WHEREAS on March 11, 2011, a 9.0 magnitude earthquake occurred in Honshu, Japan, and generated a tsunami, and the earthquake and tsunami caused widespread damage and devastation in Japan; and
WHEREAS I proclaimed a State of Emergency in the counties Del Norte, Humboldt, Mendocino, San Luis Obispo, San Mateo, and Santa Cruz due to the damage caused by the tsunami and water surge that hit California’s coastline; and
WHEREAS the tsunami and water surge destroyed public and private property, loosened boats from moorings, sank vessels, damaged docks and pilings, caused debris to accumulate in harbors, necessitated environmental damage control measures to mitigate effects of fuels discharged in marinas, and has negatively impacted local businesses dependent upon marina access; and
WHEREAS workers are, or may be, unemployed as a result of the tsunami and water surge and are in need of immediate financial assistance, and the suspension of the statutory one-week waiting period for unemployment insurance applicants who are unemployed due to the tsunami and water surge would provide these unemployed workers with immediate financial assistance.
NOW, THEREFORE, I, EDMUND G. BROWN JR., Governor of the State of California, in accordance with the authority vested in me by the Constitution and statutes of the State of California, including the Emergency Services Act and in particular Government Code sections 8567 and 8571, do hereby issue this Executive Order, effective immediately, to mitigate the effects of the emergency due to the tsunami and water surge in the counties of Del Norte, Humboldt, Mendocino, San Luis Obispo, San Mateo, and Santa Cruz.
IT IS HEREBY ORDERED THAT:
1. State agencies shall, as necessary for the protection of public health and the environment, enter into contracts and arrange for, or assist local governments to enter into contracts and arrange for the procurement of materials, goods, and services necessary to quickly remove dangerous debris, repair damaged resources, and restore and protect the impacted areas. Because strict compliance with the provisions of the Government Code and the Public Contract Code applicable to state contracts would prevent, hinder, or delay these efforts, applicable provisions of those statutes, including, but not limited to, advertising and competitive bidding requirements, are suspended to the extent necessary to address the effects of the tsunami and water surge.
2. Standby order number one is invoked. Standby order number one provides: It is hereby ordered that the period of employment for State Personnel Board emergency appointments, as provided in Sections 19888, 19888.1 of the Government Code and State Personnel Board Rules 300-303, be waived for positions required for involvement in emergency and/or recovery operations. The requirements and period of employment for such appointments will be determined by the Secretary of the California Emergency Management Agency (Cal EMA), but shall not extend beyond the termination date of said State of Emergency.
3. The provisions of Unemployment Insurance Code section 1253 imposing a one-week waiting period for unemployment insurance applicants are suspended as to all applicants who are unemployed as a direct result of the tsunami and water surge in the counties of Del Norte, Humboldt, Mendocino, San Luis Obispo, San Mateo, and Santa Cruz, who apply for unemployment insurance benefits during the time period beginning March 12, 2011, and ending on the close of business on April 12, 2011, and who are otherwise eligible for unemployment insurance benefits in California.
IT IS FURTHER REQUESTED that the Franchise Tax Board and the Board of Equalization consider using their administrative powers where appropriate to provide those individuals and/or businesses impacted by the tsunami and water surge with extensions for filing, audits, billing, notices, assessments and relief from subsequent penalties.
This Executive 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 shall be filed in the Office of the Secretary of State and that widespread publicity and notice be given to 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 17 day of March, 2011
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EDMUND G. BROWN JR.
Governor of California
ATTEST:
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DEBRA BOWEN
Secretary of State