Executive Department State of California: Executive Order N-13-21 Whereas

EXECUTIVE DEPARTMENT
STATE OF CALIFORNIA
EXECUTIVE ORDER N-13-21
WHEREAS on July 16, 2021, I proclaimed a State of Emergency to

exist in Siskiyou County due to the Lava Fire, and in Lassen and Plumas
counties due to the Beckwourth Complex Fire; and
WHEREAS on July 23, 2021, I proclaimed a State of Emergency to

exist in Plumas County due to the Dixie and Fly Fires; in Butte and Lassen
counties due to the Dixie Fire; and in Alpine County due to the Tamarack
Fire; and
WHEREAS on August 5, 2021, I proclaimed a State of Emergency to

exist in Siskiyou County due to the Antelope Fire, and in Nevada and
Placer counties due to the River Fire; and
WHEREAS on August l 0, 2021, I proclaimed a State of Emergency to

exist in Trinity County due to the McFarland and Monument Fires; in
Tehama County due to the McFarland and Dixie Fires; and in Shasta
County due to the McFarland Fire; and
WHEREAS on August 17, 2021, I proclaimed a State of Emergency to

exist in El Dorado County due to the Caldor Fire; and
WHEREAS these wildfires have collectively destroyed homes and

other structures, damaged and destroyed critical infrastructure, burned
more than l million acres of land, and created a substantial amount of
ash, burnt vegetation, and other such debris over large areas of
communities; and
WHEREAS the wildfires have resulted in widespread hazardous

structural debris, which contains dangerous toxins including heavy metals
such as arsenic, cadmium, copper, lead, and asbestos, and which must
be cautiously and expeditiously removed and properly disposed of; and
WHEREAS response and recovery will be ongoing and it is imperative

that governmental agencies are adequately staffed to help facilitate
recovery, and that protections remain in place to ensure communities
impacted by these wildfires are able to fully recover; and
WHEREAS under the provisions of Government Code section 8571, I

find that strict compliance with various statutes and regulations specified
in this Order would prevent, hinder, or delay the mitigation of the effects
of the wildfires.
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, and in particular, Government Code sections
8567, 8571, and 8627 do hereby issue the following Order to become
effective immediately:
IT IS HEREBY ORDERED THAT:
1. State statutes, rules, regulations, and requirements are hereby

suspended to the extent they would prevent, hinder, or delay
the following activities:
a. Removal, storage, transportation, and disposal of

hazardous and non-hazardous solid waste and debris
resulting from the wildfires that have burned and continue
to burn in areas that are subject to the jurisdiction of
departments within the California Environmental
Protection Agency and the California Natural Resources
Agency; and
b. Necessary restoration and rehabilitation of timberland,

streams, rivers, and other waterways. Such statutes, rules,
regulations, and requirements are hereby suspended only
to the extent necessary for expediting the removal and
cleanup of debris from the fires, and for implementing any
restoration plan. Individuals who desire to conduct
activities under this suspension of statutes, rules,
regulations, and requirements shall first request that the
appropriate Agency Secretary, or the Secretary's
designee, make a determination that the proposed
activities are eligible to be conducted under this
suspension.
The Secretary for the California Environmenta l Protection Agency

and the Secretary for the California Natural Resources Agency
shall use sound discretion in applying this Order 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; waste discharge requirements for storage
and disposal; emergency timber harvesting; stream environment
zones; emergency construction activities; and waste discharge
requirements and/or Water Quality Certification for discharges of
fill material or pollutants. Boards, departments and offices within
the California Environmental Protection Agency and the
California Natural Resources Agency shall exercise their
administrative discretion and 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 fires, and for other actions
necessary for the protection of public health and the
environment.
2. Consistent with applicable federa l law, work hour limitations for

