EXECUTIVE ORDER S-12-07


            WHEREAS on August 2, 2007, I issued a Proclamation of Emergency regarding the imminent threat to persons and property caused by West Nile Virus; and

            WHEREAS the State of California, along with local governments, have made sustained efforts to minimize the spread of the virus, and the state has dedicated more than $15 million over the last three years to mitigate the virus’s effects; and

            WHEREAS the August 2, 2007 Emergency Proclamation ordered the Department of Public Health to do the following:  (1) allocate up to $1 million, as needed, to local vector control agencies to identify potential mosquito habitat and to treat those areas to prevent the spread of West Nile Virus; (2) allocate up to $350,000 to local vector control agencies for surveillance purposes to provide an early warning of the incidence of West Nile Virus so that proper control measures can be taken by the local vector control agencies to prevent the spread of West Nile Virus; and (3) coordinate with the State and Consumer Services Agency, the Resources Agency and the Department of Food and Agriculture to develop a plan using best management practices for implementation by the appropriate state agencies for the early detection of West Nile Virus on state-owned properties and appropriate mitigation and abatement measures, allocating funds up to $150,000 to develop the plan; and

            WHEREAS on August 13, 2007, I issued Executive Order S-10-07, which ordered the Department of Public Health to allocate up to an additional $10 million, as needed, to local vector control agencies for (1) identification of potential mosquito habitat, (2) treatment of those areas to prevent the spread of West Nile Virus, and/or (3) surveillance to provide an early warning of the incidence of West Nile Virus so that proper control measures can be taken by the local vector control agencies to prevent the spread of West Nile Virus in counties identified by the Department of Public Health; and  

            WHEREAS on August 20, 2007, I issued Executive Order S-11-07, which ordered the Department of Public Health to allocate up to $500,000 in additional funds to the Department of Fish and Game for vegetation management on the following wetland wildlife areas managed by the Department of Fish and Game and located in counties determined by the Department of Public Health to be at high risk of West Nile Virus transmission:  Mendota Wildlife Area (Fresno County); Los Banos and North Grasslands wildlife areas (Merced County); Upper Butte Basin Wildlife Area (Butte and Glenn counties); and Gray Lodge Wildlife Area (Butte and Sutter counties).  The order further required the Department of Fish and Game to (1) use the funds for vegetation management on other wetland wildlife areas identified in consultation with the Department of Public Health as being located within counties that are moderate to high risk of West Nile Virus transmission, and (2) consult with the Department of Public Health regarding best practices for vegetation management to prevent West Nile Virus, including best water management practices, vegetation control, wetland infrastructure maintenance, wetland enhancement features, and biological controls.

            WHEREAS the risk of West Nile Virus transmission continues.  However, education, outreach, enhanced human surveillance and epidemiological investigations have been shown to be effective in reducing the risk of West Nile Virus infection.  Therefore, in addition to the foregoing efforts, enhanced education of the general public on West Nile Virus prevention, expanded outreach to the medical community, and intensified human case surveillance will further reduce West Nile Virus risk.

            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, and in particular, sections 8567, 8571 and 8690.6 of the California Government Code, do hereby issue the following orders to become effective immediately:

            IT IS ORDERED that the Department of Public Health shall allocate funds previously provided through the Governor’s August 2, 2007 Emergency Proclamation and Executive Order S-10-07, as needed, to local agencies involved with West Nile Virus response to (1) enhance and expand public education on West Nile Virus prevention, (2) enhance outreach to the medical community, and/or (3) conduct active surveillance or epidemiological investigations of human West Nile Virus cases in counties identified by the Department of Public Health to be at elevated risk of West Nile Virus transmission. 

            IT IS FURTHER ORDERED that the Department of Public Health enter into contracts it deems appropriate, in consultation with counties identified by the Department of Public Health to be at elevated risk of West Nile Virus transmission and the local agencies within those regions, to provide services, materials, personnel and equipment to supplement the West Nile Virus mitigation efforts in those jurisdictions.

        
            IT IS FURTHER ORDERED that the provisions of the Government Code, the Public Contract Code, the State Contracting Manual and Management Memo 03-10, along with all Department of Public Health policies, applicable to state contracts, including, but not limited to, advertising and competitive bidding requirements and approvals for non-competitively bid contracts, are hereby temporarily suspended with respect to contracts to implement this Executive Order to the extent that such laws would prevent, hinder or delay prompt mitigation of the effects of this emergency.              

            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.


             I FURTHER DIRECT 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 to this Order.