Governor’s emergency orders and regulations: approval by the Legislature.
Impact
The bill is set to impact the legal framework surrounding executive powers during emergencies, tightening the Governor's ability to enact regulations without legislative approval post-60 days of an emergency declaration. Supporters argue that this promotes accountability and prevents potential overreach by the executive branch during extended emergency periods. It further aligns the governance of emergency regulations with legislative consent, fostering a more collaborative approach to crisis management.
Summary
AB 108 proposes amendments to Section 8567 of the Government Code, affecting the powers of the Governor during a state of emergency. Specifically, it introduces a requirement for any emergency orders or regulations issued 60 days or more after the declaration of a state of emergency to receive approval through a concurrent resolution from the Legislature before taking effect. This change aims to enhance legislative oversight of the emergency powers exercised by the Governor under the California Emergency Services Act (CESA).
Contention
Critics of AB 108 may raise concerns regarding the balance between swift executive action and legislative approval, particularly in rapidly evolving emergency situations. They may argue that requiring legislative approval could hinder timely responses necessary to address emergencies effectively. Ultimately, AB 108 seeks to establish a new framework that balances emergency response efficiency with democratic oversight and legislative authority.