E X E C U T I V E D E P A R T M E N T
STATE OF CALIFORNIA
PROCLAMATION OF A STATE OF EMERGENCY
WHEREAS on July 2, 2024, the Thompson Fire began burning in Butte
County and has since burned approximately 4,000 acres; and
WHEREAS the Thompson Fire has prompted evacuation orders for
thousands, and continues to threaten structures, homes, critical infrastructure,
and health and congregate care facilities; and
WHEREAS continued high temperatures throughout the day and night, dry
conditions, and strong winds have increased the intensity and spread of the
Thompson Fire, causing imminent threat to life, with an Excessive Heat Warning
in effect in Butte County; and
WHEREAS state agencies, including my Office of Emergency Services and
the California Department of Forestry and Fire Protection, have been
coordinating with and supporting emergency operations and fire and law
enforcement resources in Butte County in response to the Thompson Fire; and
WHEREAS the Federal Emergency Management Agency approved a Fire
Management Assistance Grant for Butte County to assist with the mitigation,
management, and control of the Thompson Fire; and
WHEREAS under the provisions of Government Code section 8558(b), I find
that conditions of extreme peril to the safety of persons and property exist due
to the Thompson Fire in Butte County; and
WHEREAS under the provisions of Government Code section 8558(b), I find
that the conditions caused by the Thompson Fire, by reason of its magnitude,
are beyond the control of the services, personnel, equipment, and facilities of
any single local government and require the combined forces of a mutual aid
region or regions to appropriately respond; and
WHEREAS under the provisions of Government Code section 8625(c), I find
that local authorities are inadequate to cope with the magnitude of the
damage caused by the Thompson Fire; and
WHEREAS under the provisions of Government Code section 8571, I find
that strict compliance with various statutes and regulations specified in this
Proclamation would prevent, hinder, or delay the mitigation of the effects of the
Thompson Fire.
NOW, THEREFORE, I, GAVIN NEWSOM, 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,
Government Code section 8625, HEREBY PROCLAIM A STATE OF EMERGENCY to
exist in Butte County due to the Thompson Fire.
IT IS HEREBY ORDERED THAT:
1. 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 Office of Emergency
Services and the State Emergency Plan. Also, all residents are to obey
the direction of emergency officials with regard to this emergency in
order to protect their safety.
2. The Office of Emergency Services shall provide assistance to local
governments, if appropriate, under the authority of the California
Disaster Assistance Act, Government Code section 8680 et seq., and
California Code of Regulations, Title 19, section 2900 et seq.
3. As necessary to assist local governments and for the protection of
public health and the environment, state agencies shall enter into
contracts to arrange for the procurement of materials, goods, and
services necessary to quickly assist with the response to and recovery
from the impacts of the Thompson Fire. Applicable provisions of the
Government Code and the Public Contract Code, including but not
limited to travel, advertising, and competitive bidding requirements,
are suspended to the extent necessary to address the effects of the
Thompson Fire.
4. The California National Guard may be mobilized under Military and
Veterans Code section 146 to support disaster response and relief
efforts, as directed by my Office of Emergency Services, and to
coordinate with all relevant state agencies and state and local
emergency responders and law enforcement within the impacted
areas. Sections 147 and 188 of the Military and Veterans Code are
applicable during the period of participation in this mission, exempting
the California Military Department from applicable procurement rules
for specified emergency purchases, and those rules are hereby
suspended.
5. In order to ensure hospitals, clinics, and other health facilities remain
open, the Director of the California Department of Public Health
(CDPH) may waive any of the licensing requirements of chapters 1, 2,
8, and 8.5 of division 2 of the Health and Safety Code and
accompanying regulations with respect to any hospital, clinic, other
health facility, home health agency, or hospice agency identified in
Health and Safety Code sections 1200, 1250, 1727, or 1746 that is
impacted by the Thompson Fire. Any waiver shall include alternative
measures that, under the circumstances, will allow the facilities to
remain open while protecting public health and safety. Any health
facilities or agencies being granted a waiver shall be established and
operated in accordance with their disaster and mass casualty plan or
emergency preparedness plan. Any waivers granted pursuant to this
paragraph shall be posted on the CDPH website and shall be in effect
only so long as necessary to address the direct impacts of the
Thompson Fire in Butte County.
6. In order to directly respond to the needs of impacted adult and senior
care facilities, child care facilities, children’s residential facilities,
resource family homes, home care organizations, and other similar
care facilities and care providers within the California Department of
Social Services’ (CDSS) jurisdiction, the Director of CDSS may waive any
provisions of the Family Code, Health and Safety Code, or Welfare and
Institutions Code, and accompanying regulations or written directives,
with respect to the use, licensing, certification, registration or approval
of care providers, facilities or homes within CDSS jurisdiction set forth in
the California Community Care Facilities Act (Health and Safety Code
section 1500 et seq.), Child Care Provider Registration (Health and
Safety Code section 1596.60 et seq.), the California Child Day Care
Facilities Act (Health and Safety Code section 1596.70 et seq.),
Residential Care Facilities for Persons With Chronic Life-Threatening
Illness (Health and Safety Code section 1568.01 et seq.), the California
Residential Care Facilities for the Elderly Act (Health and Safety Code
section 1569 et seq.), Medical Foster Homes for Veterans (Health and
Safety Code section 1568.21 et seq.), Continuing Care Contracts
(Health and Safety Code section 1770 et seq.), the Home Care
Services Consumer Protection Act (Health and Safety Code section
1796.10 et seq.), and the Resource Family Approval Program (Welfare
and Institutions Code section 16519.5 et seq.). Any waivers granted
pursuant to this paragraph shall be posted on the CDSS website and
shall be in effect only so long as necessary to address the direct
impacts of the Thompson Fire in Butte County.
7. In order to directly respond to the needs of behavioral health programs
and facilities impacted by the Thompson Fire, including alcohol and
other drug programs, adult alcoholism or drug abuse recovery or
treatment facilities, driving-under-the-influence programs, narcotic
treatment programs, psychiatric health facilities, mental health
rehabilitation centers, social rehabilitation programs, skilled nursing
facilities with special treatment programs, Lanterman-Petris-Short
designated facilities, community treatment facilities, short term
residential therapeutic programs, and children’s crisis residential
programs, the Director of the Department of Health Care Services
(DHCS) may waive any licensing, certification, or approval
requirements for such programs under its jurisdiction set forth in Welfare
and Institutions Code, Divisions 4, 5 and 9 and in Health and Safety
Code, Divisions 2 and 10.5 and accompanying regulations, written
standards, or information notices. Any waivers granted pursuant to this
paragraph shall be posted on the DHCS website and shall be in effect
only so long as necessary to address the direct impacts of the
Thompson Fire in Butte County.
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.
This Proclamation 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.
IN WITNESS WHEREOF I have
hereunto set my hand and caused
the Great Seal of the State of
California to be affixed this 3rd day
of July 2024.
_________________________
GAVIN NEWSOM
Governor of California
ATTEST:
_____________________________
SHIRLEY N. WEBER, PH. D
Secretary of State