>> seth: you never once have been nice about it stay safe. get vaccinated we love you. >> we love you >> seth: thank you for saying it >> we love you >> seth: i feel like when you say it like that it's insincere. >> oh no, we love you, but we mostly need me buddy, you can try all you want but my head is big as hell [ laughter ] ♪ tonight, how close is your county to making the move? we'll tell you when those masks may be coming off where you live. plus, tesla is heading to

texas. the major move announced tonight. and if other companies could be close behind. also the stage is set for tomorrow's epic match up. the giants versus the dodgers, and that's not all. >> we're staffed to the max. we got full staff. we didn't hire anybody, but we have all hands on board. >> how san francisco is bracing for the busiest weekend the city has seen since the pandemic began. good evening and thanks for being with us. we now have a game plan. tonight the guidelines that could puts an end to masking indoors. but here's the deal. the current mask rules are still in effect. >> now, there are three benchmarks you have to hit in your county. health officials are watching transmission rates. hospitalizations and vaccination rates. the magic number? 80%. we begin with bay area's cheryl heard with why taking off your mask depends where you live.

>> reporter: masking up in the bay area has become the norm. >> i'd rather have them off. if it's for safety i'm okay with that as well. >> reporter: taking them off is get a warm reception in walnut creek. >> people have been accepting of it and understanding, so i'm sure it will be a relief when we can take it off. >> reporter: so when will that happen? health officers for all bay area counties except solano are releasing new criteria to lift mask orders in public places. first, the area has to reach the moderate yellow tier for covid-19 transmission for at least three weeks. right now most counties are in the orange tier, except for napa. it's in the red. another criteria, hospitalization rates must be stable and have 80% of the area's population fully vaccinated. that includes kids. if a county is not 80%, eight weeks after a vaccination for kids is approved, health

officers say that will drop the mask rules as long as the other requirements are met. ucsf dr. peter tim hong says these guidelines make sense. >> we have a combination of vaccine immunity. that's going to keep our force field high. therefore i think we're in the right direction. we're not going to be turning back. >> reporter: every county will be different when it comes to lifting the mask mandate. right now all eyes are looking toward the north bay. marin county. its vaccination rate is the highest in the region at 77%. marin county public health officer matt willis says the county is close, but not there yet. >> our hospitalizations have been stable now for weeks. we have 11 people in the hospital in marin. so the most important indicator for us is to continue to reduce the case counts. we'll be watching that very carefully. >> reporter: marin county could be lifting the mask mandate in november. other areas may have to wait a little longer. >> it kind of takes around

christmastime for some counties and we will probably get there sooner in other counties like marin, san francisco, santa clara, san mateo. >> reporter: cheryl hurd, nbc bay area news. speaking of san francisco, san francisco is doing things a little differently now. you may be able to ditch your masks by next friday, but only at certain places. the city says starting october 15th, you can go maskless inside offices, gyms, and fitness centers, also at religious gatherings and indoor college classes as long as all these gatherings are smaller than 100 people and everyone is a regular attendee. also everyone must be fully vaccinated, so no kids under the age of 12. now, the new rules won't apply to stores, bars and restaurants. they'll have to wait until the city hits that stricter criteria that we previously just outlined. okay, this could help boost vaccination rates. pfizer is moving forward with its vaccine for children between the ages of 5 and 11. company officially submitting a request for emergency use

authorization today. that's good news for parents who are anxious to get their kids vaccinated. however, the process is going to take a few weeks. an fda advisory panel is expected to meet october 26 to discuss and look at pfizer's data. the fda has, though, promised to move quickly. an announcement about authorization so could come around halloween. >> it's no secret. elon musk has been frustrated with california's rules and regulations. he's moving tesla from palo alto to austin. what happens to the fremont facility? here's nbc bay area's ian cull. >> reporter: tesla pulling its headquarters out of palo alto and rolling to austin, texas. ceo elon musk making the announcement from the austin assembly plant today. >> it is limited to how big you can scale it in the bay area. >> reporter: musk citing bay area issues. it's tough for employees to afford houses and many have to

