BREAKING NEWS: State Of Emergency DECLARED In California

Amid Extreme Heat Wave Stressing Energy Grids Across Western U.S., Governor Newsom Acts to Increase Energy Capacity

SACRAMENTO – Amid a major heat wave that is stressing energy grids in states across the western United States, Governor Gavin Newsom today signed an emergency proclamation to free up additional energy capacity. In preparation for the extreme temperatures, California energy agencies are calling on individuals and businesses to “flex their power” by reducing energy use in the evenings, through Friday.

The proclamation suspends certain permitting requirements, allowing the use of back-up power generation and freeing up additional energy capacity to help alleviate the heat-induced demands on the state’s energy grid.

For the next several days, much of the West and Southwest are expected to see triple-digit heat, making it imperative that individuals take precautions to stay safe from the heat and do what they can to conserve energy.

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Since last summer, the state’s energy agencies have taken swift action to ensure grid reliability – both this summer and into the future – to build the state’s climate resilience. This includes requiring utilities to procure additional energy resources to meet forecasted demand during extreme weather, bringing on additional storage and launching the revamped “Flex Your Power” campaign to help California conserve energy.

The text of the proclamation can be found here.

PROCLAMATION OF A STATE OF EMERGENCY
WHEREAS beginning on June 16, 2021 , a significant heat wave struck
California, bringing widespread near-record temperatures well in excess
of 100 degrees throughout the State (the “Extreme Heat Event”); and

WHEREAS as a result of this Extreme Heat Event, the National
Weather Service issued an Excessive Heat Warning within the State; and

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WHEREAS the Extreme Heat Event has and will continue to put
significant demand and strain on California’s energy grid; and

WHEREAS on June 16, 2021, the California Independent System
Operator (CAISO) issued a Flex Alert, calling for voluntary electricity
conservation from 5:00 PM to 10:00 PM on June 17, 2021 to mitigate
impact to energy supplies during this Extreme Heat Event; and

WHEREAS the Extreme Heat Event is expected to last through at
least June 19, 2021; and

WHEREAS it is necessary to take action to reduce the strain on the
energy infrastructure and increase energy capacity during the Extreme
Heat Event; and

WHEREAS it is critical that power plants in the State generate as
much power as possible to satisfy the increased demand created by the
Extreme Heat Event; and

WHEREAS under the provisions of Government Code section 8558,
subd. (b), I find that conditions of extreme peril to the safety of persons
and property exist due to the Extreme Heat Event throughout California;
and

WHEREAS .under the provisions of Government Code section 8625,
subd. (c), I find that local authority is inadequate to cope with the
magnitude and impacts of the Extreme Heat Event; 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 prevent, hinder, or delay appropriate actions to
prevent and mitigate the effects of the Extreme Heat Event.

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, including the California Emergency Services
Act, and in particular, Government Code sections 8567, 8571, 8625, and
8627, HEREBY PROCLAIM A STATE OF EMERGENCY to exist in California.

IT IS HEREBY ORDERED THAT:

l. In preparing for and responding to the Extreme Heat Event, all
agencies of state government use and employ state personnel,
equipment, and facilities or perform any and all activities
consistent with the direction of the Governor’s Office of
Emergency Services and the State Emergency Plan. Also, all
residents are to obey the direction of emergency officials with
regard to this emergency in order to protect their safety.

2. For purposes of regulations concerning stationary generators,
use of stationary generators during the Extreme Heat Event shall
be deemed an “emergency use” under California Code of
Regulations (CCR), title 17, section 93115.4, subd. (a}(30}(A}(2).

3. For purposes of regulations concerning portable generators, the
Extreme Heat Event shall be deemed an “emergency event”
under CCR, title 17, section 93116.1, subd. (b}( 14), and a loss of
electrical service shall be deemed “beyond the reasonable
control of the owner or operator” under CCR, title 17, section
93116.2, subd. ( a}( 12}(A)(2). In addition, the Extreme Heat Event
shall be deemed an 11 emergency event” under CCR, title 13,
section 2452, subd. (j), and interruptions caused by the Extreme
Heat Event shall be deemed an 11 unforeseen interruption of
electrical power from the serving utility” under CCR, title 13,
section 2453, subd. (m)(4)(E)( 1).

