Archive for the ‘State of California’ Category

Gov. Newsom issues executive order on actions in response to COVID-19 including CSU admissions criteria, deadline for real estate license extensions

Friday, April 17th, 2020

The order also addresses background checks for essential workers

SACRAMENTO (Apr 16, 2020) – On Thursday, Governor Gavin Newsom signed an executive order addressing a variety of issues in response to the COVID-19 pandemic, including adjusting admissions requirements for the California State University system and providing flexibility for 60 days on background checks for critical infrastructure sectors. (See the entire order, below).

Specifically, the CSU system will be able to waive hearing requirements to be able to make adjustments to admissions criteria for students applying this coming fall to enter as freshmen in the fall of 2021.

Additionally, the order will allow the California Department of Justice to develop procedures to perform name-based background checks to protect health and safety and avoid delays in processing employment for critical sectors, such as health care services and care and support for vulnerable populations.

The executive order also will allow federal stimulus checks to flow directly to custodial parents owed back child support payments and will additionally allow for commercially licensed food trucks to be able to temporarily operate in roadside rest areas for a period of 60 days, to ensure essential infrastructure workers have access to food. Caltrans will be charged with developing and implementing a process to administer the temporary permits.

The text of the Governor’s executive order can be found here and a copy can be found here.

Learn more about the state’s ongoing COVID-19 response efforts here. Visit covid19.ca.gov for critical steps Californians can take to stay healthy, and resources available to those impacted by the outbreak.

EXECUTIVE ORDER N-52-20

WHEREAS on March 4, 2020, I proclaimed a State of Emergency to exist in California as a result of the threat of COVID-19; and

WHEREAS despite sustained efforts, COVID-19 continues to spread and is impacting nearly all sectors of California; and

WHEREAS the COVID-19 pandemic and the necessary physical distancing measures implemented have affected governmental agencies, workers, private businesses, and California residents alike, with associated impacts on adherence to certain statutory and regulatory deadlines; and

WHEREAS a shortage of fingerprinting services has arisen in California despite those services being included among the essential critical infrastructure sectors identified pursuant to Executive Order N-33-20, and this shortage is impacting other essential critical infrastructure sectors, including the healthcare sector and other programs that provide care and support to vulnerable Californians; and

WHEREAS to prevent potential impairment of delivery of critical healthcare services and of care and support for vulnerable populations, the California Department of Justice, working in concert with the California Health and Human Services Agency and other agencies and departments, is developing procedures to perform name-based criminal background checks, consistent with Penal Code sections 11105.7 and 11105.75, and subject to certain conditions, including a requirement that each applicant’s identity and criminal history be verified by fingerprints as soon as practicable after an initial check based on other identifying information has been performed; and

WHEREAS individuals who are tested for COVID-19 should have access to test results, and important information on test interpretation, isolation, and care guidance, in an expeditious and deliberate manner; and

WHEREAS illness due to COVID-19 and physical distancing requirements imposed to limit spread of the virus impede the ability of the California Coastal Commission, the State Water Resources Control Board, members of the public, and others to meet certain time limits set forth in the Permit Streamlining Act and the Public Resources Code; and

WHEREAS the COVID-19 pandemic and subsequent school closures has disrupted the lives and educational progress of K-12 students, impacting their ability to meet existing admissions prerequisites for the California State University system; and

WHEREAS it is important that the trucking industry have access to food at highway rest areas while maintaining the critical supply chain throughout this state; and

WHEREAS federal financial relief provided under the Coronavirus Aid, Relief and Economic Security Act (CARES Act) should be made swiftly available to individuals who would otherwise be entitled to it—including custodial parents and other caregivers entitled to past due support—notwithstanding state law providing that certain federal tax refund offsets should first be applied to support owed to the State; 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 appropriate actions to prevent and mitigate the effects of the COVID-19 pandemic.

NOW, THEREFORE, I, GAVIN NEWSOM, Governor of the State of California, in accordance with the authority vested in me by the State Constitution and statutes of the State of California, and in particular, Government Code sections 8567, 8571, and 8627, do hereby issue the following Order to become effective immediately:

IT IS HEREBY ORDERED THAT:

1) The timeframes set forth in Business and Professions Code, Division 4, Part 1, Chapter 3, Article 2 (Section 10150, et seq.) are hereby extended for a period of 60 days. The deadlines specified in Business and Professions Code, Division 4, Part 1, Chapter 3, Article 4 (Section 10200, et seq.), related to payment of real estate license application, and renewal fees, are hereby extended for a period of 60 days.   2) The timeframes set forth in the Business and Professions Code Division 4, Part 1, Chapter 3, Article 2.5 (Section 10170 et seq.), relating to continuing education requirements for real estate licensees, are hereby extended for a period of 60 days.

3) The deadlines specified in existing Orders issued by the Real Estate Commissioner pursuant to Business and Professions Code, Division 4, Part 1 are hereby extended for a period of 60 days.

4) The June 1, 2020 deadline specified in Education Code section 8434(g), related to the election of a representative for family childcare providers, is extended to August 1, 2020.

5) The requirements specified in Harbors and Navigation Code section 1176 and in California Code of Regulations, title 7, sections 217.5 and 217.10 that a pilot be found fit-for-duty as a condition of having his or her license renewed and that a pilot trainee be found fit-for-duty to be allowed to continue in the training program are temporarily waived. The temporary waiver of a fit-for-duty determination applies to pilots whose license expires between April 1, 2020, and July 31, 2020, and to trainees whose anniversary of admission to the training program falls between these same dates. These fit-for-duty requirements must be satisfied by December 31, 2020, unless this Order is further extended.

6) The training requirements specified in California Code of Regulations, title 7, section 215 relating to continuing education for pilots are temporarily waived for those pilots required to complete training in 2020. These pilots must satisfy these waived training requirements by June 30, 2021, unless this Order is further extended.

7) The three-year maximum length of the training program for pilot trainees specified in Harbors and Navigation Code section 1171.5 (c) and California Code of Regulations, title 7, section 214 (c) is extended by one year for trainees who have been unable to train on vessels because of the COVID-19 pandemic.

8) The provisions of California Vehicle Code section 2501 requiring all licenses issued to privately owned or operated ambulances used to respond to emergency calls, privately owned armored cars, and fleet owner inspection and maintenance stations that expire one year after the licenses are issued are hereby extended for a period of 60 days from the license expiration date. This extension is applicable to licenses expired on or after March 4, 2020, or will expire within 60 days from the date of this Order.

9) For holders of current commercial driver’s licenses or certificates, whose required medical certificate has or will expire on or after March 1, 2020, the timeframes set forth in Vehicle Code section 12804.9(c), and accompanying regulations, pertaining to possessing a valid medical certificate in order to maintain a valid commercial driver license or certificate, are waived until June 30, 2020.

