California 2021-2022 Regular Session Status: To Executive Bipartisan · 3 R · 2 D cosponsors

AB 1687 — California Emergency Services Act: Governor's powers: suspension of statutes and regulations.

Last action — Vetoed by Governor.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2021-2022 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Existing law, the California Emergency Services Act (CESA) , among other things, authorizes the Governor to proclaim a state of emergency under certain circumstances and provides that a state of war emergency exists, with or without proclamation by the Governor, when specified conditions exist. During a state of war emergency or a state of emergency, the CESA authorizes the Governor to suspend any regulatory statute, or statute prescribing the procedure for the conduct of state business, or the orders, rules, or regulations of any state agency where the Governor determines and declares that strict compliance with any statute, order, rule, or regulation would in any way prevent, hinder, or delay the mitigation of the effects of the emergency. During a state of emergency, the CESA also authorizes the Governor to temporarily suspend any state, county, city, or special district statute, ordinance, regulation, or rule imposing nonsafety related restrictions on the delivery of food products, pharmaceuticals, and other emergency essentials distributed through retail or institutional channels, as provided, until the termination of the state of emergency, or for a period of 60 days, whichever occurs first. If the Governor has proclaimed a state of emergency and the President has declared an emergency or a major disaster to exist in this state, the CESA also authorizes the Governor to, among other things, temporarily suspend or modify, for up to 60 days, public health, safety, zoning, or intrastate transportation laws, ordinances, or regulations if the Governor declares that the suspension or modification is essential to provide temporary housing for disaster victims. This bill would provide that the Governor may only suspend a statute or regulation during a state of emergency or state of war emergency, as described above, in connection with the specific conditions of emergency proclaimed by the Governor or state of war emergency, as applicable. With respect to the temporary suspension of statutes, ordinances, regulations, or rules imposing nonsafety related restrictions on emergency essentials, as described above, the bill would provide that the Governor may only temporarily suspend those statutes, ordinances, regulations, or rules in connection with the specific conditions of emergency proclaimed by the Governor. With respect to laws, ordinances, or regulations temporarily suspended or modified to provide temporary housing, as described above, the bill would provide that the Governor may only temporarily suspend those laws, ordinances, or regulations in connection with the specific conditions of emergency proclaimed by the Governor and declared by the President to be an emergency or major disaster. The bill would also make conforming and other nonsubstantive changes.

Bill Text

Action History

  1. Vetoed by Governor.

  2. Enrolled and presented to the Governor at 4 p.m.

  3. In Assembly. Ordered to Engrossing and Enrolling.

  4. Read third time. Passed. Ordered to the Assembly. (Ayes 34. Noes 5. Page 5085.).

  5. Read second time. Ordered to third reading.

  6. From committee: Do pass. (Ayes 12. Noes 1.) (June 28).

  7. Referred to Com. on G.O.

  8. In Senate. Read first time. To Com. on RLS. for assignment.

  9. Read third time. Passed. Ordered to the Senate. (Ayes 69. Noes 0. Page 4508.)

  10. Read second time. Ordered to third reading.

  11. From committee: Do pass. (Ayes 7. Noes 0.) (April 25).

  12. Referred to Com. on E.M.

  13. From printer. May be heard in committee February 24.

  14. Read first time. To print.

Sponsors

Sponsorship breakdown

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1 sponsors · 7 co-sponsors · 114 not signed on · 2 voted No

Sponsors (1)

Co-sponsors (7)

Not signed on (114)

114 members have not signed on to this bill.

Show all 114 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

3rd Reading AB1687 Seyarto et al. By Ochoa Bogh

Passed 34 Yea · 5 Nay · 1 Other
Party YeaNayPresentNot Voting
Democratic 10201
Unaffiliated 20300
Republican 4000
Total 34501
% of votes cast 85%13%0%3%
How each member voted (40)
Member Party Vote
Borgeas — Yea
Leyva — Yea
Pan — Yea
Atkins — Yea
Dodd — Yea
Gonzalez — Yea
Rubio — Yea
Wilk — Yea
Portantino — Yea
Melendez — Yea
Newman — Yea
Nielsen — Yea
Bradford — Yea
Glazer — Yea
Hertzberg — Yea
Min — Yea
Roth — Yea
Wieckowski — Yea
Bates — Yea
Hueso — Yea
Kamlager — Nay
Skinner — Nay
Eggman — Nay
Allen, Benjamin Democratic Yea
Archuleta, Bob Democratic Yea
Becker, Josh Democratic Yea
Caballero, Anna M. Democratic Yea
Cortese, Dave Democratic Yea
Durazo, Maria Elena Democratic Not Voting
Hurtado, Melissa Democratic Yea
Laird, John Democratic Yea
Limón, Monique Democratic Yea
McGuire, Mike Democratic Yea
Stern, Henry I. Democratic Nay
Umberg, Thomas J. Democratic Yea
Wiener, Scott D. Democratic Nay
Dahle, Megan Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea
Ochoa Bogh, Rosilicie Republican Yea

