The California Disaster Assistance Act generally provides that the state share for disaster project allocations to local agencies is no more than 75% of total state eligible costs, except for specified events for which the state share is up to 100% of state eligible costs.

This bill would add the December 2, 2015, shooting that occurred at the Inland Regional Center to the list of events for which the state share of state eligible cost is up to 100%, and would make findings and declarations as to the necessity of a special law.

The California Disaster Assistance Act generally provides that the state share for disaster project allocations to local agencies is no more than 75% of total state eligible costs, except for specified events for which the state share is up to 100% of state eligible costs.

This bill would add the December 2, 2015, shooting that occurred at the Inland Regional Center to the list of events for which the state share of state eligible cost is up to 100%, and would make findings and declarations as to the necessity of a special law.

When an order on community college district funds is received by the county superintendent of schools, and there is insufficient money in the fund or funds against which the order is drawn to pay the orders in full, existing law requires the order to be registered as a warrant on the county treasurer and transmitted to the governing board of the community college district, as specified. Existing law requires county auditors, within 10 days after the end of each month, to report to the superintendent of schools the amount of interest added to registered warrants and paid during the preceding month.

This bill would make a nonsubstantive change to that provision relating to reports by county auditors.

 VETO  

Bill No: SB 1385

Author:

:

Vote:

SENATE GOVERNMENTAL ORG. COMMITTEE: 10-0, 4/12/16

AYES: Hall, Berryhill, Block, Galgiani, Glazer, Hernandez, Hueso, Lara, McGuire, Vidak

NO VOTE RECORDED: Gaines, Hill, Runner

SENATE APPROPRIATIONS COMMITTEE: 7-0, 5/27/16

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

SENATE FLOOR: 39-0, 5/31/16

AYES: Allen, Anderson, Bates, Beall, Berryhill, Block, Cannella, De León, Fuller, Gaines, Galgiani, Glazer, Hall, Hancock, Hernandez, Hertzberg, Hill, Hueso, Huff, Jackson, Lara, Leno, Leyva, Liu, McGuire, Mendoza, Mitchell, Monning, Moorlach, Morrell, Nguyen, Nielsen, Pan, Pavley, Roth, Stone, Vidak, Wieckowski, Wolk

NO VOTE RECORDED: Runner

SENATE FLOOR: 39-0, 8/31/16

AYES: Allen, Anderson, Bates, Beall, Berryhill, Block, Cannella, De León, Fuller, Gaines, Galgiani, Glazer, Hall, Hancock, Hernandez, Hertzberg, Hill, Hueso, Huff, Jackson, Lara, Leno, Leyva, Liu, McGuire, Mendoza, Mitchell, Monning, Moorlach, Morrell, Nguyen, Nielsen, Pan, Pavley, Roth, Stone, Vidak, Wieckowski, Wolk

ASSEMBLY FLOOR: 80-0, 8/24/16 - See last page for vote

SUBJECT:

SOURCE: County of San Bernardino

DIGEST: This bill adds a stand-alone section of law to the California Disaster Assistance Act (CDAA) that stipulates the state share of eligible costs to local entities shall be 100% of total state eligible costs in connection with the shooting that occurred at the Inland Regional Center in San Bernardino on December 2, 2015.

ANALYSIS:

Existing law:

1. Establishes the CDAA which generally provides that the state must pay 75% of the non-federal share of eligible costs for any state declared emergency. For some statutorily specified disasters the state is required to pay 100% of the non-federal cost.
2. Prohibits the state share for any eligible project from exceeding 75% of total state eligible costs unless the local agency is located within the city, county, or city and county that has adopted a local hazard mitigation plan, in accordance with the federal Disaster Mitigation Act of 2000, as part of the safety element of its general plan, as specified.

This bill provides that, under the CDAA, the state share of eligible costs to local entities shall be 100% of total state eligible costs in connection with the shooting that occurred at the Inland Regional Center in San Bernardino on December 2, 2015.

Background

The CDAA reimburses local governments for debris removal, emergency work, and repair or replacement of public facilities damaged by a disaster upon a Governor's proclamation. The state share of eligible expenses is 75%, and local jurisdictions are responsible for the remaining 25%. When there is a federal declaration, the Federal Emergency Management Agency (FEMA) pays 75% and the state pays 75% of the remaining 25% of eligible costs for any state-declared emergency. For some statutorily specified disasters, the state has paid 100% of the non-federal eligible disaster mitigation costs. Existing law, AB 2140 (Hancock, Chapter 739, Statutes of 2006), prohibits the state share for any eligible project from exceeding 75% of state eligible costs unless the local agency has adopted a local hazard mitigation plan as part of the safety element of its general plan.

Purpose of SB 1385. The author’s office states that “on December 2, 2015, terrorists opened fire with semi-automatic weapons on 100 employees of the County of San Bernardino Division of Environmental Health Services who were participating in an all-day training session. The attack killed 14 people, seriously injured 22 other individuals and was the deadliest terrorist attack on U.S. soil since September 11, 2001. As the terrorist attack unfolded, law enforcement immediately sprang into action to protect the public and apprehend the terrorists. First responders were on site within minutes and provided tactical and strategic law enforcement and emergency medical services during and after the mass shooting.”

The author’s office points out that the CDAA is the primary funding mechanism available for recovering local costs in response to disasters. The San Bernardino tragedy is the first “terrorist” attack for which the Office of Emergency Services (OES) is responsible for determining what costs will be eligible for reimbursement.

Typically, the CDAA has been used in response to natural disasters and, in most cases, the state provides 75% reimbursement for eligible costs and local government is responsible for the remaining 25%. The author’s office notes that in some statutorily identified disasters the state has paid 100% of the non-federal eligible disaster mitigation costs.

The author’s office claims that the estimated cost in responding to the San Bernardino terrorist attack exceeds $18 million and, without further state help, local agencies will be financially penalized for their rapid and comprehensive response to this tragedy. Furthermore, the author’s office emphasizes that the City of San Bernardino is still grappling with a recent bankruptcy filing and the County continues to wage an uphill battle with respect to unemployment and a 20% poverty index.

Comments

The San Bernardino tragedy is the first “terrorist” attack for which OES is responsible for determining specific costs that will be eligible for reimbursement. Preliminary estimates indicate that total local agency costs associated with the shooting at the Inland Regional Center that are eligible for reimbursement are approximately $6.4 million. Under this bill, the state would pay its share of $4.8 million and assume the local share of $1.6 million.

Prior disasters. Payment of the local share of disaster-related costs has been statutorily extended in the following disasters [Govt. Code Section 8686 (b)]:

• The October 17, 1989, Loma Prieta Earthquake;
• The October 20, 1991, East Bay fire;
• The fires that occurred in southern California from October 1, 1993, to November 30, 1993;
• The January 17, 1994, Northridge Earthquake;
• The storms that occurred in California in January and February, 1995;
• The storms that occurred in California in December, 1996 and early January of 1997;
• The winter storms and flooding that occurred from February 1, 1998, to April 30, 1998;
• The wildfires that occurred in southern California commencing October 21, 2003;
• The December 22, 2003, San Simeon Earthquake;
• The storms, flooding, debris flows, and mudslides that occurred during December 27, 2004, to January 11, 2005;
• The storms, flooding, landslides, and mud and debris flows that occurred in southern California during the period from February 16, 2005, to February 23, 2005;
• The storms, flooding, mudslides, and landslides that occurred in northern California during the period from December 17, 2005, to January 3, 2006; and
• The storms and flooding that occurred in northern and central California during the period from March 29, 2006, to April 16, 2006.

