CC 2021-10-12_08h Resolution to Reduce Penalties for Past Due Water Bills related to COVIDMEMORANDUM
TO: CITY COUNCIL
FROM: BILL ROBESON, ASSISTANT CITY MANAGER/PUBLIC WORKS
DIRECTOR
BY: NICOLE VALENTINE, DIRECTOR OF ADMINISTRATIVE SERVICES
SUBJECT: AUTHORIZE A RESOLUTION TO REDUCE PENALTIES FOR PAST DUE
WATER BILLS RELATED TO THE COVID-19 PANDEMIC
DATE: OCTOBER 12, 2021
SUMMARY OF ACTION:
Adopt a Resolution to reduce penalties for past due water bills accrued during May 2020
through November 2021 related to the Covid-19 pandemic.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
The total balance of customer water bills that are past due by more than one billing cycle
is approximately $95,785. The total past due bills for service amount to $65,150, and
accrued penalties amount to $30,635. Due to the Governor’s COVID-19-related Executive
Orders, the City was not able to shut off water service for nonpayment since the pandemic
began. During this time, customers have continued to receive water service and the 10%
penalty has continued to compound on customers’ running balance. The proposed
Resolution would allow the City’s Administrative Services Director to reduce penalties
accrued from May 2020 through November 2021 so that only 10% of the original bills for
service would be charged to customers with overdue bills. If approved, this would lower
total outstanding penalties from $30,635 to $6,515, a difference of $24,120.
RECOMMENDATION:
It is recommended the City Council adopt a Resolution to allow the City’s Administrative
Services Director to reduce penalties to 10% of customers’ original water bill from May
2020 through November 2021.
BACKGROUND:
In April 2020, Governor Newsom Issued Executive Order N-42-20 that restricted water
shutoffs to homes and small businesses during the COVID-19 pandemic. On April 14,
2020, the City Council adopted a Resolution authorizing the Administrative Services
Director to suspend the discontinuance of water service for nonpayment for businesses
not otherwise protected by Executive Order N-42-20 and to waive late payment penalties
imposed for the March 4th (East side) and April 3rd (West side) 2020 utility billings. Since
Item 8.h. - Page 1
CITY COUNCIL
AUTHORIZE A RESOLUTION TO REDUCE PENALTIES FOR PAST DUE WATER
BILLS RELATED TO THE COVID-19 PANDEMIC
OCTOBER 12, 2021
PAGE 2
this time, Executive Order N-42-20 has been in effect and operated to preclude the City
from shutting off water service to customers for non-payment. As a result, the City has
not shut-off any utility customers since the pandemic began. In the meantime, a number
of customers have not made payments on their utility accounts and have accrued large
balances in some instances.
Once a utility bill becomes past due, a 10% penalty is applied to the total balance owed
on the account. If subsequent water bills become past due for the same customer, the
10% penalty is then applied to the new total balance owed on the account. This creates
a compounding effect for customers who have not paid their water bills for several billing
cycles. Ordinarily, customers would not experience significant compounding of penalties
because the service disconnection (shutoff) process would be followed to ensure
payment of past-due bills. Without the ability to implement the ordinary water shutoff
process, some customers have accrued high penalty amounts following several billing
cycles of non-payments.
On June 11, 2021, Governor Newsom Issued Executive Order N-08-21 rolling back
certain provisions of COVID-19-related Executive Orders while leaving other provisions
in place. Executive Order N-42-20 addressing water service shutoffs was left in place
through September 30, 2021, at which time the order precluding shutoffs for nonpayment
expired. (See Attachments 2 & 3.) Following the expiration of Executive Order N-42-20,
the City intends to begin the process of administering water shutoffs due to nonpayment
of utility bills in accordance with all otherwise applicable rules and regulations.
ANALYSIS OF ISSUES:
Outlined are the next steps the City will take within the Utility Billing Department with
assistance from Public Works to administer the water service disconnection process:
Water accounts on the East Side:
October 19th Shut-offs notice to be mailed
October 29th Call/try to contact customer
November 8th Shut-off Day (45 Estimated Shut-offs)
Water accounts on the West Side:
November 19th Shut-offs notice to be mailed
November 30th Call/try to contact customer
December 7th & 8th Shut-off Days (130 Estimated Shut-offs)
Eight of these anticipated shutoffs are businesses. The City currently has 76 customers
that are past due by more than one billing cycle.
Item 8.h. - Page 2
CITY COUNCIL
AUTHORIZE A RESOLUTION TO REDUCE PENALTIES FOR PAST DUE WATER
BILLS RELATED TO THE COVID-19 PANDEMIC
OCTOBER 12, 2021
PAGE 3
The total balance of customer water bills that are past due by more than one billing cycle
is approximately $95,785. The total past due bills for water service equal $65,150 with
accrued penalties totaling $30,635. Due to the applicable COVID-19-related Executive
Orders, the City was not able to shut off water service for nonpayment. However, water
service has continued to be provided and billed to customers and the applicable 10%
penalty has continued to compound on the customers’ running balance. If the City were
to only charge 10% on the original billed amount for services without adding prior accrued
penalties, this would lower the total amount of owed penalties from $30,635 to $6,515, a
difference of $24,120. In light of the large number of customers facing shutoff notices and
the significant amount of penalties that have accumulated, it is recommended that the
City alter its standard method of applying penalties to customers who have accrued
unpaid water bills between May 2020 and November 2021. (Because all penalties were
waived for the months of March and April 2020 pursuant to Council Resolution, the
proposed Resolution would apply to penalties assessed beginning in May 2020 rather
than March.)