Official roll call →

Do pass

Passed 12 Yea · 1 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 8102
Democratic 3000
Republican 1000
Total 12102
% of votes cast 80%7%0%13%
How each member voted (15)
Member Party Vote
Melendez — Yea
Portantino — Yea
Bradford — Yea
Hueso — Yea
Nielsen — Yea
Rubio — Yea
Dodd — Yea
Wilk — Yea
Kamlager — Nay
Borgeas — Not Voting
Glazer — Not Voting
Allen, Benjamin Democratic Yea
Archuleta, Bob Democratic Yea
Becker, Josh Democratic Yea
Jones, Brian W. Republican Yea

Official roll call →

AB 1687 Seyarto Assembly Third Reading

Passed 69 Yea · 0 Nay · 8 Other
Party YeaNayPresentNot Voting
Democratic 26003
Unaffiliated 36003
Republican 7002
Total 69008
% of votes cast 90%0%0%10%
How each member voted (77)
Member Party Vote
Bloom — Yea
Friedman — Yea
Voepel — Yea
Cooley — Yea
Mathis — Yea
Bigelow — Yea
Rendon — Yea
Mullin — Yea
Holden — Yea
Villapudua — Yea
Salas — Yea
Jones-Sawyer — Yea
Santiago — Yea
Maienschein — Yea
Rodriguez — Yea
Quirk — Yea
Wood — Yea
Kiley — Yea
Mayes — Yea
Ting — Yea
Low — Yea
Levine — Yea
O'Donnell — Yea
Daly — Yea
McCarty — Yea
Gray — Yea
Smith — Yea
Cunningham — Yea
Cooper — Yea
Waldron — Not Voting
Nazarian — Not Voting
Medina — Not Voting
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Yea
Luz Rivas — Yea
Mark Stone — Yea
Vince Fong — Yea
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Bauer-Kahan, Rebecca Democratic Yea
Bennett, Steve Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Bonta, Mia Democratic Not Voting
Bryan, Isaac G. Democratic Yea
Calderon, Lisa Democratic Not Voting
Cervantes, Sabrina Democratic Yea
Fong, Mike Democratic Yea
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Not Voting
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Lee, Alex Democratic Yea
Muratsuchi, Al Democratic Yea
Nguyen, Stephanie Democratic Yea
Petrie-Norris, Cottie Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Ward, Christopher M. Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Wicks, Buffy Democratic Yea
Wilson, Lori D. Democratic Yea
Chen, Phillip Republican Yea
Choi, Steven S. Republican Yea
Dahle, Megan Republican Not Voting
Davies, Laurie Republican Yea
Flora, Heath Republican Yea
Gallagher, James Republican Not Voting
Lackey, Tom Republican Yea
Seyarto, Kelly Republican Yea
Valladares, Suzette Martinez Republican Yea

Official roll call →

Subjects

public-safety housing
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Frequently asked questions

What does AB 1687 do?
Existing law, the California Emergency Services Act (CESA) , among other things, authorizes the Governor to proclaim a state of emergency under certain circumstances and provides that a state of war emergency exists, with or without proclamation by the Governor, when specified conditions exist. During a state of war emergency or a state of emergency, the CESA authorizes the Governor to suspend any regulatory statute, or statute prescribing the procedure for the conduct of state business, or the orders, rules, or regulations of any state agency where the Governor determines and declares that strict compliance with any statute, order, rule, or regulation would in any way prevent, hinder, or delay the mitigation of the effects of the emergency. During a state of emergency, the CESA also authorizes the Governor to temporarily suspend any state, county, city, or special district statute, ordinance, regulation, or rule imposing nonsafety related restrictions on the delivery of food products, pharmaceuticals, and other emergency essentials distributed through retail or institutional channels, as provided, until the termination of the state of emergency, or for a period of 60 days, whichever occurs first. If the Governor has proclaimed a state of emergency and the President has declared an emergency or a major disaster to exist in this state, the CESA also authorizes the Governor to, among other things, temporarily suspend or modify, for up to 60 days, public health, safety, zoning, or intrastate transportation laws, ordinances, or regulations if the Governor declares that the suspension or modification is essential to provide temporary housing for disaster victims. This bill would provide that the Governor may only suspend a statute or regulation during a state of emergency or state of war emergency, as described above, in connection with the specific conditions of emergency proclaimed by the Governor or state of war emergency, as applicable. With respect to the temporary suspension of statutes, ordinances, regulations, or rules imposing nonsafety related restrictions on emergency essentials, as described above, the bill would provide that the Governor may only temporarily suspend those statutes, ordinances, regulations, or rules in connection with the specific conditions of emergency proclaimed by the Governor. With respect to laws, ordinances, or regulations temporarily suspended or modified to provide temporary housing, as described above, the bill would provide that the Governor may only temporarily suspend those laws, ordinances, or regulations in connection with the specific conditions of emergency proclaimed by the Governor and declared by the President to be an emergency or major disaster. The bill would also make conforming and other nonsubstantive changes.
Who sponsors AB 1687?
AB 1687 is sponsored by Seyarto, Kelly (Republican), Mathis, Smith, Jones, Brian W. (Republican), Ochoa Bogh, Rosilicie (Republican), Nielsen, Nguyen, Stephanie (Democratic), and Fong, Mike (Democratic).
What is the current status of AB 1687?
This bill died with 2021-2022 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 1687?
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