Related/Prior Legislation

SB 1118 (Berryhill, 2016) would have added the forest fires that occurred in the County of Calaveras in 2015 to the list of events for which the state share of state eligible costs is up to 100% under the CDAA. (Held on Senate Appropriations Suspense File)

SB 937 (McGuire, 2016) would have added the forest fires that occurred in the County of Lake in 2015 to the list of events for which the state share of state eligible costs is up to 100% under the CDAA. (Held on Senate Appropriations Suspense File)

AB 18 (Dodd, 2015) would have added the South Napa earthquake that occurred in Napa County on August 24, 2014 to the list of disaster events for which the state share of state eligible costs is 100%. (Held on Senate Appropriations Suspense File)

AB 1429 (Chesbro, 2011) would have added the tsunami that occurred in Del Norte County on March 2011 to the list of disaster events for which the state share of state eligible costs is 100%. (Vetoed – Governor’s message noted, “The state has not paid for a local government's share of disaster costs since 2006 and this measure would cost the state over $1 million. In addition, if I sign this measure, other counties that sustain similar damages would likely request the same relief – a precedent that the state currently cannot afford.”)

SB 1537 (Kehoe, Chapter 355, Statutes of 2008) added the wildfires that occurred in southern California, commencing on or about October 20, 2007, to the list of disasters eligible for full state reimbursement of local agency costs under the CDAA. (SB 1537 failed to become operative because it was contingent upon the enactment of SB 1764 (Kehoe, 2008) which was vetoed.)

SB 1764 (Kehoe, 2008) would have required a local agency, on or after January 1, 2010, to obtain an annual certification by the State Fire Marshal (SFM) to be eligible to receive a percentage for a state share in excess of 75%. Also, would have required the SFM to specify the possible percentage a local agency may receive in excess of the 75% based upon certain criteria and regulations to be promulgated by SFM on or before July 1, 2009. (Vetoed by the Governor)

SB 1308 (Cox, Chapter 400, Statutes of 2008) included the Angora Fire which occurred in the Lake Tahoe Basin commencing June 24, 2007, to the list of disasters eligible for full state reimbursement of local agency costs under the CDAA. (AB 1308 failed to become operative because it was contingent upon the enactment of SB 1764 (Kehoe, 2008) which was vetoed.)

AB 49 (Arambula, 2007) would have amended the CDAA by adding the extreme cold weather that occurred throughout California during the month of January 2007 to the list of specific events eligible for full state reimbursement of local agency costs. (Held in the Assembly Appropriations Committee)

AB 1798 (Berg, Chapter 896, Statutes of 2006) added the severe rainstorms that occurred in selected counties in Northern California from December 17, 2005, to January 3, 2006, to the list of disasters eligible for full state reimbursement of local agency costs under the CDAA.

AB 2140 (Hancock, Chapter 739, Statutes of 2006) prohibited the state share for any eligible project from exceeding 75% of total state eligible costs unless the local agency is located within a city, county, or city and county that has adopted a local hazard mitigation plan as part of the safety element of its general plan, as specified.

AB 2735 (Nava, Chapter 897, Statutes of 2006) added the severe rainstorms that occurred in select counties in Northern California from December 17, 2005, to January 3, 2006, to the list of disasters eligible for full state reimbursement of local agency costs under the CDAA.

AB 164 (Nava, Chapter 623, Statutes of 2005) added the severe storms, flooding, debris flows, and mudslides that occurred in the Counties of Kern, Los Angeles, Santa Barbara and Ventura in December 2004, January 2005, February 2005, and March 2005, to the list of disasters eligible for full state reimbursement of local agency costs under the CDAA.

SB 457 (Kehoe, Chapter 622, Statutes of 2005) added the severe rainstorms, floods, mudslides, and other events that occurred in the Counties of Orange, Riverside, San Bernardino, and San Diego during December 2004, January 2005, February 2005, March 2005, and June 2005 to the list of disasters eligible for full state reimbursement of local agency costs under the CDAA.

AB 1510 (Kehoe, Chapter 772, Statutes of 2004) added the Southern California wildfires that occurred during October and November 2003 and the San Simeon earthquake that occurred during December 2003 to the list of disasters eligible for full state reimbursement of local agency costs under the CDAA.

SB 438 (Soto, 2003) would have amended the CDAA by adding the wildfires that occurred in Southern California beginning October 21, 2003, and the December 22, 2003, San Simeon earthquake to the list of disasters eligible for full state reimbursement of local agency costs. (Vetoed by the Governor)

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

According to Assembly Appropriations Committee, General Fund costs of approximately $1.6 million to be payable over several fiscal years beginning in 2016-17.

SUPPORT: (Verified 10/18/16)

County of San Bernardino (source)

California Professional Firefighters

California State Association of Counties

City of San Bernardino

Inland Action

San Bernardino County District Attorney

San Bernardino County Sheriff’s Department

Urban Counties of California

OPPOSITION: (Verified 10/18/16)

None received

GOVERNOR'S VETO MESSAGE:

I am returning Senate Bill 1385 without my signature.

This bill requires the state to fund 100 percent of the eligible local emergency recovery costs related to the San Bernardino terrorist shooting in December 2015.

I recognize the unique circumstances of this horrific terrorist attack. However, this bill sets the expectation that the state will assume all financial responsibility for future emergency costs. The General Fund cannot afford this precedent.

The Office of Emergency Services will continue to work with the local agencies in San Bernardino to ensure that all eligible costs are reimbursed through the California Disaster Assistance Act.

ASSEMBLY FLOOR: 80-0, 8/24/16

AYES: Achadjian, Alejo, Travis Allen, Arambula, Atkins, 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, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Quirk, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Rendon

Prepared by:

10/21/16 16:29:10

**** END ****

 UNFINISHED BUSINESS  

Bill No: SB 1385

Author:

:

Vote:

SENATE GOVERNMENTAL ORG. COMMITTEE: 10-0, 4/12/16

AYES: Hall, Berryhill, Block, Galgiani, Glazer, Hernandez, Hueso, Lara, McGuire, Vidak

NO VOTE RECORDED: Gaines, Hill, Runner

SENATE APPROPRIATIONS COMMITTEE: 7-0, 5/27/16

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

SENATE FLOOR: 39-0, 5/31/16

AYES: Allen, Anderson, Bates, Beall, Berryhill, Block, Cannella, De León, Fuller, Gaines, Galgiani, Glazer, Hall, Hancock, Hernandez, Hertzberg, Hill, Hueso, Huff, Jackson, Lara, Leno, Leyva, Liu, McGuire, Mendoza, Mitchell, Monning, Moorlach, Morrell, Nguyen, Nielsen, Pan, Pavley, Roth, Stone, Vidak, Wieckowski, Wolk

NO VOTE RECORDED: Runner

ASSEMBLY FLOOR: 80-0, 8/24/16 - See last page for vote

SUBJECT:

SOURCE: County of San Bernardino

DIGEST: This bill adds a stand-alone section of law to the California Disaster Assistance Act (CDAA) that stipulates the state share of eligible costs to local entities shall be 100% of total state eligible costs in connection with the shooting that occurred at the Inland Regional Center in San Bernardino on December 2, 2015.

Assembly Amendments add a coauthor and make a technical correction.