10) The time limits set forth in the Permit Streamlining Act in Government Code sections 65943, 65950, 65952, and 65956, and in Public Resources Code sections 30512, 30513, 30603, 30606, 30621, 30622, 30625, 30714, and 30812 are suspended, with respect to actions by or matters before the California Coastal Commission or the State Water Resources Control Board, for a period of 60 days. This paragraph pauses the time limits in the referenced sections but does not restart them, and should be construed to toll those timeframes for 60 days, such that no time should be counted for 60 days, but that any days that elapsed prior to this suspension are still counted.

11) To the extent any provision of state law might restrict the exercise of the California Department of Justice’s authority to conduct criminal background checks pursuant to Penal Code section 11105 based on identifying information other than fingerprints for individuals performing tasks that require licensure pursuant to pursuant to Division 2 of the Business and Professions Code or providing services or care pursuant to the California Community Care Facilities Act (Chapter 3 of Division 2 of the Health and Safety Code), the California Residential Care Facilities for the Elderly Act (Chapter 3.2 of Division 2 of the Health and Safety Code), the California Child Day Care Facilities Act (Chapter 3.4 of Division 2 of the Health and Safety Code) or In-Home Supportive Services (Article 7 of Chapter 3 of Part 3 of Division 9 of the Welfare and Institutions Code and Welfare and Institutions Code sections 14132.95, 14132.952, and 14132.956), those provisions are suspended for a period of 60 days.

12) To the extent any provision of state law might restrict the exercise of the California Department of Justice’s authority to waive or eliminate the applicable fee for a criminal background check conducted pursuant to Paragraph 11, those provisions are suspended for a period of 60 days.     13) Health and Safety Code section 123148(b)(1) is suspended to the extent it requires a health care professional to review COVID-19 test results before those test results may be disclosed to a patient via the Internet or other electronic means, on the condition that any such disclosure must be conducted in accordance with an order of the State Public Health Officer or a local public health officer, and with guidance issued by the California Department of Public Health pursuant this paragraph. The California Department of Public Health shall issue guidance concerning large-scale COVID-19 testing, as well as appropriate test interpretation, isolation, and care measures to be undertaken in conjunction with such testing.

14) All requirements in Education Code section 89030.5, which permits a change in the criteria for admission to a California State University campus to become effective only after public hearings have been held and only after a period of at least six months or one year (as applicable) has elapsed after that change is approved by the chancellor, are waived through June 30, 2021.

15) The restrictions for commercial activities in safety roadside rest areas specified in Streets and Highways Code sections 225 and 225.5 and Vehicle Code sections 22518, 22520.5 and 22520.6, and accompanying regulations, are suspended for a period of 60 days, to the extent necessary to allow commercially licensed food trucks to operate and sell food in designated safety roadside rest areas in compliance with a temporary permit issued by Caltrans. Caltrans is authorized to develop and implement a process to issue and administer temporary permits allowing commercially licensed food truck vendors that otherwise are in compliance with state and local licensing and permitting requirements to operate and sell food in designated safety roadside rest areas. The development and implementation of this process shall not be subject to the Administrative Procedure Act, Government Code section 11340 et seq.

16) Code of Civil Procedure section 695.221(e), concerning credits to the State from certain collections received from federal tax refund offsets when the recipient of such a refund owes past due support, is suspended.

IT IS FURTHER ORDERED 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.

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.

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Gov. Newsom taps all former California governors and other leaders for new Business and Jobs Recovery Task Force

Friday, April 17th, 2020

Governor appoints business and civic leader, and former Democratic presidential candidate Tom Steyer Chief Advisor and as task force co-chair with governor’s Chief of Staff Ann O’Leary

All of California’s former governors and California’s legislative leaders across both political parties join the task force

Brings together Californian government, business, labor, health care and community leaders from across diverse range of the state’s economy to develop recommendations for a plan that works for all Californians, with a focus on the regions and communities hardest hit by the pandemic

Former Federal Reserve Chair Janet Yellen, Disney Executive Chairman Bob Iger, ILWU President Willie Adams, President and CEO of the California Community Foundation Antonia Hernandez, former head of the Small Business Administration Aida Álvarez and Apple CEO Tim Cook will be part of the task force stepping up to help California pave the way toward a fast, safe recovery of jobs

SACRAMENTO (April 17, 2020) – Bringing together leaders across California’s diverse, innovative economic and social sectors to chart a path forward on recovery in the wake of COVID-19, Governor Gavin Newsom today announced the formation of a state Task Force on Business and Jobs Recovery. The Task Force will be co-chaired by Governor Newsom’s Chief of Staff Ann O’Leary and philanthropist, environmentalist and businessman Tom Steyer, who was also appointed Chief Advisor to the Governor on Business and Jobs Recovery. He will receive no compensation for his service.

Members of the Task Force include Senate President pro Tempore Toni Atkins, Assembly Speaker Anthony Rendon, Senate Minority Leader Shannon Grove, Assembly Minority Leader Marie Waldron, former Federal Reserve Chair Janet Yellen, Walt Disney Company Executive Chairman Bob Iger, former head of the Small Business Administration Aida Álvarez and dozens of prominent leaders in business, labor, health care, academia and philanthropy.

Read the full list of Task Force members here.

“This pandemic has forced millions of Californians out of jobs – with the most vulnerable hit the hardest,” said Governor Newsom. “While we have made significant progress in flattening the curve and increased preparedness of our health care delivery system, the actions taken have also impacted the economy, poverty and overall health care in California. We will use a gradual, science-based and data-driven framework to guide our re-opening timing while planning our economic recovery. I am honored that dozens of leaders in business, labor, health and philanthropy are stepping up to meet this moment by committing their time and talent to lift up all Californians. Through their leadership, and the leadership of California’s 40 million residents, I have no doubt we will emerge stronger from this crisis.”

The Task Force will work to develop actions government and businesses can take to help Californians recover as fast as safely possible from the COVID-19 induced recession and to shape a fair, green, and prosperous future. They will meet twice a month throughout 2020 to develop options that would work for all Californians, with a particular focus on those hardest hit by the pandemic.

“Governor Newsom has been a steady hand and shining example of how to lead during a crisis, and I am thrilled to help in this critical way,” said Tom Steyer. “In the coming weeks and months, we will bring together the public and private sectors, outside experts, organized labor, environmental groups, and activists to develop recommendations for a recovery plan that works for all Californians, with an emphasis on those communities hardest hit by the pandemic. Our goal is to present Governor Newsom with tangible actions that leverage the task force’s expertise to rebuild California, emphasize smart, green technologies and provide a model for just economic development for our country.”

The Task Force will craft ideas for short, medium, and long-term solutions that reflect communities across the state, and emphasize a fair and equitable recovery. There will be significant emphasis of the state’s strengths, including diversity and innovation. The Task Force will not only focus on our immediate recovery, but on actions to support a cleaner, more equitable and prosperous future for all Californians. It will build on the important work of other groups including the Governor’s Council of Economic Advisors, the Higher Education Council and the Commission on the Future of Work. Both co-chairs of the Future of Work Commission, President of SEIU Mary Kay Henry and Senior Partner of McKinsey & Company James Manyika, will serve on the new Task Force.

