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State of Emergency, Moratoriums, Price Gouging

With the daunting amount of news and information coming at you constantly it is impossible for any one person to keep up. Our team curates and alerts you to the "must have” information to ensure you are in the know. Having relevant, current information helps you to make the best decisions possible.

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  • Wednesday, August 18, 2021 3:51 PM | Ross Hutchings (Administrator)

    Governor Declares State of Emergency for Four Additional Counties 
     And
    AG Reminds of Price Gouging for New Counties Under State of Emergency

    On Tuesday, August 10, 2021 Governor Newsom declared a state of emergency for Trinity, Tehama, and Shasta Counties due to wildfires – see Gov_Newsom 8.10.21 News Release and on Tuesday, August 17, 2021 the Governor announces a state of emergency for El Dorado County due to Candor Fire - see Gov_Newsom 8.17.21 News Release.

    This brings the total number of counties under a State of Emergency to 11.

    In addition, AG Bonta Issued a Consumer Alert on Price Gouging for the three new counties (Trinity, Tehama, and Shasta) – see AG_Bonta 8.10.21 News Release and again on El Dorado County - see AG_Bonta 8.18.21 News Release.

    This too, brings the total number of counites where a Consumer Alert on Price Gouging has been issued to 11.

    Please refer to the Cal-OES Price Gouging Chart: https://www.caloes.ca.gov/cal-oes-divisions/legal-affairs/price-gouging

    In addition, wildfires and other States of Emergencies pose HR challenges – see Wildfires Pose HR Challenges

    CSSA does not provide legal advice – If you have further questions or concerns as to how these States of Emergency may affect you or your facility, we suggest you contact your legal counsel.  

    If you do not have legal counsel that is familiar with self storage issues, we suggest you contact one of the attorneys listed in CSSA’s Business Partner Directory: https://californiaselfstorage.org/Vendor-Directory


  • Friday, August 06, 2021 4:27 PM | Ross Hutchings (Administrator)

    Governor Declares State of Emergency for Three Additional Counties 
     And
    AG Reminds of Price Gouging for New Counties Under State of Emergency

    On Thursday, August 5, 2021 Governor Newsom declared a state of emergency for Siskiyou, Nevada, and Placer counties due to active wildfires – see Gov Newsom 8.5.21 News Release.

    This brings the total number of counties under a State of Emergency to seven, as previously on July 23, 2021, Governor Newsome declared a State of Emergency in Plumas, Butte, Lassen, and Alpine counties in the Gov Newsom 7.23.21 News Release.

    In addition, AG Bonta Issued a Consumer Alert on Price Gouging for the three new counties (Siskiyou, Nevada, Placer) – see AG Bonta 8.6.21 News Release.

    This too, brings the total number of counites where a Consumer Alert on Price Gouging has been issued to seven, following the Consumer Alert issued by AG Bonta 7.24.21 News Release.

    Please refer to the Cal-OES Price Gouging Chart: https://www.caloes.ca.gov/cal-oes-divisions/legal-affairs/price-gouging

    In addition, wildfires and other States of Emergencies pose HR challenges – see Wildfires Pose HR Challenges

    CSSA does not provide legal advice – If you have further questions or concerns as to how these States of Emergency may affect you or your facility, we suggest you contact your legal counsel.  

    If you do not have legal counsel that is familiar with self storage issues, we suggest you contact one of the attorneys listed in CSSA’s Business Partner Directory: https://californiaselfstorage.org/Vendor-Directory

    Pete Watson, esq.
    General Counsel
    Westport Properties
    CSSA Leg & Legal
    Committee Chair

    Jen Om, esq.
    General Counsel
    William Warren Group
    CSSA Leg & Legal
    Committee Vice Chair

    Ross Hutchings, CAE
    Executive Director
    CA Self Storage Association

    CSSA Office: 5325 Elkhorn Blvd., #283, Sacramento, CA 95842 | Phone: 888-277-2207

    info@californiaselfstorage.org
    Unsubscribe


  • Saturday, July 24, 2021 3:40 PM | Ross Hutchings (Administrator)

    Attorney General Bonta Issues Consumer Alert on Price Gouging Following State of Emergency Declarations in Plumas, Butte, Lassen, and Alpine Counties Due to Wildfires

    OAKLAND – California Attorney General Rob Bonta today issued a consumer alert following the Governor’s declaration of a state of emergency for Plumas County due to both the Dixie Fire and Fly Fire, Butte and Lassen counties due to the Dixie Fire, and Alpine County due to the Tamarack Fire. The fires collectively have destroyed homes, caused the evacuation of residents and damaged critical infrastructure. Attorney General Bonta reminds all Californians that price gouging during a state of emergency is illegal under Penal Code Section 396.