come from far away. the fremont factory, however, will stay. >> just to be clear, though, we will be continuing to expand our activities in california. this is not a matter of sort of tesla leaving california. as i said, our intention is to actually increase output from fremont and taking that up to 50%. >> reporter: they are moving where there is no income tax. musk has already moved from l.a. to austin. business leaders say it should ring alarm bells. the bay area and state needs to solve the issue of housing and affordability. >> we've heard it from companies and employers for years. we need to accelerate our progress on some of these issues causing companies like tesla to question whether california is the place for them to grow. >> reporter: others argue it's not bad. other tech hubs are expanding. silicon valley is still the best place for innovation. >> when you look at the access to talent, when you look at the

access to capital, i don't think there's a better place to do business. but when we look at the cost of doing business here we've got a lot of work to do. >> reporter: exactly how many employees will be moving with the new headquarters is still unclear. tesla is still hiring in the bay area. some tech analysts say this move may be as simple as a change of address with major tax relief. ian cull, nbc bay area news. >> ian, thank you. tesla has been part of the palo alto community for more than a decade. tonight the city manager of palo alto called the news disappointing. his statement to us reads, in part, this change reflects the innovative cycle and nature of silicon valley where we are seeing highly mobile companies in our region evolve. we look forward to continuing to adapt to the economic forces at play. on the flip side of the coin, the city of austin, their leaders are celebrating this win. they got oracle to move and now tesla. >> it belongs here. it's a tech company, but importantly it's a tech company

that creates the very clean manufacturing middle skill jobs that austin really needs. >> they're smiling. the governor of texas, you see him here, greg abbott also weighing in. he says texas is the land of opportunity and innovation. we have some breaking news to tell you about out of san jose. multiple fights and a shooting at paypal park. that's where the earthquakes play. the violence breaking out after tonight's soccer game. it was earthquakes versus cruz azul. we'll bring you more information as soon as we get it. some other news breaking from the fire lines this time. four firefighters battling the kmp complex fire burning about three hours east of fresno in sequoia national park are in the hospital tonight. around 3:00 this afternoon a tree fell on the fire crews. they were airlifted to hospitals and are expected to be okay. that fire sparked by lightning nearly a month ago. so far flames have burned more than 85,000 acres.

that fire 11% contained. berkeley police want you to take a close look at this video. do you recognize this man? officers say around 6:30 last wednesday, he followed a teenage girl down gilman street. he then told that girl he was a cop and had a gun and demanded that the girl hug him. she refused and kept walking. but he again told her he was a cop with a gun. anyone with information is urged to call berkeley police. tonight we are learning more about the teenage girl killed in a case of road rage. oakland police say that 15-year-old shamari young was riding in a car with her uncle when someone in another car opened fire. shooting happened overnight on ban croft avenue in east oakland. her mother says her daughter loved her family and that she was very protective of her younger siblings. police showed a video of her mother's plea to find the gunman. >> this is senseless and we need to get together and find out who did this. it's not called snitching.

it's called protecting your city, you know. you got somebody who is just killing a 15-year-old, that means they'll do it to anybody. >> her death is the city's 109th homicide of the year. oakland has now matched the total for its homicide rate in nearly a decade. take a look. new video from the coast guard that shows the section of the damaged pipe responsible for that major oil spill in orange county. and tonight an update on the investigation into whether a cargo ship anchored if he port of oakland played a part in this disaster. the coast guard started looking into the rotterdam express after the ship made three unusual movements over two days that appeared to put it over the pipeline down south. investigators boarded ship when it moved to the port of oakland, interviewing the crew and looking at the ship's logbook. today the shipping company told us that rotterdam express has been cleared of any involvement in that spill in southern california. >> the coast guards gave us a

message via phone call and concerns that we are no longer under investigation and the vessel is good to go. so she continued her journey to mexico and has left oakland already. >> federal investigators say a back up of cargo ships at the ports may have played a role in that spill. the ships have been forced to anchor off the coast due to overcrowding and one of those anchors may have dragged and broken the oil pipeline. alrighty. can you feel the excitement? it is officially orange october. the giants practice at oracle parka head of tomorrow's big playoff game against the dodgers. so, we have baseball, basketball, and the blue angels. it is going to be a busy weekend in search. for the first time since the pandemic began, the city will host a trio of must-see in-person events. here's nbc bay area's sergio quintana. >> reporter: you can expect it to be busy because of the blue angels and fleet week. there is going to be the