As in the past 5 years, the FY 2021-22 City budget anticipates a certain amount of
revenue from penalties in the Sewer Fund and Water Fund, with $7,000 in Utility Bill (UB)
Late Payment Penalties in the Sewer Fund and $45,000 in UB Late Payment Penalties
for the Water Fund. Altering the application of penalties to late bills accrued between May
2020 and November 2021, as proposed, is not anticipated to negatively impact budgeted
revenues for this fiscal year. Budgeted revenue from penalties are based on past average
receipts, which are not anticipated to change during the remainder of this fiscal year.
Additionally, current accrued penalties are higher than normal due to the inability to
conduct water service shutoffs during the pandemic.
City staff contacted other local water providers about their current practice on water late
fees and received the following results:
•City of San Luis Obispo: W aives one late charge per year on an account, but
increased that to 4 during COVID.
•Atascadero Mutual Water Co.: Waives all late fees back to April 2020 if the
customer has been affected by COVID.
•City of Pismo Beach: Allows one adjustment of no more than $1,000 every five
years.
•City of Paso Robles: Has not assessed any penalties on any water accounts during
COVID. Normal policy is to assess penalties and waive one set of penalties (10%
and door hanger) per customer per year.
•Nipomo CSD: Did not charge penalties from March 2020 to June 2021.
•City of Morro Bay: Has not been charging any late fees since March 2020.
•Templeton CSD: W aives one late penalty per customer per year.
Item 8.h. - Page 3
CITY COUNCIL
AUTHORIZE A RESOLUTION TO REDUCE PENALTIES FOR PAST DUE WATER
BILLS RELATED TO THE COVID-19 PANDEMIC
OCTOBER 12, 2021
PAGE 4
ALTERNATIVES:
The following alternatives are provided for the Council’s consideration:
1. Adopt the proposed Resolution to reduce penalties for past due water bills related
to the Covid-19 pandemic;
2.Do not reduce penalties for past due water bills; or
3.Provide other direction to staff.
ADV ANTAGES:
Reducing water penalties from past due customer bills will assist customers in paying off
their outstanding balances before shutoff occurs. This approach requires customers to
pay for all water used through the water system but limits customer penalties to no more
than 10%.
DISADVANTAGES:
Not collecting the full penalty amount reduces the potential for unanticipated water and
sewer fund balance increases.
ENVIRONMENTAL REVIEW:
No environmental review is required for this item.
PUBLIC NOTIFICATION AND COMMENTS:
The Agenda was posted at City Hall and on the City’s website in accordance with
Government Code Section 54954.2.
Attachments:
1.Proposed Resolution
2.Executive Order N-42-20
3.Executive Order N-08-21
Item 8.h. - Page 4
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE AUTHORIZING THE REDUCTION OF
PENALTIES TO CUSTOMERS FOR UNPAID WATER
UTILITY BILLS ACCRUED DURING MAY 2020 THROUGH
NOVEMBER 2021
WHEREAS, on April 2, 2020, Governor Newsom issued Executive Order N-42-20, which
suspended the authority of urban and community water systems to discontinue water
service to residential and critical infrastructure sector small business customers for
nonpayment until further notice; and
WHEREAS, on April 14, 2020, the City Council adopted a Resolution authorizing the
Administrative Services Director to suspend the discontinuance of water service for
nonpayment for businesses not otherwise protected by Executive Order N-42-20 and
waive late payment penalties imposed for the March 4th (East side) and April 3rd (West
side) 2020 utility billings; and
WHEREAS, on June 11, 2021, Governor Newsom Issued Executive Order N-08-21
rescinding certain provisions of previously-issued COVID-19-related Executive Orders,
including Executive Order N-42-20, which remained in effect through September 30,
2021, at which time Executive Order N-42-20 expired; and
WHEREAS, upon expiration of Executive Order N-42-20, the City may begin the process
of administering water service shutoffs due to nonpayment of utility bills; and
WHEREAS, the City charges a Water Service Late Charge in accordance with Arroyo
Grande Municipal Code 13.04.030; and
WHEREAS, the established Master Fee Schedule includes the Water Service Late
Charge of a 10% penalty once a utility bill is past due, which is applied to the customer’s
total outstanding balance; and
WHEREAS, while the City was not able to discontinue water service for nonpayment,
water service has continued to be provided and penalties have continued to compound
on customers’ running balance where bills have remained unpaid for multiple billing
cycles, creating significant penalty amounts for some customers from the period between
May 2020 through November 2021.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arroyo Grande
as follows:
1.The recitals set forth herein are true, correct and incorporated by reference.
Attachment 1
Item 8.h. - Page 5
RESOLUTION NO.
