Home California Governor Newsom Declares State of Emergency to Help State Prepare for Broader Spread of COVID-19

Governor Newsom Declares State of Emergency to Help State Prepare for Broader Spread of COVID-19

by ECT

Emergency proclamation builds on work already underway across state government to protect public health and safety

Proclamation includes increased protections against price gouging, offers more assistance to local governments and allows health care workers to come from out of state

All levels of state government are being deployed to tackle this evolving situation

SACRAMENTO – As part of the state’s response to address the global COVID-19 outbreak, Governor Gavin Newsom today declared a State of Emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the state prepare for broader spread of COVID-19. The proclamation comes as the number of positive California cases rises and following one official COVID-19 death.

Today’s proclamation builds on work already underway by the California Department of Public Health, California Health and Human Services Agency, Governor’s Office of Emergency Services and other agencies which have been on the front lines of the state’s response to COVID-19 since January.

“The State of California is deploying every level of government to help identify cases and slow the spread of this coronavirus,” said Governor Newsom. “This emergency proclamation will help the state further prepare our communities and our health care system in the event it spreads more broadly.”

The emergency proclamation includes provisions that protect consumers against price gouging, allow for health care workers to come from out of state to assist at health care facilities, and give health care facilities the flexibility to plan and adapt to accommodate incoming patients.

Yesterday, Governor Newsom announced the release of millions of N95 masks to address shortages caused by COVID-19. Today’s action also follows the announcement earlier this week that the state has secured the capacity to test thousands of specimens from the federal Centers for Disease Control and Prevention to expedite testing.

For the latest on the state’s COVID-19 preparedness and response, visit cdph.ca.gov.

A copy of today’s emergency proclamation can be found here.


Meanwhile in Alameda County:

DISTRICT ATTORNEY O’MALLEY WARNS AGAINST PRICE GOUGING DURING STATE OF EMERGENCY

DA Nancy O’Malley today issued a stark warning to all Alameda County merchants that her office will be vigilant in investigating and prosecuting cases of price gouging while Alameda County is under a State of Emergency due to the novel Coronavirus. She also encouraged Alameda County residents to report any instances price gouging when shopping for consumer goods or medical supplies.  Price gouging refers to sellers trying to take unfair advantage of consumers during an emergency or disaster by greatly increasing prices for essential consumer goods and services.

“The law prevents businesses from profiteering when we are in a state of emergency.  All residents of Alameda County must continue to have access to necessary supplies, especially when the community’s health is at stake. My office will ensure that businesses adhere to the law and do not exploit consumers that are trying to protect themselves and their families,” said District Attorney O’Malley.

California’s anti-price gouging statute, Penal Code Section 396, prohibits raising the price of many consumer goods and services by more than 10% after an emergency has been declared.  Both Governor Gavin Newsom and the Alameda County Public Health Department have declared a state of emergency because of the spread of COVID-19.

The price gouging law applies to any person or business selling goods or services including consumer goods, food and drink items, emergency supplies, medical supplies, storage, emergency cleanup materials. The Governor’s Proclamation of a State of Emergency explicitly states that price gouging protections will remain in effect through September 4, 2020.

Violations of the price gouging statute are subject to criminal prosecution that can result in 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 $5,000 per violation, injunctive relief, and mandatory restitution.

The Alameda County District Attorney’s Office is committed to protecting consumers during this emergency.  The office will investigate and can prosecute individuals or businesses who have engaged in illegal price gouging. Anyone who has been the victim of price gouging, or who has information regarding potential price gouging, is encouraged to immediately file a complaint with the District Attorney’s Office by going to our website (https://www.alcoda.org/cewpd/) or by calling (510) 383-8600. For more information on price gouging, please see the Attorney General’s website (https://oag.ca.gov/consumers/pricegougingduringdisasters)

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