The governor formed the Business and Jobs Recovery Task Force just days after he announced a multi-state Task Force with Oregon and Washington to coordinate the reopening of our regional economy. Governor Newsom outlined a road map to recovery with six indicators that should be met before California’s stay-at-home orders are modified.

The COVID-19 pandemic has had a devastating effect on California’s economy. The state has seen more than 2.8 million unemployment claims since March 12, 2020 – not including undocumented residents or independent contractors. The impact has been particularly devastating for California’s small businesses.

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Gov. Newsom unveils six indicators he will consider before modifying stay-at-home order

Tuesday, April 14th, 2020

SACRAMENTO (April 14, 2020) – Governor Gavin Newsom today unveiled six key indicators that will guide California’s thinking for when and how to modify the stay-at-home and other orders during the COVID-19 pandemic. (View presentation here)

The Governor noted that the progress in flattening the curve, increased preparedness of our health care delivery system and the effects of other COVID-19 interventions have yielded positive results. However, these actions have also impacted the economy, poverty and overall health care in California. Any consideration of modifying the stay-at-home order must be done using a gradual, science-based and data-driven framework.

“While Californians have stepped up in a big way to flatten the curve and buy us time to prepare to fight the virus, at some point in the future we will need to modify our stay-at-home order,” said Governor Newsom. “As we contemplate reopening parts of our state, we must be guided by science and data, and we must understand that things will look different than before.”

Until we build immunity, our actions will be aligned to achieve the following:

  • Ensure our ability to care for the sick within our hospitals;
  • Prevent infection in people who are at high risk for severe disease;
  • Build the capacity to protect the health and well-being of the public; and
  • Reduce social, emotional and economic disruptions

California’s six indicators for modifying the stay-at-home order are:

  • The ability to monitor and protect our communities through testing, contact tracing, isolating, and supporting those who are positive or exposed;
  • The ability to prevent infection in people who are at risk for more severe COVID-19;
  • The ability of the hospital and health systems to handle surges;
  • The ability to develop therapeutics to meet the demand;
  • The ability for businesses, schools, and childcare facilities to support physical distancing; and
  • The ability to determine when to reinstitute certain measures, such as the stay-at-home orders, if necessary.

The Governor said there is not a precise timeline for modifying the stay-at-home order, but that these six indicators will serve as the framework for making that decision.

He also noted that things will look different as California makes modifications. For example, restaurants will have fewer tables and classrooms will be reconfigured.

For more information on California’s response, visit covid19.ca.gov.

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Newsom, Oregon and Washington governors announce western states pact for reopening economies

Monday, April 13th, 2020

States agree region will move toward reopening based on health outcomes

Gov. Newsom. Photo: Office of the California Governor.

SACRAMENTO (April 13, 2020) — Today, California Governor Gavin Newsom, Oregon Governor Kate Brown and Washington Governor Jay Inslee announced an agreement on a shared vision for reopening their economies and controlling COVID-19 into the future.

Joint statement from the Governors:

“COVID-19 has preyed upon our interconnectedness. In the coming weeks, the West Coast will flip the script on COVID-19 – with our states acting in close coordination and collaboration to ensure the virus can never spread wildly in our communities.

We are announcing that California, Oregon and Washington have agreed to work together on a shared approach for reopening our economies – one that identifies clear indicators for communities to restart public life and business.

While each state is building a state-specific plan, our states have agreed to the following principles as we build out a West Coast framework:

Our residents’ health comes first. As home to one in six Americans and gateway to the rest of the world, the West Coast has an outsized stake in controlling and ultimately defeating COVID-19.

Health outcomes and science – not politics – will guide these decisions. Modifications to our states’ stay at home orders must be made based off our understanding of the total health impacts of COVID-19, including: the direct impact of the disease on our communities; the health impact of measures introduced to control the spread in communities —particularly felt by those already experiencing social disadvantage prior to COVID-19; and our health care systems’ ability to ensure care for those who may become sick with COVID-19 and other conditions. This effort will be guided by data. We need to see a decline in the rate of spread of the virus before large-scale reopening, and we will be working in coordination to identify the best metrics to guide this.

Our states will only be effective by working together. Each state will work with its local leaders and communities within its borders to understand what’s happening on the ground and adhere to our agreed upon approach.

Through quick and decisive action, each of our states has made significant progress in flattening the curve and slowing the spread of COVID-19 among the broader public. Now, our public health leaders will focus on four goals that will be critical for controlling the virus in the future.

  • Protecting vulnerable populations at risk for severe disease if infected. This includes a concerted effort to prevent and fight outbreaks in nursing homes and other long-term care facilities.
  • Ensuring an ability to care for those who may become sick with COVID-19 and other conditions. This will require adequate hospital surge capacity and supplies of personal protective equipment.
  • Mitigating the non-direct COVID-19 health impacts, particularly on disadvantaged communities.
  • Protecting the general public by ensuring any successful lifting of interventions includes the development of a system for testing, tracking and isolating. The states will work together to share best practices.

COVID-19 doesn’t follow state or national boundaries. It will take every level of government, working together, and a full picture of what’s happening on the ground.

In the coming days the governors, their staff and health officials will continue conversations about this regional pact to recovery.”

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California Judicial Council adopts new rules to lower jail population, sets bail at $0, suspends evictions and foreclosures

Tuesday, April 7th, 2020

Judicial Council Chair, Chief Justice Tani G. Cantil-Sakauye ran the teleconference call from the council’s office in Sacramento. Photo by JCC.

11 temporary emergency rules include $0 statewide bail for misdemeanors and lower-level felonies during COVID-19 pandemic to “safely reduce jail populations”

By Blaine Corren, Senior Communications and Public Affairs Analyst, California Judicial Council

VIA TELECONFERENCE—At its meeting on Monday, April 6, 2020, the Judicial Council of California approved 11 temporary emergency rules, including setting bail statewide at $0 for misdemeanors and lower-level felonies to “safely reduce jail populations” and staying eviction and foreclosure proceedings to protect Californians from losing their homes during the COVID-19 pandemic.

This was the second emergency council meeting of court and branch leaders from around the state to consider further measures to ensure California courts—which remain open as “essential services” under Gov. Newsom’s stay-home executive order—can meet stringent health directives while also providing due process and access to justice.

“We are at this point truly with no guidance in history, law, or precedent,” said Chief Justice Tani Cantil-Sakauye, chair of the council. “And to say that there is no playbook is a gross understatement of the situation. In developing these rules, we listened to suggestions from our justice system partners, the public, and the courts, and we greatly appreciate all of the input. Working with our court stakeholders, I’m confident we can preserve the rule of law and protect the rights of victims, the accused, litigants, families and children, and all who seek justice. It’s truly a team effort.”