    “In just a week’s time, our state has been hit with a second wave of devastating wildfires. During this difficult time, California’s price gouging laws are in effect to protect families from being overcharged for essential supplies,” said Attorney General Bonta. “I encourage anyone who has been the victim of price gouging, or who has information regarding potential price gouging, to immediately file a complaint with our office online at oag.ca.gov/report, or to contact their local police department or sheriff’s office.”

    California law generally prohibits charging a price that exceeds, by more than 10 percent, the price of an item before a state or local declaration of emergency. This law applies to those who sell food, emergency supplies, medical supplies, building materials, and gasoline. The law also applies to repair or reconstruction services, emergency cleanup services, transportation, freight and storage services, hotel accommodations, and rental housing. Exceptions to this prohibition exist if, for example, the price of labor, goods, or materials has increased for the business.

    Violators of the price gouging statute are subject to criminal prosecution that can result in a one-year imprisonment in county jail and/or a fine of up to $10,000. Violators are also subject to civil enforcement actions including civil penalties of up to $2,500 per violation, injunctive relief, and mandatory restitution. The Attorney General and local district attorneys can enforce the statute.

    # # #

    You may view the full account of this posting, including possible attachments, in the News & Alerts section of our website at: https://oag.ca.gov/news/press-releases/attorney-general-bonta-issues-consumer-alert-price-gouging-following-state-0


  • Saturday, July 24, 2021 3:00 PM | Ross Hutchings (Administrator)

    FOR IMMEDIATE RELEASE:

    Contact: Governor's Press Office

    Friday, July 23, 2021

    (916) 445-4571

    Governor Newsom Proclaims State of Emergency in Plumas, Butte, Lassen and Alpine Counties Due to Fires

    SACRAMENTO – Governor Gavin Newsom today proclaimed a state of emergency for Plumas County due to the Dixie Fire and Fly Fire, Butte and Lassen counties due to the Dixie Fire, and Alpine County due to the Tamarack Fire. The fires collectively have destroyed homes, caused the evacuation of residents and damaged critical infrastructure, with the Dixie Fire alone having burned 142,940 acres.

    California previously secured Fire Management Assistance Grants from the Federal Emergency Management Agency to support the state’s response to the Dixie Fire and Lava Fire and Governor Newsom has issued an emergency proclamation for counties impacted by the Lava Fire and the Beckwourth Complex Fire. 

    Earlier this week, the Administration secured 12 additional firefighting aircraft, nine of which were immediately dispatched to combat new and emerging fires.

    The text of the proclamation can be found here.

     


  • Tuesday, June 15, 2021 4:41 PM | Ross Hutchings (Administrator)

    CEA Logo

    SPECIAL ALERT

    There has been a lot of confusion among employers regarding what is happening today, June 15, California's "re-opening" date. Here's what we now know. We are moving away from the colored tier systems regulating business activities, but we will remain in a State of Emergency. And, COVID-19 safety standards in the workplace, such as mask and social-distancing requirements will not be changing on June 15. We now have information that the mask requirements for fully vaccinated workers in the workplace may be changing as early as June 17, per an Executive Order by Governor Newsom! Read our blog to find out more.

    The Cal/OSHA Standards Board held an emergency meeting on June 9, and voted to withdraw recent amendments to the COVID-19 Emergency Temporary Standards (ETS), which would have eased some restrictions for fully vaccinated people in the workplace. The purpose of the emergency meeting was to consider face covering guidance from the California Department of Public Health (CDPH).

     

    What Does This Mean for Employers Now?

    Cal/OSHA's original ETS (that went into effect in November 2020) will remain in place until the Board takes further action. Employers need to continue to follow this more restrictive guidance, which requires everyone in the workplace to continue wearing masks and social distance, regardless of vaccination status.