division series for giants and dodgers. but tomorrow is going to be especially busy because the warriors are also playing their first preseason game. if you've been in the city today, you have no doubt already heard the scream of f-18 jet engines overhead. the blue angels are practicing their formations. but they are just one attraction of what promises to be a busy weekend. >> i'm excited for it. i purchased tickets for the giants game, standing room tickets. i don't care, i don't need a seat. >> reporter: the first two games in the dodgers division series is in san francisco just after 6:00 p.m. tomorrow. at mo-mo's across the street they're gearing up. >> we're staffed to the max. we didn't hire anybody, but we have all hands on board. >> reporter: gil says they'll be busy all day until midnight. and in an interesting twist, two san francisco teams will be playing against two los angeles teams as the warriors take on the lakers at chase arena just a few blocks away beginning at

7:00 p.m. it's a big deal for the crew at harmonic brewing. >> we're definitely excited about the warriors. when we opened, they had the last game of the season and then they lost. and so we were open the whole time without the warriors. it was kind of sad. yeah. >> reporter: now they're back. >> now they're back. >> reporter: the crush of a weekend corroid will come with some challenges. san francisco muni will be extending transit hours and adding services to some lines. more traffic and parking officers will be on duty trying to keep drivers moving along, but expect plenty of delays. the trio of major events come as san francisco is seeing a drop in covid-19 infections and high vaccination rates. something residents are definitely thinking about. >> whether it's the warriors or the giants, they're being smart about it, doing vaccine checks, making sure that everyone is vaccinated. so you can go and enjoy the game and do it with a little bit lower risk and a little bit less concern. >> reporter: in san francisco, sergio quintana, nbc bay area news. we are back in 60 seconds with a newly discovered breast

cancer gene. are you at risk? what we are learning and how this discovery could also save lives. and then fighting for their day in court, our investigative unit reveals the delays causing many california's families great pain. tonight the governor is taking action. i'm chief meteorologist jeff ranieri. a few showers for tomorrow morning, and then we're tracking sunshine.

here's a live look at washington, d.c. tonight where the senate has passed a bill to extend the debt limit through early december. now, that bill narrowly passed with a 50-48 vote. so it temporarily ends a partisan standoff just 11 days before the government's deadline to avoid a default. while it passed with no republican votes, ten republicans did join democrats on an earlier vote to bypass the filibuster, letting the bill pass with a simple majority vote. the deal, which is expected to pass in the house, raises the limit by $480 billion. that's the figure that treasury secretary janet yellen says is needed to get through december 3rd. major changes may soon be on the way for terminally ill people who are waiting for their day in court in california. >> the governor signed a new law to address what we first exposed last year. senior investigative investigator shabbat bigad explains what's at stake.

>> reporter: our justice system is still trying to catch up after the pandemic forced court rooms all across california to shut their doors. some courts, in fact, still aren't back to normal. and the backlog means trials have been delayed for months. for the terminally ill, the wait can amount to huge losses. before covid, state law already required that terminally ill plaintiffs get a trial within four months. but during the pandemic, delays stretched far beyond that. as we first told you last year, here in california, dying before the end of your trial could dramatically reduce the amount of money your family can collect as part of a lawsuit. for example, if you've become sick or injured as part of an accident, you can sue for what's known as pain and suffering. but california is one of just five states that actually prevents pain and suffering damages from being awarded after a plaintiff dies. in these kinds of cases, pain and suffering is usually the largest amount victims can sue for. so, not being able to collect

can mean the loss of millions of dollars. government documents we obtained show lawmakers put these restrictions in place back in the 1960s at the urging of insurance companies that were trying to limit payouts. but now the legislature just passed a new bill that would allow family members to sue for pain and suffering even after their loved one passes away. >> a wrongdoer should not get a financial benefit if their victim dies before they have to compensate them. >> reporter: lawyer laurel is with consumers of california and pushed for the new law. >> the people we represent have been grieve usually injured through toxic substances like asbestos. the problem is that the way california law is right now, if someone dies of those injuries that were inflicted on them, their human suffering damages die with them. >> reporter: she days court delays during the pandemic made what was already a crisis even worse.

