• Emergency authority is available but narrow. Local emergency proclamations, emergency contracting rules, environmental review exemptions, and agency procedures can speed storm and flood response within limits.
• Emergency authority postpones most obligations rather than eliminating them. After-the-fact notifications and ordinary review of permanent repairs may still apply.
• Federal reimbursement has its own rules. State emergency contracting exemptions do not satisfy federal procurement requirements, so entities seeking disaster reimbursement should confirm those requirements before awarding emergency work.

The first alert in this series described the Governor’s September 21, 2026 state of emergency proclamation directing state agencies to accelerate review of local projects to mitigate flood, landslide, and debris flow risk. That proclamation was, in part, a response to requests from local agencies.

How far can local agencies and property owners go under emergency authority when they respond to flood and storm damage?

Consider Proclaiming a Local Emergency. The Governor proclaimed a state of emergency under the Emergency Services Act. That Act also allows cities and counties to proclaim local emergencies. A local emergency involves “conditions of disaster or of extreme peril to the safety of persons and property,” including conditions caused by flooding and storms, that “are or are likely to be beyond the control of the services, personnel, equipment, and facilities of that political subdivision.” During a proclaimed local emergency, the governing body or designated officials may issue orders and regulations necessary to protect life and property. The Act also protects public agencies from liability for discretionary emergency actions. Proclaiming an emergency may also support applications for state and federal assistance, including California Governor’s Office of Emergency Services resources and programs.

Use Local Emergency Contracting Authority. The Governor’s proclamation exempts state agencies from certain procurement requirements. Local agencies, however, have their own emergency contracting authority. For instance, local agencies may dispense with competitive bidding for emergency work.

Evaluate CEQA Emergency Exemptions. The California Environmental Quality Act exempts certain emergency work from environmental review: repairing, restoring, or demolishing property damaged in a proclaimed disaster area; actions necessary to prevent or mitigate an emergency; and emergency repairs to service facilities necessary to maintain service. These emergency exemptions have limits, however. They do not apply to gradual or chronic conditions that a storm makes worse. Nor do they apply to long-term projects intended to prevent situations unlikely to occur in the short term.

Identify Applicable Emergency Procedures. Agencies responsible for permitting flood-related infrastructure or repairs have emergency procedures too:

• California Department of Fish and Wildlife. Project proponents may immediately begin work in a streambed to address a flooding emergency without advance notification to the Department of Fish and Wildlife. But the project proponent must notify the Department within 14 days after the work starts. The Department may then require a streambed alteration agreement for any remaining work.
• Regional Water Quality Control Boards. Regional Boards may grant conditional waivers and expedited certifications during an emergency for discharges, dewatering, and turbidity that would otherwise affect water quality requirements.
• Coastal Commission. The Commission issues temporary emergency coastal development permits for urgent work in the coastal zone.
• United States Army Corps of Engineers. When emergency work requires a Corps permit, federal regulations provide expedited procedures, but work may not begin before Corps authorization. Regional general permits may cover emergency repair and protection activities, including Regional General Permit 5 in the San Francisco District, Regional General Permit 8 in the Sacramento District, and Regional General Permit 63 in the Los Angeles District.
• Federal wildlife agencies. When emergency projects are in areas in which a listed species is present, emergency consultation with the United States Fish and Wildlife Service or the National Marine Fisheries Service can proceed by telephone, and the agencies may complete formal consultation later.

Stay Within Emergency Authority. The CEQA exemptions and agency emergency procedures described above do not apply to work going beyond repairs needed to address an immediate threat, or to conditions existing before the storm. Agencies and property owners may still need to provide after-the-fact notifications and undergo ordinary permit review for permanent projects.

Protect Reimbursement Eligibility. Public agencies and private nonprofits seeking federal disaster reimbursement must follow federal procurement rules. Contracting without competitive bidding under state emergency authority does not satisfy the federal rules, which apply from the outset.

Watch for Further Relief. The Secretary for Environmental Protection and the Secretary of the Natural Resources Agency must recommend by October 16, 2026 whether further action or emergency suspensions are necessary.

For answers to questions about emergency authorities, emergency permitting, or documenting emergency work, please contact Hanson Bridgett’s Environmental and Water lawyers. Alerts to follow in this series will address liability for storm and flood water damage and the effect of flooding on permitting compliance.