    Continue reading on our blog...

    California Employers Association
    1451 River Park Drive, #116
    Sacramento, California 95815
    (800) 399-5331   employers.org

    CEA Logo




  • Tuesday, June 15, 2021 2:43 PM | Ross Hutchings (Administrator)

    MKA California Reopening Update 

    “Good morning California… It’s reopening day…”, Governor Gavin Newsom tweeted.

    After 15 long months, California is set to reopen its economy today and life is starting to return to normal.  This also means that most of the evolving restrictions related to the COVID-19 pandemic are set to be lifted.  Here is a quick overview of some additional information related to the state’s reopening we wanted to highlight.  

    On Tuesday, June 15th, Newsom traveled to Universal Studios in Los Angeles County as the state officially moves to reopen.  He noted that today marks the end of pandemic-era restrictions such as masks, social distancing, and capacity restrictions in most settings.  A factsheet from the Administration regarding the state’s reopening can be found here: https://www.gov.ca.gov/wp-content/uploads/2021/06/Beyond-the-Blueprint-Fact-Sheet.pdf.

    To “celebrate this momentous occasion”, Newsom alongside state elected officials also announced 10 lucky winners to receive $1.5 million each, for a total of $15 million, as part of the final cash prize drawing in the state’s $116.5 million Vax for the Win program.  According to the Governor’s office, “Since Vax for the Win launched, roughly 2 million vaccine doses have been reported, including over 838,000 Californians newly starting their vaccination process.”  The latest figures show that, in total, California has administered nearly 40 million vaccine doses and more than 70 percent of the adult population has received at least one dose.

    Also, yesterday, June 14th, Newsom announced an addition to the Vax for the Win program – California “Dream Vacation” packages. Specifically starting on July 1st, all Californians aged 18 and older who are at least partially vaccinated will have the chance to win in a randomized drawing for one of six different vacation packages to select California cities, including Anaheim, Greater Palm Springs, Los Angeles, San Diego and San Francisco.  Details on the Dream Vacations packages can be found at covid19.ca.gov/vax-for-the-win/.

    Also notable – on June 11th, Newsom took action to lift pandemic Executive Orders (EOs). That included terminating the Stay-at-Home Order that was implemented on March 19th, 2020 and retiring the color-coded county tier system known as the Blueprint for a Safer Economy. Specifically, as noted in a Governor’s office press release, “The Governor’s Office established a timeline and process to continue winding down the various provisions of the 58 COVID-related executive orders, which suspended statutes and regulations to help the state and businesses continue operations during the pandemic. To ensure that impacted individuals and entities have time to prepare for the changes, the provisions will sunset in phases, beginning later this month, in July and in September. For example, the suspension of certain licensing requirements for manufacturers to produce hand sanitizer will end on June 30, as shortages are no longer a concern. By the end of September, nearly 90 percent of the executive actions taken since March 2020 will have been lifted.”

    A copy of the order terminating the Stay-at-Home Order and the Blueprint for a Safer Economy can be found here. A copy of the order rolling back additional pandemic order provisions can be found here.

    Newsom however has previously noted he is not ready to lift the State of Emergency Order yet.  Specifically, he has said, “We’re still in a state of emergency. This disease has not been extinguished. It’s not vanished. It’s not taking the summer months off.”  As additional background, Newsom first declared a state of emergency on March 4, 2020. The declaration means California can be reimbursed from the federal government for many of its pandemic-related expenses.  It also affords Newsom additional- and broad- authority to temporarily impose new rules and restrictions to help the government act quickly in times of crisis.  Throughout the pandemic, Newsom exercised this power on numerous occasions. 

    In response to this news, on June 7th, Assemblymember Kevin Kiley (R-Rocklin), Assemblymember James Gallagher (R-Yuba City), and Senator Melissa Melendez (R-Lake Elsinore) sent a letter to Newsom requesting an explanation for his decision to extend the State of Emergency beyond June 15th.  Newsom has not specified when he would reconsider lifting the State of Emergency order but has noted that the state might need to reimpose restrictions if case rates rise as variants of the virus spread.  

