AB1835 - State of emergency: Governor’s powers and termination.

CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION Assembly Bill No. 1835 Introduced by Assembly Member Gallagher (Coauthors: Assembly Members Alanis, Jeff Gonzalez, Johnson, Macedo, Ta, and Wallis) (Coauthors: Senators Grove and Seyarto) February 11, 2026 An act to amend Sections 8627 and 8629 of the Government Code, relating to state of emergency. LEGISLATIVE COUNSEL'S DIGEST AB 1835, as introduced, Gallagher. State of emergency: Governor’s powers and termination. Existing law, the California Emergency Services Act (CESA), among other things, authorizes the Governor to proclaim a state of emergency in an area affected by or likely to be affected thereby, if specified conditions exist and either specified local officials request the Governor to make that proclamation, or the Governor determines that local authority is inadequate to cope with, the emergency. During a state of emergency, existing law confers on the Governor, to the extent the Governor deems necessary, complete authority over all agencies of the state government and the right to exercise within the area designated all police power vested in the state by the Constitution and laws of the state to effectuate the purposes of the CESA. This bill, instead, would authorize the Governor to exercise within the area designated all executive power vested in the state by the Constitution and laws of the state to effectuate the purposes of the CESA. Existing law requires the Governor to proclaim the termination of a state emergency at the earliest possible date that conditions warrant. Existing law requires all of the powers granted to the Governor by the CESA with respect to a state of emergency to terminate when the state of emergency has been terminated by proclamation of the Governor or by concurrent resolution of the Legislature declaring it at an end. This bill would require a state of emergency that has not been terminated by the Governor to automatically terminate 90 days after the Governor’s proclamation unless the Legislature extends it by a concurrent resolution, as specified. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill Text The people of the State of California do enact as follows: SECTION 1. Section 8627 of the Government Code is amended to read: 8627. During a state of emergency the Governor shall, to the extent he the Governor deems necessary, have complete authority over all agencies of the state government and the right to exercise within the area designated all police executive power vested in the state by the Constitution and laws of the State of California in order to effectuate the purposes of this chapter. In exercise thereof, he the Governor shall promulgate, issue, and enforce such all orders and regulations as he the Governor deems necessary, in accordance with the provisions of Section 8567. SEC. 2. Section 8629 of the Government Code is amended to read: 8629. (a) The Governor shall proclaim the termination of a state of emergency at the earliest possible date that conditions warrant. All (b) (1) A state of emergency that has not been terminated by the Governor shall automatically terminate 90 days after the Governor’s proclamation pursuant to Section 8625 unless the Legislature extends it by a concurrent resolution. (2) The Legislature may, by a concurrent resolution, extend a state of emergency before its termination pursuant to paragraph (1) or pursuant to a previous concurrent resolution. (c) All of the powers granted the Governor by this chapter with respect to a state of emergency shall terminate when the either of the following occur: (1) The state of emergency has been terminated terminates by proclamation of the Governor or by concurrent resolution of the Legislature declaring it at an end. (2) The state of emergency terminates pursuant to subdivision (b).