AB 1835
State of emergency: Governor’s powers and termination.
Vote required
Majority
Fiscal committee
No
Appropriation
No
Current location
Emergency Management
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Bill overview
This bill changes the rules for declaring and ending California’s state of emergency. Currently, the Governor has broad authority during a state of emergency, but this bill limits that authority to executive power, aligning with the California Emergency Services Act. It also establishes a 90-day automatic termination for state of emergencies that haven’t been formally ended by the Governor or the Legislature, unless the Legislature extends the emergency with a concurrent resolution.
Key provisions
- Limits Governor’s emergency authority to executive power.
- Establishes a 90-day automatic termination for state of emergencies.
- Requires legislative extension for state of emergencies to continue beyond 90 days.
- Allows the Legislature to extend a state of emergency through a concurrent resolution.
- Defines when emergency powers terminate – either by Governor’s proclamation or legislative resolution.
Who is affected
- State government agencies
- The Governor
- The California Legislature
- California residents and businesses during emergencies
Notable changes
- Introduces a 90-day automatic termination period for state of emergencies.
- Clarifies the scope of Governor’s emergency powers to executive power only.
- Requires legislative action (concurrent resolution) to extend a state of emergency beyond 90 days.
Sponsors
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AB1835:v99#DOCUMENT
Bill Start
CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION
Assembly Bill
No. 1835
| Introduced by Assembly Member Gallagher (Coauthors: Assembly Members Alanis, Jeff Gonzalez, Johnson, Macedo, Ta, and Wallis) (Coauthors: Senators Grove and Seyarto) |
| February 11, 2026 |
An act to amend Sections 8627 and 8629 of the Government Code, relating to state of emergency.
LEGISLATIVE COUNSEL'S DIGEST
AB 1835, as introduced, Gallagher. State of emergency: Governor’s powers and termination.
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.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 8627 of the Government Code is amended to read:
8627.
During a state of emergency the Governor shall, to the extent he the Governor deems necessary, have complete authority over all agencies of the state government and the right to exercise within the area designated all police executive power vested in the state by the Constitution and laws of the State of California in order to effectuate the purposes of this chapter. In exercise thereof, he the Governor shall promulgate, issue, and enforce such all orders and regulations as he the Governor deems necessary, in accordance with the provisions of Section 8567.
SEC. 2.
Section 8629 of the Government Code is amended to read:
8629.
(a) The Governor shall proclaim the termination of a state of emergency at the earliest possible date that conditions warrant. All
(b) (1) A state of emergency that has not been terminated by the Governor shall automatically terminate 90 days after the Governor’s proclamation pursuant to Section 8625 unless the Legislature extends it by a concurrent resolution.(2) The Legislature may, by a concurrent resolution, extend a state of emergency before its termination pursuant to paragraph (1) or pursuant to a previous concurrent resolution.
(c) All of the powers granted the Governor by this chapter with respect to a state of emergency shall terminate when the either of the following occur:
(1) The state of emergency has been terminated terminates by proclamation of the Governor or by concurrent resolution of the Legislature declaring it at an end.
(2) The state of emergency terminates pursuant to subdivision (b).