    Also, the California Department of Public Health (CDPH) released a new State Public Health Officer Order that goes into effect on June 15th. The Order replaces the previous pandemic public health orders with limited requirements related to face coverings and mega events. This order can be found here: https://www.cdph.ca.gov/Programs/CID/DCDC/Pages/COVID-19/Order-of-the-State-Public-Health-Officer-Beyond-Blueprint.aspx.

    Specifically, please see updated Guidance for the Use of Face Coverings also issued by the CDPH here: https://www.cdph.ca.gov/Programs/CID/DCDC/Pages/COVID-19/guidance-for-face-coverings.aspx. The purpose of this guidance is to align with CDC recommendations and provide information about higher risk settings where masks are required or recommended to prevent transmission to persons with higher risk of infection (e.g., unvaccinated or immunocompromised persons), to persons with prolonged, cumulative exposures (e.g., workers), or to persons whose vaccination status is unknown.

    Notably, in workplaces, employers are subject to the Occupational Safety & Health Standards Board of California’s Division of Occupational Safety and Health (Cal/OSHA) COVID-19 Emergency Temporary Standards (ETS) which in part also address if and when employees are required to wear masks.  The ETS have been subject to a lot of discussion lately.  Recall, Cal/OSHA adopted its original standards in 2020 to “reduce employee exposure to the virus that causes COVID-19 and therefore reduce COVID-19 illness and transmission.” 

    Previous updates to the rules were intended to reflect the improving state of the pandemic.  However, those revisions were notably inconsistent with the Centers for Disease Control and Prevention (CDC) guidance and the Governor’s own directive to fully re-open California on June 15th. This being the case, on June 9, 2021, the Occupational Safety and Health Standards Board held a special meeting to hear from the California Department of Public Health on new face covering guidance. At that meeting, the Board decided to withdraw incompatible revisions to the ETS. The board the posted new revisions on June 11th that incorporate the latest public health guidance, allowing vaccinated workers to not wear face coverings generally. For unvaccinated workers, face coverings will still be required indoors or when in vehicles, with limited exceptions. These revisions will be considered at the board’s regular meeting on Thursday, June 17th. In the meantime, the original rules adopted in November of 2020 remain in effect. 

    However, in welcomed news to employers, Newsom has said he will issue an Executive Order to immediately drop the state's mask mandate for vaccinated workers if the Board adopts the proposal, as expected, on Thursday.  Normally, these types of rules would need to undergo a review process prior to taking effect.  The soonest the new rules could go into effect would have been June 28th, so the Governor’s commitment helps clarify any ambiguity.

    Also this week, in terms of the Legislative announcements – the California State Capitol building reopened in a limited capacity.  The building has largely been closed to the public, with small exceptions, throughout the pandemic beginning in March 2020. Specifically, on June 11th, Senate President pro Tempore Toni G. Atkins (D-San Diego) and Speaker Anthony Rendon (D-Lakewood), released the following statement on expanding Capitol building access beginning June 15th:

    Attached please find a Senate Memo with additional information detailing the updated COVID-19 Protocols: Post June 15, 2021.  Among other things the memo notes that Senators who wish to take in-person meetings (drop-in or scheduled) in their Capitol or district office may do as of June 15th.

    Also, members of the public will continue to be required to:

    • Clear a COVID-19 screening, including a temperature check.
    • Wear a mask at all times while in the Capitol building. Masks will be provided at the Security pavilion to anyone who needs one.
    • Adhere to social distancing.
    • Remain orderly and refrain from disruptive behavior

    Thanks,

     Naomi

    McHugh Koepke & Associates

    1121 L Street, Suite 103

    Sacramento, CA  95814

    626-827-1276 -- Cell


  • Monday, June 14, 2021 3:49 PM | Ross Hutchings (Administrator)

    FOR IMMEDIATE RELEASE:

    Contact: Governor's Press Office

    Friday, June 11, 2021

    (916) 445-4571

    As California Fully Reopens, Governor Newsom Announces Plans to Lift Pandemic Executive Orders

    Governor to lift Stay-at-Home Order and retire county tier system on June 15 as the state fully reopens

    SACRAMENTO – Governor Gavin Newsom today took action to lift pandemic executive orders as the state moves Beyond the Blueprint next week to fully, safely reopen. That includes terminating the Stay-at-Home Order that was implemented early in the pandemic to protect Californians and retiring the Blueprint for a Safer Economy. Effective June 15, restrictions such as physical distancing, capacity limits and the county tier system will end.