ANALYSIS:

Existing law:

1. Establishes the CDAA which generally provides that the state must pay 75% of the non-federal share of eligible costs for any state declared emergency. For some statutorily specified disasters the state is required to pay 100% of the non-federal cost.
2. Prohibits the state share for any eligible project from exceeding 75% of total state eligible costs unless the local agency is located within the city, county, or city and county that has adopted a local hazard mitigation plan, in accordance with the federal Disaster Mitigation Act of 2000, as part of the safety element of its general plan, as specified.

This bill provides that, under the CDAA, the state share of eligible costs to local entities shall be 100% of total state eligible costs in connection with the shooting that occurred at the Inland Regional Center in San Bernardino on December 2, 2015.

Background

The CDAA reimburses local governments for debris removal, emergency work, and repair or replacement of public facilities damaged by a disaster upon a Governor's proclamation. The state share of eligible expenses is 75%, and local jurisdictions are responsible for the remaining 25%. When there is a federal declaration, the Federal Emergency Management Agency (FEMA) pays 75% and the state pays 75% of the remaining 25% of eligible costs for any state-declared emergency. For some statutorily specified disasters, the state has paid 100% of the non-federal eligible disaster mitigation costs. Existing law, AB 2140 (Hancock, Chapter 739, Statutes of 2006), prohibits the state share for any eligible project from exceeding 75% of state eligible costs unless the local agency has adopted a local hazard mitigation plan as part of the safety element of its general plan.

Purpose of SB 1385. The author’s office states that “on December 2, 2015, terrorists opened fire with semi-automatic weapons on 100 employees of the County of San Bernardino Division of Environmental Health Services who were participating in an all-day training session. The attack killed 14 people, seriously injured 22 other individuals and was the deadliest terrorist attack on U.S. soil since September 11, 2001. As the terrorist attack unfolded, law enforcement immediately sprang into action to protect the public and apprehend the terrorists. First responders were on site within minutes and provided tactical and strategic law enforcement and emergency medical services during and after the mass shooting.”

The author’s office points out that the CDAA is the primary funding mechanism available for recovering local costs in response to disasters. The San Bernardino tragedy is the first “terrorist” attack for which the Office of Emergency Services (OES) is responsible for determining what costs will be eligible for reimbursement.

Typically, the CDAA has been used in response to natural disasters and, in most cases, the state provides 75% reimbursement for eligible costs and local government is responsible for the remaining 25%. The author’s office notes that in some statutorily identified disasters the state has paid 100% of the non-federal eligible disaster mitigation costs.

The author’s office claims that the estimated cost in responding to the San Bernardino terrorist attack exceeds $18 million and, without further state help, local agencies will be financially penalized for their rapid and comprehensive response to this tragedy. Furthermore, the author’s office emphasizes that the City of San Bernardino is still grappling with a recent bankruptcy filing and the County continues to wage an uphill battle with respect to unemployment and a 20% poverty index.

Comments

The San Bernardino tragedy is the first “terrorist” attack for which OES is responsible for determining specific costs that will be eligible for reimbursement. Preliminary estimates indicate that total local agency costs associated with the shooting at the Inland Regional Center that are eligible for reimbursement are approximately $6.4 million. Under this bill, the state would pay its share of $4.8 million and assume the local share of $1.6 million.

Prior disasters. Payment of the local share of disaster-related costs has been statutorily extended in the following disasters [Govt. Code Section 8686 (b)]:

• The October 17, 1989, Loma Prieta earthquake;
• The October 20, 1991, East Bay fire;
• The fires that occurred in southern California from October 1, 1993, to November 30, 1993;
• The January 17, 1994, Northridge Earthquake;
• The storms that occurred in California in January and February, 1995;
• The storms that occurred in California in December, 1996 and early January of 1997;
• The winter storms and flooding that occurred from February 1, 1998, to April 30, 1998;
• The wildfires that occurred in southern California commencing October 21, 2003;
• The December 22, 2003, San Simeon Earthquake;
• The storms, flooding, debris flows, and mudslides that occurred during December 27, 2004, to January 11, 2005;
• The storms, flooding, landslides, and mud and debris flows that occurred in southern California during the period from February 16, 2005, to February 23, 2005;
• The storms, flooding, mudslides, and landslides that occurred in northern California during the period from December 17, 2005, to January 3, 2006; and
• The storms and flooding that occurred in northern and central California during the period from March 29, 2006, to April 16, 2006.

Related/Prior Legislation

SB 1118 (Berryhill, 2016) would have added the forest fires that occurred in the County of Calaveras in 2015 to the list of events for which the state share of state eligible costs is up to 100% under the CDAA. (Held on Senate Appropriations Suspense File)

SB 937 (McGuire, 2016) would have added the forest fires that occurred in the County of Lake in 2015 to the list of events for which the state share of state eligible costs is up to 100% under the CDAA. (Held on Senate Appropriations Suspense File)

AB 18 (Dodd, 2015) would have added the South Napa earthquake that occurred in Napa County on August 24, 2014 to the list of disaster events for which the state share of state eligible costs is 100%. (Held on Senate Appropriations Suspense File)

AB 1429 (Chesbro, 2011) would have added the tsunami that occurred in Del Norte County on March 2011 to the list of disaster events for which the state share of state eligible costs is 100%. (Vetoed – Governor’s message noted, “The state has not paid for a local government's share of disaster costs since 2006 and this measure would cost the state over $1 million. In addition, if I sign this measure, other counties that sustain similar damages would likely request the same relief – a precedent that the state currently cannot afford.”)

SB 1537 (Kehoe, Chapter 355, Statutes of 2008) added the wildfires that occurred in southern California, commencing on or about October 20, 2007, to the list of disasters eligible for full state reimbursement of local agency costs under the CDAA. (SB 1537 failed to become operative because it was contingent upon the enactment of SB 1764 (Kehoe, 2008) which was vetoed.)

SB 1764 (Kehoe, 2008) would have required a local agency, on or after January 1, 2010, to obtain an annual certification by the State Fire Marshal (SFM) to be eligible to receive a percentage for a state share in excess of 75%. Also, would have required the SFM to specify the possible percentage a local agency may receive in excess of the 75% based upon certain criteria and regulations to be promulgated by SFM on or before July 1, 2009. (Vetoed by the Governor)

SB 1308 (Cox, Chapter 400, Statutes of 2008) included the Angora Fire which occurred in the Lake Tahoe Basin commencing June 24, 2007, to the list of disasters eligible for full state reimbursement of local agency costs under the CDAA. (AB 1308 failed to become operative because it was contingent upon the enactment of SB 1764 (Kehoe, 2008) which was vetoed.)

AB 49 (Arambula, 2007) would have amended the CDAA by adding the extreme cold weather that occurred throughout California during the month of January 2007 to the list of specific events eligible for full state reimbursement of local agency costs. (Held in the Assembly Appropriations Committee)

AB 1798 (Berg, Chapter 896, Statutes of 2006) added the severe rainstorms that occurred in selected counties in Northern California from December 17, 2005, to January 3, 2006, to the list of disasters eligible for full state reimbursement of local agency costs under the CDAA.

AB 2140 (Hancock, Chapter 739, Statutes of 2006) prohibited the state share for any eligible project from exceeding 75% of total state eligible costs unless the local agency is located within a city, county, or city and county that has adopted a local hazard mitigation plan as part of the safety element of its general plan, as specified.

AB 2735 (Nava, Chapter 897, Statutes of 2006) added the severe rainstorms that occurred in select counties in Northern California from December 17, 2005, to January 3, 2006, to the list of disasters eligible for full state reimbursement of local agency costs under the CDAA.

