The California Emergency Services Act requires the Governor to coordinate the State Emergency Plan and any programs necessary for the mitigation of the effects of an emergency in this state, as specified. Existing law requires the Office of Emergency Services to update the State Emergency Plan, on or before July 31, 2015, to include proposed best practices for local governments and nongovernmental entities to use to mobilize and evacuate people with disabilities, and others with access and functional needs, during an emergency or natural disaster.

This bill would require the Office of Emergency Services to update the State Emergency Plan on or before January 1, 2018, and every 5 years thereafter, and would require the plan to be consistent with specified state climate adaptation strategies.

(1)The California Emergency Services Act requires the Governor to coordinate the State Emergency Plan and any programs necessary for the mitigation of the effects of an emergency in this state, as specified. Existing law requires the Office of Emergency Services to update the State Emergency Plan, on or before July 31, 2015, to include proposed best practices for local governments and nongovernmental entities to use to mobilize and evacuate people with disabilities, and others with access and functional needs, during an emergency or natural disaster.

This bill would require the Office of Emergency Services to update the State Emergency Plan on or before January 1, 2018, and every 5 years thereafter, and would require the plan to be consistent with specified state climate adaptation strategies.

(2)Existing law requires the office, in collaboration with specified entities, to develop a comprehensive statewide earthquake early warning system in California through a public-private partnership, as specified. Existing law requires the office to identify funding for the system through single or multiple sources of revenue, and requires those sources to exclude the General Fund and to be limited to federal funds, funds from revenue bonds, local funds, and funds from private sources. Under existing law, the requirement that the office develop the system is not operative until funding is identified, and is repealed if funding is not identified by July 1, 2016.

This bill would discontinue the requirement that the funding sources for the system exclude the General Fund and be limited to federal funds, funds from revenue bonds, local funds, and funds from private sources. The bill would delete the provisions providing for the repeal and the contingent operation of the requirement that the office develop the system. The bill would appropriate $23,100,000 from the General Fund to the office for the purpose of implementing the system.

This bill would declare that it is to take effect immediately as an urgency statute.

(1)The California Emergency Services Act requires the Governor to coordinate the State Emergency Plan and any programs necessary for the mitigation of the effects of an emergency in this state, as specified. Existing law requires the Office of Emergency Services to update the State Emergency Plan, on or before January 1, July 31, 2015, to include proposed best practices for local governments and nongovernmental entities to use to mobilize and evacuate people with disabilities, and others with access and functional needs, during an emergency or natural disaster.

This bill would require the Office of Emergency Services to update the State Emergency Plan on or before January 1, 2018, and every 5 years thereafter, and would require the plan to be consistent with specified state climate adaptation strategies.

(2)Existing law requires the office, in collaboration with the Alfred E. Alquist Seismic Safety Commission and other specified entities, to develop a comprehensive statewide earthquake early warning system in California through a public-private partnership, as specified. Existing law requires the office to identify funding for the system through single or multiple sources of revenue, and requires those sources to exclude the General Fund and to be limited to federal funds, funds from revenue bonds, local funds, and funds from private sources. Under existing law, the requirement that the office develop the system is not operative until funding is identified, and is repealed if funding is not identified by July 1, 2016.

This bill would discontinue the requirement that the funding sources for the system exclude the General Fund and be limited to federal funds, funds from revenue bonds, local funds, and funds from private sources. The bill would delete the provisions providing for the repeal and the contingent operation of the requirement that the office develop the system. The bill would appropriate $23,100,000 from the General Fund to the office for the purpose of implementing the system.

This bill would declare that it is to take effect immediately as an urgency statute.

(1)The California Emergency Services Act requires the Governor to coordinate the State Emergency Plan and any programs necessary for the mitigation of the effects of an emergency in this state, as specified. Existing law requires the Office of Emergency Services to update the State Emergency Plan, on or before January 1, 2015, to include proposed best practices for local governments and nongovernmental entities to use to mobilize and evacuate people with disabilities, and others with access and functional needs, during an emergency or natural disaster.

This bill would require the Office of Emergency Services to update the State Emergency Plan on or before January 1, 2018, and every 5 years thereafter, and would require the plan to be consistent with specified state climate adaptation strategies.

The California Emergency Services Act requires the Governor to coordinate the State Emergency Plan and any programs necessary for the mitigation of the effects of an emergency in this state, as specified. Existing law requires the Office of Emergency Services to update the State Emergency Plan, on or before January 1, 2015, to include proposed best practices for local governments and nongovernmental entities to use to mobilize and evacuate people with disabilities, and others with access and functional needs, during an emergency or natural disaster.

This bill would require the Office of Emergency Services to update the State Emergency Plan on or before January 1, 2017, 2018, and every 5 years thereafter. thereafter, and would require the plan to be consistent with specified state climate adaptation strategies.

