The limitation that this legislation only goes into effect after the Governor declares/proclaims an emergency is critical since the first minutes and first hours of emergency response are the most important in saving lives and protecting property.
Who is going to take the heat when someone dies because the nearby retired and/or volunteer doctor could not be told that the governor had declared an emergency to protect him (and his life savings) from some (potentially) litigious victim? This can happen from a serious traffic accident to a 9.0 earthquake.
If we are empowering our trained first responders to make life and death decisions, we need to allow them to (on the scene as Incident Commander) to proclaim an emergency and get victims any available help immediately, not after the Governor has consulted with her staff, contemplated her navel, and decided to invoke this law.