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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