The California Emergency Services Act requires the Governor to coordinate the State Emergency Plan and any programs necessary for the mitigation of the effects of an emergency in this state, as specified. Existing law requires the Office of Emergency Services to update the State Emergency Plan, on or before January 1, 2015, to include proposed best practices for local governments and nongovernmental entities to use to mobilize and evacuate people with disabilities, and others with access and functional needs, during an emergency or natural disaster.

This bill would require the Office of Emergency Services to update the State Emergency Plan on or before January 1, 2017, and every 5 years thereafter.

 THIRD READING  

Bill No: AB 1346

Author:

:

Vote: 21

SENATE GOVERNMENTAL ORG. COMMITTEE: 12-0, 6/14/16

AYES: Hall, Bates, Block, Gaines, Galgiani, Glazer, Hernandez, Hill, Hueso, Lara, McGuire, Vidak

NO VOTE RECORDED: Berryhill

SENATE APPROPRIATIONS COMMITTEE: 7-0, 8/11/16

AYES: Lara, Bates, Beall, Hill, McGuire, Mendoza, Nielsen

ASSEMBLY FLOOR: 77-0, 1/28/16 - See last page for vote

SUBJECT:

SOURCE: Author

DIGEST: This bill requires the Office of Emergency Services (OES) to update the State Emergency Plan (SEP) on or before January 1, 2018, and every five years thereafter.

ANALYSIS:

Existing law:

1. Requires the Governor to coordinate the SEP and any programs necessary for the mitigation of the effects of an emergency in this state, as specified.
2. Requires OES to update the SEP, on or before July 31, 2015, to include proposed best practices for local governments and nongovernmental entities to use to mobilize and evacuate people with disabilities and others with access and functional needs, during an emergency or natural disaster.

This bill:

1. Requires OES to update the SEP on or before January 1, 2018, and every five years thereafter.
2. Requires the SEP to be consistent with the following state climate adaption strategies:
   1. The Safeguarding California Plan published by the Natural Resources Agency.
   2. The California Climate Adaption Planning Guide published by the Natural Resources Agency and the Office of Emergency Services.
   3. To the extent applicable, the Internet Web site cal-adapt.org published by the State Energy Resources Conservation and Development Commission.

Background

Purpose of the bill. According to the author, “this bill will help to ensure that the SEP reflects recent advances to emergency management capabilities and changes in the Emergency Services Act. An updated SEP can take into consideration developments in mitigation, preparedness, response, and recovery activities.”

State Emergency Plan. The SEP addresses the state's response to extraordinary emergency situations associated with natural disasters or human-caused emergencies. In accordance with the California Emergency Services Act, the plan describes the methods for carrying out emergency operations, the process for rendering mutual aid, the emergency services of governmental agencies, how resources are mobilized, how the public will be informed and the process to ensure continuity of government during and emergency or disaster.

The SEP is a management document intended to be read and understood before an emergency occurs. It is designed to outline the activities of all California jurisdictions within a statewide emergency management system and embraces the capabilities and resources in the broader emergency management community that includes individuals, businesses, non-governmental organizations, tribal governments, other states, federal government and international assistance.

Related/Prior Legislation

AB 918 (Cooley, Chapter 187, Statutes of 2013) required OES, on or before July 1, 2015, to update the SEP to include proposed best practices for local governments and nongovernmental entities to use to mobilize and evacuate people with disabilities and others with access and functional needs during an emergency or natural disaster.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

According to the Senate Appropriations Committee, OES would incur minor and absorbable costs to update the SEP by January 1, 2018 because they currently make frequent updates pursuant to federal requirements.

SUPPORT: (Verified 8/11/16)

None received

OPPOSITION: (Verified 8/11/16)

None received

ASSEMBLY FLOOR: 77-0, 1/28/16

AYES: Achadjian, Alejo, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Atkins

NO VOTE RECORDED: Travis Allen, Mathis

Prepared by:

8/15/16 20:02:01

**** END ****

SENATE COMMITTEE ON

Senator Ricardo Lara, Chair

2015 - 2016 Regular Session

AB 1346 (Gray) - Office of Emergency Services: State Emergency Plan

*********** ANALYSIS ADDENDUM – SUSPENSE FILE ***********

The following information is revised to reflect amendments

adopted by the committee on August 11, 2016

Bill Summary:

AB 1346 would require the Governor’s Office of Emergency Services (OES) to update the State Emergency Plan (SEP) on or before January 1, 2018 and every five years thereafter, as specified.

