FREQUENTLY ASKED QUEST
How is a Local Emergency Proclamation enacted?
• A “local emergency” is proclaimed by a local governing body (e.g. a board of supervisors or city
council) when a disaster or other conditions exist that may cause harm to people and property occurs
within the territorial limits of a county, city, and county and city, and those conditions exceed, or have
the potential to exceed, local resources and capabilities. A local emergency expands the powers of
governing bodies to address the emergency, provides limited immunity for emergency actions, and is a
prerequisite for state and federal assistance.
What is a Governor’s Proclamation of a State of Emergency?
• When emergency conditions exceed, or have the potential to exceed, local resources and capabilities,
a local jurisdiction may request the Governor proclaim a State of Emergency under the California
Emergency Services Act. The Governor can proclaim a State of Emergency if the safety of persons and
property in California are threatened by conditions of extreme peril, or if the emergency conditions are
beyond the emergency response capacity and capabilities of the local authorities.
Does the Governor have expanded emergency powers during a proclaimed State
of Emergency?
• Yes, during a proclaimed State of Emergency the Governor:
• Has the right to exercise police power, as deemed necessary, vested in the State Constitution and
the laws of California within the designated area.
• Is vested with the power to use and commandeer public and private property and personnel to
ensure all resources within California are available and dedicated to the emergency when
requested.
• Can direct all state agencies to utilize and employ personnel, equipment, and facilities for the
performance of any and all activities designed to prevent or alleviate actual and threatened
damage due to the emergency.
• May make, amend, or rescind orders and regulations during an emergency and temporarily
suspend any non-safety related statutes, ordinances, regulations, or rules that impose restrictions on
the emergency response activities.
Under the California Disaster Assistance Act (CDAA), what benefits are available
when there are conditions of disaster or extreme peril?
• CDAA Director’s Concurrence
• Based on a Local Emergency Proclamation that has been accepted by the Cal OES Director, a
local agency may receive reimbursement (up to 75 percent) for permanent repair, replacement,
or restoration costs for disaster-damaged facilities. The remaining 25 percent cost-share is the
responsibility of local government.
• CDAA Governor’s Proclamation
• When the Governor proclaims an emergency due to conditions of disaster or extreme peril beyond
the control of local government and the combined forces of a mutual aid response and authorizes
CDAA, the state can fund local agencies for debris removal, emergency activities, infrastructure
restoration costs, and certain private non-profits for critical services provided.