Contra Costa Herald

News Of By and For The People of Contra Costa County, California

Assemblyman Frazier frustrated with High Speed Rail Draft Business Plan full of misleading information

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Photo from HSR.ca.gov.

Sacramento – Earlier today, Wednesday, May 27, 2020, the Assembly Transportation Committee Chaired by Assemblymember Jim Frazier (D- Fairfield) held an oversight hearing on the California High Speed Rail Authority’s (HSRA) 2020 Draft Business Plan. The HSRA is required to adopt and submit a final business plan to the Legislature on May 1st every two years that details funding, financing and ridership estimates for the entire project.

Since the Legislature first envisioned high-speed rail in the state in 1996 and residents first voted on Prop 1A in 2008 to help fund the project, the general idea for how the state would accomplish this has largely remained the same. The actual business plan authored by the Authority however has been riddled with issues and come under increased scrutiny from the Legislature as costs and deadlines have ballooned while reports of dysfunction and organizational chaos have become widespread.

From CA HSR 2020 Draft Business Plan.

“Once again, it seems the High-Speed Rail Authority has released in the 2020 Draft Business Plan a proposal for its future that it can’t afford and that won’t deliver what is promised. Every version of the Business Plan has increased costs and reduced scope and no longer resembles the vision promised in the 2008 ballot measure’’, said Assemblymember Frazier. “Despite efforts by myself and some of my colleagues, the Authority continues to propose electrifying a segment of a train line in the Central Valley that will add billions of dollars to the project and provide little or no benefit.”

“I believe there is a way to rescue this project from failure, but I think it requires honest evaluation and true cost-benefit analysis, neither of which the Authority has ever been able to provide”, continued Frazier. “Every iteration of the business plan comes with new promises without results. It is going to take a lot of explanation for me to believe that, this time, the Authority’s cost and ridership estimates are legitimate, and this is something the state should continue to invest in.”

Development of high-speed rail in California began more than 20 years ago.  SB 1420 (Kopp), Chapter 796, Statutes of 1996, created HSRA to direct development and implementation of intercity high-speed rail service that would be fully coordinated with other public transportation services.

For more information on this legislation or to learn more about Assemblymember Frazier, please visit his website.

Assemblymember Frazier represents the 11th Assembly District, which includes the communities of Antioch, Bethel Island, Birds Landing, Brentwood, Byron, Collinsville, Discovery Bay, Fairfield, Isleton, Knightsen, Locke, Oakley, Pittsburg (partial), Rio Vista, Suisun City, Travis AFB, Vacaville and Walnut Grove.

Payton Perspective: Gov. Newsom isn’t really allowing places of worship to reopen, his guidelines are too restrictive

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Some churches to participate in civil disobedience this Sunday and open for services.

“Simply put, there is no pandemic exception to the U.S. Constitution and its Bill of Rights”… “the Constitution calls for California to do more to accommodate religious worship” – 5/19/20 US DOJ letter to Gov. Newsom.

By Allen Payton

Yesterday, Monday, May 25, 2020 – Memorial Day, the day we honor and commemorate those who died for our freedoms, some of which are seriously limited, right now – California Governor Gavin Newsom issued guidelines for reopening places of worship. At first, I was hopeful that he was doing something good in response to President Trump’s directive to all the governors and the directive to California from U.S. Attorney General William Barr and the Department of Justice, last week.

But the guidelines don’t really allow most places of worship to reopen. Why? Because they’re too restrictive, limiting attendance to just 25% of building capacity or 100 people whichever is less. Plus, Newsom is leaving it up to each unelected county health officer to approve of the guidelines or not.

Now, it’s worse because they’re allowing more and more businesses to reopen – which is great – but not the churches. Our officials already considered all the vice serving businesses, including all the locations of the nation’s top abortion provider, Planned Parenthood, liquor stores, and marijuana dispensaries essential. But not the churches or other places of worship. And as of today, the governor said barber shops and hair salons can reopen.

Which part of “shall make no law…prohibiting the free exercise” of religion and the other First Amendment right of freedom of peaceful assembly, don’t our officials get?

Civil Disobedience

Following in the footsteps of the black Christian ministers who led the efforts during the civil rights movement, it appears some churches will be participating in some civil disobedience with the ministers leading the effort for their rights, when they hold services this next Sunday, May 31st in defiance of state and local orders. Those in attendance will probably only be issued citations and the maximum fine is $1,000, which they can collectively fight. Plus, with $0 bail, right now none of them will go to jail. Most likely only the ministers will be cited and fined. But who knows? The Lord does and we will see just how far the government officials will take this and just how much they want to continue this fight.