Members of the Judicial Council of California. Photo from 2018 by JCC.

The council received and considered more than 100 written comments on the new rules from judges, public defenders, district attorneys, law enforcement, legal aid and advocacy groups, unions, attorneys, court reporters, interpreters, and other justice system partners.

Among the actions the council approved, to go into effect immediately:

  • Suspend the entry of defaults in eviction cases;
  • Suspend judicial foreclosures;
  • Allow courts to require judicial proceedings and court operations be conducted remotely, with the defendant’s consent in criminal proceedings;
  • Adopt a statewide emergency bail schedule that sets bail at $0 for most misdemeanor and lower-level felony offenses;
  • Allow defendants to appear via counsel or remote technologies for pretrial criminal hearings;
  • Prioritize hearings and orders in juvenile justice proceedings and set a structure for remote hearings and continuances
  • Extend the timeframes for specified temporary restraining orders;
  • Extend the statutes of limitations governing civil actions; and
  • Allow electronic depositions in civil cases.

The council previously approved a number of temporary measures at its first emergency meeting Mar. 28 to give courts flexibility to continue to provide essential services to the public while protecting health and safety during the pandemic.

For a complete list of emergency orders taken by the California court system in response to the COVID-19 pandemic, see the California Courts Newsroom.

About the Judicial Council

Under the leadership of the Chief Justice and in accordance with the California Constitution, the council is responsible for ensuring the consistent, independent, impartial, and accessible administration of justice. Judicial Council staff implements the council’s policies.

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Complete list of Essential Critical Infrastructure Workers in California

Monday, March 23rd, 2020

Updated 3/22/20

From Office of the Governor of California Coronavirus (COVID-19) Response

On March 19, 2020, Governor Newsom issued Executive Order N-33-20 directing all residents immediately to heed current State public health directives to stay home, except as needed to maintain continuity of operations of essential critical infrastructure sectors and additional sectors as the State Public Health Officer may designate as critical to protect health and well-being of all Californians.

In accordance with this order, the State Public Health Officer has designated the following list of “Essential Critical Infrastructure Workers” to help state, local, tribal, and industry partners as they work to protect communities, while ensuring continuity of functions critical to public health and safety, as well as economic and national security.

See the list, here. Updates to this list may be issued periodically, with the most recent updates reflected in blue text.

HEALTHCARE / PUBLIC HEALTH

Sector Profile

The Healthcare and Public Health (HPH) Sector is large, diverse, and open, spanning both the public and private sectors. It includes publicly accessible healthcare facilities, research centers, suppliers, manufacturers, and other physical assets and vast, complex public-private information technology systems required for care delivery and to support the rapid, secure transmission and storage of large amounts of HPH data.

Essential Workforce

  • Workers providing COVID-19 testing; Workers that perform critical clinical research needed for COVID-19 response.
  • Health care providers and caregivers (e.g., physicians, dentists, psychologists, mid-level practitioners, nurses and assistants, infection control and quality assurance personnel, pharmacists, physical and occupational therapists and assistants, social workers, speech pathologists and diagnostic and therapeutic technicians and technologists).
  • Hospital and laboratory personnel (including accounting, administrative, admitting and discharge, engineering, epidemiological, source plasma and blood donation, food service, housekeeping, medical records, information technology and operational technology, nutritionists, sanitarians, respiratory therapists, etc.).
  • Workers in other medical facilities (including Ambulatory Health and Surgical, Blood Banks, Clinics, Community Mental Health, Comprehensive Outpatient rehabilitation, End Stage Renal Disease, Health Departments, Home Health care, Hospices, Hospitals, Long Term Care, Organ Pharmacies, Procurement Organizations, Psychiatric, Residential, Rural Health Clinics and Federally Qualified Health Centers, cannabis retailers).
  • Manufacturers, technicians, logistics and warehouse operators, and distributors of medical equipment, personal protective equipment (PPE), medical gases, pharmaceuticals, blood and blood products, vaccines, testing materials, laboratory supplies, cleaning, sanitizing, disinfecting or sterilization supplies, personal care/hygiene products, and tissue and paper towel products.
  • Public health / community health workers, including those who compile, model, analyze and communicate public health information.
  • Behavioral health workers (including mental and substance use disorder) responsible for coordination, outreach, engagement, and treatment to individuals in need of mental health and/or substance use disorder services.
  • Blood and plasma donors and the employees of the organizations that operate and manage related activities.
  • Workers that manage health plans, billing, and health information, who cannot practically work remotely.
  • Workers who conduct community-based public health functions, conducting epidemiologic surveillance, compiling, analyzing and communicating public health information, who cannot practically work remotely.
  • Workers who provide support to vulnerable populations to ensure their health and well-being including family care providers
  • Workers performing cybersecurity functions at healthcare and public health facilities, who cannot practically work remotely.
  • Workers conducting research critical to COVID-19 response.
  • Workers performing security, incident management, and emergency operations functions at or on behalf of healthcare entities including healthcare coalitions, who cannot practically work remotely.
  • Workers who support food, shelter, and social services, and other necessities of life for economically disadvantaged or otherwise needy individuals, such as those residing in shelters.
  • Pharmacy employees necessary for filling prescriptions.
  • Workers performing mortuary services, including funeral homes, crematoriums, and cemetery workers.
  • Workers who coordinate with other organizations to ensure the proper recovery, handling, identification, transportation, tracking, storage, and disposal of human remains and personal effects; certify cause of death; and facilitate access to behavioral health services to the family members, responders, and survivors of an incident.
  • Workers supporting veterinary hospitals and clinics

EMERGENCY SERVICES SECTOR

Sector Profile

The Emergency Services Sector (ESS) is a community of highly-skilled, trained personnel, along with the physical and cyber resources, that provide a wide range of prevention, preparedness, response, and recovery services during both day-to-day operations and incident response. The ESS includes geographically distributed facilities and equipment in both paid and volunteer capacities organized primarily at the federal, state, local, tribal, and territorial levels of government, such as city police departments and fire stations, county sheriff’s offices, Department of Defense police and fire departments, and town public works departments. The ESS also includes private sector resources, such as industrial fire departments, private security organizations, and private emergency medical services providers.