PAGE 2
2.The Administrative Services Director is hereby authorized to reduce penalties to 10%
of customers’ original water bills from May 2020 through November 2021.
On motion by Council Member , seconded by Council Member , and by the
following roll call vote, to wit:
AYES:
NAYS:
ABSENT:
The foregoing Resolution was passed and adopted this 12th day of October 2021.
Item 8.h. - Page 6
RESOLUTION NO.
PAGE 3
______________________________________
CAREN RAY RUSSOM, MAYOR
ATTEST:
______________________________________
JESSICA MATSON, CITY CLERK
APPROVED AS TO CONTENT:
______________________________________
WHITNEY McDONALD, CITY MANAGER
APPROVED AS TO FORM:
______________________________________
TIMOTHY J. CARMEL, CITY ATTORNEY
Item 8.h. - Page 7
EXECUTIVE DEPARTMENT
STATE OF CALIFORNIA
EXECUTIVE ORDER N-42-20
WHEREAS on March 4, 2020, I proclaimed a state of emerg e n cy to exist in
California as a result o f th e threat o f COVID-1 9; and
WHEREAS it is the established policy of the State under Water Code
section 106 .3 that every human being ha s the right to safe, clean, affordable,
and accessible water adequate for human co n sumption, cooking, and sanitary
p urposes; and
WHEREAS t o limit the spread of COVID-19 it is crucial tha t Californians wash
the ir hands regularly and thoroughly; and
WHEREAS many Californians are experiencin g or w ill experi ence
subs tantia l losses of income as a result o f business closures, the loss of work hours
or wages, or layoffs related to COVID-19, w hi c h may hinder th eir ability to make
payments for water serv ice and subject them to water shutoffs due to non
payment; and
WHEREAS many small businesses that provide serv ices essen ti al to the
h ea lth a nd well-being o f Californians have experienced substantia l reductions in
income, which may hinder their ability t o make payments for water service and
subject th em to water shutoffs due t o non-payment ; a n d
WHEREAS the Cali forn ia Public Utilities Commission has directed p ri vate
wat er utilities under its jurisd ic ti on to implement customer service protections,
including a moratoriu m on service disconnections, during the COVID-19
emergency; and
WHEREAS more than 100 public and private water systems have volunt a ril y
agreed to halt d isconnections as well ; and
WHEREAS under the provisions of Government Code sect ion 8571, I find
that stri c t compliance w ith th e various statutes and regu la ti ons conc e rning
water shu t o ffs specified in thi s order would prevent, hinde r, or delay appropriate
actions t o prevent a n d mitigate th e e ff_ect s of the COVID-19 pandemic.
NOW, THEREFORE, I, GAVIN NEWSOM , Governor of the State of California ,
in accordance with the authority vested in me by the St a t e Constitution and the
statutes o f th e State of Ca lif ornia, and in partic ular, Government Code sections
8567, 8570, 857 1, and 8627, do h ereby iss u e the following order to become
e ffective immediate ly:
IT IS HEREBY ORDERED THAT:
1) Th e authority of urban and community water systems , as defined in
Health a nd Safety Code section 11 6902, subdivision (d), to d iscontinue
residential serv ice, as defined in Health and Safety Code section
11 6902, subdivi sion (c), for non-payment under Health and Safety
Code sections 11 6908 and 11 69 10, is susp e nded.
2) Water systems not subject t o th e requirements of Health and Safety
Code sections 11 6908 and 11 69 10 sha ll not d isco ntinue res id e ntial
Attachment 2
Item 8.h. - Page 8
service, as defined in Health and Safety Code section l l 6902,
subdiv isi on (c), for non-payment.
3) Water sys tems shall restore any re sidentia l service to occupied
residences that has been discontinued for nonpayment sin ce March 4,
2020.
4) Water sys t ems shall not discontinue service to any bus in ess in t he
critical infra st ru c ture sectors designated by the State Public Hea lth
Officer as critica l to protect the health and well-b eing of all
Californians tha t qualifies as a small b u sin ess under 13 C.F.R. § 121.201
of th e Small Bu sines s Administration's regulations.
5) Th e State Water Resources Control Board shall identify best practices,
guidelines, or both t o be implemented du ring th e COVID-19
emergen cy '(i) to address non-payment or reduced payments, (ii ) to
promote and to ensure con tinuity o f serv ice by wa t er systems and
wastewater sys t ems, and (iii) to provid e measures such as th e sharing
of suppli es, equipment and staffing t o relieve water systems under
finan cial distress.
Nothing in this Order e liminates the ob ligation of wat er customers t o pay
for water service, prevent s a wa t er system from charg in g a customer for such
se rv ice, or reduces th e amount a cus tomer already may owe to a water system.
Nothing in this Order modifies the obli gati ons of urban and community
wat ers systems t o comply w ith provisions of th e Water Shutoff Protection Act not
specifi call y addressed by this Order or o th er applicable laws, regulations, and
guideli nes.
IT IS FURTHER ORDERED that as soon as hereafter poss ibl e , this Order be
fi led in th e Office of the Secretary of State and th a t w idespread publi cit y and
notice be g iven of thi s Order.
