This editorial board has long lamented the abuse of emergency powers giving California governors vast discretion to do what they see fit in response to emergencies they themselves declare.

“Yes, governors need additional powers during an emergency, but our system was designed with checks and balances because one leader isn’t the font of all wisdom,” we argued in 2020 in response to Newsom’s arbitrary flexing of authority during the pandemic. “The Legislature needs to reassert its power — a point reinforced by a court decision reining in Newsom’s executive authority.”

In 2023, we again pointed out the problem with indefinite emergency declarations, writing, “Years-long emergencies can’t become a tool to help political allies or to implement policies and programs that lack the support to pass through the regular legislative process. That’s an abuse of power.”

At that time, we recommended automatic terminations to declared emergencies after 30 days, unless specifically reauthorized.

We mention all of this because, earlier this month, the nonpartisan Legislative Analyst’s Office issued a report outlining the problems of emergency powers as currently constituted and how the Legislature can bring some balance.

Among other problems flagged by the LAO, “the Governor’s emergency spending authorities are extremely broad and allow the Governor to spend an essentially unlimited amount of funds on emergency-related activities with very little opportunity for the Legislature to provide effective oversight. For example, CESA spending authorities have no legislative notification or reporting requirements.”

This is far too much power to cede to any one person without accountability.

Accordingly, the LAO suggests establishing sunset provisions for emergency declarations, requiring the governor’s office to provide the Legislature with information ahead of any renewal and/or setting explicit guardrails for when emergencies can be declared if existing processes suffice.

These are all great ideas worth pursuing. Regardless of the intentions of the current or any other governor, power must be divided to prevent any one person from abusing power and broadening the decision-making process.