Fiscal Impact:

• OES indicates that it would incur minor and absorbable costs to update the (SEP) by January 1, 2018 because they currently make frequent updates pursuant to federal requirements. (General Fund)

Author Amendments:

Delete the urgency clause and all provisions related to the earthquake early warning system (the entirety of Sections 2 and 3 of the May 31, 2016 version of the bill)

-- END --

SENATE COMMITTEE ON

Senator Ricardo Lara, Chair

2015 - 2016 Regular Session

AB 1346 (Gray) - Office of Emergency Services: State Emergency Plan and statewide earthquake early warning system

This bill meets the criteria for referral to the Suspense File.

Bill Summary:

AB 1346, an urgency measure, would delete funding restrictions and conditions that must be met before the Office of Emergency Services (OES) can take actions to establish a statewide earthquake early warning system (EEWS), including an existing prohibition against using the General Fund for that purpose, as well as a deadline to identify funds by a July 1, 2016 sunset date. The bill would also require OES to update the State Emergency Plan on or before January 1, 2018 and every five years thereafter, as specified.

Fiscal Impact:

• Initial estimated capital costs of approximately $28 million (General Fund) to establish the EEWS, according to a recent EEWS Project Implementation Framework report (see staff comments). Staff notes that the 2016-17 Budget includes a one-time General Fund appropriation of $6.875 million for capital funding for EEWS purposes.
  
• Ongoing annual administrative costs of approximately $17 million (General Fund) beginning in 2017-18, according to the Project Implementation Framework report (see staff comments). Staff notes that the 2016-17 Budget includes a one-time General Fund appropriation of $3.125 million for state operations related to the development of the EEWS: $734,000 for 4 PY of staff at OES, $150,000 for a financial strategy contract, and $2.241 million for public education and training.
  
• OES indicates that it would incur minor and absorbable costs to update the State Emergency Plan (SEP) by January 1, 2018 because they currently make frequent updates pursuant to federal requirements.

Background:

California is the second most seismically active state in the country, behind Alaska. The Uniform California Earthquake Rupture Forecast (UCERF) forecasts a 99.7% chance of a magnitude 6.7 or larger earthquake in the state during the next 30 years. Some countries that experience high seismic activity have developed early earthquake warning (EEW) systems. Currently, Japan is the only country with a nationwide system, while Turkey, Mexico, Taiwan, and others have implemented local systems. Generally, these detection systems are based upon the finding that the first waves emanating from the epicenter of the earthquake, primary waves (P-waves), cause less damage but travel faster than the slower and damage-causing secondary waves (S-waves). This “single-station” approach can be used in conjunction with a “network approach” that combines signals from a regional seismic network of sensors that is capable of characterizing large and complex earthquakes as they evolve. EEW systems harness the sensor signals and provide a warning to the public and active users of the system before a shaking event. Depending on the distance from the epicenter, these systems can provide advanced warning time ranging from seconds to minutes, outside a 20-mile “blind zone” near an epicenter. This would allow for emergency shutdowns of critical infrastructure, such as trains, utilities, and industrial processes, and allow the general public to take protective action.

The California Geological Survey (CGS), within the Department of Conservation, currently operates over 5,000 seismic instruments that monitor ground movement around the state through the Strong Motion Instrumentation Program (SMIP). This is the largest portion of the broader California Integrated Seismic Network (CISN), which is comprised of 1,900 monitoring sites operated in partnership with the U.S. Geological Survey, Caltech, and the UC Berkeley Seismological Lab. Information from these instruments is used for research and planning purposes, and to produce “Shakemaps,” which inform emergency responders where the worst shaking occurred within minutes of an earthquake. The U.S. Geological Survey is currently operating a small warning system pilot program based on this instrumentation network, and additional federal and foundation grants have been awarded to support the development of a local earthquake early warning system for the Los Angeles and Long Beach areas.

Existing inoperative law requires OES, in collaboration with specified entities, to develop a comprehensive statewide EEWS that includes specified features through a public-private partnership. This provision is only operative if OES identified funding for the system from non-General Fund sources, including federal funds, revenue bonds, local funds, and private funds, by July 1, 2016. If the funding is not identified by that date, the requirement to establish an EEWS is repealed.

Proposed Law:

AB 1346, an urgency measure, would delete restrictions and conditions for funding and establishing an EEWS, and require OES to update the SEP every five years. Specifically, this bill would:

• Delete provisions that prohibit OES from identifying the General Fund as a funding source for the purpose of establishing the EEWS.
• Delete provisions that limit EEWS funding to federal funds, revenue bond funds, local funds, and private funds.
• Delete provisions indicating that the requirement to establish the EEWS is inoperative until OES identifies non-General Fund funding for that purpose
• Delete provisions that repeal the statute on July 1, 2016 if non-General Fund funding for the EEWS is not identified by that date, and delete a requirement for OES to notify the Secretary of State that funding was not identified by that date.
• Require OES to update the SEP by January 1, 2018 and every five years thereafter, and require the SEP to be consistent with the Safeguarding California Plan, the California Climate Adaptation Planning Guide, and the internet website cal-adapt.org, as specified.