Time to Elect New Leaders

It’s definitely time we elected only those who agree that places of worship are essential, not only to those who attend, but society as a whole, and will actually uphold their oaths of office, in which they swore to defend the Constitution against all enemies foreign and domestic. Event the CDC recognized that in the statement for its Interim Guidance for Communities of Faith, unlike our governor in the statement included with his guidelines. The CDC wrote, “Millions of Americans embrace worship as an essential part of life. In addition, we note that while many types of gatherings are important for civic and economic well-being, religious worship has particularly profound significance to communities and individuals, including as a right protected by the First Amendment. State and local authorities are reminded to take this vital right into account when establishing their own re-opening plans.”

What did the governor include in the statement about his guidelines? Just more warnings about how public gatherings can cause more deaths. That statement includes, “There have been multiple outbreaks in a range of workplaces, indicating that workers are at risk of acquiring or transmitting COVID-19 infection. Examples of these workplaces include places of worship, long-term care facilities, prisons, food production, warehouses, meat processing plants, and grocery stores.”

“Further, it is strongly recommended that places of worship continue to facilitate remote services and other related activities for those who are vulnerable to COVID19 including older adults and those with co-morbidities. Even with adherence to physical distancing, convening in a congregational setting of multiple different households to practice a personal faith carries a relatively higher risk for widespread transmission of the COVID-19 virus, and may result in increased rates of infection, hospitalization, and death, especially among more vulnerable populations. In particular, activities such as singing and group recitation negate the risk-reduction achieved through six feet of physical distancing,” Newsom’s statement continues.

Nothing about our First Amendment rights which should be protected or that corporate worship or even churches being essential to at least some Californians or society as a whole.

Support Legal Efforts

We also need to support the legal efforts of those suing the state and governor to get the courts to force him to allow the churches to reopen. One way you can do that is by supporting the Center for American Liberty, based in San Francisco and led by my friend, attorney Harmeet Dhillon and her fellow attorney, Mark Meuser, a former Contra Costa resident. Read about their cases and make a contribution, here – https://libertycenter.org/pf/covid-19-litigation/.

Another lawsuit by churches in California against Newsom and the state, which was joined by Dhillon, lost last week at the 9th Circuit Court of Appeals on a 2-1 decision of a three-judge panel. Not surprising the judges who voted with the governor were appointed by Clinton and Obama, and the one judge that voted with the churches was appointed by Trump.

“These are emergency appeals,” Dhillon explained on Monday. “We filed for an appeal to the U.S. Supreme Court” in the recent case before the 9th Circuit.

“The DOJ sent a letter to the governor that his policies were discriminatory against churches,” she continued. “Today’s guidelines are still limiting. They’re totally arbitrary. There is no limit of 100 people for any retail establishment. Retail has a 50% capacity limit for some and none for others.”

“To tell people how they can worship, this is more unconstitutional and very problematic,” Dhillon added.

DOJ Letter to Newsom

In the DOJ letter to Newsom about “several civil rights concerns with the treatment of places of worship” due to the governor’s stay-at-home order, as well as “documents relating to the California Reopening Plan” it states “Simply put, there is no pandemic exception to the U.S. Constitution and its Bill of Rights.” USDOJ 5.19.20 Ltr. to Hon. Gavin Newson

“Laws that do not treat religious activities equally with comparable nonreligious activities are subject to heightened scrutiny under the Free Exercise Clause of the First Amendment,” the letter continues.

“Places of worship are not permitted to hold religious worship services until Stage 3” of Newsom’s reopening plan, the letter explains. “However, in Stage 2, schools, restaurants, factories, offices, shopping malls, swap meets and others are permitted to operate with social distancing. And as noted, ecommerce and entertainment industry activities are already permitted with social distancing. This constitutes precisely the kind of differential treatment the Supreme Court identified” in the decision of another case “in which the government is not willing to impose on certain activities the same restrictions it is willing to impose on constitutionally protected religious worship.”

“Religious gatherings may not be singled out for unequal treatment compared to other nonreligious gatherings that have the same effect on the government’s public health interest…” the letter states.

It then refers to the recent case before the 9th Circuit and states, “Other decisions around the country…make clear that reopening plans cannot unfairly burden religious services as California has done.”

“We believe…that the Constitution calls for California to do more to accommodate religious worship, including in Stage 2 of the Reopening Plan.”

An email has been sent to the DOJ asking for their views on Newsom’s guidelines and if they comply with the May 19th letter. (Please check back later for updates to this column.)

Time for Action

It’s time for action and to stop living in fear, my friends. The governor’s guidelines are too restrictive and continue to clearly violate our God-given – the meaning of “unalienable” – and constitutionally protected rights of both freedom of religion and assembly. Until Newsom complies with the directives from the federal government, churches should feel free to reopen within the guidelines applied to nonreligious activities and businesses.