AB 164 (Nava, Chapter 623, Statutes of 2005) added the severe storms, flooding, debris flows, and mudslides that occurred in the Counties of Kern, Los Angeles, Santa Barbara and Ventura in December 2004, January 2005, February 2005, and March 2005, to the list of disasters eligible for full state reimbursement of local agency costs under the CDAA.

SB 457 (Kehoe, Chapter 622, Statutes of 2005) added the severe rainstorms, floods, mudslides, and other events that occurred in the Counties of Orange, Riverside, San Bernardino, and San Diego during December 2004, January 2005, February 2005, March 2005, and June 2005 to the list of disasters eligible for full state reimbursement of local agency costs under the CDAA.

AB 1510 (Kehoe, Chapter 772, Statutes of 2004) added the Southern California wildfires that occurred during October and November 2003 and the San Simeon earthquake that occurred during December 2003 to the list of disasters eligible for full state reimbursement of local agency costs under the CDAA.

SB 438 (Soto, 2003) would have amended the CDAA by adding the wildfires that occurred in Southern California beginning October 21, 2003, and the December 22, 2003, San Simeon earthquake to the list of disasters eligible for full state reimbursement of local agency costs. (Vetoed by the Governor)

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

According to Assembly Appropriations Committee, General Fund costs of approximately $1.6 million to be payable over several fiscal years beginning in 2016-17.

SUPPORT: (Verified 8/24/16)

County of San Bernardino (source)

California Professional Firefighters

California State Association of Counties

City of San Bernardino

Inland Action

San Bernardino County District Attorney

San Bernardino County Sheriff’s Department

Urban Counties of California

OPPOSITION: (Verified 8/24/16)

None received

ASSEMBLY FLOOR: 80-0, 8/24/16

AYES: Achadjian, Alejo, Travis Allen, Arambula, Atkins, 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, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Quirk, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Rendon

Prepared by:

8/29/16 10:34:36

**** END ****

SENATE THIRD READING

STR Bill Id:SB 1385

Author:(Leyva)

As Amended Ver:August 15, 2016

Majority vote

SENATE VOTE: 39-0

SUMMARY: Adds a stand-alone section of law to the California Disaster Assistance Act (CDAA) that stipulates the state share of eligible costs to local entities shall be 100% of total state eligible costs in connection with the shooting that occurred at the Inland Regional Center in San Bernardino on December 2, 2015.

EXISTING LAW:

1) Establishes the CDAA which generally provides that the state must pay 75% of the non-federal share of eligible costs for any state declared emergency. For some statutorily specified disasters the state is required to pay 100% of the non-federal cost.

2) Prohibits the state share for any eligible project from exceeding 75% of total state eligible costs unless the local agency is located within the city, county, or city and county that has adopted a local hazard mitigation plan, in accordance with the federal Disaster Mitigation Act of 2000, as part of the safety element of its general plan, as specified.

FISCAL EFFECT: According to the Assembly Appropriations Committee, General Fund costs of approximately $1.6 million to be payable over several fiscal years beginning in 2016-17.

COMMENTS:

Background: The California Disaster Assistance Act (Act) is California's state disaster assistance program. The Act reimburses local governments for debris removal, emergency work, and repair or replacement of public facilities damaged by a disaster upon a Governor's proclamation. The state share of eligible expenses is 75%, and local jurisdictions are responsible for the remaining 25%. When there is a federal declaration, the Federal Emergency Management Agency (FEMA) pays 75% and the state pays 75% of the remaining 25%. In recent federally declared disasters, it has been the Legislature's practice to increase the Act funding to 100% so that the state would pay the entire remaining 25% nonfederal share of eligible costs. The Legislature usually has not increased the Act funding to 100% for state-only disasters that are not federally declared. For some statutorily specified disasters, the state has paid 100% of the non-federal eligible disaster mitigation costs.

It is important to note that existing law, AB 2140 (Hancock), Chapter 739, Statutes of 2006, prohibits the state share for any eligible project from exceeding 75% of state eligible costs unless the local agency has adopted a local hazard mitigation plan as part of the safety element of its general plan.

Purpose of the bill: According to the author: "On December 2, 2015, terrorists opened fire with semi-automatic weapons on 100 employees of the County of San Bernardino Division of Environmental Health Services who were participating in an all-day training session. The attack killed 14 people, seriously injured 22 other individuals and was the deadliest terrorist attack on U.S. [United States] soil since September 11, 2001. As the terrorist attack unfolded, law enforcement immediately sprang into action to protect the public and apprehend the terrorists. First responders were on site within minutes and provided tactical and strategic law enforcement and emergency medical services during and after the mass shooting."

"SB 1385 would ensure these local agencies who responded promptly and heroically to the San Bernardino tragedy will be eligible to receive 100% reimbursement for costs related to the attack."

The author's office points out that the CDAA is the primary funding mechanism available for recovering local costs in response to disasters. The San Bernardino tragedy is the first "terrorist" attack for which the Office of Emergency Services (OES) is responsible for determining what costs will be eligible for reimbursement. Typically, the CDAA has been used in response to natural disasters and, in most cases, the state provides 75% reimbursement for eligible costs and local government is responsible for the remaining 25%. The author's office notes that in some statutorily identified disasters the state has paid 100% of the non-federal eligible disaster mitigation costs.

The author's office claims that the estimated cost in responding to the San Bernardino terrorist attack exceeds $18 million and, without further state help, local agencies will be financially penalized for their rapid and comprehensive response to this tragedy. Furthermore, the author's office emphasizes that the City of San Bernardino is still grappling with a recent bankruptcy filing and the County continues to wage an uphill battle with respect to unemployment and a 20% poverty index.

Sharing the Cost: When federal officials declare a disaster area, the federal government pays 75% of the disaster costs; the other of the 25% of the costs is shared by the state and the affected local government. As stated above, there are some exceptions where the state has paid 100% of the non-federal eligible disaster mitigation costs in specified disasters (see list below). Generally, the Legislature usually has not increased the Act funding to 100% for state-only disasters that are not federally declared. The incident in question in this bill was not a federally declared disaster.

Payment of the local share of disaster-related costs has been statutorily extended in the following federally recognized disasters:

1. The October 17, 1989, Loma Prieta earthquake;
2. The October 20, 1991, East Bay fire;
3. The fires that occurred in southern California from October 1, 1993, to November 30, 1993;
4. The January 17, 1994, Northridge Earthquake;
5. The storms that occurred in California in January and February, 1995;
6. The storms that occurred in California in December, 1996 and early January of 1997;
7. The winter storms and flooding that occurred from February 1, 1998, to April 30, 1998;
8. The wildfires that occurred in southern California commencing October 21, 2003;
9. The December 22, 2003, San Simeon Earthquake;
10. The storms, flooding, debris flows, and mudslides that occurred during December 27, 2004, to January 11, 2005;
11. The storms, flooding, landslides, and mud and debris flows that occurred in southern California during the period from February 16, 2005, to February 23, 2005;
12. The storms, flooding, mudslides, and landslides that occurred in northern California during the period from December 17, 2005, to January 3, 2006;
13. The storms and flooding that occurred in northern and central California during the period from March 29, 2006, to April 16, 2006.