Related Legislation:

SB 135 (Padilla), Chap. 342/2013, requires OES to establish a statewide EEWS, as specified. This requirement is only operative after OES identifies non-General Fund funding for the system, and only if it does so by January 1, 2016.

SB 494 (Hill), Chap. 799/2015, established the California Earthquake Safety Fund to be used for seismic safety and earthquake-related programs, including the EEWS, and extended the OES deadline for identifying non-General funds for the system until July 1, 2016.

Staff Comments:

Despite the restrictions in the recently repealed law that explicitly state that the requirement to establish an EEWS in consultation with stakeholders is inoperative until OES identifies sufficient funding, OES established a working group in 2013 to formally initiate the EEWS planning process. The working group released a “California Earthquake Early Warning System, Project Implementation Framework” in April of this year. The Implementation Framework describes how the EEWS could be implemented for public use by building upon the existing CISN and ShakeAlert systems, including a five-year implementation schedule that outlines governance needs, capital and operational needs, and system deployment and public outreach plans. The Framework calls for expanding the current sensor network by 646 EEW-capable seismic stations (from the current 469 stations), improving field telemetry for data communications, constructing and upgrading central processing and notification centers, establishing public notification paths, raising awareness through public education efforts, and building in incremental performance improvements. The Project Implementation Framework report also includes a cost estimate that calls for one-time capital expenditures of $22 million for new and upgraded seismic stations, GPS equipment, telemetry, microwave nodes, and other overhead costs, one-time costs of $6 million to develop a public education and outreach program (including social science, public health, and risk communications research), and ongoing personnel and operating costs of $17 million annually.

Staff notes that the 2016-17 Budget includes a one-time General Fund appropriation of $10 million to support the implementation of the California EEWS. According to the Budget Change Proposal (BCP) submitted by OES with the Governor’s May Revision, $6.875 million will be used for capital costs, including seismic stations, GPS equipment, telemetry, and microwave nodes, and $3.125 million will be used for “recurring costs” of $2.241 million for public education and training, $150,000 for a financial strategy, and $734,000 for 4 permanent PY of OES staffing (even though the funding is one-time). The BCP cited the statutory requirement for OES to establish the EEWS as justification for the funding, but failed to note the following: (1) that OES is prohibited from identifying the General Fund as a funding source for purposes of establishing the EEWS; (2) that the requirement to establish the EEWS is inoperative until OES identifies sufficient non-General Fund resources for that purpose; and (3) that the statutory requirement was set to expire before the budget year began.

Staff notes that the funding restrictions (limiting the EEWS funding sources to federal funds, revenue bond funds, local funds, and private funds), as well as the deadline to identify funds (both conditions that this bill seeks to delete), were amended into SB 135 by this Committee when it was released from the Suspense File and approved on May 23, 2013.

-- END --

SENATE COMMITTEE ON GOVERNMENTAL ORGANIZATION

Senator Isadore Hall, III

Chair

2015 - 2016 Regular

Bill No: AB Hearing Date: 6/14/2016

SUBJECT:

DIGEST: This bill discontinues the requirements that the funding sources for the earthquake early warning system in California exclude the General Fund. Additionally, the bill requires the Office of Emergency Services (OES) to update the State Emergency Plan (SEP) on or before January 1, 2018, and every five years thereafter.

ANALYSIS:

Existing law:

1. Requires the Governor to coordinate the SEP and any programs necessary for the mitigation of the effects of an emergency in this state, as specified.
2. Requires OES to update the SEP, on or before July 31, 2015, to include proposed best practices for local governments and nongovernmental entities to use to mobilize and evacuate people with disabilities and others with access and functional needs, during an emergency or natural disaster.
3. Requires OES, in collaboration with specified entities, to develop a comprehensive statewide earthquake early warning system in California through a public-private partnership, as specified.
4. Requires OES to identify funding for the system through single or multiple sources of revenue, and requires those sources to exclude the General Fund and to be limited to federal funds, funds from revenue bonds, local funds, and funds from private sources.
5. Specifies that the requirement that OES develop the earthquake early warning system is not operative until funding is identified, and is repealed if funding is not identified by July 1, 2016.

This bill:

1. Discontinues the requirement that the funding sources for the earthquake early warning system exclude the General Fund and be limited to federal funds, funds from revenue bonds, local funds, and funds from private sources.
2. Deletes the provisions providing for the repeal and the contingent operation of the requirement that OES develop the earthquake early warning system.
3. Requires OES to update the SEP on or before January 1, 2018, and five years thereafter.
4. Requires the SEP to be consistent with the following state climate adaption strategies:
   1. The Safeguarding California Plan published by the Natural Resources Agency.
   2. The California Climate Adaption Planning Guide published by the Natural Resources Agency and the Office of Emergency Services.
   3. To the extent applicable, the Internet Web site cal-adapt.org published by the State Energy Resources Conservation and Development Commission.