As the DOJ letter states, “Religious communities have rallied to protect their communities from the spread of this disease by making services available online, in parking lots, or outdoors, by indoor services with a majority of pews empty, and in numerous other creative ways that otherwise comply with social distancing and sanitation guidelines.” Local churches can do the same. We shall see if any actions are taken against the ministers and those who attend this Sunday’s services.

DOJ Letter to Governor Newsom

U.S. Department of Justice

Civil Rights Division

 

 

____________________________________________________________________________________________

Office of the Assistant Attorney General                                               Washington, D.C. 20530

May 19, 2020

 

The Honorable Gavin Newsom

Governor of California

1303 10th Street, Suite 1173

Sacramento, CA 95814

Dear Governor Newsom:

We are writing to you to raise several civil rights concerns with the treatment of places of worship in Executive Orders N-33-20 and N-60-20 and documents relating to the California Reopening Plan.

Of course, we recognize the duty that you have to protect the health and safety of Californians in the face of a pandemic that is unprecedented in our lifetimes. You and other leaders around the country are called on to balance multiple competing interests and evaluate the constantly changing information available to you about COVID-19, and make your best judgment on courses of action.

Attorney General William P. Barr recently issued a statement on Religious Practice and Social Distancing, in conjunction with a Mississippi case in which the Department of Justice participated regarding restrictions on worship. In the statement, the Attorney General emphasized the need to practice social distancing to control the spread of COVID-19. He also noted that temporary restrictions that would be unacceptable in normal circumstances may be justified. But, “even in times of emergency, when reasonable and temporary restrictions are placed on rights, the First Amendment and federal statutory law prohibit discrimination against religious institutions and religious believers. Thus, government may not impose special restrictions on religious activity that do not also apply to similar nonreligious activity.” Simply put, there is no pandemic exception to the U.S. Constitution and its Bill of Rights.

Laws that do not treat religious activities equally with comparable nonreligious activities are subject to heightened scrutiny under the Free Exercise Clause of the First Amendment. Church of the Lukumi Babalu Aye v. City of Hialeah, 508 U.S. 520 (1993). Laws that are not both neutral toward religion and generally applicable are invalid unless the government can prove that they further a compelling interest and are pursued through the least restrictive means possible. Religious gatherings may not be singled out for unequal treatment compared to other nonreligious gatherings that have the same effect on the government’s public health interest, absent the most compelling reasons.

Executive Order N-33-20 (March 19, 2020) ordered Californians to remain at home except to engage in authorized necessary activities as laid out by the Public Health Officer at the time and as modified going forward. The Public Health Officer’s April 28 “essential workforce” list does not appear to treat religious activities and comparable nonreligious activities the same.

The list includes “faith-based services” but only if “provided through streaming or other technologies.” In-person religious services are thus apparently prohibited even if they adhere to social distancing standards.

The list of nonreligious workers who are not so restricted by the Executive Order and essential workforce list when telework “is not practical” is expansive. For example, the list includes “Workers supporting the entertainment industries, studios, and other related establishments, provided they follow covid-19 public health guidance around social distancing.” Likewise, “workers supporting ecommerce” are included as essential, regardless of whether the product they are selling and shipping are life-preserving products or not. This facially discriminates against religious exercise. California has not shown why interactions in offices and studios of the entertainment industry, and in-person operations to facilitate nonessential ecommerce, are included on the list as being allowed with social distancing where telework is not practical, while gatherings with social distancing for purposes of religious worship are forbidden, regardless of whether remote worship is practical or not.

Even more pronounced unequal treatment of faith communities is evident in California’s Reopening Plan, as set forth in Executive Order N-60-20 (May 4, 2020), and in the documents the California Department of Public Health produced pursuant to it, including the “Resilience Roadmap” (https://covid19.ca.gov/roadmap/) and “County Variance Attestations” (https://www.cdph.ca.gov/Programs/CID/DCDC/Pages/COVID-19/Local-Variance-Attestations.aspx). Places of worship are not permitted to hold religious worship services until Stage 3. However, in Stage 2, schools, restaurants, factories, offices, shopping malls, swap meets, and others are permitted to operate with social distancing. And as noted, ecommerce and entertainment industry activities are already permitted with social distancing. This constitutes precisely the kind of differential treatment the Supreme Court identified in the Lukumi decision in which the government is not willing to impose on certain activities the same restrictions it is willing to impose on constitutionally protected religious worship. While it is true that social distancing requirements applied to places of worship may inevitably result in much smaller congregations than some faith groups would like, in our experience with other controversies around the country, many places of worship are quite content to operate at 15-25% of capacity in a way that allows for social distancing between family groups.

