Recovery

Recovery
Share This Page

​Recovery Section

​The California Governor's Office of Emergency Services (Cal OES) responds to and aids in the recovery from emergencies within the State of California under the authorities of the California Emergency Services Act (ESA), the California Disaster Assistance Act (CDAA), the federal Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act), and other legislation.

Within Cal OES, the Recovery Section is responsible for managing disaster recovery and providing assistance to local governments, special districts, certain nonprofit organizations, individuals, businesses and agricultural communities impacted by disasters. The Recovery Section ensures state and federal support are provided in an efficient and timely manner throughout the recovery process. The Recovery Section acts as the grantee for federally funded disaster assistance programs, as grantor for the state CDAA program, and coordinates recovery assistance for individuals, businesses, and the agricultural community. The Recovery Section provides technical support to reduce the costs and streamline the process of future recovery efforts. Additionally, the Recovery Section ensures proposed recovery projects are reviewed for environmental concerns and historical preservation activities are considered.

In support of these responsibilities, the Recovery Section performs extensive liaison activities with local, state and federal agencies, legislators, various volunteer and nonprofit organizations, as well as the general public. The Recovery Section emphasizes recovery preparedness through the coordination of recovery planning efforts, the development of recovery training programs, and the involvement in emergency management exercises and drills.​

​Tree Mortality Event CDAA-2015-05

On October 30, 2015, Governor Brown proclaimed a State of Emergency and included  provisions to expedite the removal of dead and dying hazardous trees. California Disaster Assistance Act (CDAA) reimbursement may be available for costs related to the identification, removal and disposal of dead and dying trees constituting a threat of falling on public right-of-way and public infrastructure caused from drought conditions. Please visit the Tree Mortality Task Force page for additional information. You may also review the attached Fact Sheet for Frequently Asked Questions.

 

​Tree Mortality FAQ

 

 

Is the suspension of CEQA by the Governor in this CDAA program a state-wide or project specific suspension?Is the suspension of CEQA by the Governor in this CDAA program a state-wide or project specific suspension?<p>​Enclosed herewith is the Proclamation of a State of Emergency regarding tree mortality. CEQA is encoded in Sections 21000 et seq. of the Public Resources Code. The scope and applicability of the suspension of Division 13 (commencing with section 21000) of the Public Resources Code and regulations adopted pursuant to that Division are expressly set forth the Proclamation.</p>
Why does Cal OES not have a sunset clause or termination date in the permit?Why does Cal OES not have a sunset clause or termination date in the permit?<p>​The right of entry permit is for a specific purpose and therefore the permit is valid until the purpose is achieved. For purposes of the debris removal program, pursuant to 19 CCR section 2925, the removal of debris from private property occurs when there is an immediate threat to public health and safety. Further, debris removal is considered necessary when removal will: “(1) eliminate immediate threats to life, public health, and safety; (2) eliminate immediate threats of significant damage to improved public or private property; or, (3) be necessary for the permanent repair, restoration, or reconstruction of damaged public facilities.” (19 CCR § 2925 (b)). Accordingly, the time frame for the permit is based upon the fulfillment of the purpose for which the permit was granted.</p>
Why does Cal OES not make clear the significant risk property owners take assuming potential liability and waiving rights to file a claim when they sign the right of entry permit?Why does Cal OES not make clear the significant risk property owners take assuming potential liability and waiving rights to file a claim when they sign the right of entry permit?<p>​<br>Generally speaking, the Right of Entry permit for the tree mortality program is a contract between a property owner and the County. One of the terms in the contract is a hold harmless provision which is required by state law. Specifically, Government Code section 8682.6, requires that whenever a local agency is utilizing California Disaster Assistance Act funds to do a project, the local agency is required to hold the state harmless from damages due to the work for which the funds are allocated. As a result, Cal OES requires that the local agencies sign agreements holding the state and everyone working on behalf of the state - harmless. <br>Additionally, pursuant to 19 C.C.R. section 2925(a)(2)(C) to be eligible for California Disaster Assistance Act funds for debris removal activities: the local agency must have a signed statement from the property owner giving the local agency the right of entry and absolving the local agency and the state of any liability relative to removal.<br>If the property owner signed agreements excluding the contractors and the counties’ agents from the hold harmless provision it would not be an effective hold harmless provision in that it would not absolve the state and the local agency from any liability relative to the removal. <br>Ultimately, if the property owner desires to seek legal advice regarding the permit, the property owner is within his or her right to do so. If the terms are not palatable to the property owner, the property owner may decline to sign the permit and not accept services under the tree mortality program. In other words, the property owner may choose to directly pay for the work and negotiate a contract with a tree removal company.</p>
Why does Cal OES request the property owner take on additional risks by the assignment of certain responsibilities such as a utility location?Why does Cal OES request the property owner take on additional risks by the assignment of certain responsibilities such as a utility location?<p>​An example of the Right of Entry permit is enclosed herewith. Paragraph 1 of the permit requires, in relevant part, “[o]wner shall make Owner’s best efforts to mark any sewer lines, utilities, septic tanks and water lines located on the Premises.” This best efforts requirement of communicating, by marking, any sewer lines, utilities, septic tanks and water lines located on the Premises serves the interest of all parties, including the property owner. Accordingly, based upon that clause alone, there are seemingly no additional risks assumed by the property owner.</p>
Why does Cal OES want a non-project specific right of entry permit (it does not state that it is solely for tree abatement and it does not limit the area to be inspected)?Why does Cal OES want a non-project specific right of entry permit (it does not state that it is solely for tree abatement and it does not limit the area to be inspected)?<p>The right of entry permit is for a specific purpose – debris removal relative to the tree mortality program. Paragraph 1 of the enclosed Right of Entry permit expressly addresses the purpose. ​</p>
Why has Cal OES taken such a different legal approach to the right of entry and tree removal program from what is being done by Caltrans?Why has Cal OES taken such a different legal approach to the right of entry and tree removal program from what is being done by Caltrans?<p>​Cal OES’s right of entry and tree removal program is funded in part by California Disaster Assistance Act funds. Different sources of funds have different legal requirements. As discussed above, whenever a local agency is utilizing California Disaster Assistance Act funds to do a project, the local agency is required to hold the state harmless from damages due to the work for which the funds are allocated. As a result, Cal OES requires that the local agencies sign agreements holding the state and everyone working on behalf of the state - harmless.</p>
Why is the right of entry permit language different in other counties?Why is the right of entry permit language different in other counties?<p>​Cal OES is unable to fully address this question without knowing which counties you are referring to in your question. That said and as discussed above, whenever a local agency is utilizing California Disaster Assistance Act funds to do a project, the local agency is required to hold the state harmless from damages due to the work for which the funds are allocated. Accordingly, there must be an agreement in place that holds the state harmless from damages.</p>