    The Governor is also continuing the wind down of executive actions put in place since March 2020 to help facilitate a coordinated response to the pandemic and ensure the state could quickly and efficiently respond to the impacts of the pandemic. A subset of provisions that facilitate the ongoing recovery – such as the provision allowing pharmacy technicians to administer vaccinations as the state continues to vaccinate millions of eligible Californians every week – will remain in place. 

    “California is turning the page on this pandemic, thanks to swift action by the state and the work of Californians who followed public health guidelines and got vaccinated to protect themselves and their communities,” said Governor Newsom. “With nearly 40 million vaccines administered and among the lowest case rates in the nation, we are lifting the orders that impact Californians on a day-to-day basis while remaining vigilant to protect public health and safety as the pandemic persists.”

    The state’s decisive and early action through the Stay-at-Home Order directing Californians to limit their interactions with people from other households and the Blueprint criteria guiding the tightening and loosening of allowable activities based on the level of community transmission helped slow the spread of the virus, saving lives and protecting the state’s health care delivery system from being overwhelmed. With nearly 40 million vaccines administered and among the lowest case rates in the country, California is entering a new phase, lifting these restrictions to fully reopen on June 15.

    The Governor’s Office today established a timeline and process to continue winding down the various provisions of the 58 COVID-related executive orders, which suspended statutes and regulations to help the state and businesses continue operations during the pandemic. To ensure that impacted individuals and entities have time to prepare for the changes, the provisions will sunset in phases, beginning later this month, in July and in September. For example, the suspension of certain licensing requirements for manufacturers to produce hand sanitizer will end on June 30, as shortages are no longer a concern. By the end of September, nearly 90 percent of the executive actions taken since March 2020 will have been lifted.

    Today the California Department of Public Health released a new state public health officer order that goes into effect on June 15. The order replaces the previous pandemic public health orders with limited requirements related to face coverings and mega events, as well as settings with children and youth pending an expected update later this month to the K-12 school guidance issued by the Centers for Disease Control and Prevention. The action supports the full and safe reopening of the state, while maintaining focused public health requirements that address the risk posed by variants as some regions across the nation and world continue to experience high levels of transmission.

    A copy of the order terminating the Stay-at-Home Order and the Blueprint for a Safer Economy can be found here. A copy of the order rolling back additional pandemic order provisions can be found here. 

    ###

    Governor Gavin Newsom
    State Capitol Building
    Sacramento, CA 95814


  • Monday, June 14, 2021 1:50 PM | Ross Hutchings (Administrator)

    Below is the latest re: COVID-19 Prevention Emergency Temporary Standards, mask rules:

    Readoption Documents (June 17, 2021) from DIR’s website:

     

     

     

     

    California officials propose dropping mask mandate for vaccinated workers

    By Alexander Nieves | 06/11/2021 08:45 PM EDT

    Postal workers wear masks and gloves as they sort mail at the United States Postal Service processing and distribution center on Thursday, April 30, 2020, in Oakland, Calif. | Ben Margot/AP Photo

    California’s workplace safety agency released proposed changes Friday to its emergency Covid-19 rules that would allow vaccinated employees to be unmasked in most situations.

    If adopted, the new standards would align masking requirements at work with guidance from the Centers for Disease Control and Prevention, which recommends masks for vaccinated residents in only a handful of indoor settings including airports, hospitals and nursing homes.

    Unvaccinated employees would still be required to wear face coverings while indoors, though it is unclear what sort of verification workers will need to provide employers to prove their vaccination status.

    Physical distancing requirements would also be eliminated, except for unvaccinated employees during major outbreaks. Vaccinated workers would not need to be tested after Covid-19 exposure unless they develop symptoms.

    The California Department of Public Health moved earlier this week to adopt the CDC guidelines for the general public, beginning June 15. Private businesses would still have the authority to require any customer to wear a mask, but only those who are unvaccinated would face a blanket mandate in all indoor settings. Proof of vaccination for non-employees entering businesses will largely rely on the honor system, according to California Public Health Officer Tomás Aragón.

