Health officials in Alameda County, where the Fremont factory is based, said late Monday they were aware that Tesla had opened beyond the so-called minimum basic operations allowed during lockdown, and had notified the company it could not operate without a county-approved plan.
In a statement, officials said they expected a proposal from Tesla later on Monday and “hope Tesla will likewise comply without further enforcement measures.” The statement did not specify consequences and said officials would not comment further.
The county’s order says violations are punishable by fine, imprisonment or both.
Alameda County health officials did not respond to requests for comment on whether they would take any steps to shut down factory operations.
A spokeswoman for the Fremont Police Department on Monday said her office was enforcing the lockdown order at the direction of the health department and had been advised that the county is working with Tesla directly.
Separately on Monday, U.S. Treasury Secretary Steven Mnuchin said California should do whatever is necessary to help the electric carmaker reopen its only U.S. vehicle factory if it wants to keep the company in its state.
California Gov. Gavin Newsom on Monday said he spoke to Musk several days ago and that the Tesla founder’s concerns helped prompt the state to begin its phased reopening of manufacturing last week.
“I have not only known that company but I have known its founder for many, many years,” Newsom said in his daily coronavirus press briefing. “I have great reverence for their technology, for their innovative spirit, for their leadership.”
Tesla, which also has a vehicle plant in Shanghai and is building another in Berlin, on Saturday sued the county, alleging it had violated California’s constitution by defying Newsom’s orders allowing manufacturers to reopen.
Musk has discussed opening a second U.S. factory outside California in the past. In a tweet in February, he solicited comments on potentially opening a factory in Texas.
Since his threat to leave California on Saturday, officials from Texas, Georgia, Utah, Oklahoma and Nevada have reached out to Musk on Twitter, encouraging him to relocate to their state.
A Texas official said his county was available immediately to accommodate Tesla and invited the billionaire CEO for a visit.
“We have a motivated, pro-business governor,” Richard Cortez, county judge of Texas’ Hidalgo County, said on Monday. “What we no longer have is a shelter at home mandate.”
Musk in response tweeted: “Note is much appreciated.”
