Assemblyman James Gallagher. Courtesy photo of Assemblyman James Gallagher

SACRAMENTO, CA (MPG) - Assemblyman James Gallagher (R-East Nicolaus) announced Feb. 11, the introduction of AB 1835, legislation that strengthens legislative oversight of states of emergency (SOEs) declared under the California Emergency Services Act (CESA) and prevents prolonged unilateral executive actions. The bill already has strong support, with eight co-authors joining Assemblyman Gallagher.

Under current law, the Governor has broad authority during a declared SOE, including complete control over state agencies and the ability to issue, amend, or rescind orders and regulations. During the COVID-19 State of Emergency, which lasted nearly three years, the Governor used the CESA to exercise broad and often controversial orders, including masking and vaccine mandates, stay-at-home orders, and no-bid emergency contracts, with little or no legislative oversight. There is no requirement for regular review or re-authorization of extended emergencies.

AB 1835 addresses these issues by automatically terminating a state of emergency after 90 days unless the Legislature extends it.  The bill also clarifies that the Governor’s emergency powers do not include amending or creating new statutes preserving the Legislature’s constitutional role in lawmaking.

“This bill restores essential checks and balances to our emergency response system while preserving the Governor’s ability to act quickly in true crises,” said Assemblyman Gallagher. “Californians deserve a government where prolonged emergencies receive regular legislative review, not indefinite executive control. AB 1835 ensures accountability and upholds separation of powers.”

A recent report from the Legislative Analyst’s Office (LAO), Improving Legislative Oversight of Emergency Authorities, highlights that California’s lack of a review or renewal requirement stands in contrast to local emergencies in the state—where governing bodies must review local emergencies every 60 days under CESA—and positions California as an outlier nationally. Specifically, 36 states limit the amount of time states of emergency can remain open before the Governor or Legislature must act to renew them, with time periods ranging from 15 days to six months.

AB 1835 is a common-sense reform, ensuring timely legislative involvement without hindering emergency response.

Assemblyman James Gallagher represents the 3rd Assembly District, encompassing all of Butte, Glenn, Sutter, Tehama, and Yuba counties and portions of Placer County.