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

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 order, deployed 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.

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.

SACRAMENTO – Governor Gavin Newsom on Friday issued an executive order to permit vote-by-mail procedures to be used in three upcoming special elections, protecting public health and safety during the COVID-19 outbreak.

The order also extends the deadlines for ballot counting, tabulation, and other responsibilities related to the official canvass of California’s Presidential Primary Election that could risk undermining social distancing measures, and suspends the timeframes for public hearings required by political subdivisions that are in the process of changing from an at-large method of election to district elections.

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

Food banks are seeing a shortage in volunteers and experiencing greater need due to COVID-19. Governor calls for California food bank volunteers & launches partnership Neighbor-to-Neighbor campaign with Nextdoor.com & California Volunteers to safely deploy volunteers to help the most vulnerable Californians  

It’s in these times of crisis that Californians are at their best, coming to the aid of those in their community who are most in need. I ask all Californians who are able to join our Neighbor-to-Neighbor campaign to safely assist those in need in your community.” – Gov. Newsom

Californians can learn about ways to assist their community at serve.ca.gov

SACRAMENTO — California Governor Gavin Newsom on Friday announced the deployment of California National Guard members to provide short-term food security to isolated and vulnerable Californians. Building on Governor Newsom’s prioritization of protecting the most vulnerable from the COVID-19 pandemic, the short deployment will help to stabilize the immediate need of food banks.

“It’s in these times of crisis that Californians are at their best, coming to the aid of those in their community who are most in need. Food banks provide a critical lifeline for families, and are needed now more than ever. Families across our state are suddenly losing work, and millions of Californians most vulnerable to COVID-19 are staying home to protect their health and the health of others. I ask all Californians who are able to join our Neighbor-to-Neighbor campaign to safely assist those in need in your community.”

“The Neighbor-to-Neighbor campaign is a testament to the strength of our larger California community,” said First Partner Jennifer Siebel Newsom. “Now more than ever we must create a culture of WE over me. I am so proud that Californians across the state stand ready to meet this moment by embracing our California values of inclusivity, generosity and community.”

Due to COVID-19, many food banks have been affected by a significant decline in volunteerism, impacting logistical and local infrastructure for food distribution. The California Guard will initially deploy personnel and logistical equipment to a food bank distribution warehouse in Sacramento County starting today, and will conduct immediate site assessments statewide for those counties that have requested short-term support and stabilization. This short-term assistance from the California National Guard allows time to mobilize AmeriCorps, California Conservation Corps and Local Conservation Corps members, and other volunteers where counties have identified serious gaps.

The Administration’s food deployment strategy also launches the Neighbor-to-Neighbor campaign, which calls on neighbors to be first line of support for California’s most vulnerable residents who have been advised to stay at home during the COVID-19 pandemic. The Neighbor-to-Neighbor campaign is focused on older adults and promotes ways to safely check on your neighbors, family and friends, and will be run by California Volunteers, the state office tasked with engaging Californians in service, volunteering and civic action.

The Administration is partnering with the social networking service Nextdoor to provide valuable information to California communities about the state’s response to COVID-19. The collaboration will allow the state to reach more than 22,000 neighborhoods using the platform. Neighbors use Nextdoor to exchange helpful information and California Volunteers will use this site to share ways residents can safely check on each other during the COVID-19 outbreak. The platform will also be used to share ways to safely ensure community members have the basic necessities they may need during periods of home isolation.

The State of California has also released information to promote resources and options for those facing food insecurity. A resource list will be posted to serve.ca.gov on ways Californians can support vulnerable members of our community that may have limited food resources, in ways that are in line with CDPH guidelines.

Californians can learn about ways to assist their community at serve.ca.gov.

State leasing two hospitals to increase availability of beds for COVID-19 patients

California receives shipment of medical personal protective equipment and medical supplies from the Strategic National Stockpile

Video released of California Receiving, Storing and Staging Warehouse

SACRAMENTO – Governor Gavin Newsom on Saturday directed more than $42 million in emergency funding to expand California’s health care infrastructure and secure equipment and services to support California’s response to COVID-19.

Of this amount, $30 million will allow the state to lease Seton Medical Center in Daly City and St. Vincent Medical Center in Los Angeles for a three-month basis. Seton Medical Center is currently operating and will expand capacity to provide care for up to 120 COVID-19 patients beginning as soon as next Wednesday. Verily will operate Seton Medical Center on the state’s behalf. St. Vincent Medical Center closed in January, but California is readying the facility to begin providing care for up to 366 COVID-19 patients as soon as possible.

This builds on California’s previous work, in partnership with local officials, to reopen Community Hospital in Long Beach for the specific purpose of accepting patients transferred from other hospitals in the area. The hospital will begin accepting transfer patients on Saturday and has a capacity of 158 beds.

“California is mobilizing every part of government to support our health care delivery system, its workers, and those among us who are most vulnerable to COVID-19,” said Governor Newsom.

California is making historic investments to strengthen our health care delivery system:

• $30 million to lease and operate two facilities and to expand the state’s hospital capacity.
  • Seton Medical Center in Daly City.
  • Vincent Medical Center in Los Angeles.
• $1,420,000 to expand capacity of the state’s public health lab in Richmond.
• $8,647,000 to purchase new ventilators, as well as IV fusion pumps, and refurbish additional ventilators.
• $2 million to contract with American Medical Response to provide patient transportation.

Click here to see the letter submitted by the Department of Finance to the Legislature specifying the use of emergency funds for this purpose.

