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California
Government Code 8645 - 8654.1
8645. In addition to any appropriation made to support activities
contemplated by this chapter, the Governor is empowered to make
expenditures from any fund legally available in order to deal with
actual or threatened conditions of a state of war emergency, state of
emergency, or local emergency.
8646. In carrying out the provisions of this chapter, the Governor
may:
(a) Procure and maintain offices in such parts of the state as may
be necessary or convenient;
(b) Acquire property, real or personal, or any interest therein;
(c) Cooperate and contract with public and private agencies for
the performance of such acts, the rendition of such services, and the
affording of such facilities as may be necessary and proper;
(d) Do such other acts and things as may be necessary and
incidental to the exercise of powers and the discharge of duties
conferred or imposed by the provisions of this chapter.
8647. (a) Whenever the federal government or any agency or officer
thereof shall offer to the state, or through the state to any
political subdivision thereof, services, equipment, supplies,
materials, or funds by way of gift, grant, or loan, for purposes of
the mitigation of the effects of an emergency, the state, acting
through the Governor, or such political subdivision, acting with the
consent of the Governor and through its chief executive or governing
body, may accept such offer.
(b) Whenever any person, firm, or corporation shall offer to the
state or to any political subdivision thereof, services, equipment,
supplies, materials, or funds by way of gift, grant, or loan, for
purposes of the mitigation of the effects of an emergency, the state,
acting through the Governor, or such political subdivision, acting
through its chief executive or governing body, may accept such offer.
(c) Upon acceptance, the Governor of the state or the chief
executive or governing body of such political subdivision may
authorize any officer of the state or of the political subdivision,
as the case may be, to receive such services, equipment, supplies,
materials, or funds on behalf of the state or such political
subdivision, subject to the terms of the offer and subject to the
rules and regulations, if any, of a federal agency making such offer.
8648. The Governor may reimburse any state agency for funds
expended in the performance of any and all activities as set forth in
Section 8628 in accordance with orders and regulations promulgated
as prescribed in Section 8567. Such reimbursement shall be subject
to the provisions of Section 8649.
8649. Subject to the approval of the Department of Finance, any
state agency may use its personnel, property, equipment, and
appropriations for carrying out the purposes of this chapter, and in
that connection may loan personnel to the Office of Emergency
Services. The Department of Finance shall determine whether
reimbursement shall be made to any state agency for expenditures
heretofore or hereafter made or incurred for such purposes from any
appropriation available for the Office of Emergency Services, except
that as to any expenditure made or incurred by any state agency the
funds of which are subject to constitutional restriction which would
prohibit their use for such purposes, such reimbursement shall be
provided and the original expenditure shall be considered a temporary
loan to the General Fund of the state.
8650. Any funds received by state agencies as reimbursement for
services or supplies furnished under the authority of this chapter
shall be deposited to the credit of the appropriation or
appropriations from which the expenditures were made.
8651. The Director of the Office of Emergency Services may procure
from the federal government or any of its agencies such surplus
equipment, apparatus, supplies, and storage facilities therefor as
may be necessary to accomplish the purposes of this chapter.
8652. Before payment may be made by the state to any person in
reimbursement for taking or damaging private property necessarily
utilized by the Governor in carrying out his responsibilities under
this chapter during a state of war emergency or state of emergency,
or for services rendered at the instance of the Governor under said
conditions, such person must present a claim to the State Board of
Control in accordance with the provisions of the Government Code
governing the presentation of claims against the state for the taking
or damaging of private property for public use, which provisions
shall govern the presentment, allowance, or rejection of such claims
and the conditions upon which suit may be brought against the state.
Payment for such property or services shall be made from any funds
appropriated by the state for such purpose.
8653. In the event that the Governor, during a state of war
emergency or a state of emergency and in the exercise of the
emergency powers vested in him, shall order the officers, employees,
or agencies of any county, city and county, city, or district to
perform duties outside of the territorial limits of their respective
agencies, any services performed or expenditures made in connection
therewith by any such agency shall be deemed conclusively to be for
the direct protection and benefit of the inhabitants and property of
such agency. During a state of war emergency or a state of emergency
in the event that any equipment owned, leased, or operated by any
county, city and county, city, or district, is damaged or destroyed
while being used outside of the territorial limits of the public
agency owning such equipment, the public agency suffering loss shall
be entitled to file a claim for the amount thereof against the State
of California in the manner provided in Section 8652. Such agency
shall have no claim against the state for services of such personnel
or for the rental, use, or ordinary wear and tear of such equipment,
except such extraordinary services incurred by local governmental
agencies in executing mutual aid agreements.
8654. (a) Whenever the Governor has proclaimed a state of emergency
and the President has declared an emergency or a major disaster to
exist in this state, the Governor may do any of the following:
(1) Enter into purchases, leases, or other arrangements with any
agency of the United States for temporary housing units to be
occupied by disaster victims and to make those units available to any
political subdivision for that purpose.
(2) Assist any political subdivision within which temporary
housing for disaster victims is proposed to be located to acquire
sites necessary for that temporary housing and to do all things
required to prepare those sites to receive and utilize temporary
housing units by advancing or lending any funds available to the
Governor from any appropriation made by the Legislature or from any
other source, by transmitting any funds made available by any public
or private agency, or by acting in cooperation with the political
subdivision for the execution and performance of any project for
temporary housing for disaster victims, and for those purposes to
pledge the credit of the state on terms as the Governor declares
necessary under the circumstances, having due regard for current
financial obligations of the state.
