EXECUTIVE ORDER B-41-17
WHEREAS on July 18, 2017, I proclaimed a State of Emergency to exist in Mariposa County due to the effects of the Detwiler Fire; and
WHEREAS the Detwiler Fire has rapidly burned tens of thousands of acres of land and continues to burn; and
WHEREAS this fire has destroyed structures and continues to threaten homes, necessitating the continued evacuation of thousands of residents; and
WHEREAS this fire has damaged power, water, and communication infrastructure, and has forced the closure of roadways; and
WHEREAS under the July 18, 2017, State of Emergency Proclamation, pursuant to the provisions of section 8558(b) of the Government Code, I found that conditions of extreme peril to the safety of persons and property exist in Mariposa County due to the Detwiler Fire; 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 Detwiler Fire.
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 section 8567, do hereby issue this Executive Order, effective immediately.
IT IS HEREBY ORDERED THAT:
1. All of the Orders contained in my July 18, 2017, Proclamation of a State of Emergency, continue in effect.
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 Detwiler Fire that has burned and continues to burn 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 Detwiler Fire, 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. 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 Detwiler Fire, 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 assist with the response to and recovery from the impacts of the fire. Applicable provisions of the Government Code and the Public Contract Code, including but not limited to travel, advertising, and competitive bidding requirements, are suspended to the extent necessary to address the effects of the fires.
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 20th day of July, 2017.
EDMUND G. BROWN JR.
Governor of California
ATTEST:
ALEX PADILLA
Secretary of State