The Department of Justice does not seek to dictate how States such as California determine what degree of activity and personal interaction should be allowed to protect the safety of their citizens. However, we are charged with upholding the Constitution and federal statutory protections for civil rights. Whichever level of restrictions you adopt, these civil rights protections mandate equal treatment of persons and activities of a secular and religious nature.

We recognize that three U.S. District Courts have denied Temporary Restraining Orders (TRO’s) sought by plaintiffs against Executive Order N-33-20, Abiding Place Ministries v. Wooten, No. 3:20-cv-00683 (S.D. Cal. April 10, 2020) (no written opinion); Gish v. Newsom, No. 5:20-CV-755 (C.D. Cal. Apr. 23, 2020); Cross Culture Christian Ctr. v. Newsom, No. 2:20-CV-00832 (E.D. Cal. May 5, 2020), and one denied a TRO against the Reopening Plan, which is now on appeal to the Ninth Circuit. South Bay United Pentecostal Church v. Newsom, No. 3:20-cv-865 (S.D. Cal. May 15, 2020) (oral transcript ruling). These TRO decisions do not justify California’s actions. The Abiding Place, Gish, and Cross Culture TRO decisions do not address the Stage 2 reopening, and South Bay United Pentecostal does not describe why worship services can be distinguished from schools, restaurants, factories or other places Stage 2 permits people to come together. Other decisions around the country have followed Lukumi to make clear that reopening plans cannot unfairly burden religious services as California has done. See, e.g., Robert v. Neace, No. 20-5465 (6th Cir. May 11, 2020).

Religion and religious worship continue to be central to the lives of millions of Americans. This is true now more than ever. Religious communities have rallied to protect their communities from the spread of this disease by making services available online, in parking lots, or outdoors, by indoor services with a majority of pews empty, and in numerous other creative ways that otherwise comply with social distancing and sanitation guidelines. We believe, for the reasons outlined above, that the Constitution calls for California to do more to accommodate religious worship, including in Stage 2 of the Reopening Plan.

Thank you for your prompt attention to this matter. Should you wish to discuss further, please contact United States Attorney for the Eastern District of California McGregor Scott at (916) 554-2730 or mcgregor.scott@usdoj.gov.

Sincerely,

           Eric S. Dreiband

                             Assistant Attorney General

                Civil Rights Division

McGregor W. Scott

United States Attorney

Eastern District of California

Nicola T. Hanna

United States Attorney

Central District of California

David L. Anderson

United States Attorney

Northern District of California

Robert S. Brewer

United States Attorney

Southern District of California

cc: The Honorable Xavier Becerra

Attorney General of California

Construction to begin May 26 on Rodeo Downtown Infrastructure Improvements Project

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Site map of construction area in downtown Rodeo. By CCCPWD.

By Kelly Kalfsbeek, Public Information Officer, Contra Costa County Public Works Department

May 20, 2020, Rodeo, CA – The Contra Costa County Public Works Department will begin construction of the Rodeo Downtown Infrastructure Project. Construction will begin on Tuesday, May 26, 2020 and last until August 28, 2020, 7:00 am-5:00 pm, Monday-Friday, weather permitting. Drivers should expect delays during construction.

The work to be done generally consists of infrastructure including Americans with Disabilities Act (ADA) compliant sidewalks, curbs, gutters, a storm water treatment area with landscaping components, storm drain installation, a bike lane, an ADA compliant concrete path and soldier pile walls. Current shelter-in-place and social distancing protocol will be followed.

This project is funded by gas tax revenues provided by the SB1 Road Repair and Accountability Act and Measure J funds. More information for this project can be found at http://www.cccounty.us/pwdmap.

Contra Costa County Clerk-Recorder now offering online video marriage services

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The Clerk-Recorder is now offering marriage licenses and civil marriage ceremonies online for County residents. Clerk-Recorder staff perform the civil ceremonies using Zoom or FaceTime.

“June is traditionally a month of many weddings,” Deborah Cooper, County Clerk-Recorder said. “We are pleased to offer our constituents a creative new method to be married during this crisis.”

California Governor Gavin Newsom recently issued an Executive Order permitting the issuance of marriage licenses and the conduct of remote civil wedding ceremonies via teleconferencing technologies.

At least one of the parties to the marriage must be a Contra Costa County resident. The couple must appear together on the video and be physically present within the State of California. Invited guests may join in to view the ceremony. No additional software is required for the license or the ceremony, but the couple must complete the forms in advance of the ceremony. A computer, tablet, or cell phone with a microphone/camera and an internet connection is required.

Marriage service appointments are currently available Tuesday through Thursday, during the month of June. If couples would like more information or to schedule an appointment, email marriages@cr.cccounty.us or call (925) 335-7900.

