WHEREAS on December 14, 2011, a tanker truck loaded with gasoline was involved in a vehicle accident near Montebello in Los Angeles County on State Route 60, resulting in intense fire, heat, and destruction of portions of State Route 60; and
WHEREAS this event has caused closure of State Route 60, traffic congestion, and impaired movement of goods and services; and
WHEREAS this event caused extensive damage, requiring the demolition and reconstruction of roadway and bridge structures; and
WHEREAS the circumstances of this situation, by reason of their magnitude, 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 continuing conditions of extreme peril to public health and safety of persons and property exist within the County of Los Angeles because of this vehicle accident; and
WHEREAS strict compliance with all statutes, rules, and regulations prescribing procedures for the conduct of certain state business, specifically the award and administration of state contracts, would hinder and delay the completion of investigation, technical analysis, and repair work; and
WHEREAS under the provision of section 8558(b) of the California Government Code, I find that conditions of extreme peril exist due to this event.
NOW, THEREFORE, I, EDMUND G. BROWN JR., Governor of the State of California, in accordance with the authority vested in me by the State Constitution and statues, 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 Los Angeles 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 and the State Emergency Plan.
I FURTHER DIRECT THAT:
1. The California Department of Transportation formally request immediate assistance through the Federal Highway Administration’s Emergency Relief Program, 23 U.S.C. Section 125, in order to obtain federal assistance for critical highway repairs or reconstruction in the County of Los Angeles.
2. The operation of all statutes, rules, and regulations as they apply to contracts for the investigation, analysis, and repair of damage to roadways shall be hereby suspended for the purpose of facilitating the reopening and restoration of the transportation structures damaged by this emergency. California Department of Transportation officers shall exercise sound discretion to ensure that the suspension of any statutes, rules and regulations serves the purpose of accelerating the reopening and restoration of the transportation structures damaged by this emergency; and
3. The statutes, rules, and regulations, as they apply to the excavation of rock, gravel, sand or soil from public or private lands under the Surface Mining and Reclamation Act of 1975 (as amended) (Public Resources Code, Division 2, Chapter 9) are hereby suspended for excavation that is for the sole purpose of repairing and reconstructing the transportation structures damaged by this emergency; and
4. In accordance with the authority vested in me by Government Code section 8627.5, I hereby suspend any state, county, city, or special district statute, ordinance, regulation, or rule imposing non-safety related restrictions on the delivery of food products through retail or institutional channels, including but not limited to hospitals, jails, restaurants, and schools; and
5. The Secretary of the Business, Transportation and Housing Agency, Director of the California Department of Transportation, and Director of the California Highway Patrol shall continue to work with transit authorities to facilitate the flow of goods and services as well as address the needs of commuters affected by this event.
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.
IN WITNESS WHEREOF I have hereunto set my hand and caused the Great Seal of the State of California to be affixed this 20th day of December, 2011.
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EDMUND G. BROWN JR.
Governor of California
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