how often do you have clients who die before they get their day in court? >> i would say it's about a third to a half. >> reporter: in the past, she says, some companies would drag out trials in hopes the victim might pass away before going to court. the new law aims to stop those delays. >> corporations and people who have committed these acts and who have sold toxic substances, who have poisoned communities, they will have an incentive to own up to what they did and set . not let's wait and see if the person dies and we save a lot of money. >> reporter: the law is set to take effect january 1st. plaintiffs must be alive on new year's day in order to benefit from the law in the future. that means anyone who may have died during the pandemic still waiting for their day in court will not be allowed to have family members collect pain and suffering damages on their behalf. also as a compromise with the insurance industry, this law does have an expiration date. unless lawmakers act, it is set to expire in four years.

with the investigative unit, i'm bigad shaban. >> if you have a tip for bigad or anyone else give us a call. you see the information number on our screen. our you can visit the website nbcbayarea.com/investigations. let's bring in chief meteorologist jeff ranieri. jeff, those temperatures are dipping just as the action is ramping up in san francisco. >> i know. you know, this weekend we are going to get into some sunshine and also some warmer temperatures, so this cold air we've been dealing with as you have been talking about, the chilliest air in 120 days is like a short stint here for us. the system that brought us the chilly air today is going to slowly meander across california tomorrow. that's going to keep us with some snow and rain over the sierra. for us that chill, there is also going to be the chance of a few showers as we roll into tomorrow morning. this really just started to emerge over the past 24 hours, but i wanted to let you know about it here at 4:00 in the

morning you can see the spotty chances over the east bay down to about the south bay. we'll hold on that down towards the south bay. san jose, gilroy until about 7:00 a.m., then watch as i advance this, you're going to seen e morning. then if you're headed over to the sierra, do watch out for some rain and some snow. snow totals 1 to 3 inches at the highest levels. let's bring it into tomorrow morning's forecast. and we'll start off with those clouds, then eventually that sun as we talked about, temps in the low to mid 50s. the chilliest weather across the north bay down to 47 degrees. jacket weather for the morning and for a lot of you maybe jacket weather rig going to see temperatures budge a whole bunch, so that means another day with this. i know you like it, right? widespread 60s here from the north bay down to the south bay. here's where it gets interesting. we get that slight chance of a spotty shower. for the morning we get sunshine through the day, and then once we hit tomorrow night around

11:00 p.r passing shower. then after that we're looking all good for that weekend forecast. so let's go ahead and take a look if you're headed out to fleet week tomorrow. bring your sunglasses, take the jacket. the official air show, the one that's up in the sky and just, you know, it never gets old watching, begins tomorrow. we'll also have more performances on saturday and sunday. we've got full coverage at nbcbayarea.com. maybe you're going to do fleet week and then head over to oracle park for game one. i have some cool 50s for the game and clouds. i think saturday is going to be a better forecast, especially for pregame. we'll get in on some sun and temperatures in the mid 60s. on my seven-day forecast in san francisco, we hold with those 60s over the next 7 days. across the inland valleys, we're going to warm up. by sunday 79 degrees. watching out for fire danger monday and tuesday. 15 to 50 mile per hour winds in those mountains. weekend, we're definitely looking all good, y'all. >> tomorrow you could do fleet week.

go to the first few innings of the giants game. and then go over to watch steph curry and lebron for the warriors game. >> i assume we're taking the nbc bay area helicopter. >> sky ranger is going to move us to all these locations. >> we're putting it on jessica's credit card. >> great. >> thanks, jeff. well, just ahead, twitter testing a new feature. what some users will be warned about before they retweets. >> and we have jimmy. >> hey, everyone, the one and only madonna is here today. we have the host of the kids show, reba mcentire. it's a great show. happening now, san mateo county's pfizer covid booster shot clinic is about to open. in fact, it is open if you're 65 and older or have underlying medical conditions, or are at an increased risk for covid exposure because of your job, you're eligible for this booster. six months after getting your second dose. again, this is for the pfizer vaccine. the clinic is open from 8:00 a.m. to 4:00 p.m. at the event center. appointmen