Prior/Related Legislation: SB 1118 (Berryhill) of the current legislative session. Adds the forest fires that occurred in the County of Calaveras in 2015 to the list of events for which the state share of state eligible costs is up to 100% under the CDAA. (Held in Senate Appropriations Committee)

SB 937 (McGuire) of the current legislative session. Adds the forest fires that occurred in the County of Lake in 2015 to the list of events for which the state share of state eligible costs is up to 100% under the CDAA. (Held in Senate Appropriations Committee)

AB 18 (Dodd) of the current legislative session. Adds the South Napa earthquake that occurred in Napa County on August 24, 2014 to the list of disaster events for which the state share of state eligible costs is 100%. (Held in Senate Appropriations Committee)

AB 1429 (Chesbro) of 2011. Would have added the tsunami that occurred in Del Norte County on March 2011 to the list of disaster events for which the state share of state eligible costs is 100%. (Vetoed – Governor's message noted, "The state has not paid for a local government's share of disaster costs since 2006 and this measure would cost the state over $1 million. In addition, if I sign this measure, other counties that sustain similar damages would likely request the same relief – a precedent that the state currently cannot afford.")

SB 1537 (Kehoe), Chapter 355, Statutes of 2008, added the wildfires that occurred in southern California, commencing on or about October 20, 2007, to the list of disasters eligible for full state reimbursement of local agency costs under the CDAA. [SB 1537 failed to become operative because it was contingent upon the enactment of SB 1764 (Kehoe) of 2008 which was vetoed.]

SB 1764 (Kehoe) of 2008. Would have required a local agency, on or after January 1, 2010, to obtain an annual certification by the State Fire Marshal (SFM) to be eligible to receive a percentage for a state share in excess of 75%. Also, would have required the SFM to specify the possible percentage a local agency may receive in excess of the 75% based upon certain criteria and regulations to be promulgated by SFM on or before July 1, 2009. (Vetoed by Governor)

SB 1308 (Cox), Chapter 400, Statutes of 2008, included the Angora Fire which occurred in the Lake Tahoe Basin commencing June 24, 2007, to the list of disasters eligible for full state reimbursement of local agency costs under the CDAA. [AB 1308 failed to become operative because it was contingent upon the enactment of SB 1764 (Kehoe) of 2008 which was vetoed.]

AB 49 (Arambula) of 2007-2008. Would have amended the CDAA by adding the extreme cold weather that occurred throughout California during the month of January 2007 to the list of specific events eligible for full state reimbursement of local agency costs. (Held in Assembly Appropriations Committee)

AB 2140 (Hancock), Chapter 739, Statutes of 2006, prohibits the state share for any eligible project from exceeding 75% of state eligible costs unless the local agency has adopted a local hazard mitigation plan as part of the safety element of its general plan.

AB 1798 (Berg), Chapter 896, Statutes of 2006, added the severe rainstorms that occurred in selected counties in Northern California from December 17, 2005, to January 3, 2006, to the list of disasters eligible for full state reimbursement of local agency costs under the CDAA.

AB 2735 (Nava), Chapter 897, Statutes of 2006, added the severe rainstorms that occurred in select counties in Northern California from December 17, 2005, to January 3, 2006, to the list of disasters eligible for full state reimbursement of local agency costs under the CDAA.

AB 164 (Nava), Chapter 623, Statutes of 2005, added the severe storms, flooding, debris flows, and mudslides that occurred in the Counties of Kern, Los Angeles, Santa Barbara and Ventura in December 2004, January 2005, February 2005, and March 2005, to the list of disasters eligible for full state reimbursement of local agency costs under the CDAA.

SB 457 (Kehoe), Chapter 622, Statutes of 2005, added the severe rainstorms, floods, mudslides, and other events that occurred in the Counties of Orange, Riverside, San Bernardino, and San Diego during December 2004, January 2005, February 2005, March 2005, and June 2005 to the list of disasters eligible for full state reimbursement of local agency costs under the CDAA.

AB 1510 (Kehoe), Chapter 772, Statutes of 2004, added the Southern California wildfires that occurred during October and November 2003 and the San Simeon earthquake that occurred during December 2003 to the list of disasters eligible for full state reimbursement of local agency costs under the CDAA.

SB 438 (Soto) of 2003-2004. Would have amended the CDAA by adding the wildfires that occurred in Southern California beginning October 21, 2003, and the December 22, 2003, San Simeon earthquake to the list of disasters eligible for full state reimbursement of local agency costs. (Vetoed by the Governor)

Analysis Prepared by: Kenton Stanhope / G.O. / (916) 319-2531 FN: 0004292

Date of Hearing: August 3, 2016

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez, Chair

SBPCA Bill Id:SB 1385

Author:(Leyva) – As Amended Ver:March 29, 2016

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

SUMMARY:

This bill stipulates the state share of eligible costs, under the California Disaster Assistance Act (CDAA) to local entities will be 100% of total state eligible costs in connection with the shooting that occurred at the Inland Regional Center in San Bernardino on December 2, 2015.

FISCAL EFFECT:

General Fund costs of approximately $1.6 million to be payable over several fiscal years beginning in 2016-17.

COMMENTS:

1. Purpose. On December 2, 2015, a terrorist attack occurred at the Inland Regional Center in San Bernardino County when several individuals opened fire on county employees participating in a training event, killing 14 people and injuring 26 others. Governor Brown proclaimed a state of emergency for San Bernardino County on December 18, 2015.

According to the author, SB 1385 will help ensure that local entities will be eligible to receive 100% reimbursement for costs related to the attack.

1. Background. The California Disaster Assistance Act (CDAA) requires the state to pay 75% of specified local costs for any state-declared emergency. When there is a federal declaration, the Federal Emergency Management Agency (FEMA) pays local governments for 75% of eligible disaster mitigation costs, and the state pays 75% of the remaining 25% of eligible costs.

For purposes of the CDAA, the term “disaster” is defined as a fire, flood, storm, tidal wave, earthquake, terrorism, epidemic, or other similar public calamity that the Governor determines presents a threat to public safety. Local costs eligible for reimbursement include expenditures for local agency personnel, equipment, and materials used during disaster response activities, repair and replacement of public facilities damaged as a result of a disaster event, debris removal, and other emergency work.

1. Historical precedent. There are some incidences where the state has paid 100% of the non-federal eligible disaster mitigation costs in specified disasters. However, no such reimbursement has occurred since 2006. Moreover, the Legislature has not increased the Act funding to 100% for state-only disasters that are not federally declared. The incident in question in SB 1385 was not a federally declared disaster.
2. Related legislation. Recent attempts to increase the state’s share of state eligible costs to 100% have failed to be signed into law. Those bills include:
   1. SB 1118 (Berryhill) in 2016 would have added thee forest fires that occurred in the County of Calaveras in 2015 to the list of events for which the state share of state eligible costs is up to 100% under the CDAA. That bill was held in the Senate Appropriations Committee.
   2. SB 937 (McGuire) in 2016 would have added the forest fires that occurred in the County of Lake in 2015 to the list of events for which the state share of state eligible costs is up to 100% under the CDAA. That bill was held in the Senate Appropriations Committee.
   3. AB 18 (Dodd) in 2015 would have added the South Napa earthquake that occurred in Napa County on August 24, 2014 to the list of disaster events for which the state share of state eligible costs is 100%. That bill was held in the Senate Appropriations Committee.
   4. AB 1429 (Chesbro) in 2011 would have added the tsunami that occurred in Del Norte County on March 2011 to the list of disaster events for which the state share of state eligible costs is 100%. (Vetoed – Governor’s message noted, “The state has not paid for a local government's share of disaster costs since 2006 and this measure would cost the state over $1 million. In addition, if I sign this measure, other counties that sustain similar damages would likely request the same relief – a precedent that the state currently cannot afford.”)