This past week, California began receiving shipments from a prior request from the Strategic National Stockpile. The request included:

Personal Protective Equipment:

• 358,381 N95 masks
• 853,730 surgical masks
• 162,565 face shields
• 132,544 surgical gowns
• 678 coveralls
• 471,941 gloves

In addition, California this week requested the following additional supplies from the Strategic National Stockpile:

Personal Protective Equipment:

• 20 million N95 masks
• 10 million surgical masks
• 600,000 surgical gowns
• 600,000 face shields
• 600,000 gloves
• 300,000 goggles
• 100,000 coveralls
• Medical Supplies:
• 10,000 ventilators
• Lab and Diagnostic Supplies:
• 2 million swabs
• 200,000 RNA extraction kits

* Video available of personal protective equipment and medical supplies at the California Receiving, Storing and Staging Warehouse.

California Expands Tele-Health Options

This week, California acted to remove barriers to telehealth services for 22 million Californians. Increasing access to medical and behavioral care through telehealth allows individuals to receive the care and treatment they need remotely, while isolating at home and practicing social distancing, thus limiting potential exposure to COVID-19 and unnecessary impacts to the health care delivery system during this time when we want to preserve the system for our sickest and most critically ill neighbors. Commercial and Medi-Cal managed care plans were directed to allow members to obtain health care via telehealth when medically appropriate to do so. Providers will be reimbursed at the same rate, whether a service is provided in-person or through telehealth. For example, if a provider is paid $100 for an in person visit, they will be paid $100 for an equivalent visit done via telehealth. Removing barriers to telehealth will improve access and help ensure that hospitals and health systems can focus on providing care to those who need it most.

 

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By Mark Meuser

Thursday, Governor Gavin Newsom issued Executive Order N-33-20. The Office of the Governor of California’s official Twitter account said that “Governor Gavin Newsom issued a stay at home order to protect the health and well-being of all Californians and to establish consistency across the state in order to slow the spread of COVID19.”

However, a more careful look at the Governor’s Executive Order shows that he actually made no such order. (https://covid19.ca.gov/img/N-33-20.pdf). The Executive Order reads “To preserve the public health and safety, and to ensure the healthcare delivery system is capable of serving all, and prioritizing those at the highest risk and vulnerability, all residents are directed to immediately heed the current State public health directives, which I ordered the Department of Public Health to develop for the current statewide status of COVID-19.”

The word “heed” is the important word in this order. According to Merriam-Webster’s dictionary, the word “heed” means “to give consideration or attention to”. As such, Governor Newsom has not actually ordered the people of California to obey the Public Health Officials but instead ordered “all residents are directed to immediately [give consideration to] the current State public health directives.”

While the Governor of California has broad powers to suspend laws and regulations while the state of California is under a State of Emergency, he does not have the power to abolish citizens constitutional rights. (Gov. Code § 8571).

California Constitution Article 1, Section 1 states “All people are by nature free and independent and have inalienable rights. Among these are enjoying and defending life and liberty, acquiring, possessing, and protecting property, and pursuing and obtaining safety, happiness, and privacy.

California Constitution Article 1, Section 7 reads “A person may not be deprived of life, liberty, or property without due process of law or denied equal protection of the laws …”.

The problem for Governor Newsom is that the Public Health Officials do not have the authority to quarantine someone who has not been infected. This violates Californians’ Constitutional Rights. The California Courts have held that people have a right of liberty from being quarantined unless the public health official has probably cause that they are infected. In Ex parte Arata, the California Court of Appeals ruled that “A mere suspicion, unsupported by facts giving rise to reasonable or probable cause, will not justify depriving a person of his liberty under an order of quarantine.”

Furthermore, in the case of In re Shepard the California Court of Appeals ruled that “Mere suspicion that an individual is afflicted with an isolable disease was not sufficient to give a health officer ‘reason to believe’ that such person was so afflicted, … making it the duty of health officers to protect the public against spread of such disease from persons whom such officers have ‘reason to believe’ were afflicted with such diseases.”

Public Health Officials do have the authority to quarantine someone who they have reason to believe has been infected by the virus. California law actually permits the Public Health Officials to quarantine such individuals without a court order. In Ex parte Johnson the California Court of Appeals ruled that “One infected with a contagious disease … might be subjected to quarantine regulations by the health commissioner of a city, without its first being judicially established by some proceeding in court that he or she was so infected.”

The reality of the situation in California is that Gavin Newsom has ordered the Department of Public Health to develop a policy for how to deal with the Corona Virus. However, the recommendations by the Department of Public Health are unconstitutional. Rather than ask the Department of Public Health to go back and rewrite the policies, Gavin Newsom tells everyone that he is ordering them to obey the directives of the Department of Public Health. However, regardless of what Gavin Newsom says with his mouth in press conferences or says on his social media accounts, the actual text of his Executive Orders are the laws. (Gov. Code § 8567).

The text of Gavin Newsom’s most recent Executive Order is merely a suggestion that the people of California obey the unconstitutional directive being published by the Department of Public Health. Whether or not it is advisable for people to stay home is not the question, the Department of Public Health does not have the authority to pass such a law, and Gavin Newsom does not have the authority to suspend Californians’ Constitutional Rights just because California is in a State of Emergency.

Meuser is a Constitution and elections law California attorney with the Dhillon Law Group. He is a former resident of Contra Costa County and 2018 candidate for California Secretary of State. You can follow him on Facebook.