Background

Purpose of the bill. According to the author, “in 2013, SB 135 (Padilla) was enacted to require OES to develop a comprehensive statewide earthquake early warning system. The law prohibits the use of General Funds and requires the funding to come from public-private partnerships. Unfortunately, those partnerships and funding have yet to materialize. Funding a statewide earthquake early warning system to help save lives and protect the public before temblors strike is essential to public safety and merits the use of public funds.”

As part of the Fiscal Year 2016-17 budget, Governor Brown has proposed a $10 million allocation for an earthquake early warning system in California. However, because current law prohibits the use of General Funds, this bill is needed to allow the $10 million to be allocated.

How do Earthquake Early Warning Systems Work. While earthquakes cannot be predicted or prevented, using advanced science and technology has in the past detected seismic activity and provided advanced warning. The objective of earthquake early warning systems is to rapidly detect the occurrence of an earthquake, estimate the level of ground shaking to be expected, issue a warning before significant ground shaking begins, and estimate the location and the magnitude of the earthquake. This is not the same as earthquake prediction, which currently is not possible.

When an earthquake occurs, the earthquake produces different types of shock waves, which travel at different speeds. The fastest and weakest of these waves are called P-waves. Technology exists that can detect the energy from P-waves to estimate the location and the magnitude of the earthquake. This method can provide warning before the more destructive S-wave arrives. The S-wave is responsible for most of the strong shaking that usually creates the most damage during earthquakes.

The amount of warning time at a particular location depends on the distance from the earthquake epicenter. Locations very close to the earthquake epicenter will receive relatively little or no warning whereas locations far removed from the earthquake epicenter would receive more warning time but may not experience damaging shaking.

Studies on earthquake early warning methods in California concluded that the warning time would range from a few seconds to a few tens of seconds, depending on the distance from the earthquake epicenter. However, very large earthquakes emanating from the San Andreas Fault could produce significantly more warning time because the affected area would be much larger.

Regardless of the warning time, earthquake early warning systems can provide adequate time to slow down and stop trains, stop cars from entering tunnels, automatically shut down dangerous machinery, and countless other benefits. Taking such actions before an earthquake arrives can reduce damage and casualties during and after an earthquake.

Earthquake early warning systems are currently in place in Japan and Mexico and many other countries throughout the world are currently in the process of developing such systems.

Overview of SB 135. In 2013 the California Legislature passed and the Governor signed SB 135 (Chapter 342, Statutes of 2013), which requires OES in collaboration with various entities, to develop a comprehensive statewide earthquake early warning system in California. The bill further requires OES to identify funding for the system but specifically prohibits General Fund money to be used. SB 135 also specifies that if funding is not identified by January 1, 2016, the provisions of the bill will be repealed. A later bill, SB 494 (Chapter 799, Statues of 2015), delayed this dateline to July 1, 2016.

OES is currently in the process of identifying funding for the project and has set up a working group composed of the United State Geological Survey, the California Geological Survey, California Seismic Safety Commission, UC Berkeley Seismological Laboratory, California Institute of Technology as well as other interest groups to establish best practices for an earthquake early warning system in California.

The California Geological Survey (CGS) estimates its costs associated with developing the system would be approximately $23 million in the first year and approximately $16 million annually thereafter. These costs include realigning CGS' ground stations, purchasing additional instrumentation, upgrading existing instrumentation and communications networks, and staffing the system 24 hours a day, seven days a week.

State Emergency Plan. The SEP addresses the state's response to extraordinary emergency situations associated with natural disasters or human-caused emergencies. In accordance with the California Emergency Services Act, the plan describes the methods for carrying out emergency operations, the process for rendering mutual aid, the emergency services of governmental agencies, how resources are mobilized, how the public will be informed and the process to ensure continuity of government during and emergency or disaster.

The SEP is a management document intended to be read and understood before an emergency occurs. It is designed to outline the activities of all California jurisdictions within a statewide emergency management system and embraces the capabilities and resources in the broader emergency management community that includes individuals, businesses, non-governmental organizations, tribal governments, other states, federal government and international assistance.

Prior/Related Legislation

SB 494 (Hill, Chapter 799, Statues of 2015) created the California Earthquake Safety Fund to be used for seismic safety and earthquake-related programs, including the earthquake early warning system and requires the identification of funding of the earthquake early warning system to occur by July 1, 2016.

AB 918 (Cooley, Chapter 187, Statutes of 2013) required OES, on or before July 1, 2015, to update the SEP to include proposed best practices for local governments and nongovernmental entities to use to mobilize and evacuate people with disabilities and others with access and functional needs during an emergency or natural disaster.