President Trump proclaims Friday, May 1st Law Day, U.S.A., 2020

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The White House

Issued on April 29, 2020

More than 230 years ago, the Founding Fathers of our Nation crafted a revolutionary and unique form of Government rooted in the rule of law.  Today, we continue to enjoy liberty, justice, and equality under the law as set forth and preserved in our Constitution.  On Law Day, we celebrate the distinctive framework of our system of Government, which secures individual liberties and protects against arbitrary exercise of government power so that all citizens have the right and the freedom to pursue their American Dream.

In arguing for the ratification of our Constitution, James Madison wisely recognized that in a government “administered by men over men, the great difficulty lies in this: you must first enable the government to control the governed; and in the next place oblige it to control itself.”  The Framers understood the inherent dangers of consolidated government power and that, in order for our Republic to survive, the power to make, execute, and interpret laws could not be vested in one individual or one institution.  They knew that “ambition must be made to counteract ambition,” and accordingly devised an arrangement whereby separate and coequal branches share the power of the Federal Government, each limiting and checking the prerogatives of the others. They also created a system of enumerated powers for the Federal Government, reserving all other powers to the States.  In doing so, the Framers limited the powers of the Federal Government and preserved a place of prominence for State and local lawmaking, which they rightly believed to be more responsive to the unique needs of each community.

This year also marks both the 150th anniversary of the ratification of the 15th Amendment, which prohibited denial of the right to vote based on race, color, or previous condition of servitude, and the 100th anniversary of the ratification of the 19th Amendment, which prohibited denial of the right to vote based on sex.  The women and men who fought to win a voice for people of color and women in the electoral process strengthened our Union and helped the country better fulfill the founding promise of our Nation — that the power to enact and enforce laws be truly derived “from the consent of the governed.”  As we mark these milestones, we pay tribute to the courageous spirit of the trailblazers who made this achievement possible, and take inspiration from their righteous struggle as we continue working to root out and destroy injustice.

We know that our Republic can continue to shine as a beacon of liberty only if Americans diligently defend our Constitution and ensure that its limits are strongly enforced.  My Administration has sought to simplify and streamline America’s statutory and regulatory code, checking encroachments by government on individual liberty and unleashing the spirit of genius and innovation that has made America the freest and most prosperous country in the world.  Furthermore, one of my top priorities as President has been to nominate and appoint judges who are faithful to the proper role of the judiciary — to interpret the law, not to make it.  In all of these efforts, we aim to ensure that the Government can continue to perform its fundamental responsibility to the American people, articulated in the Preamble of the Constitution, to “secure the blessings of liberty to ourselves and our posterity.”

On this Law Day, I urge all Americans to honor our shared inheritance of respect for the principles of the rule of law, limited government, and individual liberty.  Let us rededicate ourselves to remaining ever vigilant in defending our rights secured by the Constitution so that our experiment in self‑government continues in perpetuity.

NOW, THEREFORE, I, DONALD J. TRUMP, President of the United States of America, in accordance with Public Law 87–20, as amended, do hereby proclaim May 1, 2020, as Law Day, U.S.A.   I urge all Americans, including government officials, to observe this day by reflecting upon the importance of the rule of law in our Nation and displaying the flag of the United States in support of this national observance; and I especially urge the legal profession, the press, and the radio, television, and media industries to promote and to participate in the observance of this day.

IN WITNESS WHEREOF, I have hereunto set my hand this twenty-ninth day of April, in the year of our Lord two thousand twenty, and of the Independence of the United States of America the two hundred and forty-fourth.

DONALD J. TRUMP

Contra Costa, other Bay Area counties to extend Shelter-In-Place orders through end of May

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Will include limited easing of some restrictions for small number of lower-risk activities

MARTINEZ – April 27, 2020) – Later this week, the Public Health Officers of the Counties of Contra Costa, Alameda, Marin, San Francisco, San Mateo, and Santa Clara as well as the City of Berkeley will issue revised shelter-in-place orders that largely keep the current restrictions in place and extend them through May. The new order will include limited easing of specific restrictions for a small number of lower-risk activities.

The shelter-in-place orders in effect across the seven jurisdictions are set to expire on May 3, 2020. Thanks to the collective effort and sacrifice of the 7 million residents across our jurisdictions, we have made substantial progress in slowing the spread of the novel coronavirus, ensuring our local hospitals are not overwhelmed with COVID-19 cases, and saving lives. At this stage of the pandemic, however, it is critical that our collective efforts continue so that we do not lose the progress we have achieved together. Hospitalizations have leveled, but more work is needed to safely re-open our communities. Prematurely lifting restrictions could easily lead to a large surge in cases.

