HomeMy WebLinkAboutProclamation and CDAA Process Fact SheetFact S
Cal OES
GOVERNOR'S OFFICE
OF EMERGENCY SERVICES
California Emergency Disaster Proclamation and CDAA Process
The following processes and factors are used to determine the magnitude and
severity of an event based on a local government agency's capacity and
capabilities to respond and recover.
Disaster Emergency Proclamation Process
Local Emergency Proclamation
If a local government determines effects of an emergency are beyond the
capability of local resources to mitigate effectively, the local government must
proclaim a local emergency.
Pursuant to California Government Code section 8680.9, a local emergency is a
condition of extreme peril to persons or property proclaimed as such by the
governing body of the local agency affected by a natural or manmade disaster.
The purpose of a local emergency proclamation is to provide extraordinary police
powers; immunity for emergency actions; authorize issuance of orders and
regulations; activate pre -established emergency provisions; and is a prerequisite to
request state or federal assistance. A local emergency proclamation can only be
issued by a governing body (city, county, or city and county) or an official
designated by local ordinance. The proclamation must be issued within 10 days of
the incident and ratified by the governing body within 7 days. Renewal of the
resolution should occur every 60 days until terminated.
It should be noted a local emergency proclamation is not required for fire or law
mutual aid; direct state assistance; American Red Cross assistance; a Fire
Management Assistance Grant (FMAG); or disaster loan programs from the U.S.
Department of Agriculture (USDA) or U.S. Small Business Administration (SBA).
State of Emergency Request
Pursuant to California Government Code section 8625, the Governor may proclaim
a State of Emergency in an area affected by a natural or human -made disaster,
when requested to do so by the governing body of the local agency affected, or
the Governor finds the local authority is inadequate to cope with the emergency.
A local jurisdiction should request the Governor to proclaim a state of emergency
when the governing body of a city, county, or city and county determine:
• Emergency conditions are beyond the control of the services, personnel,
equipment, and facilities of any single county, city, or city and county, and
• Emergency conditions require the combined forces of a mutual aid region or
regions to combat.
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EMA
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Rev. Jan 2022
California Emergency Disaster Proclamation and CDAA Process Fact Sheet
California Disaster Assistance Act Funding Process
Request
As set forth in the California Government Code. Title 2, Division 1, Chapter 7.5 -
California Disaster Assistance Act (CDAA), only a governing body of a city (mayor
or chief executive), county (chairman of a board of supervisors or county
administrative officer), or city and county may seek financial assistance through
CDAA, by order of a Director's Concurrence or Governor's Proclamation. The
request for CDAA can be included in a local emergency proclamation; however, it
Is more appropriate to request CDAA on separate letterhead once the governing
body has identified, and can certify, local resources are insufficient and the
situation is beyond its capabilities.
Verification of Damage
When the governing body submits its local proclamation of emergency to the
California Governor's Office of Emergency Services DOES) Regional Operators. the
package should include an Initial Damage Estimate Ill. An IDE is the local
governments' identification of the impacts and local response and recovery
activities. The IDE assists Cal OES to understand the jurisdictions' damage and
prioritize Preliminary Damage Assessment (PDA) efforts, which in turn can lead to a
Mate or federal disaster declaration. An Operational Area must include all its
affected governing bodies (cities, towns, etc.), special districts (school districts,
wafer districts, community services districts, etc.), and private non-profit
organizations within the IDE. Cal OES Regional Operations then forwards the IDE to
Cal OES headquarters, which includes a Regional Event Summary (RES) update
delineating the impact of the event.
An IDE should include:
• Type and extent of public and private sector damage;
• Estimates of damage and emergency response costs; and
• Any acute public health and environmental issues.
To assist the Governor in determining if funding under CDAA should be authorized,
the IDE and RES are reviewed, and if warranted, a State pre -assessment is
conducted by Cal OES Recovery. Cal OES works with local jurisdictions emergency
management and/or public safety agencies in the Operational Areas affected by
the disaster event to accomplish these assessments.
Once a determination is made, Cal OES will notify the requesting jurisdiction in a
timely manner verbally by Cal OES Region and in writing by Cal OES Recovery).
Factors URfrsed in Consideration
In evaluating a local government's request for financial assistance under CDAA, a
number of factors, and relevant information, are considered in determining the
severity, magnitude, and impact of a all event and developing a
recommendation to the Governor. Me very nature of disasters, their unique
circumstances, and varied impacts impedes a complete listing of factors considered
when evaluating disaster declaration requests; however, primary considerations are
as follows, in no particular rank:
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California Emergency Disaster Proclamation and CDAA Process Fact Sheet
Factors Considered
Activation of Emergency Operations Plan and Emergency Operations Center
J Amount and type of damage (includes response costs, emergency protective
measures, debris removal, public infrastructure damage, number of businesses
affected, and number of homes destroyed/with major damage)
J Amount of available funding at the local level
Available assistance or additional programs from other sources (Federal, State,
local, voluntary/NGOs)
J Costs of event distributed per population (per capita)
J Dispersion or concentration of damage
Existence of an approved Local Hazard Mitigation Plan
History or frequency of disasters over a recent time period
Imminent threats to public health and safety or the environment
Impact on the infrastructure of affected area or critical facilities
J Impacts to essential government services and functions
J Level of insurance coverage in place for public facilities and homeowners
Per capita income and poverty level of the operational area
Requirement or request for regulatory, statutory, or permit extension waiver or
relief
Resource commitments (Local, Regional, State Mutual Aid Assets)
J Unique capability of State government
Events Outside the State's Capabilities
If an incident is of such severity and magnitude that effective response is beyond
the capabilities of the affected local government and the State or Indian tribal
government, and supplementary assistance is necessary, the Governor may request
federal assistance, including a presidential emergency or disaster declaration.
Presidential Declaration Request
Pursuant to Tittle 44 of the Code of Federal Regulations, the Governor may request the
President declare an emergency or major disaster exists in the State, in accordance
with the authority outlined by the Stafford Act. A Presidential Declaration is determined
through evaluation of several factors, including the cause of the disaster event,
damage, needs, certification by state officials that state and local governments will
comply with cost sharing and other requirements, and official requests for assistance.
In requesting supplemental federal assistance, the Governor must:
• Certify that the severity and magnitude of the disaster exceeds local capabilities;
• Certify federal assistance is necessary to supplement the efforts and available
resources of the State and local governments, disaster relief organizations, and
compensation by insurance for disaster related losses;
• Confirm execution of the state's emergency plan;
• Certify adherence to cost -sharing requirements; and
• Conduct a joint Federal -State preliminary damage assessment (PDA) to analyze
o FEMA: Individual Assistance, Public Assistance, and Hazard Mitigation
o SBA: Individuals and Households
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