SB 31 (Padilla Chapter 342, Statutes of 2013) required OES, in collaboration with various entities, to develop a comprehensive statewide earthquake early warning system in California.

AB 928 (Blakeslee, 2009) would have required the High-Speed Rail Authority to develop an earthquake early warning system and coordinate development of that system with various state agencies. (Held in Assembly Governmental Organization Committee)

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No

SUPPORT:

American Red Cross

California Fire Chiefs Association

California State Firefighters’ Association

City of Los Angeles

Computing Technology Industry Association

Fire Districts Association of California

San Francisco Bay Area Rapid Transit District

Silicon Valley Leadership Group

OPPOSITION:

None received

ARGUMENTS IN SUPPORT: According to the American Red Cross, “an earthquake early warning system is crucial in California, as it is the second most seismologically active state, where a large portion of the annual national monetary losses resulting from earthquakes occur. Funding is needed to install the necessary seismic sensors, employ the telecommunications technology, and to implement the system in an efficient, working manner”

ASSEMBLY THIRD READING

ATR Bill Id:AB 1346

Author:(Gray)

As Amended Ver:January 26, 2016

Majority vote

SUMMARY: Requires the Office of Emergency Services (OES) to update the State Emergency Plan (SEP) on or before January 1, 2018, and every five years thereafter. Specifically, this bill:

1. Provides OES shall update the State Emergency Plan on or before January 1, 2018, and every five years thereafter.
2. Specifies to the extent applicable, OES shall ensure SEP is consistent with the following state climate adaptation strategies:
   1. The Safeguarding California Report published by the Natural Resources Agency;
   2. The California Adaptation Planning Guide published by the Natural Resources Agency;
   3. Cal-Adapt, the website published by the California Energy Commission.

EXISTING LAW:

1. Establishes OES by the Governor's Reorganization Plan No. 2, operative July 1, 2013.
2. Requires OES to perform a variety of duties with respect to specified emergency preparedness, mitigation, and response activities in the state, including emergency medical services.
3. Specifies that SEP shall be in effect in each political subdivision of the state, and the governing body of each political subdivision shall take such action as may be necessary to carry out the provisions thereof.
4. Requires the Governor to coordinate SEP and those programs necessary to mitigate the effects of an emergency.
5. Requires the Governor to coordinate the preparation of plans and programs for the mitigation of the effects of an emergency by the political subdivisions of the State of California, such plans and programs to be integrated into and coordinated with SEP and the plans and programs of the federal government and of other states to the fullest possible extent.
6. Specifies that the Governor may, in accordance with SEP, authorize programs for the mitigation of the effects of an emergency, as specified.
7. Requires OES to update SEP, on or before January 1, 2015, to include proposed best practices for local governments and nongovernmental entities to use to mobilize and evacuate people with disabilities and others with access and functional needs, during an emergency or natural disaster.

FISCAL EFFECT: According to the Assembly Appropriations Committee, absorbable state costs.

COMMENTS:

Purpose of the bill: According to the author's office, this bill will help to ensure the SEP reflects recent advances in emergency management capabilities and changes in the Emergency Services Act (Act). OES currently follows the Federal Emergency Management Agency's Comprehensive Preparedness Guide 101 for the State Emergency Plan, which requires revisions every three years. (OES completed formal updates to the plan in 2009 and 2012, and expects to complete the next formal update this year.)

An updated SEP can take into consideration developments in mitigation, preparedness, response, and recovery activities. In addition, revision of this plan will reflect changes in the structure and function of California governmental agencies. This includes changes in roles, responsibilities, and the addition of new departments. Revisions to SEP would also reflect federal government agency roles, which have changed and/or been modified.

The author's office states, California has long been a leader in preparing for emergencies and disasters, both natural and human-caused. An updated SEP will further provide a framework for the best possible management of emergencies and assistance to all Californians when disaster strikes.

Background:

Disaster Acts in California: The California Disaster Act (Disaster Act) was enacted by the State Legislature in 1945. The Disaster Act combined responsibility for planning and preparing for emergencies, whether natural, technological and human-caused into a single state agency. The Act was enacted in 1970 to supersede the Disaster Act. The new Act established the Governor's OES with a Director reporting to the Governor. OES was given responsibility to coordinate statewide emergency preparedness, post emergency recovery and mitigation efforts, and the development, review, approval, and integration of emergency plans.

State Emergency Plan: On June 23, 2009, Governor Arnold Schwarzenegger promulgated the 2009 edition of the SEP. The plan, in accordance with the Act addresses the state's response to extraordinary emergency situations associated with natural disasters or human-caused emergencies. SEP is a management document intended to be read and understood before an emergency occurs. In accordance with the Act, the SEP describes the methods for carrying out emergency operations, the process for rendering mutual aid, the emergency services of governmental agencies, how resources are mobilized, how the public will be informed and the process to ensure continuity of government during an emergency or disaster.