knowledge is power, especially when it comes to cancer. a freelance journalist is sounding the alarm about a little-known genetic mutation that increases the risk for breast cancer. susan berger learned she and two of her daughters have the ge hal b 2. it is often called the third breast cancer gene. while it affects less than 1% of

breast cancer patients, the mutation's impact can be devastating. it increases the risk for breast cancer by 58% for a family history. a person with family history. and 33% for a patient with no family history. it also ups the risk for ovarian and pancreatic cancers. >> here you are, you've done all your homework, you've done all your research, but even you didn't know about this. >> yeah, and toe me it was outrageous. no one ever said after 2014, there's a gene out there you should be tested for. to me that was a huge medical failure. >> doctors say patients screened before 2014 should be tested for pal b 2. those with the mutation can undergo surgery. an example of action powered by knowledge. okay. if you want a warning you're about to step into an intense conversation, you got it. twitter is testing out a new feature. here's how it works. when a user is about to read a threat or an exchange that has

been deemed contentious or heated, a blue alert appears that says, heads up, conversations like this can be intense. twitter is just warning you if you get into some risky waters here. no word when this new feature might be rolled out. up next, kyle shanahan gives us an update on we know it's going to be big. we know it's going to be super fun. but you want to go to tomorrow night's game, the game of the year, you want to go big? all right, go big. dugout club seats, $3,000 a ticket. >> so, if we both go that's -- >> we'd have to sit in each other's laps.

>> what if we're on a budget here, something a little more friendly? 157 bucks to stand, standing room only to get into the ballpark. that kind of works. you can just watch it on tv for free. at the ballpark today, they are getting it all dressed up, cleaning it up. the final preps, the first playoff game at this ballpark in five years. both the giants and dodgers had light workouts today. these are the two best teams in baseball, right, giants 107 wins, dodgers 106 wins. the pressure, though, is going to be intense. the giants' older guys are going to have to calm the younger guys. >> this series is going to be a mad house in both places. from what i understand, this is the first time the giants and the dodgers have ever met in the postseason somehow. so, you know, that just kind of adds fuel to the fire. >> it doesn't feel overwhelming in any way. it feels like the day is just going to start a little bit earlier, and, you know, we're just kind of looking forward to playing exciting intense playoff

caliber baseball. >> cool as a cucumber. >> they're going to feel we have some 49ers news. once again, jimmy g. did not practice. that is stressful. today kyle shanahan says he could practice tomorrow. no decision on who will start sunday in oorz. >> are you okay? >> i don't know. i'm having a tough time with it. >> thursday night football in seattle, seahawks and the rams, that's a problem. that's russell wilson. he bangs up his finger. he leaves the game. seahawks coach pete carroll says it's badly sprained. the rams get a big win. fourth quarter, the td run, l.a. wins 26-17. they're in first place in the 49ers division.

we'll see what those 49ers do on sunday in arizona. >> that's right. we have a lot of stuff going on. whoa, that's a lot for us. that's going to do it for us tonight. hope you have a good evening. >> we'll see you back here tomorrow. >> bye-bye. >> tonight, the major step forward in the race to vaccinate younger children against covid. pfizer officially asking the fda for emergency use authorization for children 5 to 11 saying a smaller dose is safe and effective. how soon could the fda give the green light? dr. jaw is here with what parents need to know. also tonight texas's abortion ban temporarily blocked by a federal judge the immediate impact on women in the state and what's next in the battle. the first images of the damaged pipeline blamed for the california oil spill disaster could it have been caused by a

30 ton anchor. and new tonight, the major class action lawsuit just announced. deadly flash floods and high water rescues in the southeast where the severe weather threat is moving tonight. the senate announcing a deal to raise the debt limit but for how long the sweeping new report detailing then president trump's attempts to overturn the 2020 election what it reveals. the suspect in a texas high school shooting out of jail new video of a fight breaking out moments before shots were fired. and tonight the allegations of bullying from the suspect's family. and 18 former nba players charged. the multimillion dollar scam they're accused of running on the league this is nbc "nightly news" with lester holt. good evening we may be moving rapidly tonight towards emergency approval for covid vaccines for children ages 5 to 11. pfizer today submitting its application for emergency use authorization for kid-sized doses of its vaccine, potentially extending covid