Analysis Prepared by: Luke Reidenbach / APPR. / (916) 319-2081

Date of Hearing: June 30, 2016

ASSEMBLY COMMITTEE ON GOVERNMENTAL ORGANIZATION

Adam Gray, Chair

SBPCA Bill Id:SB 1385

Author:(Leyva) – As Amended Ver:March 29, 2016

SENATE VOTE: 39-0

SUBJECT: California Disaster Assistance Act: Inland Regional Center

SUMMARY: This bill adds a stand-alone section of law to the California Disaster Assistance Act (CDAA) that stipulates the state share of eligible costs to local entities shall be 100% of total state eligible costs in connection with the shooting that occurred at the Inland Regional Center in San Bernardino on December 2, 2015.

EXISTING LAW:

1) Establishes the CDAA which generally provides that the state must pay 75% of the non-federal share of eligible costs for any state declared emergency. For some statutorily specified disasters the state is required to pay 100% of the non-federal cost.

2) Prohibits the state share for any eligible project from exceeding 75% of total state eligible costs unless the local agency is located within the city, county, or city and county that has adopted a local hazard mitigation plan, in accordance with the federal Disaster Mitigation Act of 2000, as part of the safety element of its general plan, as specified.

FISCAL EFFECT: According to the Senate Appropriations Committee, estimated General Fund costs of approximately $1.6 million, payable over several fiscal years beginning in 2016-17, based upon preliminary estimates of eligible disaster-related costs.

COMMENTS:

Background: The California Disaster Assistance Act (Act) is California's state disaster assistance program. The Act reimburses local governments for debris removal, emergency work, and repair or replacement of public facilities damaged by a disaster upon a Governor's proclamation. The state share of eligible expenses is 75%, and local jurisdictions are responsible for the remaining 25%. When there is a federal declaration, the Federal Emergency Management Agency (FEMA) pays 75% and the state pays 75% of the remaining 25%. In recent federally declared disasters, it has been the Legislature's practice to increase the Act funding to 100% so that the state would pay the entire remaining 25% nonfederal share of eligible costs. The Legislature usually has not increased the Act funding to 100% for state-only disasters that are not federally declared. For some statutorily specified disasters, the state has paid 100% of the non-federal eligible disaster mitigation costs.

It is important to note that existing law, AB 2140 (Hancock, Chapter 739, Statutes of 2006), prohibits the state share for any eligible project from exceeding 75% of state eligible costs unless the local agency has adopted a local hazard mitigation plan as part of the safety element of its general plan.

Purpose of the bill: According to the author: "On December 2, 2015, terrorists opened fire with semi-automatic weapons on 100 employees of the County of San Bernardino Division of Environmental Health Services who were participating in an all-day training session. The attack killed 14 people, seriously injured 22 other individuals and was the deadliest terrorist attack on U.S. soil since September 11, 2001. As the terrorist attack unfolded, law enforcement immediately sprang into action to protect the public and apprehend the terrorists. First responders were on site within minutes and provided tactical and strategic law enforcement and emergency medical services during and after the mass shooting.”

“SB 1385 would ensure these local agencies who responded promptly and heroically to the San Bernardino tragedy will be eligible to receive 100 percent reimbursement for costs related to the attack.”

The author’s office points out that the CDAA is the primary funding mechanism available for recovering local costs in response to disasters. The San Bernardino tragedy is the first “terrorist” attack for which the Office of Emergency Services (OES) is responsible for determining what costs will be eligible for reimbursement. Typically, the CDAA has been used in response to natural disasters and, in most cases, the state provides 75% reimbursement for eligible costs and local government is responsible for the remaining 25%. The author’s office notes that in some statutorily identified disasters the state has paid 100% of the non-federal eligible disaster mitigation costs.

The author’s office claims that the estimated cost in responding to the San Bernardino terrorist attack exceeds $18 million and, without further state help, local agencies will be financially penalized for their rapid and comprehensive response to this tragedy. Furthermore, the author’s office emphasizes that the City of San Bernardino is still grappling with a recent bankruptcy filing and the County continues to wage an uphill battle with respect to unemployment and a 20% poverty index.

Sharing the Cost: When federal officials declare a disaster area, the federal government pays 75% of the disaster costs; the other of the 25% of the costs is shared by the state and the affected local government. As stated above, there are some exceptions where the state has paid 100% of the non-federal eligible disaster mitigation costs in specified disasters (see list below). Generally, the Legislature usually has not increased the Act funding to 100% for state-only disasters that are not federally declared. The incident in question in SB 1385 was not a federally declared disaster.

Payment of the local share of disaster-related costs has been statutorily extended in the following federally recognized disasters:

• The October 17, 1989, Loma Prieta earthquake;
• The October 20, 1991, East Bay fire;
• The fires that occurred in southern California from October 1, 1993, to November 30, 1993;
• The January 17, 1994, Northridge Earthquake;
• The storms that occurred in California in January and February, 1995;
• The storms that occurred in California in December, 1996 and early January of 1997;
• The winter storms and flooding that occurred from February 1, 1998, to April 30, 1998;
• The wildfires that occurred in southern California commencing October 21, 2003;
• The December 22, 2003, San Simeon Earthquake;
• The storms, flooding, debris flows, and mudslides that occurred during December 27, 2004, to January 11, 2005;
• The storms, flooding, landslides, and mud and debris flows that occurred in southern California during the period from February 16, 2005, to February 23, 2005;
• The storms, flooding, mudslides, and landslides that occurred in northern California during the period from December 17, 2005, to January 3, 2006;
• The storms and flooding that occurred in northern and central California during the period from March 29, 2006, to April 16, 2006.

Prior/Related Legislation: SB 1118 (Berryhill) of 2015-2016 Legislative Session. Adds the forest fires that occurred in the County of Calaveras in 2015 to the list of events for which the state share of state eligible costs is up to 100% under the CDAA. (Held in Senate Appropriations Committee)

SB 937 (McGuire) of 2015-2016 Legislative Session. Adds the forest fires that occurred in the County of Lake in 2015 to the list of events for which the state share of state eligible costs is up to 100% under the CDAA. (Held in Senate Appropriations Committee)

AB 18 (Dodd, 2015) of 2015-2016 Legislative Session. Adds the South Napa earthquake that occurred in Napa County on August 24, 2014 to the list of disaster events for which the state share of state eligible costs is 100%. (Held in Senate Appropriations Committee)

AB 1429 (Chesbro) of 2011-2012 Legislative Session. Would have added the tsunami that occurred in Del Norte County on March 2011 to the list of disaster events for which the state share of state eligible costs is 100%. (Vetoed – Governor’s message noted, “The state has not paid for a local government's share of disaster costs since 2006 and this measure would cost the state over $1 million. In addition, if I sign this measure, other counties that sustain similar damages would likely request the same relief – a precedent that the state currently cannot afford.”)

SB 1537 (Kehoe, Chapter 355, Statutes of 2008) added the wildfires that occurred in southern California, commencing on or about October 20, 2007, to the list of disasters eligible for full state reimbursement of local agency costs under the CDAA. [SB 1537 failed to become operative because it was contingent upon the enactment of SB 1764 (Kehoe, 2008) which was vetoed.]