Essential Workforce – Law Enforcement, Public Safety and First Responders

  • Including front line and management, personnel include emergency management, law enforcement, Emergency Management Systems, fire, and corrections, search and rescue, tactical teams including maritime, aviation, and canine units.
  • Emergency Medical Technicians
  • Public Safety Answering Points and 911 call center employees
  • Fusion Center employees
  • Fire Mitigation Activities
  • Hazardous material responders and hazardous devices teams, from government and the private sector.
  • Workers – including contracted vendors — who maintain digital systems infrastructure supporting law enforcement and emergency service operations.
  • Private security, private fire departments, and private emergency medical services personnel.
  • County workers responding to abuse and neglect of children, elders and dependent adults.
  • Animal control officers and humane officers

Essential Workforce – Public Works

  • Workers who support the operation, inspection, and maintenance of essential dams, locks and levees
  • Workers who support the operation, inspection, and maintenance of essential public works facilities and operations, including bridges, water and sewer main breaks, fleet maintenance personnel, construction of critical or strategic infrastructure, construction material suppliers, traffic signal maintenance, emergency location services for buried utilities, maintenance of digital systems infrastructure supporting public works operations, and other emergent issues
  • Workers such as plumbers, electricians, exterminators, and other service providers who provide services that are necessary to maintaining the safety, sanitation, and essential operation of residences.
  • Support, such as road and line clearing, to ensure the availability of needed facilities, transportation, energy and communications Support to ensure the effective removal, storage, and disposal of residential and commercial solid waste and hazardous waste.

FOOD AND AGRICULTURE

Sector Profile

The Food and Agricultural (FA) Sector is composed of complex production, processing, and delivery systems and has the capacity to feed people and animals both within and beyond the boundaries of the United States. Beyond domestic food production, the FA Sector also imports many ingredients and finished products, leading to a complex web of growers, processors, suppliers, transporters, distributors, and consumers. This sector is critical to maintaining and securing our food supply.

Essential Workforce

  • Workers supporting groceries, pharmacies, and other retail that sells food and beverage products, including but not limited to Grocery stores, Corner stores and convenience stores, including liquor stores that sell food, Farmers’ markets, Food banks, Farm and produce stands, Supermarkets, Similar food retail establishments, Big box stores that sell groceries and essentials
  • Restaurant carry-out and quick serve food operations – including food preparation, carry-out and delivery food employees
  • Food manufacturer employees and their supplier employees—to include those employed in food processing (packers, meat processing, cheese plants, milk plants, produce, etc.) facilities; livestock, poultry, seafood slaughter facilities; pet and animal feed processing facilities; human food facilities producing by-products for animal food; beverage production facilities; and the production of food packaging
  • Farm workers to include those employed in animal food, feed, and ingredient production, packaging, and distribution; manufacturing, packaging, and distribution of veterinary drugs; truck delivery and transport; farm and fishery labor needed to produce our food supply domestically
  • Farm workers and support service workers to include those who field crops; commodity inspection; fuel ethanol facilities; storage facilities; and other agricultural inputs
  • Employees and firms supporting food, feed, and beverage distribution (including curbside distribution and deliveries), including warehouse workers, vendor-managed inventory controllers, blockchain managers, distribution
  • Workers supporting the sanitation of all food manufacturing processes and operations from wholesale to retail
  • Company cafeterias – in-plant cafeterias used to feed employees
  • Workers in food testing labs in private industries and in institutions of higher education
  • Workers essential for assistance programs and government payments
  • Workers supporting cannabis retail and dietary supplement retail
  • Employees of companies engaged in the production of chemicals, medicines, vaccines, and other substances used by the food and agriculture industry, including pesticides, herbicides, fertilizers, minerals, enrichments, and other agricultural production aids
  • Animal agriculture workers to include those employed in veterinary health; manufacturing and distribution of animal medical materials, animal vaccines, animal drugs, feed ingredients, feed, and bedding, etc.; transportation of live animals, animal medical materials; transportation of deceased animals for disposal; raising of animals for food; animal production operations; slaughter and packing plants and associated regulatory and government workforce
  • Workers who support the manufacture and distribution of forest products, including, but not limited to timber, paper, and other wood products
  • Employees engaged in the manufacture and maintenance of equipment and other infrastructure necessary to agricultural production and distribution

ENERGY

Sector Profile

The Energy Sector consists of widely diverse and geographically dispersed critical assets and systems that are often interdependent of one another. This critical infrastructure is divided into three interrelated segments or subsectors—electricity, oil, and natural gas—to include the production, refining, storage, and distribution of oil, gas, and electric power, except for hydroelectric and commercial nuclear power facilities and pipelines. The Energy Sector supplies fuels to the transportation industry, electricity to households and businesses, and other sources of energy that are integral to growth and production across the Nation. In turn, it depends on the Nation’s transportation, information technology, communications, finance, water, and government infrastructures.

Essential Workforce – Electricity industry:

  • Workers who maintain, ensure, or restore the generation, transmission, and distribution of electric power, including call centers, utility workers, reliability engineers and fleet maintenance technicians
  • Workers needed for safe and secure operations at nuclear generation
  • Workers at generation, transmission, and electric blackstart facilities
  • Workers at Reliability Coordinator (RC), Balancing Authorities (BA), and primary and backup Control Centers (CC), including but not limited to independent system operators, regional transmission organizations, and balancing authorities
  • Mutual assistance personnel
  • IT and OT technology staff – for EMS (Energy Management Systems) and Supervisory Control and Data
  • Acquisition (SCADA) systems, and utility data centers; Cybersecurity engineers; cybersecurity risk management
  • Vegetation management crews and traffic workers who support
  • Environmental remediation/monitoring technicians
  • Instrumentation, protection, and control technicians

 

Essential Workforce – Petroleum workers:

  • Petroleum product storage, pipeline, marine transport, terminals, rail transport, road transport
  • Crude oil storage facilities, pipeline, and marine transport
  • Petroleum refinery facilities
  • Petroleum security operations center employees and workers who support emergency response services
  • Petroleum operations control rooms/centers
  • Petroleum drilling, extraction, production, processing, refining, terminal operations, transporting, and retail for use as end-use fuels or feedstocks for chemical manufacturing
  • Onshore and offshore operations for maintenance and emergency response
  • Retail fuel centers such as gas stations and truck stops, and the distribution systems that support them.

Essential Workforce – Natural and propane gas workers:

  • Natural gas transmission and distribution pipelines, including compressor stations
  • Underground storage of natural gas
  • Natural gas processing plants, and those that deal with natural gas liquids
  • Liquefied Natural Gas (LNG) facilities
  • Natural gas security operations center, natural gas operations dispatch and control rooms/centers natural gas emergency response and customer emergencies, including natural gas leak calls
  • Drilling, production, processing, refining, and transporting natural gas for use as end-use fuels, feedstocks for chemical manufacturing, or use in electricity generation
  • Propane gas dispatch and control rooms and emergency response and customer emergencies, including propane leak calls
  • Propane gas service maintenance and restoration, including call centers
  • Processing, refining, and transporting natural liquids, including propane gas, for use as end-use fuels or feedstocks for chemical manufacturing
  • Propane gas storage, transmission, and distribution centers

WATER AND WASTEWATER

Sector Profile

The Water and Wastewater Sector is a complex sector composed of drinking water and wastewater infrastructure of varying sizes and ownership types. Multiple governing authorities pertaining to the Water and Wastewater Sector provide for public health, environmental protection, and security measures, among others.