retired annuitants, permanent and intermittent personnel, and
state management and senior supervisors are suspended.
Furthermore, reinstatement, waiting period, and work hour
limitations in Government Code sections 21220, 21224(0) and
7522.56(b) , (d), (f), and (g), and the time limitations in
Government Code section 19888.1 and California Code of
Regulations, title 2, sections 300-303 are suspended. These
waivers shall apply to both state and local government entities,
as applicable, to ensure adequate staffing to appropriately
respond to the wildfires, but the Director of the California
Department of Human Resources must be notified of any
individual employed by state government pursuant to these
waivers. The Governor's Office of Emergency Services shall use
these waivers to ensure adequate state staffing during this
emergency. Local governmental agencies shall notify the
California Public Employees· Retirement System of any individual
employed by its agency pursuant to this Paragraph.
3. The provisions of Penal Code section 396, subdivision (b), (c), (d),
(e}, and {f}, prohibiting price gouging in times of emergency, will
remain in effect until October 20, 2021, in Lassen, Plumas, and
Siskiyou counties as impacted by fires covered by my July 16,
2021 State of Emergency proclamation; in Alpine, Butte, Lassen,
and Plumas counties as impacted by fires covered by my July
23, 2021 State of Emergency proclamation; in Nevada, Placer,
and Siskiyou counties for fires covered by my
August 5, 2021 State of Emergency proclamation; in Shasta,
Tehama, and Trinity counties for fires covered by my
August 10, 2021 State of Emergency proclamation; and in El
Dorado County as impacted by the Caldor Fire covered by my
August 17, 2021 State of Emergency proclamation. The time
limitations under those subdivisions are hereby waived.
4. In order to quickly provide relief from interest and penalties, the

provisions of the Revenue and Taxation Code that apply to the
taxes and fees administered by the Department of Tax and Fee
Administration, requiring the filing of a statement under penalty
of perjury setting forth the facts for a claim for relief as a result of
a disaster, are suspended for a period of three months after the
due date of the return or payment.
5. The Franchise Tax Board, the Board of Equalization, the

Department of Tax and Fee Administration, and the Office of Tax
Appeals shall use their administrative powers where appropriate
to provide those individuals and businesses impacted by the
wildfires with the extensions for filing, audits, billing, notices,
assessments, and relief from subsequent penalties and interest.
6. To allow counties time to reappraise the value of property to

account for fire damage, the requirement in Revenue and
Taxation Code section 20622 that the homeowner file the claim
with the Controller by February 10, 2022, is waived as to
homeowners in the affected counties. Claims must instead be
filed by June 1, 2022.
7. The provisions of the Government Code section 11033 requiring

state employees to obtain prior authorization for out of state
travel exceeding five days are hereby suspended as to all state
employees who are required to travel to states bordering
California to assist with fire response and recovery efforts.
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 of this proclamation.
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.
IN WITNESS WHEREOF I have

hereunto set my hand and caused
the Great Seal of the State of
California to be affixed this 20 th day
of August 2021 .
GAVIN NEWSOM
Governor of California
ATTEST:
SHIRLEY WEBER, PH.D.

Secretary of State

Executive Department State of California: Executive Order N-13-21 Whereas

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Executive Department State of California: Executive Order N-13-21 Whereas

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EXECUTIVE DEPARTMENT

EXECUTIVE ORDER N-13-21

WHEREAS on July 16, 2021, I proclaimed a State of Emergency to

WHEREAS on July 23, 2021, I proclaimed a State of Emergency to

WHEREAS on August 5, 2021, I proclaimed a State of Emergency to

WHEREAS on August l 0, 2021, I proclaimed a State of Emergency to

WHEREAS on August 17, 2021, I proclaimed a State of Emergency to

WHEREAS these wildfires have collectively destroyed homes and

WHEREAS the wildfires have resulted in widespread hazardous

WHEREAS response and recovery will be ongoing and it is imperative

WHEREAS under the provisions of Government Code section 8571, I

NOW, THEREFORE, I, GAVIN NEWSOM, Governor of the State of

1. State statutes, rules, regulations, and requirements are hereby

a. Removal, storage, transportation, and disposal of

b. Necessary restoration and rehabilitation of timberland,

The Secretary for the California Environmenta l Protection Agency

2. Consistent with applicable federa l law, work hour limitations for

4. In order to quickly provide relief from interest and penalties, the

5. The Franchise Tax Board, the Board of Equalization, the

6. To allow counties time to reappraise the value of property to

7. The provisions of the Government Code section 11033 requiring

I FURTHER DIRECT that as soon as hereafter possible, this Order be

IN WITNESS WHEREOF I have

SHIRLEY WEBER, PH.D.

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