    Background: The hurriedly crafted revisions come after Cal/OSHA and its independent standards board were roundly criticized last week for adopting workplace standards that would have relaxed safety measures but not completely dropped the indoor mask mandate for vaccinated workers.

    That plan, which was rescinded by the board Wednesday night , would have required inoculated employees to wear face coverings while indoors if any other workers are unvaccinated or have Covid-19 symptoms.

    Industry groups had for weeks bashed that proposal, which was originally released last month — saying that it was out-of-line with federal guidelines and would likely put businesses at odds with the rest of the state as California moved toward an anticipated lifting of mask mandates.

    Gov. Gavin Newsom and state health officials stopped short of openly criticizing the board’s previous proposal but issued statements reiterating findings from the CDC that vaccinated people don’t need to wear masks in most situations.

    Newsom publicly addressed the issue Friday after staying relatively quiet on the topic over the last week, saying that he was “encouraged” by the board’s decision to reverse the June 3 vote.

    “I was very pleased to see them rescind earlier in this week their previous vote,” he said. “We'll get where we need to go, and I have all the confidence in the world that we'll get there next week.”

    New timeline: The Cal/OSHA standards board will vote on the new proposal at its June 17 meeting. From there, it will head to the Office of Administrative Law, which has 10 days to approve or reject it. If the revisions follow the standard process, vaccinated employees would likely be able to ditch their masks on June 28.

    Newsom hinted Friday, however, that he is considering taking action to shorten the 10-day review period. It is unclear what the process would look like, though the governor can use executive authority when dealing with emergency workplace rules.

    What’s next: The new proposal didn’t address several policy concerns from labor and industry that will likely take longer to work out.

    Among those issues is a requirement that employers maintain supplies of N95 respirator masks for unvaccinated employees who request them.

    Industry raised objections to the proposed N95 mask rules, calling them an unnecessary and expensive burden. On the other side, worker advocacy groups have criticized the move to do away with social distancing and physical partitions, arguing that those are more effective tools to protect unvaccinated employees.

    Labor and industry have also asked for more clarity on what kind of vaccination proof is sufficient in workplaces.

    Revisions to those issues could be voted on in July or August, based on estimates offered by the board's executive officer, Christina Shupe, during the June 3 meeting.

    View this article online.

     


  • Friday, May 21, 2021 9:26 AM | Ross Hutchings (Administrator)

    On May 21, 2021 Governor Newsom narrowed the pricing restrictions in place from the 2020 wildfires. Below is a list of counties split into three categories based on the status of pricing restrictions applicable to storage services provided in those counties.

    Restrictions end on May 22: Del Norte, Glenn, Humboldt, Lake, Madera, Mariposa, Mono, Nevada, Plumas, San Bernardino, San Diego, San Mateo, Santa Clara, Sierra, Tehama, Tuolumne, Yolo, Yuba.

    Restrictions extended until at least September 22: Fresno, Lassen, Monterey, Santa Cruz, Shasta, Siskiyou, Solano, Trinity, Tulare.

    Restrictions in place until at least December 31, per previous orders dating back to 2017-19 wildfires: Butte, Los Angeles, Mendocino, Napa, Sonoma, Ventura.

    These three lists include a total of 33 counties. The remaining 25 counties in the state do not currently have any pricing restrictions applicable to storage services.

    Submitted by 

    Joe Doherty

    SSA SVP, Chief Legal & Legislative Officer

    (703) 575-8000 x.123


  • Thursday, May 20, 2021 3:57 PM | Ross Hutchings (Administrator)


    FOR IMMEDIATE RELEASE:

    Contact: Governor's Press Office

    Thursday, May 20, 2021

    (916) 445-4571

    Governor Newsom Issues Executive Order to Support Communities Recovering from Wildfires

    SACRAMENTO – Governor Gavin Newsom today issued an executive order to assist communities recovering from devastating wildfires last year.

    The order extends the state’s prohibition on price gouging for the following counties impacted by wildfires in August and September 2020: Butte, Napa, Santa Cruz, Sonoma, Fresno, Lassen, Mendocino, Monterey, Shasta, Siskiyou, Solano, Trinity and Tulare.

    The text of today’s executive order can be found here

    ###

    Governor Gavin Newsom
    State Capitol Building
    Sacramento, CA 95814


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