(3) Under regulations as the Governor shall make, temporarily
suspend or modify for not to exceed 60 days any public health,
safety, zoning, or intrastate transportation law, ordinance, or
regulation when by proclamation he or she declares such suspension or
modification essential to provide temporary housing for disaster
victims.
(b) Whenever, the President, at the request of the Governor, has
declared a major disaster to exist in this state, the Governor may do
any of the following:
(1) Upon his or her determination that financial assistance is
essential to meet disaster-related necessary expenses or serious
needs of individuals or families adversely affected by a major
disaster that cannot be otherwise adequately met from other means of
assistance, accept any grant by the federal government to fund that
financial assistance, subject to those terms and conditions as may be
imposed upon the grant.
(2) Enter into an agreement with the federal government, or any
officer or agency thereof, pledging the state to participate in the
funding of any grant accepted pursuant to paragraph (1), in an amount
not to exceed 25 percent thereof, and, if state funds are not
otherwise available to the Governor, accept an advance of the state
share from the federal government to be repaid when the state is able
to do so.
(3) Notwithstanding any other provision of law, make financial
grants to meet disaster-related necessary expenses or serious needs
of individuals or families adversely affected by a major disaster
which cannot otherwise adequately be met from other means of
assistance, which shall not exceed ten thousand dollars ($10,000) in
the aggregate to an individual or family in any single major disaster
declared by the President. This ten thousand dollar ($10,000) limit
shall be adjusted annually to reflect changes in the Consumer Price
Index for all Urban Consumers published by the Department of Labor
in the same manner as the Federal Emergency Management Administration
makes similar adjustments for purposes of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act.
(4) Upon his or her determination that a local government will
suffer a substantial loss of tax and other revenues from a major
disaster and has demonstrated a need for financial assistance to
perform its governmental functions, apply to the federal government,
on behalf of the local government, for a loan, and receive and
disburse the proceeds of that loan to the local government.
(5) Determine the amount needed by a local government to restore
or resume its governmental functions, and certify that amount to the
federal government. However, that amount shall not exceed 25 percent
of the annual operating budget of the local government for the
fiscal year in which the major disaster has occurred.
(6) Recommend to the federal government, after reviewing the
matter, the cancellation of all or any part of a loan made pursuant
to paragraph (5) when during the period of three full fiscal years
immediately following the major disaster, the revenues of the local
government are insufficient to meet its operating expenses, including
disaster-related expenses incurred by the local government.
(c) The Governor shall make those regulations as are necessary in
carrying out the purposes of paragraphs (1), (2), and (3) of
subdivision (b), including, but not limited to: standards of
eligibility for persons applying for benefits; procedures for
application and administration; methods of investigation, processing,
and approving applications; formation of local or statewide review
boards to pass upon applications; and procedures for appeals.
(d) Any political subdivision is expressly authorized to acquire,
temporarily or permanently, by purchase, lease, or otherwise, sites
required for installation of temporary housing units for disaster
victims, and to enter into whatever arrangements (including purchase
of temporary housing units and payment of transportation charges)
which are necessary to prepare or equip the sites to utilize the
housing units.
(e) Any person who fraudulently makes any misstatement of fact in
connection with an application for financial assistance under this
section shall, upon conviction of each offense, be guilty of a
misdemeanor punishable by a fine of not more than five thousand
dollars ($5,000), or imprisonment for not more than one year, or
both.
(f) The terms "major disaster," "emergency," and "temporary
housing," as used in this section, shall have the same meaning as
those terms are defined or used in the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (P.L. 93-288, as amended by P.L.
100-707). It is the intent of the Legislature in enacting this
section that it shall be liberally construed to effectuate the
purposes of that federal act.
8654.1. (a) The Legislature finds and declares that financial
assistance is essential to meet disaster-related necessary expenses
of the state and local governments and the serious needs of
individuals or families affected by the Northridge earthquake which
occurred January 17, 1994. The Legislature further finds and
declares that the federal government will advance to the state, and
will authorize local entities to advance from specified federal funds
made available to them, the nonfederal share of the costs of this
financial assistance.
(b) In order to implement the advance of the nonfederal share from
federal funds, in accordance with subdivision (a), the Director of
Finance may enter into agreements for the acceptance of these
advances, subject to the following:
(1) Funds may be obtained directly from agencies of the federal
government or from funds provided to local agencies by the federal
government.
(2) Advances may be accepted beginning in the 1994-95 fiscal year,
and in no event later than the 1997-98 fiscal year.
(3) The cumulative amount of advances accepted shall not exceed
three hundred million dollars ($300,000,000), unless additional
amounts are authorized subject to the 30-day notification of the
Joint Legislative Budget Committee under Section 28 of the 1994
Budget Act and any substantially similar provision of subsequent
budget acts. The state shall accept as advances only so much as may
be needed to pay the expenses incurred herein and as may be repaid,
consistent with this section, in a short period of time, having due
regard for the current financial obligations of the state.
(4) Funds received by the state shall be deposited in the Special
Deposit Fund, subject to Article 2 (commencing with Section 16370) of
Chapter 2 of Part 2 of Division 4, and may be expended, allocated,
or transferred, upon order of the Department of Finance, only to meet
the nonfederal share of disaster assistance costs incurred by state
or local agencies as a result of the Northridge earthquake.
(5) Funds received under this section, together with interest at a
rate agreed upon by the state and federal or local agencies
involved, shall be repaid, upon order of the Director of Finance, to
the federal government or advancing local agency, from the General
Fund as soon as the state is able to do so, but in no event shall any
advance remain outstanding after July 31, 1997. The state shall
repay no less than one-third of the funds advanced in each of the
1995-96, 1996-97 and 1997-98 fiscal years.
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