SB 1764 (Kehoe) of 2007-2008 Legislative Session. would have required a local agency, on or after January 1, 2010, to obtain an annual certification by the State Fire Marshal (SFM) to be eligible to receive a percentage for a state share in excess of 75%. Also, would have required the SFM to specify the possible percentage a local agency may receive in excess of the 75% based upon certain criteria and regulations to be promulgated by SFM on or before July 1, 2009. (Vetoed by Governor)

SB 1308 (Cox, Chapter 400, Statutes of 2008) included the Angora Fire which occurred in the Lake Tahoe Basin commencing June 24, 2007, to the list of disasters eligible for full state reimbursement of local agency costs under the CDAA. [AB 1308 failed to become operative because it was contingent upon the enactment of SB 1764 (Kehoe, 2008) which was vetoed.]

AB 49 (Arambula) of 2008-2009 Legislative Session. Would have amended the CDAA by adding the extreme cold weather that occurred throughout California during the month of January 2007 to the list of specific events eligible for full state reimbursement of local agency costs. (Held in Assembly Appropriations Committee)

AB 2140 (Hancock, Chapter 739, Statutes of 2006), prohibits the state share for any eligible project from exceeding 75% of state eligible costs unless the local agency has adopted a local hazard mitigation plan as part of the safety element of its general plan.

AB 1798 (Berg, Chapter 896, Statutes of 2006) added the severe rainstorms that occurred in selected counties in Northern California from December 17, 2005, to January 3, 2006, to the list of disasters eligible for full state reimbursement of local agency costs under the CDAA.

AB 2140 (Hancock, Chapter 739, Statutes of 2006) prohibited the state share for any eligible project from exceeding 75% of total state eligible costs unless the local agency is located within a city, county, or city and county that has adopted a local hazard mitigation plan as part of the safety element of its general plan, as specified.

AB 2735 (Nava, Chapter 897, Statutes of 2006) added the severe rainstorms that occurred in select counties in Northern California from December 17, 2005, to January 3, 2006, to the list of disasters eligible for full state reimbursement of local agency costs under the CDAA.

AB 164 (Nava, Chapter 623, Statutes of 2005) added the severe storms, flooding, debris flows, and mudslides that occurred in the Counties of Kern, Los Angeles, Santa Barbara and Ventura in December 2004, January 2005, February 2005, and March 2005, to the list of disasters eligible for full state reimbursement of local agency costs under the CDAA.

SB 457 (Kehoe, Chapter 622, Statutes of 2005) added the severe rainstorms, floods, mudslides, and other events that occurred in the Counties of Orange, Riverside, San Bernardino, and San Diego during December 2004, January 2005, February 2005, March 2005, and June 2005 to the list of disasters eligible for full state reimbursement of local agency costs under the CDAA.

AB 1510 (Kehoe, Chapter 772, Statutes of 2004) added the Southern California wildfires that occurred during October and November 2003 and the San Simeon earthquake that occurred during December 2003 to the list of disasters eligible for full state reimbursement of local agency costs under the CDAA.

SB 438 (Soto) of 2003-2004 Legislative Session. Would have amended the CDAA by adding the wildfires that occurred in Southern California beginning October 21, 2003, and the December 22, 2003, San Simeon earthquake to the list of disasters eligible for full state reimbursement of local agency costs. (Vetoed by the Governor)

REGISTERED SUPPORT / OPPOSITION:

Support

County of San Bernardino (Sponsor)

California Professional Firefighters

California State Association of Counties

City of San Bernardino

Inland Action

San Bernardino County District Attorney

San Bernardino County Sheriff’s Department

Urban Counties of California

Opposition

None on file

Analysis Prepared by: Kenton Stanhope / G.O. / (916) 319-2531

 THIRD READING  

Bill No: SB 1385

Author:

:

Vote:

SENATE GOVERNMENTAL ORG. COMMITTEE: 10-0, 4/12/16

AYES: Hall, Berryhill, Block, Galgiani, Glazer, Hernandez, Hueso, Lara, McGuire, Vidak

NO VOTE RECORDED: Gaines, Hill, Runner

SENATE APPROPRIATIONS COMMITTEE: 7-0, 5/27/16

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

SUBJECT:

SOURCE: County of San Bernardino

DIGEST: This bill adds a stand-alone section of law to the California Disaster Assistance Act (CDAA) that stipulates the state share of eligible costs to local entities shall be 100% of total state eligible costs in connection with the shooting that occurred at the Inland Regional Center in San Bernardino on December 2, 2015.

ANALYSIS:

Existing law:

1. Establishes the CDAA which generally provides that the state must pay 75% of the non-federal share of eligible costs for any state declared emergency. For some statutorily specified disasters the state is required to pay 100% of the non-federal cost.
2. Prohibits the state share for any eligible project from exceeding 75% of total state eligible costs unless the local agency is located within the city, county, or city and county that has adopted a local hazard mitigation plan, in accordance with the federal Disaster Mitigation Act of 2000, as part of the safety element of its general plan, as specified.

This bill provides that, under the CDAA, the state share of eligible costs to local entities shall be 100% of total state eligible costs in connection with the shooting that occurred at the Inland Regional Center in San Bernardino on December 2, 2015.

Background

The CDAA reimburses local governments for debris removal, emergency work, and repair or replacement of public facilities damaged by a disaster upon a Governor's proclamation. The state share of eligible expenses is 75%, and local jurisdictions are responsible for the remaining 25%. When there is a federal declaration, the Federal Emergency Management Agency (FEMA) pays 75% and the state pays 75% of the remaining 25% of eligible costs for any state-declared emergency. For some statutorily specified disasters, the state has paid 100% of the non-federal eligible disaster mitigation costs. Existing law, AB 2140 (Hancock, Chapter 739, Statutes of 2006), prohibits the state share for any eligible project from exceeding 75% of state eligible costs unless the local agency has adopted a local hazard mitigation plan as part of the safety element of its general plan.

Purpose of SB 1385. The author’s office states that “on December 2, 2015, terrorists opened fire with semi-automatic weapons on 100 employees of the County of San Bernardino Division of Environmental Health Services who were participating in an all-day training session. The attack killed 14 people, seriously injured 22 other individuals and was the deadliest terrorist attack on U.S. soil since September 11, 2001. As the terrorist attack unfolded, law enforcement immediately sprang into action to protect the public and apprehend the terrorists. First responders were on site within minutes and provided tactical and strategic law enforcement and emergency medical services during and after the mass shooting.”

The author’s office points out that the CDAA is the primary funding mechanism available for recovering local costs in response to disasters. The San Bernardino tragedy is the first “terrorist” attack for which the Office of Emergency Services (OES) is responsible for determining what costs will be eligible for reimbursement.

Typically, the CDAA has been used in response to natural disasters and, in most cases, the state provides 75% reimbursement for eligible costs and local government is responsible for the remaining 25%. The author’s office notes that in some statutorily identified disasters the state has paid 100% of the non-federal eligible disaster mitigation costs.

The author’s office claims that the estimated cost in responding to the San Bernardino terrorist attack exceeds $18 million and, without further state help, local agencies will be financially penalized for their rapid and comprehensive response to this tragedy. Furthermore, the author’s office emphasizes that the City of San Bernardino is still grappling with a recent bankruptcy filing and the County continues to wage an uphill battle with respect to unemployment and a 20% poverty index.

Comments

The San Bernardino tragedy is the first “terrorist” attack for which OES is responsible for determining specific costs that will be eligible for reimbursement. Preliminary estimates indicate that total local agency costs associated with the shooting at the Inland Regional Center that are eligible for reimbursement are approximately $6.4 million. Under this bill, the state would pay its share of $4.8 million and assume the local share of $1.6 million.

