The state has long recognized its responsibility to mitigate the effects of natural, manmade, or war-caused emergencies that result in conditions of disaster or in extreme peril to life, property, and the resources of the state, and generally to protect the health and safety and preserve the lives and property of the people of the state. To ensure that preparations within the state will be adequate to deal with such emergencies, it is hereby found and declared to be necessary:
(a)To confer upon the Governor and upon the chief executives and governing bodies of political subdivisions of this state the emergency powers provided herein; and to provide for state assistance
in the organization and maintenance of the emergency programs of such political subdivisions.
(b)To provide for a state office to be known and referred to as the Office of Emergency Services, within the office of the Governor, and to prescribe the powers and duties of the director of that office.
(c)To provide for the assignment of functions to state entities to be performed during an emergency and for the coordination and direction of the emergency actions of those entities.
(d)To provide for the rendering of mutual aid by the state government and all its departments and agencies and by the political subdivisions of this state in carrying out the purposes of this chapter.
(e)To authorize the establishment of such organizations and the taking of such actions as are necessary and proper to carry out the provisions of this chapter.
It is further declared to be the purpose of this chapter and the policy of this state that all emergency services functions of this state be coordinated as far as possible with the comparable functions of its political subdivisions, of the federal government including its various departments and agencies, of other states, and of private agencies of every type, to the end that the most effective use may be made of all manpower, resources, and facilities for dealing with any emergency that may occur.
Notes of Decisions
MacIas v. State of California, 897 P.2d 530 (Cal. 1995).
· cites it 20× “Three times over the last twenty-five years our Governors, acting pursuant to their extraordinary powers under the Emergency Services Act (Gov. Code, § 8550 et seq.) have declared a state of emergency arising from *847 conditions of "extreme peril" to the State's agricultural…”
California Corr. Peace Officers Assn. v. Schwarzenegger, 163 Cal. App. 4th 802 (Cal. Ct. App. 2008).
· cites it 4× “Invoking the California Emergency Services Act (Gov. Code, § 8550 et seq.), the Governor declared a prison overcrowding state of emergency and then authorized the CDCR to contract with out-of-state private prisons to house some of California’s inmates.”
Adkins v. State of California, 96 Cal. Daily Op. Serv. 8596 (Cal. Ct. App. 1996).
· cites it 2× “) The incidents giving rise to this case occurred after the Governor, acting pursuant to his extraordinary powers under the California Emergency Services Act (Gov. Code, § 8550 et seq.), declared a state of emergency due to “.”
Joannou v. City of Rancho Palos Verdes, 219 Cal. App. 4th 746 (Cal. Ct. App. 2013).
“) 7 *757 The other separate statutory scheme we examine is the California Emergency Services Act (Gov. Code, § 8550, et seq. (the Emergency Services Act)), which was enacted two years before the Cullen Act.”
Soto v. State of California, 97 Cal. Daily Op. Serv. 5315 (Cal. Ct. App. 1997).
“(Gov. Code, § 8550 et seq.) 1 We conclude the state is immune from tort liability under section 8655.”
Teresi v. State of California, 180 Cal. App. 3d 239 (Cal. Ct. App. 1986).
“) 3 We note further that the Governor’s declaration of an emergency in December of 1980, invokes the immunity of Government Code section 8655 for all discretionary functions exercised in carrying out the provisions of the emergency services chapter of the Government Code.”
Ghost Golf, Inc. v. Newsom (Cal. Ct. App. 2024).
· cites it 3× “The Governor and CDPH issued the Blueprint under the authority granted to the Governor under the Emergency Services Act (Gov. Code, § 8550 et seq.) 1 (ESA) and the authority granted to CDPH under Health and Safety Code section 120140.”
Newsom v. Superior Ct. (Cal. Ct. App. 2021).
· cites it 2× “Following our decision in Newsom, the case was reassigned to a different judge who conducted a trial on documentary exhibits without live witnesses and entered a judgment granting declaratory relief that the Executive Order is void as unconstitutional and that the California…”
City of Selma v. City of Kingsburg CA5 (Cal. Ct. App. 2016).
“” Chief Ray may have been referring to the California Disaster and Civil Defense Master Mutual Aid Agreement created to facilitate the implementation of the California Emergency Services Act (Gov. Code, § 8550 et seq.). (See Gov. Code, § 8561.”
Stanley v. Superior Court (Cal. Ct. App. 2020).
“) 1 The Governor’s executive order cites various provisions of the Emergency Services Act (Gov. Code, § 8550 et seq.), including Government Code section 8627.”
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