EXECUTIVE ORDER S-06-10


WHEREAS due to the destruction caused by the earthquake on April 4, 2010, I have proclaimed a State of Emergency to exist in the County of Imperial; and

WHEREAS this earthquake damaged residential and commercial structures, closed schools and disrupted vital infrastructure; and

WHEREAS this earthquake caused the loss of valuable personal and business records; and

WHEREAS this earthquake occurred when many people need access to their records to comply with tax filing requirements; and

WHEREAS the State Department of Housing and Community Development administers the Manufactured Housing Act pursuant to which the Department has adopted regulations imposing fees for plan checking, inspections and related fees; and

WHEREAS the State Department of Housing and Community Development administers the Mobilehome Parks Act pursuant to which the Department has adopted regulations imposing fees for inspections and related fees; and

WHEREAS the suspension of statutory and regulatory requirements for imposition of fees would assist earthquake victims; and

WHEREAS it is estimated that numerous workers are, or will be, unemployed as a result of the earthquake and are in need of immediate financial assistance; and

WHEREAS the suspension of the statutory one-week waiting period for unemployment insurance applicants who are unemployed due to the earthquake would provide these unemployed workers with immediate financial assistance.

NOW, THEREFORE, I, ARNOLD SCHWARZENEGGER, Governor of the State of California, in accordance with the authority vested in me by the Constitution and statutes of the State of California, including the Emergency Services Act and in particular Government Code sections 8567 and 8571, do hereby issue this Executive Order, effective immediately, to mitigate the effects of the emergency due to the earthquake in Imperial County:

1. State agencies shall, as necessary for the protection of public health and the environment, assist local governments to enter into contracts and arrange for the procurement of materials, goods, and services necessary to address the effects of the earthquake. Because strict compliance with the provisions of the Government Code and the Public Contract Code applicable to state contracts would prevent, hinder, or delay these efforts, applicable provisions of those statutes, including, but not limited to, advertising and competitive bidding requirements, are suspended to the extent necessary to address the effects of the earthquake.

2. Health and Safety Code section 18031 and California Code of Regulations Title 25, section 4044, requiring the imposition of fees, are hereby suspended for any registered owner of a manufactured home whose home was damaged or destroyed as a result of the earthquake, and it is hereby ordered that the required inspections or plan checking be performed without charge by the State Department of Housing and Community Development.

3. Health and Safety Code section 18503 and California Code of Regulations Title 25, section 1020.1, requiring the imposition of fees, is hereby suspended for any registered owner of a manufactured home located in a jurisdiction for which the State Department of Housing and Community Development is the enforcement agency and whose home was damaged or destroyed as a result of the earthquake, and it is hereby ordered that the required inspections or plan checking be performed without charge by the Department.

4. Health and Safety Code sections 18114 and 18116, requiring the imposition of fees, and California Code of Regulations Title 25 section 5660 subsections (b),(c), (f), and (g) relating to fees for salvage transfers, transfer penalties and duplicate certificates of title or registration are hereby suspended with regard to any late renewal of registration certificate or certificate of title for a manufactured home by any registered owner who lost those documents as a result of the earthquake. Those documents shall be replaced without charge.

5. The provisions of Unemployment Insurance Code section 1253 imposing a one-week waiting period for unemployment insurance applicants are suspended as to all applicants who are unemployed as a direct result of the earthquake in Imperial County, who apply for unemployment insurance benefits during the time period beginning April 4, 2010, and ending on the close of business on October 2, 2010, and who are otherwise eligible for unemployment insurance benefits in California.

6. The California Emergency Management Agency shall coordinate assistance programs offered by all relevant federal, state and local agencies and departments, including, but not limited to, the Federal Emergency Management Agency, the Department of Water Resources, the California Conservation Corps, the Department of Public Health, the Department of Health Care Services, the California Emergency Medical Services Authority, the Department of Mental Health, the Department of Social Services, the Department of Consumer Affairs, the Employment Development Department, the Department of the Highway Patrol, the Department of Veterans Affairs, the Department of Aging, the Department of Transportation, the Department of Insurance, and the Franchise Tax Board.

7. It is hereby ordered that the period of employment for State Personnel Board emergency appointments, as provided in Sections 19888 and 19888.1 of the Government Code and State Personnel Board Rules 300-303 (Cal. Code Regs, title 2, sections 300 through 303), is waived for positions required for involvement in emergency and/or recovery operations. The requirements and period of employment for such appointments will be determined by the Secretary of the California Emergency Management Agency, but shall not extend beyond the termination date of said State of Emergency.

IT IS FURTHER REQUESTED that the Franchise Tax Board and the Board of Equalization consider using their administrative powers where appropriate to provide those individuals and/or businesses impacted by the earthquake with extensions for filing, audits, billing, notices, assessments and relief from subsequent penalties.

This Executive 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.

I FURTHER DIRECT that as soon as hereafter possible, this Order shall be filed in the Office of the Secretary of State and that widespread publicity and notice be given to this Order.