Thi s Order is not intended t o, and does not, crea t e any rights or benefits,
subs tantive or procedural, enforceable at law or in eq uity, against the State of
California, its agencies, departments, entities, officers, employees, or any other
person.
NESS WHEREOF I have hereunto set
nd and cau d th e Great Sea l of the
of California be affixed this 2nd
f April 2020.
rnor of Ca li forn ia
ATTEST:
A LEX PAD ILL A
Secretary o f State
Item 8.h. - Page 9
EXECUTIVE DEPARTMENT
STATE OF CALIFORNIA
EXECUTIVE ORDER N-08-21
WHEREAS on March 4, 2020, I proclaimed a State of Emergency to exist in
California as a result of the threat of COVID-19; and
WHEREAS since March 2020, the State has taken decisive and meaningful
actions to reduce the spread, and mitigate the impacts, of COVID-19, saving an
untold number of lives; and
WHEREAS as a result of the effective actions Californians have taken, as
well as the successful and ongoing distribution of COVID-19 vaccines, California
is turning a corner in its fight against COVID-19; and
WHEREAS on June 11, 2021, I issued Executive Order N-07-21, which
formally rescinded the Stay-at-Home Order (Executive Order N-33-20, issued on
March 19, 2020), as well as the framework for a gradual, risk-based reopening of
the economy (Executive Order N-60-20, issued on May 4, 2020); and
WHEREAS in light of the current state of the COVID-19 pandemic in
California, it is appropriate to roll back certain provisions of my COVID-19-related
Executive Orders; and
WHEREAS certain provisions of my COVID-19 related Executive Orders
currently remain necessary to continue to help California respond to, recover
from, and mitigate the impacts of the COVID-19 pandemic, including
California's ongoing vaccination programs, and the termination of certain
provisions of my COVID-19 related Executive Orders during this stage of the
emergency would compound the effects of the emergency and impede the
State's recovery by disrupting important governmental and social functions; and
WHEREAS under the provisions of Government Code section 8571, I find
that strict compliance with various statutes and regulations specified in this
Order would continue to prevent, hinder, or delay appropriate actions to
prevent and mitigate the effects of the COVID-19 pandemic.
NOW, THEREFORE, I, GAVIN NEWSOM, Governor of the State of California,
in accordance with the authority vested in me by the State Constitution and
statutes of the State of California, and in particular, Government Code sections
8567, 8571, and 8627, do hereby issue the following Order to become effective
immediately:
IT IS HEREBY ORDERED THAT:
The following provisions shall remain in place and shall have full force and
effect through June 30, 2021, upon which time they will expire subject to
individual conditions described in the enumerated paragraphs below.
Attachment 3
Item 8.h. - Page 10
1) State of Emergency Proclamation dated March 4, 2020:
a. Paragraph 10. Any facility operating under a waiver pursuant to this
provision, memorialized in an All Facilities Letter, may operate
pursuant to such a waiver through the stated expiration in the All
Facilities Letter or September 30, 2021, whichever occurs first;
b. Paragraph 11;
c. Paragraph 12; and
d. Paragraph 13.
2) Executive Order N-25-20:
a. Paragraph 1; and
b. Paragraph 7, and as applicable to local governments per Executive
Order N-35-20, Paragraph 3. Effective July 1, 2021, the waivers in
Executive Order N-25-20, Paragraph 7, and Executive Order N-35-20,
Paragraph 3, of reinstatement requirements set forth in Government
Code sections 7522.56(f) and (g) are terminated.
3) Executive Order N-26-20:
a. Paragraph l;
b. Paragraph 2;
c. Paragraph 3;
d. Paragraph 5;
e. Paragraph 6; and
f. Paragraph 7.
4) Executive Order N-27-20:
a. Paragraph 1;
b. Paragraph 2; and
c. Paragraph 3.
5) Executive Order N-28-20:
a. Paragraph 3; and
b. Paragraph 6.
6) Executive Order N-31-20:
a. Paragraph l; and
b. Paragraph 2.
7) Executive Order N-35-20:
a. Paragraph 1. Any facility operating under a waiver pursuant to this
provision, memorialized in an All Facilities Letter, may operate
pursuant to such a waiver through the stated expiration in the All
Facilities Letter or September 30, 2021, whichever occurs first;
b. Paragraph 4;
c. Paragraph 6. To the extent the Director exercised their authority
pursuant to this provision on or before June 30, 2021, the extension
shall remain valid until the effective expiration;
Item 8.h. - Page 11
d. Paragraph l 0. The State Bar sha ll receive the time extension in the
aforementioned order for any nomination submitted to the State
Bar by the Governor on or before June 30, 2021; and
e. Paragraph 11 (as extended and clarified by N-71-20, Paragraph 6).
Claims accruing before June 30, 2021 will remain subject to the 120-
day extension granted in the aforementioned orders.
8) Executive Order N-36-20, Paragraph 1. To the extent the Secretary
exercised their authority pursuant to this provision, the Secretary shall allow
each facility to resume intake in a manner that clears intake backlog as
soon as feasible.