4. In regulations concerning the use of auxiliary engines by oceangoing vessels berthed in California ports, the Extreme Heat Event
shall be deemed an “emergency event” under CCR, title 17,
section 93118.3, subd. ( c)( 14).

5. This Order shall be deemed to provide notice to reduce use of
grid-based electrical power under CCR, title 17, section 93118.3,
subd. (c)( 14)(C), and notice under that same section that
reduction is no longer necessary at 11 :59 p.m. on June 19, 2021.
Ships that are berthed at California ports between June 16, 2021
and June 19, 2021 shall not be required to use shore power until
after 11 :59 pm on June 22, 2021.

6. A ship operating on auxiliary engines pursuant to an
“emergency event” under Paragraph 4 of this Order shall be
deemed to qualify for an exemption under CCR, title 17, section
93118.3, subd. (d)( 1 )(E)( 1 )(a), and any visit occurring during the
period described in Paragraph 5 of this Order shall be counted
towards compliance under CCR, title 17, section 93118.3, subd.
(d)(l)(F)(l).

7. The Air Resources Board shall exercise maximum discretion to
permit the use of stationary and portable generators or auxiliary
ship engines to reduce the strain on the energy infrastructure
and increase energy capacity during the Extreme Heat Event.

8. The provisions of Water Code section 13385, subd. (i) (1) (A) as
they pertain to daily average and instantaneous temperature
limitations in waste discharge requirements for thermal power
plants are suspended for any thermal power plant that maintains
operations to abate the effects of the Extreme Heat Event. Any
exceedance of the daily average or instantaneous temperature
limitations resulting from maintaining operations during this time
shall not constitute a violation for purposes of calculating
mandatory minimum penalties under Water Code section 13385,
subd. (i).

9. Permitting requirements or conditions of certification adopted by
the Energy Commission pursuant to Public Resources Code,
sections 25216.5, subd. (a) and 25500 et seq., as well as related
permitting requirements adopted by local air quality
management districts, that restrict the amount of power that a
facility may generate, restrict the amount of fuel that a facility
may use, or impose air quality requirements that prevent the
facility from generating additional power during peak demand
hours, from 3:00 p.m. to 10:00 p.m. or as otherwise needed to
respond to the Extreme Heat Event, are suspended.

10. Any facility that operates in violation of permitting requirements
or conditions of a certificate suspended by Paragraph 9 shall:
(i) notify the relevant local air quality management district,
the Energy Commission, and the Air Resources Board of its
actions within 48 hours; and
(ii) report additional fuel use, additional hours of operation,
and energy produced by that additional use and
operation to the relevant local air quality management
district, the Energy Commission, and the Air Resources
Board within 30 days of this Order.

11 . Any permit, regulation or law prohibiting, restricting or penalizing
the use of stationary or portable generators or auxiliary ship
engines or other conduct allowed by this Order during the
Extreme Heat Event is suspended.

12. The provisions in Paragraphs 2-9 of this Order shall expire at 11 :59
p.m. on June 19, 2021, with the exception that, as provided in
Paragraph 5, ships that are berthed at California ports between
June 16, 2021 and June 19, 2021 shall not be required to use
shore power until after 11 :59 pm on June 22, 2021 .

I FURTHER DIRECT that as soon as hereafter possible, this
proclamation be filed in the Office of the Secretary of State and that
widespread publicity and notice be given of this proclamation.

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As much as I am ashamed to admit it, I live in California and trust me- IT’S HOT AS HELL!

THANK GOD FOR MY AIR CONDITIONING, MY SWIMMING POOL AND MY ICE COLD BEERS! 😁

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