AB 1835

State of emergency: Governor’s powers and termination

AB 1835 — Limiting the Governor's Emergency Powers When the Governor declares a state of emergency in California, current law grants sweeping authority with few built-in limits on how long that power lasts. During the COVID-19 pandemic, Californians experienced firsthand what that can mean — years of unilateral executive control that affected businesses, schools, and even the ability of churches to gather for worship. AB 1835 would change that by requiring any state of emergency to automatically end after 90 days unless the Legislature votes to extend it. The bill also clarifies that the Governor's emergency powers are limited to executive authority under the Constitution, rather than the broader "police power" language in current law. This matters for California families because it restores the balance of power between the Governor and the elected Legislature — ensuring that no single official can govern by emergency decree indefinitely. California Family Council supports this bill because protecting religious freedom and limiting government overreach are essential to preserving life, family, and liberty for all Californians. AB 1835 is currently moving through the California Legislature.

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.