9) Executive Order N-39-20:
a. Paragraph 1. Any facility operating under a waiver pursuant to this
provision, memorialized in an All Facilities Letter, may operate
pursuant to such a waiver through the stated expiration in the All
Facilities Letter or September 30, 2021, whichever occurs first;
b. Paragraph 4; and
c. Paragraph 7. The leases or agreements executed pursuant to this
provision shal l remain valid in accordance with the term of the
agreement.
l 0) Executive Order N-40-20:
a. Paragraph l. For rulemakings published in the California Regulatory
Notice Register pursuant to Government Code section l l 346.4(a)(5)
prior to June 30, 2021, the deadlines in the aforementioned order
shall remain extended in accordance with the order;
b. Paragraph 2 (as extended and clarified by N-66-20, Paragraph 12,
and N-71-20, Paragraph l 0). Notwithstanding the expiration of this
provision, state employees subject to these training requirements
shall receive the benefit of the 120-day extension granted by the
aforementioned orders. All required training due on or before June
30, 2021 must be completed within 120 days of the statutorily
prescribed due date;
c. Paragraph 7 (as extended and clarified by N-66-20, Paragraph 13
and N-71-20, Paragraph 11). With regard to appeals received on or
before June 30, 2021, the State Personnel Board shall be entitled to
the extension in the aforementioned order to render its decision;
d. Paragraph 8. To the extent the deadlines specified in Government
Code section 22844 and California Code of Regulations, title 2,
sections 599.517 and 599.518 fell on a date on or before June 30,
2021 absent the extension, they shall expire pursuant to the
timeframes specified in the aforementioned orders;
e. Paragraph 16;
f. Paragraph 17; and
g. Paragraph 20.
11) Executive Order N-45-20:
a. Paragraph 4;
b. Paragraph 8;
c. Paragraph 9; and
Item 8.h. - Page 12
d. Paragraph 12. For vacancies occurring prior to June 30, 2021, the
deadline to fill the vacancy shall remain extended for the time
period in the aforementioned order.
12) Executive Order N-46-20:
a. Paragraph l; and
b. Paragraph 2.
13) Executive Order N-47-20:
a. Paragraph 2; and
b. Paragraph 3.
14) Executive Order N-48-20, Paragraph 2 (which clarified the scope of N-34-
20).
15) Executive Order N-49-20:
a. Paragraph 1;
b. Paragraph 3. For determinations made on or before June 30, 2021,
the discharge date sha ll be within 14 days of the Board's
determination; and
c. Paragraph 4.
16) Executive Order N-50-20, Paragraph 2.
17) Executive Order N-52-20:
a. Paragraph 6;
b. Paragraph 7. To the extent an individual has commenced a training
program prior to June 30, 2021, that was interrupted by COVID-19,
that individual shall be entitled to the extended timeframe in the
aforementioned order; and
c. Paragraph 14; and
d. Paragraph 16.
18) Executive Order N-53-20:
a. Paragraph 3;
b. Paragraph 12 (as extended or modified by N-69-20, Paragraph 10,
and N-71-20, Paragraph 27); and
c. Paragraph 13 (as extended or modified by N-69-20, Paragraph 11,
and N-71-20, Paragraph 28).
19) Executive Order N-54-20, Paragraph 7. To the extent the date governing
the expiration of registration of vehicles previously registered in a foreign
jurisdiction falls on or before June 30, 2021, the deadline is extended
pursuant to the aforementioned orders.
20) Executive Order N-55-20:
a. Paragraph 1. Statutory dead li nes related to cost reports, change in
scope of service requests, and reconciliation requests occurring on
Item 8.h. - Page 13
or before June 30, 2021 shal l remain subject to the extended
deadline in the aforementioned order;
b. Paragraph 4;
c. Paragraph 5;
d. Paragraph 6;
e. Paragraph 8;
f. Paragraph 9;
g. Paragraph 1O;
h. Paragraph 13;
i. Paragraph 14. Statutory deadlines related to beneficiary risk
assessments occurring on or before June 30, 2021 shall remain
subject to the extended deadline in the aforementioned order; and
j. Paragraph 16. Deadlines for fee-for-service providers to submit
information required for a Medical Exemption Request extended on
or before June 30, 2021 shall remain subject to the extended
deadline granted under the aforementioned order.
21) Executive Order N-56-20:
a. Paragraph 1;
b. Paragraph 6;
c. Paragraph 7;
d. Paragraph 8;
e. Paragraph 9; and
f. Paragraph 11.
22) Executive Order N-59-20, Paragraph 6.
23) Executive Order N-61-20:
a. Paragraph 1;
b. Paragraph 2;
c. Paragraph 3; and
d. Paragraph 4.