The Health Officers will also release a set of broad indicators that will be used to track progress in preparedness and response to COVID-19, in alignment with the framework being used by the State of California. Future easing of restrictions requires that each jurisdiction and various sectors continue to rapidly build critical infrastructure and systems to respond to and control the spread of coronavirus infections and to ensure the health care system’s ability to meet demand.

This global pandemic of COVID-19 is still in its early stages. The virus spreads easily, testing capacity is limited and expanding slowly, and vaccine development is just beginning. We expect to be responding to COVID-19 in our communities for a long time. As effective as our efforts have been, if we move too fast to ease restrictions, the potential of exponential spread could have grave impacts to health and wellness of our residents as well as the economy.

The Health Officers of these seven jurisdictions have been working closely together in leading a unified, regional approach, to protect the health and safety of our residents. Details regarding this next phase will be shared later in the week, along with the updated order.

Applications for Pandemic Unemployment Assistance for business owners, self-employed and independent contractors begin April 28

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Information on State and Federal Benefit Payments

From – https://edd.ca.gov/about_edd/coronavirus-2019/pandemic-unemployment-assistance.htm

As part of the federal CARES Act, the new Pandemic Unemployment Assistance (PUA) program helps unemployed Californians who are business owners, self-employed, independent contractors, have limited work history, and others not usually eligible for regular state UI benefits who are out of business or services are significantly reduced as a direct result of the pandemic. The provisions of the program once operational include:

  • Up to 39 weeks of benefits starting with weeks of unemployment beginning February 2, 2020, through the week ending December 26, 2020*, depending on when you became directly impacted by the pandemic.
  • An additional $600 to each PUA weekly benefit amount you may be eligible to receive, as part of the separate CARES Act Pandemic Additional Compensation program. Only the weeks of a claim between March 29 and July 25* are eligible for the extra $600 payments.

* Under the CARES Act of 2020, the $600 additional benefits are available through 07/31/20. However, the U.S. Department of Labor has issued guidance to clarify that, for most Californians, the last full week of benefits will end on 07/25/20. Similarly, the PUA program has a legislative end date of 12/31/20, but for Californians the last full week of benefits will end on 12/26/20.

Benefits can be retroactive to weeks starting on or after February 2, 2020, depending on your last day of work due to COVID-19 and regardless of when you submitted your claim application. The effective date of your claim will begin the Sunday of the week when you last worked and became unemployed due to reasons directly related to COVID-19.

Important Information

Note: Because this is a brand new program, each state will need time to develop all of the necessary system programming, forms, processes, and procedures. This page will be updated as information becomes available, including when and how to apply for these benefits. Once this new complex program is built and staffed, it will likely rival the size of the regular UI program the EDD already administers.

As we work to implement this new program, you can:

Eligibility

The PUA benefits are payable if you don’t qualify for regular UI benefits in California or another state and also do not qualify for State Disability Insurance or Paid Family Leave benefits. This includes:

  • Business owners
  • Self-employed individuals
  • Independent contractors

You can also be eligible if you qualified for regular UI benefits, but have collected all benefits for which they are eligible.

If you are not a citizen of the United States, you cannot be paid PUA benefits unless you were legally permitted to work in the United States at the time such services were performed. In addition, you must be authorized to work for any week of PUA benefits claimed to be eligible for payments.

You must also meet one of the following criteria:

  • You have been diagnosed with COVID-19 or are experiencing symptoms of COVID-19 and are seeking a medical diagnosis.
  • You are unable to work because a health care provider advised you to self-quarantine due to concerns related to COVID-19.
  • A member of your household has been diagnosed with COVID-19.
  • You are providing care for a family member or a member of your household who has been diagnosed with COVID-19.
  • A child or other person in the household for whom you have primary caregiving responsibility is unable to attend school or another facility that is closed as a direct result of the COVID-19 and the school or facility care is required for you to work.
  • You became the breadwinner or major support for a household because the head of the household has died as a direct result of COVID-19.
  • You have to quit your job as a direct result of COVID-19.
  • Your place of employment is closed as a direct result of COVID-19.
  • You were scheduled to start a job that is now unavailable as a direct result of the COVID-19 public health emergency.
  • You are unable to reach the place of employment as a direct result of the COVID-19 public health emergency.
  • If you work as an independent contractor with reportable income, you may also qualify for PUA benefits if you are unemployed, partially employed, or unable or unavailable to work because the COVID-19 public health emergency has severely limited your ability to continue performing your customary work activities, and has thereby forced you to stop working.