Essential Workforce

Employees needed to operate and maintain drinking water and wastewater/drainage infrastructure, including:

  • Operational staff at water authorities
  • Operational staff at community water systems
  • Operational staff at wastewater treatment facilities
  • Workers repairing water and wastewater conveyances and performing required sampling or monitoring
  • Operational staff for water distribution and testing
  • Operational staff at wastewater collection facilities
  • Operational staff and technical support for SCADA Control systems
  • Chemical disinfectant suppliers for wastewater and personnel protection
  • Workers that maintain digital systems infrastructure supporting water and wastewater operations

TRANSPORTATION AND LOGISTICS

Sector Profile

The Transportation Systems Sector consists of seven key subsectors, or modes:

– Aviation includes aircraft, air traffic control systems, and airports, heliports, and landing strips. Commercial aviation services at civil and joint-use military airports, heliports, and sea plane bases. In addition, the aviation mode includes commercial and recreational aircraft (manned and unmanned) and a wide variety of support services, such as aircraft repair stations, fueling facilities, navigation aids, and flight schools.

– Highway and Motor Carrier encompasses roadway, bridges, and tunnels. Vehicles include trucks, including those carrying hazardous materials; other commercial vehicles, including commercial motorcoaches and school buses; vehicle and driver licensing systems; taxis, transportation services including Transportation Network Companies, and delivery services including Delivery Network Companies; traffic management systems; AND cyber systems used for operational management.

– Maritime Transportation System consists of coastline, ports, waterways, and intermodal landside connections that allow the various modes of transportation to move people and goods to, from, and on the water.

– Mass Transit and Passenger Rail includes terminals, operational systems, and supporting infrastructure for passenger services by transit buses, trolleybuses, monorail, heavy rail—also known as subways or metros—light rail, passenger rail, and vanpool/rideshare.

– Pipeline Systems consist of pipelines carrying natural gas hazardous liquids, as well as various chemicals. Above-ground assets, such as compressor stations and pumping stations, are also included.

– Freight Rail consists of major carriers, smaller railroads, active railroad, freight cars, and locomotives.

– Postal and Shipping includes large integrated carriers, regional and local courier services, mail services, mail management firms, and chartered and delivery services.

  • Employees supporting or enabling transportation functions, including dispatchers, maintenance and repair technicians, warehouse workers, truck stop and rest area workers, and workers that maintain and inspect infrastructure (including those that require cross-border travel)
  • Employees of firms providing services that enable logistics operations, including cooling, storing, packaging, and distributing products for wholesale or retail sale or use.
  • Mass transit workers
  • Taxis, transportation services including Transportation Network Companies, and delivery services including Delivery Network Companies
  • Workers responsible for operating dispatching passenger, commuter and freight trains and maintaining rail infrastructure and equipment
  • Maritime transportation workers – port workers, mariners, equipment operators
  • Truck drivers who haul hazardous and waste materials to support critical infrastructure, capabilities, functions, and services
  • Automotive repair and maintenance facilities
  • Manufacturers and distributors (to include service centers and related operations) of packaging materials, pallets, crates, containers, and other supplies needed to support manufacturing, packaging staging and distribution operations
  • Postal and shipping workers, to include private companies
  • Employees who repair and maintain vehicles, aircraft, rail equipment, marine vessels, and the equipment and infrastructure that enables operations that encompass movement of cargo and passengers
  • Air transportation employees, including air traffic controllers, ramp personnel, aviation security, and aviation management
  • Workers who support the maintenance and operation of cargo by air transportation, including flight crews, maintenance, airport operations, and other on- and off- airport facilities workers

COMMUNICATIONS AND INFORMATION TECHNOLOGY

Sector Profile

The Communications Sector provides products and services that support the efficient operation of today’s global information-based society. Communication networks enable people around the world to contact one another, access information instantly, and communicate from remote areas. This involves creating a link between a sender (including voice signals) and one or more recipients using technology (e.g., a telephone system or the Internet) to transmit information from one location to another. Technologies are changing at a rapid pace, increasing the number of products, services, service providers, and communication options. The national communications architecture is a complex collection of networks that are owned and operated by individual service providers. Many of this sector’s products and services are foundational or necessary for the operations and services provided by other critical infrastructure sectors. The nature of communication networks involve both physical infrastructure (buildings, switches, towers, antennas, etc.) and cyber infrastructure (routing and switching software, operational support systems, user applications, etc.), representing a holistic challenge to address the entire physical-cyber infrastructure.

The IT Sector provides products and services that support the efficient operation of today’s global information-based society and are integral to the operations and services provided by other critical infrastructure Sectors. The IT Sector is comprised of small and medium businesses, as well as large multinational companies. Unlike many critical infrastructure Sectors composed of finite and easily identifiable physical assets, the IT Sector is a functions-based Sector that comprises not only physical assets but also virtual systems and networks that enable key capabilities and services in both the public and private sectors.

Essential Workforce – Communications:

  • Maintenance of communications infrastructure- including privately owned and maintained communication systems- supported by technicians, operators, call-centers, wireline and wireless providers, cable service providers, satellite operations, undersea cable landing stations, Internet Exchange Points, and manufacturers and distributors of communications equipment
  • Workers who support radio, television, and media service, including, but not limited to front line news reporters, studio, and technicians for newsgathering and reporting
  • Workers at Independent System Operators and Regional Transmission Organizations, and Network Operations staff, engineers and/or technicians to manage the network or operate facilities
  • Engineers, technicians and associated personnel responsible for infrastructure construction and restoration, including contractors for construction and engineering of fiber optic cables
  • Installation, maintenance and repair technicians that establish, support or repair service as needed
  • Central office personnel to maintain and operate central office, data centers, and other network office facilities
  • Customer service and support staff, including managed and professional services as well as remote providers of support to transitioning employees to set up and maintain home offices, who interface with customers to manage or support service environments and security issues, including payroll, billing, fraud, and troubleshooting
  • Dispatchers involved with service repair and restoration

Essential Workforce – Information Technology:

  • Workers who support command centers, including, but not limited to Network Operations Command Center, Broadcast Operations Control Center and Security Operations Command Center
  • Data center operators, including system administrators, HVAC & electrical engineers, security personnel, IT managers, data transfer solutions engineers, software and hardware engineers, and database administrators
  • Client service centers, field engineers, and other technicians supporting critical infrastructure, as well as manufacturers and supply chain vendors that provide hardware and software, and information technology equipment (to include microelectronics and semiconductors) for critical infrastructure
  • Workers responding to cyber incidents involving critical infrastructure, including medical facilities, SLTT governments and federal facilities, energy and utilities, and banks and financial institutions, and other critical infrastructure categories and personnel
  • Workers supporting the provision of essential global, national and local infrastructure for computing services (incl. cloud computing services), business infrastructure, web-based services, and critical manufacturing
  • Workers supporting communications systems and information technology used by law enforcement, public safety, medical, energy and other critical industries
  • Support required for continuity of services, including janitorial/cleaning personnel