24) Executive Order N-63-20:
a. Paragraph B(a) (as extended by N-71-20, Paragraph 40). The
deadlines related to reports by the Division of Occupational Safety
and Health (Cal/OSHA) and the Occupational Safety & Health
Standards Board on proposed standards or variances due on or
before June 30, 2021 shall remain subject to the extended
timeframe;
b. Paragraph B(c). To the extent the date upon which the
Administrative Director must act upon Medical Provider Network
applications or requests for modifications or reapprovals falls on or
before June 30, 2021 absent the extension in the aforementioned
order, it shall remain subject to the extended timeframe;
c. Paragraph 8(e). To the extent filing deadlines for a Return-to-Work
Supplement appeal and any reply or responsive papers fall on or
before June 30, 2021, absent the extension in the aforementioned
order, they shall remain subject to the extended timeframe;
d. Paragraph 9(a) (as extended and modified by N-71-20, Paragraph
39). Any dead li ne setting the time for the Labor Commissioner to
Item 8.h. - Page 14
issue any citation under the Labor Code, including a civil wage and
penalty assessment pursuant to Labor Code section 1741, that,
absent the aforementioned order, would have occurred or would
occur between May 7, 2020 and September 29, 2021 shall be
extended to September 30, 2021. Any such deadline that, absent
the aforementioned order, would occur after September 29, 2021
shall be effective based on the timeframe in existence before the
aforementioned order;
e. Paragraph 9(b) (as extended and modified by N-71-20, Paragraph
41);
f. Paragraph 9(c) (as extended and modified by N-71-20, Paragraph
39). Any deadline setting the time for a worker to file complaints
and initiate proceedings with the Labor Commissioner pursuant to
Labor Code sections 98, 98.7, 1700.44, and 2673.1, that, absent the
aforementioned order, would have occurred or would occur
between May 7, 2020 and September 29, 2021 shall be extended to
September 30, 2021. Any such deadline that, absent the
aforementioned order, would occur after September 29, 2021 shall
be effective based on the timeframe in existence before the
aforementioned order;
g. Paragraph 9(d) (as extended and modified by N-71-20, Paragraph
39). Any deadline setting the time for Cal/OSHA to issue citations
pursuant to Labor Code section 6317, that, absent the
aforementioned order, would have occurred or would occur
between May 7, 2020 and September 29, 2021 shall be extended to
September 30, 2021. Any such deadline that, absent the
aforementioned order, would occur after September 29, 2021 sha ll
be effective based on the timeframe in existence before the
aforementioned order;
h. Paragraph 9(e) (as extended and modified by N-7 1-20, Paragraph
41);
i. Paragraph 1O;
j. Paragraph 12. Any peace officer reemployed on or before June 30,
2021 pursuant to the aforementioned order shall be entitled to the
extended reemployment period set forth in the order;
k. Paragraph 13;
I. Paragraph 14; and
m. Paragraph 15 (as extended by N-71-20, Paragraph 36).
25) Executive Order N-65-20:
a. Paragraph 5 (as extended by N-71-20, Paragraph 35; N-80-20,
Paragraph 4; and N-01-21). Identification cards issued under Health
and Safety Code section 11362.71 that would otherwise have
expired absent the aforementioned extension between March 4,
2020 and June 30, 2021 sha ll expire on December 31, 2021; and
b. Paragraph 7.
26) Executive Order N-66-20:
a. Paragraph 3;
b. Paragraph 4; and
c. Paragraph 5.
Item 8.h. - Page 15
27} Executive Order N-68-20:
a. Paragraph 1. Notwithstanding the expiration of the aforementioned
order, temporary licenses granted on or before June 30, 2021 shall
be valid through September 30, 2021 ; and
b. Paragraph 2. Renewal fee payments otherwise due to the to the
California Department of Public Health absent the extension in the
aforementioned order on or before June 30, 2021, shall be entitled
to the extensions of time set forth in the aforementioned order.
28} Executive Order N-71-20:
a. Paragraph 1;
b. Paragraph 4;
c. Paragraph 16. Where the statutory deadline for openin,g or
completing investigations is set to occur on or before June 30, 2021,
the deadline shall remain subject to the extension in the
aforementioned order; and
d. Paragraph 17. Where the statutory deadline for serving a notice of
adverse action is due on or before June 30, 2021, the deadline shall
remain subject to the extension in the aforementioned order.
29} Executive Order N-75-20:
a. Paragraph 7. Children placed in foster care on or before June 30,
2021 shall receive such examinations on or before July 31, 2021;
b. Paragraph 8;
c. Paragraph 9;
d. Paragraph 10. Any facility operating under a waiver pursuant to this
provision may operate pursuant to such a waiver through the
expiration as set forth by the California Department of Public Health,
or September 30, 2021, whichever occurs first; and
e. Paragraph 13.
30} Executive Order N-7 6-20, Paragraph 3.
31} Executive Order N-77-20:
a. Paragraph 1;
b. Paragraph 2; and
c. Paragraph 3.
32} Executive Order N-78-20 (as extended and modified by N-03-21 }:
a. Paragraph 1; and
b. Paragraph 2.
33} Executive Order N-83-20:
a. Paragraph 3. To the extent the Director of the Department of
Alcoholic Beverage Control suspends deadlines for renewing
licenses upon payment of annual fees on or before June 30, 2021,
the extension sha ll remain valid until the effective expiration;
Item 8.h. - Page 16
b. Paragraph 5 (which repealed and replaced N-71-20, Paragraph 19,
which extended N-52-20, Paragraph l, and N-69-20, Paragraph 3);
c. Paragraph 6· (which repealed and replaced N-71-20, Paragraph 20,
which extended N-52-20, Paragraph 2, and N-69-20, Paragraph 4);
and
d. Paragraph 7 (which repealed and replaced N-71-20, Paragraph 21,
which extended N-52-20, Paragraph 3, and N-69-20, Paragraph 5).
