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Bill May 26, 2026

State of emergency: Governor's powers and annual report.

Existing law, the California Emergency Services Act (CESA) , among other things, authorizes the Governor to proclaim a state of emergency in an area affected by, or likely to be affected by, conditions of disaster or extreme peril to the safety of persons and property within the state if specified local officials request the proclamation or the Governor determines that local authority is inadequate to cope with the emergency. During a state of emergency, existing law confers on the Governor, to the extent the Governor deems necessary, complete authority over all agencies of the state government and the right to exercise within the area designated all police power vested in the state by the Constitution and laws of the state to effectuate the purposes of the CESA. Existing law requires the Governor, in the exercise of that authority, to promulgate, issue, and enforce orders and regulations as the Governor deems necessary. This bill would state the intent of the Legislature, in enacting the CESA, to provide flexibility for the administration to respond to emergencies, but not an alternative legislative, budget, or regulatory process. The bill would further state that, to the greatest extent possible, additional spending should be undertaken through the Legislature's budget and policy process, as defined, and changes to law or regulation should be undertaken through state legislation. This bill would further require the Governor, in cases where the Governor orders the suspension or modification of existing statutes or regulations, including the state Budget Act, or promulgates new statutes or regulations, to demonstrate in each order the need for those suspensions, modifications, or promulgations and specify the general reasons why the Legislature's budget and policy processes are insufficient to address these needs. The bill would require the Office of Emergency Services, on or before July 1, 2027, and on or before July 1 of each year thereafter, to prepare and sub

https://openstates.org/ca/bills/20252026/SB1020/
Roger Niello State Senator
Governor'spowersandannualreport Stateofemergency
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