Existing law establishes the Office of Emergency Services within the office of the Governor and under the supervision of the Director of Emergency Services and makes the office responsible for the states emergency and disaster response services for natural, technological, or manmade disasters and emergencies.

This bill would require the office to conduct a study to determine the feasability of establishing a contract with the United States Postal Service to obtain the assistance of the United States Postal Service with emergency response during a declared disaster, as specified. This bill would require the office to prepare a report on the findings of the study and submit that report to the Legislature on or before January 1, 2018.

Existing law requires the Governor to establish a state toxic disaster contingency plan that provides for an integrated and effective state procedure to respond to the occurrence of toxic disasters within the state.

This bill would require the Office of Emergency Services to post the state toxic disaster contingency plan on its Internet Web site.

SENATE COMMITTEE ON GOVERNMENTAL ORGANIZATION

Senator Isadore Hall, III

Chair

2015 - 2016 Regular

Bill No: SB Hearing Date: 4/12/2016

SUBJECT:

DIGEST: This bill requires the California Office of Emergency Services (OES) to conduct a study to determine the feasibility of establishing a contract with the United States Postal Service (USPS) to obtain the assistance of the USPS with emergency response during a declared disaster, as specified.

ANALYSIS:

Existing law:

1. Establishes OES, within the office of the Governor, which is responsible for the state’s emergency and disaster response services for natural, technological, or manmade disasters and emergencies.
2. Specifies that during a state of emergency the Governor shall, to the extent he deems necessary, have complete authority over all agencies of the state government and the right to exercise within the area designated all police power vested in the state by the Constitution and laws of the State of California.

This bill:

1. Requires OES to conduct a study to determine the feasibility of establishing a contract with USPS to obtain the assistance of the USPS with emergency response during a declared disaster.
2. Specifies that the study shall include, but is not limited to, an examination of the use of USPS employees, resources, and assets to provide the following:
   1. An identification of residential or commercial structures that have been damaged as a result of a declared emergency.
   2. An identification of persons who reside in an area damaged by a declared emergency, and any emergency medical or physical needs of those persons.
   3. Assistance in assessing damage to neighborhoods or schools as a result of a declared emergency.
   4. Any other activity that OES deems necessary to assist in responding to a declared disaster.

Background

Purpose of the bill. According to the author, “thousands of California residents are affected by emergencies and natural disasters every year. Whether it be mudslides, fires, floods, earthquakes and even neighborhood wide gas leaks, our first responders work together to use all available resources to aid our state’s citizens. While current protocol allows both federal and state agencies to work together to provide needed assistance in times of turmoil, there is still one agency that could join in this effort, but has not been incorporated into the system. That agency is the delivery personnel and network of the USPS.”

Utah Bill. A similar bill, SB 57 by State Senator Karen Mayne, is currently being considered in the State of Utah. Similar to this bill, SB 57 would require the Division of Emergency Management to conduct a feasibility study regarding establishing a contract with the USPS to help with emergency response services during a declared disaster.

Cal OES. The California Office of Emergency Services is responsible for overseeing and coordinating emergency preparedness, response, recovery and homeland security activities within the state. In years past, Cal OES’ primary focus was exclusively on emergency management, but over the last decade their mission has expanded to include responsibilities in criminal justice, victim services, homeland security, and public safety communications.

The Cal OES began as the State War Council in 1943. With an increasing emphasis on emergency management, it officially became Cal OES in 1970. In 2004, the California Legislature merged Cal OES and the Governor’s Office of Criminal Justice Planning, which was responsible for providing state and federal grant funds to local communities to prevent crime and help crime victims.

In 2003, with the State increasing its focus on terrorism prevention after the attacks of September 11, 2001, the Governor’s Office of Homeland Security (OHS) was established through an Executive Order by Governor Gray Davis. In 2009, the California Legislature merged the powers, purposes, and responsibilities of the former Cal OES with those of the OHS into the newly-created California Emergency Management Agency (Cal EMA).

On July 1, 2014, Governor Brown’s Reorganization Plan #2 eliminated the Cal EMA and restored it to the Governor’s Office, renaming it Cal OES. That same year, the Public Safety Communications Office was merged into Cal OES.

Suggested Amendment. The bill does not specify when the bill should be completed or whether OES should report the findings of the completed study to any state agency. Therefore the author may wish to amend the bill to specify that the study should be completed and sent to the Legislature no later than January 1, 2018.

Prior/Related Legislation

AB 3087 (Governmental Organization Committee, 2004) would have required OES, California Highway Patrol, the Governor’s Office of Home Security, and the California Department of Forestry to conduct a study to determine the effectiveness of the State Emergency Plan and the mutual aid system. (Vetoed by Governor Schwarzenegger)

AB 2409 (Jackson, Chapter 855, Statutes of 2002) required the Office of Emergency Services to study the ability of California television and radio stations to notify the public of an emergency 24 hours a day and report its findings and recommendations to the Legislature by July 1, 2003.

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

SUPPORT:

California State Association of Letter Carriers (Sponsor)

California American Postal Workers Union

California Labor Federation

California Rural Letter Carriers’ Association

National Active and Retired Federal Employees Association

National Association of Postal Supervisors

National Association of Postmasters of the United States

National League of Postmasters of the United States, California Branch

National Postal Mail Handlers Union

OPPOSITION:

None received

ARGUMENTS IN SUPPORT: According to the National Association of Postmasters of the United States, “this bill is consistent with the policy that we have promoted before the United States Senate and House of Representatives. In congressional hearings, we have advocated for enhanced collaboration between post offices and local governments, particularly during times of crisis and natural disasters. The Postal Service provides a stable and resilient communications platform. In addition, postal employees are well-equipped to verify identities and validate addresses in the wake of such events, and are a familiar and trusted governmental agency.”