OTHER COMMUNITY-BASED GOVERNMENT OPERATIONS AND ESSENTIAL FUNCTIONS

Essential Workforce

  • Critical government workers, as defined by the employer and consistent with Continuity of Operations Plans and Continuity of Government plans.
  • County workers responsible for determining eligibility for safety net benefits
  • The Courts, consistent with guidance released by the California Chief Justice
  • Workers to ensure continuity of building functions
  • Security staff to maintain building access control and physical security measures
  • Elections personnel
  • Federal, State, and Local, Tribal, and Territorial employees who support Mission Essential Functions and communications networks
  • Trade Officials (FTA negotiators; international data flow administrators)
  • Weather forecasters
  • Workers that maintain digital systems infrastructure supporting other critical government operations
  • Workers at operations centers necessary to maintain other essential functions
  • Workers who support necessary credentialing, vetting and licensing operations for transportation workers
  • Workers who are critical to facilitating trade in support of the national, state, and local emergency response supply chain
  • Workers supporting public and private childcare establishments, pre-K establishments, K-12 schools, colleges, and universities for purposes of distance learning, provision of school meals, or care and supervision of minors to support essential workforce across all sectors
  • Workers and instructors supporting academies and training facilities and courses for the purpose of graduating students and cadets that comprise the essential workforce for all identified critical sectors
  • Hotel Workers where hotels are used for COVID-19 mitigation and containment measures, including measures to protect homeless populations.
  • Construction Workers who support the construction, operation, inspection, and maintenance of construction sites and construction projects (including housing construction)
  • Workers such as plumbers, electricians, exterminators, and other service providers who provide services that are necessary to maintaining the safety, sanitation, construction material sources, and essential operation of construction sites and construction projects (including those that support such projects to ensure the availability of needed facilities, transportation, energy and communications; and support to ensure the effective removal, storage, and disposal of solid waste and hazardous waste)
  • Commercial Retail Stores, that supply essential sectors, including convenience stores, pet supply stores, auto supplies and repair, hardware and home improvement, and home appliance retailers
  • Workers supporting the entertainment industries, studios, and other related establishments, provided they follow covid-19 public health guidance around social distancing.
  • Workers critical to operating Rental Car companies that facilitate continuity of operations for essential workforces, and other essential travel
  • Workers that provide or determine eligibility for food, shelter, in-home supportive services, child welfare, adult protective services and social services, and other necessities of life for economically disadvantaged or otherwise needy individuals (including family members)
  • Professional services, such as legal or accounting services, when necessary to assist in compliance with legally mandated activities and critical sector services
  • Faith based services that are provided through streaming or other technology
  • Laundromats and laundry services
  • Workers at animal care facilities that provide food, shelter, veterinary and/or routine care and other necessities of life for animals.

CRITICAL MANUFACTURING

Sector Profile

The Critical Manufacturing Sector identifies several industries to serve as the core of the sector: Primary Metals Manufacturing, Machinery Manufacturing, Electrical Equipment, Appliance, and Component Manufacturing, Transportation Equipment Manufacturing Products made by these manufacturing industries are essential to many other critical infrastructure sectors.

  • Workers necessary for the manufacturing of materials and products needed for medical supply chains, transportation, energy, communications, food and agriculture, chemical manufacturing, nuclear facilities, the operation of dams, water and wastewater treatment, emergency services, and the defense industrial base.

HAZARDOUS MATERIALS

Essential Workforce

  • Workers at nuclear facilities, workers managing medical waste, workers managing waste from pharmaceuticals and medical material production, and workers at laboratories processing test kits
  • Workers who support hazardous materials response and cleanup
  • Workers who maintain digital systems infrastructure supporting hazardous materials management operations

FINANCIAL SERVICES

Sector Profile

The Financial Services Sector includes thousands of depository institutions, providers of investment products, insurance companies, other credit and financing organizations, and the providers of the critical financial utilities and services that support these functions. Financial institutions vary widely in size and presence, ranging from some of the world’s largest global companies with thousands of employees and many billions of dollars in assets, to community banks and credit unions with a small number of employees serving individual communities. Whether an individual savings account, financial derivatives, credit extended to a large organization, or investments made to a foreign country, these products allow customers to: Deposit funds and make payments to other parties; Provide credit and liquidity to customers; Invest funds for both long and short periods; Transfer financial risks between customers.

Essential Workforce

  • Workers who are needed to process and maintain systems for processing financial transactions and services (e.g., payment, clearing, and settlement; wholesale funding; insurance services; and capital markets activities)
  • Workers who are needed to provide consumer access to banking and lending services, including ATMs, and to move currency and payments (e.g., armored cash carriers)
  • Workers who support financial operations, such as those staffing data and security operations centers

CHEMICAL

Sector Profile

The Chemical Sector—composed of a complex, global supply chain—converts various raw materials into diverse products that are essential to modern life. Based on the end product produced, the sector can be divided into five main segments, each of which has distinct characteristics, growth dynamics, markets, new developments, and issues: Basic chemicals; Specialty chemicals; Agricultural chemicals; Pharmaceuticals; Consumer products

Essential Workforce

  • Workers supporting the chemical and industrial gas supply chains, including workers at chemical manufacturing plants, workers in laboratories, workers at distribution facilities, workers who transport basic raw chemical materials to the producers of industrial and consumer goods, including hand sanitizers, food and food additives, pharmaceuticals, textiles, and paper products.
  • Workers supporting the safe transportation of chemicals, including those supporting tank truck cleaning facilities and workers who manufacture packaging items
  • Workers supporting the production of protective cleaning and medical solutions, personal protective equipment, and packaging that prevents the contamination of food, water, medicine, among others essential products
  • Workers supporting the operation and maintenance of facilities (particularly those with high risk chemicals and/ or sites that cannot be shut down) whose work cannot be done remotely and requires the presence of highly trained personnel to ensure safe operations, including plant contract workers who provide inspections
  • Workers who support the production and transportation of chlorine and alkali manufacturing, single-use plastics, and packaging that prevents the contamination or supports the continued manufacture of food, water, medicine, and other essential products, including glass container manufacturing

DEFENSE INDUSTRIAL BASE

Sector Profile

The Defense Industrial Base Sector is the worldwide industrial complex that enables research and development, as well as design, production, delivery, and maintenance of military weapons systems, subsystems, and components or parts, to meet U.S. military requirements. The Defense Industrial Base partnership consists of Department of Defense components, Defense Industrial Base companies and their subcontractors who perform under contract to the Department of Defense, companies providing incidental materials and services to the Department of Defense, and government-owned/contractor-operated and government-owned/government-operated facilities. Defense Industrial Base companies include domestic and foreign entities, with production assets located in many countries. The sector provides products and services that are essential to mobilize, deploy, and sustain military operations.