34) Executive Order N-84-20:
a. Paragraph l;
b. Paragraph 2;
c. Paragraph 3; and
d. Paragraph 5.
The following provisions shall remain in place and shall have full force and
effect through July 31, 2021, upon which time they will expire subject to
individual conditions described in the enumerated paragraphs below.
35) Executive Order N-39-20, Paragraph 8 (as extended by N-69-20,
Paragraph 2 and N-71-20, Paragraph 8).
36) Executive Order N-53-20, Paragraph 11 (as extended or modified by N-68-
20, Paragraph 15, and N-71-20, Paragraph 26).
37) Executive Order N-71-20, Paragraph 25.
38) Executive Order N-75-20:
a. Paragraph 5; and
b. Paragraph 6
The following provisions shall remain in place and shall have full force and
effect through September 30, 2021, upon which time they will expire subject to
individual conditions described in the enumerated paragraphs below.
39) State of Emergency Proclamation dated March 4, 2020:
a. Paragraph 3; and
b. Paragraph 14. Any facility operating under a waiver pursuant to this
provision may operate pursuant to such a waiver through the
expiration as set forth by the Department of Social Services, or
September 30, 2021 , whichever occurs first.
40) Executive Order N-25-20:
a. Paragraph 2;
b. Paragraph 3; and
c. Paragraph 4.
41) Executive Order N-28-20:
a. Paragraph 4; and
b. Paragraph 5.
Item 8.h. - Page 17
42) Executive Order N-29-20, Paragraph 3, is withdrawn and replaced by the
following text:
Notwithstanding any other provision of state or loca l lqw (including, but
not limited to, the Bagley-Keene Act or the Brown Act), and subject to
the notice and accessibility requirements set forth below, a local
legislative body or state body is authorized to hold public meetings via
teleconferencing and to make public meetings accessible
telephonically or otherwise electronically to all members of the public
seeking to observe and to address the local legislative body or state
body. All requirements in both the Bagley-Keene Act and the Brown
Act expressly or impliedly requiring the physical presence of members,
the clerk or other personnel of the body, or of the public as a condition
of participation in or quorum for a public meeting are hereby waived.
In particular, any otherwise-applicable requirements that
(i) state and local bodies notice each teleconference location
from which a member will be participating in a public
meeting;
(ii) each teleconference location be accessible to the public;
(iii) members of the public may address the body at each
teleconference conference location;
(iv) state and local bodies post agendas at a ll teleconference
locations;
(v) at least one member of the state body be physically present
at the location specified in the notice of the meeting; and
(vi) during teleconference meetings, a least a quorum of the
members of the local body participate from locations within
the boundaries of the territory over which the local body
exercises jurisdiction
are hereby suspended.
A local legislative body or state body that holds a meeting via
teleconferencing and allows members of the public to observe and
address the meeting telephonically or otherwise electronically,
consistent with the notice and accessibility requirements set forth
below, shall have satisfied any requirement that the body allow
members of the public to attend the meeting and offer public
comment. Such a body need not make available any physical
location from which members of the public may observe the meeting
and offer public comment.
Accessibility Requirements: If a local legislative body or state body
holds a meeting via teleconferencing and allows members of the
public to observe and address the meeting telephonically or otherwise
electronically, the body sha ll also:
Item 8.h. - Page 18
(i) Implement a procedure for receiving and swiftly resolving
requests for reasonable modification or accommodation
from individuals with disabilities, consistent with the Americans
with Disabilities Act and resolving any doubt whatsoever in
favor of accessibility; and
(ii) Advertise that procedure each time notice is given of the
means by which members of the public may observe the
meeting and offer public comment, pursuant to
subparagraph (ii) of the Notice Requirements below.
Notice Requirements: Except to the extent this Order expressly provides
otherwise, each local legislative body and state body shall:
(i) Give advance notice of the time of, and post the agenda
for, each public meeting according to the timeframes
otherwise prescribed by the Bagley-Keene Act or the Brown
Act, and using the means otherwise prescribed by the
Bagley-Keene Act or the Brown Act, as applicable; and
(ii) In each instance in which notice of the time of the meeting is
otherwise given or the agenda for the meeting is otherwise
posted, also give notice of the means by which members of
the public may observe the meeting and offer public
comment. As to any instance in which there is a change in
such means of public observation and comment, or any
instance prior to the issuance of this Order in which the time
of the meeting has been noticed or the agenda for the
meeting has been posted without also including notice of
such means, a body may satisfy this requirement by
advertising such means using "the most rapid means of
communication available at the time" within the meaning of
Government Code, section 54954, subdivision (e); this shall
include, but need not be limited to, posting such means on
the body's Internet website.
All of the foregoing provisions concerning the conduct of public
meetings shall apply through September 30, 2021.
