A PROCLAMATION OF A STATE OF EMERGENCY
WHEREAS on October 21, 2010 a major fire caused severe damage to the regional shopping mall in the City of Roseville in Placer County; and
WHEREAS the fire caused extensive damage to the mall and numerous stores, and it is likely that the mall will be closed for an indefinite period of time; and
WHEREAS the fire and potential criminal activity required the evacuation of hundreds of shoppers and employees; and
WHEREAS the fire required fire agencies and other emergency responders from throughout the region to respond; and
WHEREAS the closure of the mall and the stores will likely cause the immediate loss of many jobs in the area and the need for the unemployed to quickly receive financial assistance; and
WHEREAS the fire created a substantial amount of ash and other debris that will need to be quickly removed in order to reestablish the shopping mall and jobs; and
WHEREAS on October 21, 2010, the City of Roseville declared a local emergency and requested that I declare a state of emergency; and
WHEREAS the circumstances of this fire and subsequent damage to a regional shopping center, by reason of their magnitude, are or are likely to be beyond the control of the services, personnel, equipment and facilities of any single county, city and county, or city and require the combined forces of a mutual aid region or regions to combat; and
WHEREAS under the provisions of section 8558(b) of the California Government Code, I find that conditions of extreme peril to the safety of persons and property exist due to the fire in Placer County.
NOW, THEREFORE, I, ARNOLD SCHWARZENEGGER, Governor of the State of California, in accordance with the authority vested in me by the state Constitution and statutes, including the California Emergency Services Act, and in particular, section 8625 of the California Government Code, HEREBY PROCLAIM A STATE OF EMERGENCY to exist within Placer County.
IT IS HEREBY ORDERED that all agencies of the state government utilize and employ state personnel, equipment and facilities for the performance of any and all activities consistent with the direction of the California Emergency Management Agency (Cal EMA) and the State Emergency Plan, and that Cal EMA provide local government assistance under the authority of the California Disaster Assistance Act.
IT IS FURTHER ORDERED 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 to immediately mitigate the effects of the emergency:
1. That 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 fire and damage to the regional shopping center in Placer County, and who apply for unemployment insurance benefits during the time period beginning October 21, 2010 and ending on the close of business on April 21, 2011 and who are otherwise eligible for unemployment insurance benefits in California.
1. That the statutes, rules, regulations and requirements are hereby suspended to the extent they apply to the following activities: (a) removal, storage, transportation and disposal of hazardous and non-hazardous debris resulting from the disaster; (b) necessary restoration; and (c) related activities. Such statutes, rules, regulations and requirements are suspended only to the extent necessary for expediting the removal and cleanup of debris from the disaster, and for implementing any restoration plan. The Secretary for the California Environmental Protection Agency and the Secretary for the California Resources Agency shall use sound discretion in applying this suspension to ensure that the suspension serves the purpose of accelerating cleanup and recovery, while at the same time protecting public health and the environment. This order shall apply to, but is not necessarily limited to, solid waste facility permits, and waste discharge requirements for storage, disposal, and emergency construction activities, along with waste discharge requirements and/or Water Quality Certification for discharges of fill material or pollutants. To the extent it is within their administrative authority and discretion, the boards, departments and offices within the California Environmental Protection Agency and California Resources Agency shall expedite the granting of other authorizations, waivers or permits necessary for the removal, storage, transportation and disposal of hazardous and non-hazardous debris resulting from the fire, and for other actions necessary for the protection of public health and the environment.
1. State and local agencies shall, as necessary for the protection of public health and the environment and pursuant to requests from local government, enter into contracts and arrange for the procurement of materials, goods, and services necessary to quickly remove dangerous debris, repair damaged resources, and restore and protect the impacted area. Because strict compliance with the provisions of the Government Code and the Public Contract Code applicable to public agency 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 fire.
I FURTHER DIRECT that as soon as hereafter possible, this proclamation be filed in the Office of the Secretary of State and that widespread publicity and notice be given of this proclamation.