Essential Workforce

  • Workers who support the essential services required to meet national security commitments to the federal government and U.S. Military. These individuals, include but are not limited to, aerospace; mechanical and software engineers, manufacturing/production workers; IT support; security staff; security personnel; intelligence support, aircraft and weapon system mechanics and maintainers
  • Personnel working for companies, and their subcontractors, who perform under contract to the Department of Defense providing materials and services to the Department of Defense, and government-owned/contractor-operated and government-owned/government-operated facilities
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Pres. Trump approves California’s Major Disaster Declaration to support state’s COVID-19 emergency response

Monday, March 23rd, 2020

Will provide assistance to state and local government, and to individuals for crisis counseling

Washington, D.C. – FEMA announced on Sunday that federal emergency aid has been made available for the state of California to supplement state, tribal and local recovery efforts in the areas affected by the Coronavirus Disease 2019 (COVID-19) pandemic beginning on January 20, 2020, and continuing.

The President’s action makes federal funding available for Crisis Counseling for affected individuals in all areas of the state of California.

Federal funding is also available to state, tribal, and eligible local governments and certain private nonprofit organizations on a cost-sharing basis for emergency protective measures (Category B), including direct federal assistance under Public Assistance, for all areas affected by COVID-19 in the state of California. The federal cost share is 75 percent.

Robert J. Fenton has been named as the Federal Coordinating Officer for federal recovery operations in the affected area. Fenton said additional designations may be made at a later date if requested by the state and warranted by the results of further assessments.

Governor Gavin Newsom also announced on Sunday that President Donald Trump has approved California’s request, submitted earlier that day, for a presidential Major Disaster Declaration to bolster California’s COVID-19 emergency response efforts. See the governor’s request here.

“Earlier today we requested a presidential Major Disaster Declaration and this afternoon we got it,” Newsom said on Sunday. “The declaration will supplement our state’s comprehensive COVID-19 surge planning and make vital resources available. We appreciate the quick response and partnership from the White House.”

The Major Disaster Declaration makes federal funding available to state, tribal and local governments for emergency protective measures, including direct federal assistance, and makes funding available for crisis counseling for impacted individuals. It will include any and all individual assistance programs to assist those affected by the outbreak and lessen the economic impacts of the crisis. The request would provide additional assistance, including but not limited to, mass care and emergency assistance, crisis counseling, disaster case management, disaster unemployment assistance, disaster legal services and Disaster Supplemental Nutrition Assistance.

The State of California and local governments have taken extraordinary steps to protect public health in response to the COVID-19 outbreak. Last week, the Governor signed emergency legislation allocating $1.1 billion toward the state’s response, issued a Stay at Home orderdeployed the National Guard to help support food banks, and signed an executive order to prepare the health care system for a possible surge in cases. Learn more about the state’s ongoing COVID-19 emergency response here.

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Gov. Newsom waives various state regulations to fight the Coronavirus surge

Sunday, March 22nd, 2020

Order expands capacity to combat COVID-19 in health care facilities

SACRAMENTO – Governor Gavin Newsom on Saturday issued an executive order that expands the state’s response to the COVID-19 outbreak. The order gives the state the ability to increase the health care capacity in clinics, mobile health care units and adult day health care facilities. It also allows local governments more flexibility to utilize the skills of retired employees and reinforces the importance of the delivery of food, medicine and emergency supplies.

“The State of California is fighting hard to get the resources that Californians need to meet the COVID-19 surge. These emergency legal tools will increase California’s health care capacity and help facilities treat more patients,” said Newsom.

Among the various clauses in the order are the following –

IT IS HEREBY ORDERED THAT:

1) In order to assist in the care or to protect the health of individuals not in a hospital or health facility, as defined in Health and Safety Code section 1250, and due to the COVID-19 outbreak, the director of the State Department of Public Health may, for the duration of the declared emergency, waive any of the licensing and staffing requirements of chapters 1, 3.3, 8.5, and 9 of division 2 of the Health and Safety Code and any accompanying regulations with respect to any clinic, adult day health care, hospice, or mobile health care unit. Any waiver shall include alternative measures that, under the circumstances, will allow the clinic, adult day health care, hospice, or mobile health care unit to assist in the care or protect the health of individuals while protecting public health and safety. Any waivers granted pursuant to this paragraph shall be posted on the Department’s website.

3) The suspension of statutes…shall also apply to local governments, as applicable, to ensure adequate staffing to appropriately respond to the COVID-19 pandemic.

4) Any local ordinance, including those relating to noise limitations, is suspended to the extent it restricts, delays, or otherwise inhibits the delivery of food products, pharmaceuticals, and other emergency necessities distributed through grocery stores and other retail or institutional channels, including, but not limited to, hospitals, jails, restaurants, and schools.

5) To ensure that patients with mental or behavioral health conditions continue to receive the services and support they need, notwithstanding disruptions caused by COVID-19; and to protect the health, safety and welfare of patients with mental or behavioral health conditions committed to the State Department of State Hospitals facilities, as defined by Welfare and Institutions Code Sections 4100 and 7200; the Director of the State Department of State Hospitals may issue directives waiving any provision or requirement of the Welfare and Institutions Code; any provision or requirement of the Penal Code that affects the execution of laws relating to care, custody, and treatment of persons with mental illness committed to or in the custody of the State Department State Hospitals; and the accompanying regulations of Title 9, Division 1 of the California Code of Regulations…Any waiver granted by a directive shall expire 30 days from the date of its issuance, except that the Director may grant one or more 30-day extensions if the waiver continues to be necessary to protect health or safety or to ensure delivery of services. The Director shall rescind a waiver once it is no longer necessary to protect public health or safety or ensure delivery of services. Any waivers and extensions granted pursuant to this paragraph shall be posted on the Department’s website.

6) As needed to safeguard health of persons already admitted, committed, or ordered to the facilities described in this paragraph and notwithstanding the Penal Code, the Welfare and Institutions Code, or any other statute or regulation, the Director of the Department of Developmental Disabilities is authorized to deny admission or delay discharge of all individuals judicially or otherwise admitted, committed or ordered to the Porterville Developmental Center; the Canyon Springs Community Facility; a Stabilization, Training Assistance, and Reintegration (STAR) home; or any other facility under the jurisdiction or control of the Department for 30 days after the issuance of this Order. The Director may grant one or more 30-day extensions if such action is necessary to protect the public health or safety (including, but not limited to, the health or safety of the individuals served at any Department-operated facility or the staff serving such individuals) from the threat of COVID-19. The Director of the Department shall describe the need justifying the closure of admissions to and delay in discharges from the Department-operated facility. The Director shall authorize admissions and discharges once the actions described in this paragraph are no longer necessary to protect the public health or safety (including, but not limited to, the health or safety of the individuals served at any Department-operated facility or the staff serving such individuals). The Director shall post the notice of closure of admissions and discharges and the extension of closure to the Department facility on the Department’s website.”

A copy of the Governor’s executive order can be found here.

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