HomeMy WebLinkAbout11 Attachment 1 - 3.17.20-N-29-20-EOEXECUTIVE DEPARTMENT
STATE OF CALIFORNIA
EXECUTIVE ORDER N-29-20
WHEREAS on March 4, 2020, I proclaimed a State of Eme rgency t o exist in
California as a result of the threat of COVID-19; and
WHEREAS despite sustained efforts, the virus continues to spread and is
impacting nearly all sectors of California; and
WHEREAS the threat of COVID-19 has resulted in serious and ongoing
economic harms, in particular to some of the most vu lnerable Californians; and
WHEREAS time bound eligibility redeterminations are required for Medi
cal, CalFresh, CalWORKs, Cash Assistance Program for Immigrants, California
Food Assistance Program, and In Home Supportive Services beneficia rie s to
continue their benefits, in accordance with processes es tablished by th e
Department of Social Services, the Department of Health Care Services, and the
Federal Government; and
WHEREAS social distancing recommendations or Orders as well as a
statewide imperative for c ritical employees to focus on health needs may
prevent Medi-Cal, CalFresh, CalWORKs, Cash Assistance Program for
Immigrants, California Food Assistance Program, and In Home Supportive
Services beneficiaries from obtaining in-person eligibility redeterminations; and
WHEREAS under the provisions of Government Code section 8571, I find
that strict compliance w ith various statutes and regulations specified in this order
would prevent, hinder, or delay appropriate actions to prevent and mitigate the
effects of the COVID-19 pandemic.
NOW, THEREFORE, I, GAVIN NEWSOM, Governor o f 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 and 8571, do hereby issu e the following order t o become effect ive
immediately:
IT IS HEREBY ORDERED THAT:
1. As to individuals currently eligible for benefit s under Medi-Cal, CalFresh ,
CalWORKs, the Cash Assistance Program for Immigrants, the California
Food Assistance Program , or In Home Supportive Services bene fits , and
to the extent necessary to allow such individu als to maintain eligibility
for such benefits, any state law, including but not limited to California
Code of Regulations, Titl e 22 , section 50189(a) and Welfare and
Institutions Code sections 18940 and 11265, that would req uire
redetermination of such benefits is suspended for a period of 90 days
from the date of this Order. Thi s Orde r shall be construed to be
consisten t with applicable federal laws , including but not limite d to
Code of Federal Regulations, Title 42, section 435.912, subdivis ion (e),
as interpreted by the Centers for Medicare and Medicaid Services (in
guidan ce iss ued on January 30, 2018) to permit the extension of
otherwise-applicable Medicaid time lim its in emergency situations.
2. Through June 17, 2020, any month or partial month in which California
Work Opportunity and Responsibility to Kids (CalWORKs) a id or services
are received pursuant to Welfare and Institutions Code Section 11200
et seq. sha ll not be counted for purposes of t he 48-month time lim it set
forth in Welfare an In stitutions Code Section 11454. Any waiver of this
time limit shall not be applied if it will exceed the federal time li m its set
forth in Code of Federal Regulations, Tit le 45, section 264 . l .
3. Paragraph 11 of Executive Order N-25-20 (March 12, 2020) is withdrawn
and superseded by the following text:
Notwithstanding any other provision of state or local law (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 e lectronica ll y 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 cond iti on
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 publi c
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 prese nt
at the location specified in the notice of the meeting; and
(vi) during t e leconference mee tings , a least a quorum of t he
members of the local body participate from locations w ithin
the boundaries of the territory over which the loca l body
exercises jurisdiction
are hereby suspended.
A local legislative body or state body that holds a meeting via
t e leconferencing and allows members of t he public to observe and
address the meeting te lep honica ll y or otherwise e lectronically,
consistent with the notice and accessibility requirements set forth
below, shall have satisfied any requirement that the body a ll ow
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 shall also:
(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 t o
subparagraph (ii) of the Notice Requ irements 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 tim e frames
otherwise prescribed by the Bagley-Keene Act or t he 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
comme nt. 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 th e
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" wi t hin the meaning of
Government Code, section 5 4954, 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 only during the peri o d in which state or local
public health officials have imposed or recommended social
distancing m e asures.
All state and local bodies are urged to use sound discretion and
to make reasonable efforts to adhere as closely as reasonably possible
to the provisions of the Bagley-Keene Act and the Brown Act, and
other applicable local laws regulating the conduct of public
meetings, in order to maximize transparency and p rovide the public
access to their meetings.
IT IS FURTHER ORDERED that as soon as hereafter possible, this Order be
filed in the Office of the Secretary of State and that w idespread publicity and
notice be given of this Order.
This Order is not intended to , and does not, create any rights or benefits,
substantive or procedura l, enforceable at law or in equity, against t he 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 St ate of
California to be affixed this l 7th day
of Marc 2020.
ATTEST:
ALEX PADILLA
Secretary of State