; 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 the mitigation of the effects of the these wildfires.

NOW, THEREFORE, I, GAVIN NEWSOM, Governor of the State of California, in accordance with the authority vested in me by the Constitution and statutes of the State of California, and in particular, Government Code sections 8567 and 8571, do hereby issue the following order to become effective immediately:

IT IS HEREBY ORDERED THAT:

  1. All orders and provisions contained in my proclamations dated October 11, 2019, October 25, 2019, and October 27, 2019 shall remain in full force and effect.
  2. The Office of Emergency Services shall provide local government assistance to the counties impacted by the 46, Easy, Getty, Hill, Hillside, and Maria Fires, if appropriate, under the authority of the California Disaster Assistance Act, Government Code section 8680 et seq., and California Code of Regulations, Title 19, section 2900 et seq.
  3. Vehicle Code sections 9265(a), 9867, 14901, 14902, and 15255.2, requiring the imposition of fees, are suspended with regard to any request for replacement of a driver’s identification card, vehicle registration certificate, or certificate of title, by any individual who lost such records as a result of the fires identified in this Order. Such records shall be replaced without charge.
  4. The provisions of Vehicle Code sections 4602 and 5902, requiring the timely registration or transfer of title are suspended with regard to any registration or transfer of title by any resident of impacted counties who is unable to comply with those requirements as a result of the fires identified in this Order. The time covered by this suspension shall not be included in calculating any late penalty pursuant to Vehicle Code section 9554.
  5. Health and Safety Code sections 103525.5 and 103625, and Penal Code section 14251, requiring the imposition of fees are hereby suspended with regard to any request for copies of certificates of birth, death, marriage, and dissolution of marriage records, by any individual who lost such records as a result of the fires identified in this Order. Such copies shall be provided without charge.
  6. State statutes, rules, regulations and requirements are hereby suspended to the extent they apply to the following activities: (a) removal, storage, transportation, and disposal of hazardous and non-hazardous solid waste and debris resulting from the fires identified in this Order that burned in areas that are subject to the jurisdiction of agencies within the California Environmental Protection Agency and the California Natural Resources Agency; and (b) necessary restoration and rehabilitation of timberland, streams, rivers, and other waterways. Such statutes, rules, regulations and requirements are hereby suspended only to the extent necessary for expediting the removal and cleanup of debris from the fires identified in this Order, and for implementing any restoration plan. Individuals who desire to conduct activities under this suspension of statutes, rules, regulations, and requirements shall first request that the appropriate Agency Secretary, or his delegate, make a determination that the proposed activities are eligible to be conducted under this suspension. The Secretary for the California Environmental Protection Agency and the Secretary for the California Natural Resources Agency shall use sound discretion in applying this Executive Order to ensure that the suspension serves the purpose of accelerating cleanup and recovery, while at the same time protecting public health and the environment, and may impose conditions, limitations, or other requirements with respect to the waivers identified in this Order to appropriately account for public health, safety, and the environment. This order shall apply to, but is not necessarily limited to: solid waste facility permits; waste discharge requirements for storage and disposal; emergency timber harvesting; emergency construction activities; and waste discharge requirements and/or Water Quality Certification for discharges of fill material or pollutants. To the extent it is within their administrative authority, the boards, departments, and offices within the California Environmental Protection Agency and the California Natural Resources Agency shall expedite the granting of other authorizations, waivers or permits necessary for the removal, storage, transportation, and disposal of hazardous and non-hazardous debris resulting from the fires identified in this Order, and for other actions necessary for the protection of public health and the environment.
  7. The Department of Alcoholic Beverage Control shall have the discretion to waive the 500-foot limitation and 180-day time period in Business and Professions Code section 24081 for any businesses that have been forced to relocate as a result of the fires identified in this Order. The Department of Alcoholic Beverage Control shall further have the discretion to waive transfer fees beyond the time limitations set forth in Business and Professions Code sections 24081 and 24082.
  8. The time limitation set forth in Penal Code section 4750(j) is waived for any jurisdiction submitting a claim for reimbursement that was impacted by the fire weather conditions or the fires identified in this Order. The State Controller shall have the discretion to provide the additional time extension, as appropriate.
  9. State statutes, rules, regulations and requirements set forth in the Mobilehome Parks Act (Health and Safety Code, section 18200, et seq., and Code of Regulations, title 25, section 1000 et seq.), the Special Occupancy Parks Act (Health and Safety Code, section 18860, et seq., and Code of Regulations, title 25, section 2000 et seq.), and the Manufactured Housing Act (Health and Safety Code, section 18000 et seq.) and regulations promulgated thereunder (Code of Regulations, title 25, section 4000 et seq., and 5510 et seq.) imposing or requiring fees, are suspended, as these laws pertain to disaster survivors and other residents in the counties identified in this Order, for two years from the date of this Order, to facilitate housing for those displaced by the significant wind event and wildfires described in this Order.
  10. The Department of Housing and Community Development and local enforcement agencies, including those with delegated disaster authority, shall jointly develop permitting, operating, and construction standards to maintain reasonable health and safety standards for the disaster survivors and other residents in the counties identified in this Order.
  11. The planning and zoning requirements in Government Code sections 65853 through 65863.13, as they pertain to housing projects in the counties identified in this Order, are suspended for three years from the date of this Order for recreational vehicles, mobilehomes, manufactured homes, mobilehome parks, and special occupancy parks damaged or destroyed as a result of the significant wind events and fires identified in this Order.
  12. Any local government zoning and land use ordinances in the counties identified in this Order, as authorized by the state statutes and regulations suspended by paragraphs 9 and 11 of this Order, that would preclude the placement and use of a manufactured home, mobilehome, or recreational vehicle on a private lot outside of a mobilehome park or special occupancy park for use during the reconstruction or repair of a home damaged or destroyed by the significant wind events and fires identified in this Order, are suspended for three years from the date of this Order for the individuals impacted by those events. Those individuals placing manufactured homes, mobilehomes, or recreational vehicles on lots pursuant to this paragraph shall obtain permits as directed by the Department of Housing and Community Development.

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.

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 of this Order.

IN WITNESS WHEREOF I have hereunto set my hand and caused the Great Seal of the State of California to be affixed this 22nd day November 2019.

GAVIN NEWSOM

Governor of California

ATTEST:

ALEX PADILLA

Secretary of State

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The full text of the Executive Order is found HERE.

Robb Mayberry

Robb Mayberry is a Public Information Officer for the California Governor’s Office of Emergency Services. He has assisted in the response and recovery efforts with some of California’s worst disasters, including the San Refugio Oil Spill, the Valley and Butte Wildfires, Aliso Canyon Gas Leak, Erskine Fire, and the Winters Storms of 2017. Prior to public service, he spent 25 years managing the public and media relations for some of Northern California’s largest healthcare organizations.

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