43) Executive Order N-32-20:
a. Paragraph 1;
b. Paragraph 2; and
c. Paragraph 3.
44) Executive Order N-35-20:
a. Paragraph 2; and
b. Paragraph 12.
45) Executive Order N-39-20:
a. Paragraph 2;
b. Paragraph 3; and
c. Paragraph 6.
Item 8.h. - Page 19
46) Executive Order N-40-20:
a. Paragraph 12 (as extended or modified by N-66-20, paragraph 16,
N·-71-20, paragraph 14, and N-75-20, Paragraph 12). To the extent
the Director exercised their authority pursuant to this provision on or
before September 30, 2021, the extension shall rema in valid until the
effective expiration of the applicable waiver; and
b. Paragraph 18.
47) Executive Order N-42-20.
48) Executive Order N-43-20.
49) Executive Order N-49-20, Paragraph 2.
50) Executive Order N-54-20:
a. Paragraph 8 (as extended by N-80-20, Paragraph 6); and
b. Paragraph 9. To the extent any timeframe within which a California
Native American tribe must request consultation and the lead
agency must begin the consultation process relating to an
Environmental Impact Report, Negative Declaration, or Mitigated
Negative Declaration under the California Environmental Quality
Act extends beyond September 30, 2021, the tribe and lead
agency will receive the benefit of the extension so long as the
triggering event occurred on or before September 30, 2021.
5 l) Executive Order N-55-20:
a. Paragraph 2;
b. Paragraph 3;
c. Paragraph 7. All on-site licensing visits which would have been due
on or before September 30, 2021 shall occur before December 31,
2021;
d. Paragraph 11; and
e. Paragraph 12.
52) Executive Order N-56-20, Paragraph 10 is withdrawn and superseded by
the following text:
Paragraph 42 of this Order, including the conditions specified therein , sha ll
apply to meetings held pursuant to Article 3 of Chapter 2 of Part 21 of
Division 3 of Title 2 of the Education Code and Education Code section
47 604.1 (b).
53) Executive Order N-58-20 (as extended by N-71-20, Paragraph 29).
54) Executive Order N-59-20:
a. Paragraph l. The sworn statement or verba l attestation of
pregnancy must be submitted on or before September 30, 202 1
and medical verification of pregnancy must be submitted within 30
Item 8.h. - Page 20
working days following submittal of the sworn statement or verbal
attestation for benefits to continue;
b. Paragraph 2 (as extended and modified by N-69-20, Paragraph 14,
and N-71-20, Paragraph 31 );
c. Paragraph 3 (as extended and modified by N-69-20, Paragraph 15,
and N-71-20, Paragraph 32); and
d. Paragraph 4 (as extended and modified by N-69-20, Paragraph 16,
and N-71-20, Paragraph 33).
55) Executive Order N-63-20:
a. Paragraph 8(b). To the extent filing dead li nes for claims and liens fall
on or before September 30, 2021, absent the extension in the
aforementioned order, they sha ll remain subject to the extended
timeframe; and
b. Paragraph 11.
56) Executive Order N-66-20 , Paragraph 6.
57) Executive Order N-71-20:
a. Paragraph 15;
b. Paragraph 22; and
c. Paragraph 23.
58) Executive Order N-75-20:
a. Paragraph 1;
b. Paragraph 2; and
c. Paragraph 4.
59) Executive Order N-80-20:
a. Paragraph 3; and
b. Paragraph 7.
60) Executive Order N-83-20
a. Paragraph 2 is withdrawn and replaced by the following text:
The deadline to pay annual fees, including any installment
payments, currently due or that will become due during the
proclaimed emergency, as specified in Business and Professions
Code sections 19942, 19951, 19954, 19955, 19984, and any
accompanying regulations is September 30, 2021; the deadlines for
submission of any application or deposit fee, as specified in Business
and Professions Code sections 19951 (a), 19867, 19868, 19876, 19877,
19942, 19984, and any accompanying regulations is no later than
September 30, 2021, or per existing requirements, whichever date is
later.
b. Paragraph 4.
Item 8.h. - Page 21
61) Executive Order N-03-21, Paragraph 3, is withdrawn and replaced by the
following text:
As applied to commercia l evictions only, the timeframe for the protections
set forth in Paragraph 2 of Executive Order N-28-20 (and extended by
Paragraph 21 of Executive Order N-66-20, Paragraph 3 of Executive Order
N-71-20, and Paragraph 2 of Executive Order N-80-20) is extended through
September 30, 2021 .
IT IS FURTHER ORDERED that, as soon as hereafter possible, this Order be
filed in t he Office of the Secretary of State and that widespread publicity and
notice be given of this Order.
This Order is not intended to, and does not, create any rights or benefits,
substantive or procedural, enforceable at law or in equity, against the State of
California, its agencies, departments, entities, officers, employees, or any other
person.
IN WITNESS WHEREOF I have hereunto set
my hand and caused the Great Seal of the
State of California to be affixed this 11th
day of June 2021.
GAVIN NEWSOM
Governor of California
ATTEST:
SHIRLEY N. WEBER, PH.D.
Secretary of State
Item 8.h. - Page 22