EXECUTIVE ORDER B-27-14
WHEREAS on August 2, 2014, I proclaimed a state of emergency to exist in the State of California due to wildfires burning in Siskiyou County; and
WHEREAS on September 12, 2014, I issued an Executive Order regarding the fires burning in Northern California, including Siskiyou County; and
WHEREAS on September 17, 2014, I proclaimed a state of emergency to exist in the State of California due to new wildfires burning in Siskiyou County; and
WHEREAS the Federal Emergency Management Agency granted a Federal Fire Management Assistance Grant for the Boles Fire that burned in Siskiyou County; and
WHEREAS wildfires have burned thousands of acres of land, destroyed structures, including homes, damaged critical infrastructure, and forced the closure of major highways and local roads; and
WHEREAS the wildfires have created a substantial amount of ash, burnt vegetation, and other such debris over a large area of communities; and
WHEREAS this debris is threatening public health and safety, and must be removed and disposed of quickly and properly to ensure that the areas can be reoccupied safely; and
WHEREAS under the provisions of section 8571 of the Government Code, I find that strict compliance with the various statutes and regulations specified in this order would prevent, hinder, or delay the mitigation of the effects of the wildfires.
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, and in particular, sections 8567 and 8571 of the California Government Code, do hereby issue the following orders to become effective immediately:
IT IS HEREBY ORDERED THAT:
1. The Office of Emergency Services provide local government assistance, as appropriate, under the authority of the California Disaster Assistance Act, California Government Code section 8680 et seq. and California Code of Regulations, Title 19, section 2900 et seq.
2. 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 wildfires that have burned and continue to burn in Siskiyou County and 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, and for implementing any restoration plan by Siskiyou County. 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. 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, and for other actions necessary for the protection of public health and the environment.
3. As necessary to assist local governments and for the protection of public health and the environment, state agencies shall enter into contracts to arrange for the procurement of materials, goods, and services necessary to quickly remove dangerous debris, repair damaged resources, and restore and protect the impacted watershed. 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 travel, advertising and competitive bidding requirements, are suspended to the extent necessary to address the effects of the fires.
4. State agencies and departments within my administration shall work with local officials to assist them in establishing and implementing a comprehensive structural debris removal plan.
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 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 6th day of October 2014.
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EDMUND G. BROWN JR.
Governor of California
ATTEST:
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DEBRA BOWEN
Secretary of State