Governor's Proclamation of a State of Emergency

On August 31, Governor Newsom issued a Proclamation of a State of Emergency, finding that a significant heat wave in California, with temperatures in excess of 100 degrees, and “forecast to bring record temperatures 10-20 degrees above normal throughout the state, exceeding 110 degrees in some areas (the “Extreme Heat Event”),” will put “significant demand and strain on California’s energy grid” and limit the ability to import energy from out-of-state, resulting in the possibility the CAISO may issue an Emergency Alert Level 2 or 3.

In response, the Governor ordered a number of actions to be taken, including suspending (1) daily average and instantaneous temperature limitations in thermal power plant waste discharge requirements, to the extent thermal power plant operations are required to abate the effects of the Extreme Heat Event; (2) suspending permitting restrictions on the use of backup generators, including those by local air quality management districts, to the extent they “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 hours, from 2:00 p.m. to 10:00 p.m. on August 31, 2022 through September 7, 2022, inclusive, or as otherwise needed to respond to the Extreme Heat Event”; and (3) any “permit, regulation or law prohibiting, restricting or penalizing the use of stationary or portable generators or other conduct” allowed by the Proclamation during the specified time periods.

The Proclamation of a State of Emergency will expire at midnight on September 7 with limited exceptions.

Contact: Ron Liebert