It is designed to outline the activities of all California jurisdictions within a statewide emergency management system and it embraces the capabilities and resources in the broader emergency management community that includes individuals, businesses, non-governmental organizations, tribal governments, other states, federal government and international assistance.

Prior legislation: AB 918 (Cooley), Chapter 187, Statutes of 2013. Required OES, on or before July 31, 2015, to update SEP to include proposed best practices for local governments and nongovernmental entities to use to mobilize and evacuate people with disabilities and others with access and functional needs during an emergency or natural disaster.

AB 2327 (Caballero), Chapter 361, Statutes of 2008. Required disaster-related services and assistance agencies to strive to ensure that all victims receive the assistance they need and for which they are eligible. Required public employees to assist evacuees and others in securing disaster-related assistance and services without eliciting any information or document that is not strictly necessary to determine eligibility under state and federal laws.

AB 1421 (Levine), of the 2007-08 Regular Session. Required OES to develop a requirement for specified local agencies to develop a registry for each California County of elderly and non-elderly disabled so that those people could be notified and assisted in evacuations. (Held in the Assembly Appropriations Committee)

SB 1451 (Kehoe), Chapter 600, Statutes of 2006. Required the Director of OES to appoint representatives of the disabled community to serve on State Emergency Management System committees, ensure committee recommendations include the needs of people with disabilities, produce a report containing recommendations for evacuating the disabled, and work on producing informational materials.

Analysis Prepared by: Eric Johnson / G.O. / (916) 319-2531 FN: 0002587

Date of Hearing: January 21, 2016

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Jimmy Gomez, Chair

ABPCA Bill Id:AB 1346

Author:(Gray) – As Introduced Ver:February 27, 2015

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY:

This bill requires the Office of Emergency Services (OES) to update the State Emergency Plan on or before January 1, 2017, and every 5 years thereafter.

FISCAL EFFECT:

Absorbable costs.

COMMENTS:

1) Purpose. According to the author, AB 1346 will ensure the State Emergency Plan reflects recent advances in emergency management capabilities, including developments in mitigation, preparedness, response, and recovery activities. Revisions to the plan will also reflect changes in the structure and function of federal and state government agencies.

2) State Emergency Plan Update Practice. OES currently follows the Federal Emergency Management Agency's Comprehensive Preparedness Guide 101 for the State Emergency Plan, which requires revisions every 3 years. (OES completed formal updates to the plan in 2009 and 2012, and expects to complete the next formal update this year.)

OES considers the State Emergency Plan to be a dynamic document, and often makes less formal updates more frequently. The plan may also be updated at the request of the Governor at any time. Given current practice at OES is to formally update the plan more often than is required by this bill, it does not expect to incur any changes in practice or additional compliance costs. The Committee may wish to consider whether formalizing updates in statute is warranted given current OES approach and practice.

3) Climate Change Impacts and Adaptation Strategies.   Although California is leading the way on GHG emission reductions, climate impacts on our natural environment are still occurring. Many impacts, including increased fires, floods, severe storms and heat waves, will only become more frequent and dangerous.  

To prepare for and adapt to the catastrophic effects of climate change, the California Natural Resources Agency (NRA) published the Safeguarding California Report to identify the state's vulnerabilities. Specifically, the report outlines primary risks to residents, property, communities and natural systems. 

The California Adaptation Planning Guide, also published by the NRA, provides a step-by- step process for local and regional governments interested in climate vulnerability assessment and adaptation strategies.  Additionally, Cal-Adapt, a web-based climate adaptation planning tool, identifies potential climate change risks in specific areas throughout the state. Users can either query by location, or click on an interactive map to explore what climate impacts are projected to occur in their area of interest.

In light of the anticipated catastrophic effects of climate change, the author may wish to amend the bill to require OES to develop future State Emergency Plans consistent with the Safeguarding California Report, the California Adaptation Planning Guide, and Cal-Adapt.

4) Technical Amendment. This bill, if enacted, would take effect January 1, 2017. This is the same day the bill requires OES to update the plan.

The author may wish to adjust this requirement in the bill to reflect a future date.

Analysis Prepared by: Jennifer Galehouse/ APPR. / (916) 319-2081

Date of Hearing: April 22, 2015

ASSEMBLY COMMITTEE ON GOVERNMENTAL ORGANIZATION

Adam Gray, Chair

ABPCA Bill Id:AB 1346

Author:(Gray) – As Introduced Ver:February 27, 2015

SUBJECT: State Emergency Plan

SUMMARY: Would require the Office of Emergency Services (Cal OES) to update the State Emergency Plan (SEP) on or before January 1, 2017, and every 5 years thereafter.