Benefit Payments

In order to provide benefits as quickly as possible, payments will be issued in phases. If you qualify for PUA, and depending on the effective date of your PUA claim, the initial payments you will receive are as follows:

  • Phase 1
    $167 per week for each week you were unemployed from February 2, 2020 to March 28, 2020 due to a COVID-19 related reason.
  • Phase 2
    $167 plus $600 per week for each week you were unemployed from March 29, 2020 to July 25, 2020, due to a COVID-19 related reason.
  • Phase 3
    $167 per week, for each week from July 26, 2020 to December 26, 2020, that you are unemployed due to a COVID-19 related reason, up to a total of 39 weeks (minus any weeks of regular UI and certain extended UI benefits that you have received).

Note: If you qualify for your claim to be backdated to an earlier PUA effective date based on your last day of work, you could receive payment for prior weeks you were unemployed due to COVID-19.

You will be required to “certify” for your benefit payment. Certifying is the process of answering basic questions every two weeks that tells us you’re still unemployed and otherwise eligible to continue receiving biweekly payments.

When to File a Claim

We have a dedicated team working around the clock with state partners to build this new program as quickly as possible. The EDD will begin accepting online applications for this program on Tuesday, April 28. This page will be updated with instructions for filing a claim for PUA benefits when details become available.

If you are unsure if you are an independent contractor or an employee who could be eligible for benefits, file for regular Unemployment Insurance benefits and we will determine your eligibility.

After you have filed, refer to our step-by-step UI claims process. You’ll learn what to expect and the actions you need to take through the course of your claim for receiving benefit payments as long as you’re eligible.

County health officer suspends intakes, orders social distancing at homeless shelters

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ORDER OF THE HEALTH OFFICER OF THE COUNTY OF CONTRA COSTA

No. HO-COVID19-07

SUSPENDING INTAKES AT HOMELESS SHELTERS

SOCIAL DISTANCING AT HOMELESS SHELTERS

DATE OF ORDER: April 14, 2020   Please read this Order carefully. Violation of or failure to comply with this Order is a misdemeanor punishable by fine, imprisonment, or both. (California Health and Safety Code, § 120295.)

SUMMARY OF THE ORDER California is in a State of Emergency because of the Coronavirus Disease 2019 (COVID-19) pandemic. The spread of the novel coronavirus that causes COVID-19 is a substantial danger to the health of the public within the County of Contra Costa (“County”). COVID-19 can easily spread between people who are in close contact with one another. This Order is issued based on scientific evidence and best practices as currently known and available to protect vulnerable members of the public from avoidable risk of serious illness or death resulting from exposure to COVID-19. The age, condition, and health of a significant portion of the population of the County place it at risk for serious health complications, including death, from COVID-19. There is growing evidence of transmission risk from infected persons before the onset of symptoms. Thus, all individuals who contract COVID-19, regardless of their level of symptoms (none, mild or severe), may place other vulnerable members of the public at significant risk. Currently, there is no vaccine available to protect against COVID-19 and no specific treatment. The Health Officer of the County of Contra Costa has determined that there is an increased risk of COVID-19 among persons living in large homeless shelters, and that the shelters must be depopulated temporarily to help slow COVID-19’s spread and prevent the healthcare system in the County from being overwhelmed. On April 14, 2020, the depopulation of Bay Area Rescue Mission located at 200 Macdonald Avenue, Richmond CA 94801 (“the Shelter”), will commence.

UNDER THE AUTHORITY OF SECTIONS 101040 AND 120175 OF THE CALIFORNIA HEALTH AND SAFETY CODE, THE HEALTH OFFICER OF THE COUNTY OF CONTRA COSTA (“HEALTH OFFICER”) ORDERS:

  1. Commencing on April 14, 2020 at 2:00 p.m., the owner and operator of the Shelter (collectively “Shelter Operator”) and all staff members and volunteers who work in the Shelter shall suspend the intake of persons to reside at the Shelter, including but not limited to accepting applications, conducting interviews and background checks, or otherwise authorizing any person to stay overnight at the Shelter if the person is not a resident of the Shelter as of the time and date set forth above.
  2. To the extent that the Shelter Operator currently provides or arranges for services to be provided to residents of the Shelter or other homeless persons, other than providing space for overnight stays, those services may continue to be offered, but only on the condition that all participants practice social distancing as set forth in Paragraph 3.
  3. All residents of and other persons who enter the Shelter shall practice social distancing by remaining at least 6 feet away from all other persons while in the Shelter.
  4. This Order shall become effective at 2:00 p.m. on April 14, 2020 and will continue to be in effect until it is extended, rescinded, superseded, or amended in writing by the Health Officer.
  5. Copies of this Order shall promptly be: (1) made available at the Office of the Director of Contra Costa Health Services, 1220 Morello Avenue, Suite 200, Martinez, CA 94553; (2) posted on the Contra Costa Health Services website (https://www.cchealth.org); and (3) provided to any member of the public requesting a copy.
  6. If any provision of this Order or its application to any person or circumstance is held to be invalid, then the reminder of the Order, including the application of such part or provision to other persons or circumstances, shall not be affected and shall continue in full force and effect. To this end, the provisions of this Order are severable.
  7. Questions or comments regarding this Order may be directed to Contra Costa Health Services at (844) 729-8410.