 

 

Direct Administrative Cost Spreadsheethttp://www.caloes.ca.gov/RecoverySite/Documents/DAC Spreadsheet.pdfDirect Administrative Cost SpreadsheetSpreadsheet used to assist with the documentation for Direct Administrative Costs for FEMA events.Recovery Forms3/21/2017 10:15:22 PM
CDAA Fact Sheethttp://www.caloes.ca.gov/RecoverySite/Documents/CDAA Fact Sheet.pdfCDAA Fact SheetThis fact sheet explains the California Emergency Disaster Proclamation and CDAA Process.Recovery Information Sheets2/16/2017 11:15:48 PM
Tree Mortality FAQshttp://www.caloes.ca.gov/RecoverySite/Documents/FAQ for Tree Mortality 12 04 15.pdfTree Mortality FAQsFrequently asked questions regarding the Tree Mortality CDAA eventRecovery Information Sheets7/19/2016 7:50:05 PM
Eight Procurement Principles for El Nino Damagehttp://www.caloes.ca.gov/RecoverySite/Documents/PA Applicant Advisory El Nino; Eight Procurement Principles 02.08.16 trifold.pdfEight Procurement Principles for El Nino DamageInformation and requirments for procuremtn during El NinoRecovery Information Sheets7/19/2016 7:49:23 PM
PA Applicant Advisory Tri-foldhttp://www.caloes.ca.gov/RecoverySite/Documents/PA Applicant Advisory Tri-fold 1-19-16.pdfPA Applicant Advisory Tri-foldFour Steps to Success tri-foldRecovery Information Sheets7/19/2016 7:50:31 PM
PA Applicant Advisory Tri-fold El Nino Storm Damage assistancehttp://www.caloes.ca.gov/RecoverySite/Documents/PA Applicant Advisory Tri-fold El Nino Storm Damage 2-5-16.pdfPA Applicant Advisory Tri-fold El Nino Storm Damage assistancefind different programs for assistance with El Nino Storm DamageRecovery Information Sheets7/19/2016 7:49:42 PM
Governor's Proclamation on Tree Mortality CDAA 2015-05http://www.caloes.ca.gov/RecoverySite/Documents/Governor's Proclamation Tree Mortality 2015-05.pdfGovernor's Proclamation on Tree Mortality CDAA 2015-05Contains information regarding the Governor's Emergency Proclamation regarding Tree Mortality Tree Mortality Documents9/30/2016 6:51:01 PM
Right of Entry Permit Tree Mortality Emergency Programhttp://www.caloes.ca.gov/RecoverySite/Documents/ROE Hold Harmless Agreement.pdfRight of Entry Permit Tree Mortality Emergency Programdocument used to give the State of California right of access to private property and outlines the terms and conditions of the permitTree Mortality Documents9/30/2016 6:46:30 PM

​Recovery Divisions

Public Assistance (PA)

Public Assistance provides assistance to state agencies, local governments, special districts and eligible private nonprofit organizations impacted by a disaster to achieve a safer future for all California communities. The Public Assistance Section ensures state and federal support are provided to applicants in an efficient and timely manner in order to assist in recovery from a major disaster or emergency.

Individual Assistance (IA)​

Individual Assistance coordinates with federal, state, local, and voluntary/nonprofit entities to provide recovery assistance following a disaster that impacts individuals and households, businesses, and/or the agricultural community in the State of California.

Disaster Mitigation and Technical Support (DMTS)

The Disaster Mitigation & Technical Support Division is comprised of two units. The Technical Assistance Programs (TAP) Unit provides specialized expertise to all Cal OES programs as needed, with a focus on recovery issues. The Hazard Mitigation Grant Program (HMGP) Unit administers the Federal Emergency Management Agency’s Hazard Mitigation Grant Program and provides subject matter expertise to local governments and other eligible applicants regarding mitigation activities, application development, and grant management.

 

Landing Page