EXISTING LAW:

1) Establishes the Cal OES by the Governor's Reorganization Plan No. 2, operative July 1, 2013.

2) Requires Cal OES to perform a variety of duties with respect to specified emergency preparedness, mitigation, and response activities in the state, including emergency medical services.

3) Specifies that the SEP shall be in effect in each political subdivision of the state, and the governing body of each political subdivision shall take such action as may be necessary to carry out the provisions thereof.

4) Requires the Governor to coordinate SEP and those programs necessary to mitigate the effects of an emergency.

5) Requires the Governor to coordinate the preparation of plans and programs for the mitigation of the effects of an emergency by the political subdivisions of the State of California, such plans and programs to be integrated into and coordinated with SEP and the plans and programs of the federal government and of other states to the fullest possible extent.

6) Specifies that the Governor may, in accordance with SEP, authorize programs for the mitigation of the effects of an emergency, as specified.

7) Requires Cal OES to update SEP, on or before January 1, 2015, to include proposed best practices for local governments and nongovernmental entities to use to mobilize and evacuate people with disabilities and others with access and functional needs, during an emergency or natural disaster.

FISCAL EFFECT: Unknown

COMMENTS:

Purpose of the bill: According to the author's office, this bill will help to ensure that SEP reflects recent advances in emergency management capabilities and changes in the Emergency Services Act (Act). The overall plan has not been updated since 2009; specific provisions of SEP were scheduled to be updated in 2014. An updated SEP can take into consideration developments in mitigation, preparedness, response, and recovery activities. In addition, revision of this plan will reflect changes in the structure and function of California governmental agencies. This includes changes in roles, responsibilities, and the addition of new departments. Revisions to SEP would also reflect federal government agency roles, which have changed and/or been modified.

The author's office states, California has long been a leader in preparing for emergencies and disasters, both natural and human-caused. An updated SEP will further provide a framework for the best possible management of emergencies and assistance to all Californians when disaster strikes.

Background:

Disaster Acts in California: The California Disaster Act was enacted by the State Legislature in 1945. The Act combined responsibility for planning and preparing for emergencies, whether natural, technological and human-caused into a single state agency. The California Emergency Services Act was enacted in 1970 to supersede the California Disaster Act. The new Act established the Governor's Office Emergency Services with a Director reporting to the Governor. The office was given responsibility to coordinate statewide emergency preparedness, post emergency recovery and mitigation efforts, and the development, review, approval, and integration of emergency plans.

State Emergency Plan: On June 23, 2009, Governor Arnold Schwarzenegger promulgated the 2009 edition of the State of California Emergency Plan. The plan, in accordance with the California Emergency Services Act addresses the state's response to extraordinary emergency situations associated with natural disasters or human-caused emergencies. SEP is a management document intended to be read and understood before an emergency occurs. In accordance with the Act, the plan describes the methods for carrying out emergency operations, the process for rendering mutual aid, the emergency services of governmental agencies, how resources are mobilized, how the public will be informed and the process to ensure continuity of government during an emergency or disaster.

It is designed to outline the activities of all California jurisdictions within a statewide emergency management system and it embraces the capabilities and resources in the broader emergency management community that includes individuals, businesses, non-governmental organizations, tribal governments, other states, federal government and international assistance.

Prior legislation: AB 918 (Cooley), Chapter 187, Statutes of 2013. Required Cal OES, on or before July 31, 2015, to update SEP to include proposed best practices for local governments and nongovernmental entities to use to mobilize and evacuate people with disabilities and others with access and functional needs during an emergency or natural disaster.

AB 2327 (Caballero), Chapter 361, Statutes of 2008. Required disaster-related services and assistance agencies to strive to ensure that all victims receive the assistance they need and for which they are eligible. It requires public employees to assist evacuees and others in securing disaster-related assistance and services without eliciting any information or document that is not strictly necessary to determine eligibility under state and federal laws.

AB 1421 (Levine), 2007-2008 Session. Required OES to develop a requirement for specified local agencies to develop a registry for each California County of elderly and non-elderly disabled so that those people could be notified and assisted in evacuations. (Held in Assembly Appropriations)

SB 1451 (Kehoe), Chapter 600, Statutes of 2006. Required the Director of OES to appoint representatives of the disabled community to serve on State Emergency Management System committees, ensure committee recommendations include the needs of people with disabilities, produce a report containing recommendations for evacuating the disabled, and work on producing informational materials.

REGISTERED SUPPORT / OPPOSITION:

Support

California State Firefighters’ Association

Opposition

None on file

Analysis Prepared by: Eric Johnson / G.O. / (916) 319-2531