IT IS SO ORDERED:

Chris Farnitano, M.D. Health Officer of the County of Contra Costa   Dated: April 14, 2020

Newsom, Oregon and Washington governors announce western states pact for reopening economies

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States agree region will move toward reopening based on health outcomes

Gov. Newsom makes remarks. Photo: Office of the California Governor.

SACRAMENTO (April 13, 2020) — Today, California Governor Gavin Newsom, Oregon Governor Kate Brown and Washington Governor Jay Inslee announced an agreement on a shared vision for reopening their economies and controlling COVID-19 into the future.

Joint statement from the Governors:

“COVID-19 has preyed upon our interconnectedness. In the coming weeks, the West Coast will flip the script on COVID-19 – with our states acting in close coordination and collaboration to ensure the virus can never spread wildly in our communities.

We are announcing that California, Oregon and Washington have agreed to work together on a shared approach for reopening our economies – one that identifies clear indicators for communities to restart public life and business.

While each state is building a state-specific plan, our states have agreed to the following principles as we build out a West Coast framework:

–Our residents’ health comes first. As home to one in six Americans and gateway to the rest of the world, the West Coast has an outsized stake in controlling and ultimately defeating COVID-19.

–Health outcomes and science – not politics – will guide these decisions. Modifications to our states’ stay at home orders must be made based off our understanding of the total health impacts of COVID-19, including: the direct impact of the disease on our communities; the health impact of measures introduced to control the spread in communities —particularly felt by those already experiencing social disadvantage prior to COVID-19; and our health care systems’ ability to ensure care for those who may become sick with COVID-19 and other conditions. This effort will be guided by data. We need to see a decline in the rate of spread of the virus before large-scale reopening, and we will be working in coordination to identify the best metrics to guide this.

–Our states will only be effective by working together. Each state will work with its local leaders and communities within its borders to understand what’s happening on the ground and adhere to our agreed upon approach.

Through quick and decisive action, each of our states has made significant progress in flattening the curve and slowing the spread of COVID-19 among the broader public. Now, our public health leaders will focus on four goals that will be critical for controlling the virus in the future.

  • Protecting vulnerable populations at risk for severe disease if infected. This includes a concerted effort to prevent and fight outbreaks in nursing homes and other long-term care facilities.
  • Ensuring an ability to care for those who may become sick with COVID-19 and other conditions. This will require adequate hospital surge capacity and supplies of personal protective equipment.
  • Mitigating the non-direct COVID-19 health impacts, particularly on disadvantaged communities.
  • Protecting the general public by ensuring any successful lifting of interventions includes the development of a system for testing, tracking and isolating. The states will work together to share best practices.

COVID-19 doesn’t follow state or national boundaries. It will take every level of government, working together, and a full picture of what’s happening on the ground.

In the coming days the governors, their staff and health officials will continue conversations about this regional pact to recovery.”

Gov. Newsom signs Executive Order providing relief to California small businesses

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Order provides 90-day extension in state and local taxes, including sales tax; extends licensing deadlines and requirements for a number of industries

SACRAMENTO – On Monday, Governor Gavin Newsom signed an executive order that will provide tax, regulatory and licensing extensions for businesses.

The executive order allows the California Department of Tax and Fee Administration (CDTFA) to offer a 90-day extension for tax returns and tax payments for all businesses filing a return for less than $1 million in taxes. That means small businesses will have until the end of July to file their first-quarter returns.

Additionally, the order extends the statute of limitations to file a claim for refund by 60 days to accommodate tax and fee payers.

The executive order also includes extensions that impact state government workers, as well as consumers. For instance, the Department of Motor Vehicles will limit in-person transactions for the next 60 days, allowing instead for mail-in renewals. Additionally, the Department of Consumer Affairs will waive continuing education requirements for several professions, also for the next 60 days.

Further, the order will extend the Office of Administrative Law’s deadlines to review regular department proposed regulations. The order also extends by 60 days the time period to complete investigation of public safety officers based on allegations of misconduct. Finally, deadlines for trainings, investigations, and adverse actions for state workers will also be extended.

A copy of the Governor’s executive order can be found here, and the text of the order can be found here.

For the latest on the state’s COVID-19 response, visit covid19.ca.gov.