Prior disasters. Payment of the local share of disaster-related costs has been statutorily extended in the following disasters [Govt. Code Section 8686 (b)]:

• The October 17, 1989, Loma Prieta earthquake;
• The October 20, 1991, East Bay fire;
• The fires that occurred in southern California from October 1, 1993, to November 30, 1993;
• The January 17, 1994, Northridge Earthquake;
• The storms that occurred in California in January and February, 1995;
• The storms that occurred in California in December, 1996 and early January of 1997;
• The winter storms and flooding that occurred from February 1, 1998, to April 30, 1998;
• The wildfires that occurred in southern California commencing October 21, 2003;
• The December 22, 2003, San Simeon Earthquake;
• The storms, flooding, debris flows, and mudslides that occurred during December 27, 2004, to January 11, 2005;
• The storms, flooding, landslides, and mud and debris flows that occurred in southern California during the period from February 16, 2005, to February 23, 2005;
• The storms, flooding, mudslides, and landslides that occurred in northern California during the period from December 17, 2005, to January 3, 2006; and
• The storms and flooding that occurred in northern and central California during the period from March 29, 2006, to April 16, 2006.

Related/Prior Legislation

SB 1118 (Berryhill, 2016) adds the forest fires that occurred in the County of Calaveras in 2015 to the list of events for which the state share of state eligible costs is up to 100% under the CDAA. (Held on Senate Appropriations Suspense File)

SB 937 (McGuire, 2016) adds the forest fires that occurred in the County of Lake in 2015 to the list of events for which the state share of state eligible costs is up to 100% under the CDAA. (Held on Senate Appropriations Suspense File)

AB 18 (Dodd, 2015) adds the South Napa earthquake that occurred in Napa County on August 24, 2014 to the list of disaster events for which the state share of state eligible costs is 100%. (Held on Senate Appropriations Suspense File)

AB 1429 (Chesbro, 2011) would have added the tsunami that occurred in Del Norte County on March 2011 to the list of disaster events for which the state share of state eligible costs is 100%. (Vetoed – Governor’s message noted, “The state has not paid for a local government's share of disaster costs since 2006 and this measure would cost the state over $1 million. In addition, if I sign this measure, other counties that sustain similar damages would likely request the same relief – a precedent that the state currently cannot afford.”)

SB 1537 (Kehoe, Chapter 355, Statutes of 2008) added the wildfires that occurred in southern California, commencing on or about October 20, 2007, to the list of disasters eligible for full state reimbursement of local agency costs under the CDAA. (SB 1537 failed to become operative because it was contingent upon the enactment of SB 1764 (Kehoe, 2008) which was vetoed.)

SB 1764 (Kehoe, 2008) would have required a local agency, on or after January 1, 2010, to obtain an annual certification by the State Fire Marshal (SFM) to be eligible to receive a percentage for a state share in excess of 75%. Also, would have required the SFM to specify the possible percentage a local agency may receive in excess of the 75% based upon certain criteria and regulations to be promulgated by SFM on or before July 1, 2009. (Vetoed by the Governor)

SB 1308 (Cox, Chapter 400, Statutes of 2008) included the Angora Fire which occurred in the Lake Tahoe Basin commencing June 24, 2007, to the list of disasters eligible for full state reimbursement of local agency costs under the CDAA. (AB 1308 failed to become operative because it was contingent upon the enactment of SB 1764 (Kehoe, 2008) which was vetoed.)

AB 49 (Arambula, 2007) would have amended the CDAA by adding the extreme cold weather that occurred throughout California during the month of January 2007 to the list of specific events eligible for full state reimbursement of local agency costs. (Held in the Assembly Appropriations Committee)

AB 1798 (Berg, Chapter 896, Statutes of 2006) added the severe rainstorms that occurred in selected counties in Northern California from December 17, 2005, to January 3, 2006, to the list of disasters eligible for full state reimbursement of local agency costs under the CDAA.

AB 2140 (Hancock, Chapter 739, Statutes of 2006) prohibited the state share for any eligible project from exceeding 75% of total state eligible costs unless the local agency is located within a city, county, or city and county that has adopted a local hazard mitigation plan as part of the safety element of its general plan, as specified.

AB 2735 (Nava, Chapter 897, Statutes of 2006) added the severe rainstorms that occurred in select counties in Northern California from December 17, 2005, to January 3, 2006, to the list of disasters eligible for full state reimbursement of local agency costs under the CDAA.

AB 164 (Nava, Chapter 623, Statutes of 2005) added the severe storms, flooding, debris flows, and mudslides that occurred in the Counties of Kern, Los Angeles, Santa Barbara and Ventura in December 2004, January 2005, February 2005, and March 2005, to the list of disasters eligible for full state reimbursement of local agency costs under the CDAA.

SB 457 (Kehoe, Chapter 622, Statutes of 2005) added the severe rainstorms, floods, mudslides, and other events that occurred in the Counties of Orange, Riverside, San Bernardino, and San Diego during December 2004, January 2005, February 2005, March 2005, and June 2005 to the list of disasters eligible for full state reimbursement of local agency costs under the CDAA.

AB 1510 (Kehoe, Chapter 772, Statutes of 2004) added the Southern California wildfires that occurred during October and November 2003 and the San Simeon earthquake that occurred during December 2003 to the list of disasters eligible for full state reimbursement of local agency costs under the CDAA.

SB 438 (Soto, 2003) would have amended the CDAA by adding the wildfires that occurred in Southern California beginning October 21, 2003, and the December 22, 2003, San Simeon earthquake to the list of disasters eligible for full state reimbursement of local agency costs. (Vetoed by the Governor)

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

According to the Senate Appropriations Committee, estimated General Fund costs of approximately $1.6 million, payable over several fiscal years beginning in 2016-17, based upon preliminary estimates of eligible disaster-related costs.

SUPPORT:

(Verified 5/27/16)

County of San Bernardino (source)

California Professional Firefighters

California State Association of Counties

City of San Bernardino

Inland Action

San Bernardino County District Attorney

San Bernardino County Sheriff’s Department

Urban Counties of California

OPPOSITION: (Verified 5/27/16)

None received

Prepared by:

5/28/16 17:08:37

**** END ****

SENATE COMMITTEE ON APPROPRIATIONS

Senator Ricardo Lara, Chair

2015 - 2016 Regular Session

SB 1385 (Leyva) - California Disaster Assistance Act: Inland Regional Center

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

Bill Summary:

SB 1385 would provide state disaster-related relief to local agencies impacted by the shooting that occurred at the Inland Regional Center in San Bernardino County on December 2, 2015.

Fiscal Impact:

Estimated General Fund costs of approximately $1.6 million, payable over several fiscal years beginning in 2016-17, based upon preliminary estimates of eligible disaster-related costs.

Background:

On December 2, 2015, a terrorist attack occurred at the Inland Regional Center in San Bernardino County when several individuals opened fire on county employees participating in a training event, killing 14 people and injuring 26 others. Governor Brown proclaimed a state of emergency for San Bernardino County on December 18, 2015, noting that the circumstances of the attack, by reason of its magnitude, are or are likely to be beyond the control of the services, personnel, equipment, and facilities of any single government and require the combined forces of all appropriate mutual aid.

Existing law, the California Disaster Assistance Act (CDAA), requires the state to pay 75 percent of specified local costs for any state-declared emergency. When there is a federal declaration, the Federal Emergency Management Agency (FEMA) pays local governments for 75 percent of eligible disaster mitigation costs, and the state pays 75 percent of the remaining 25 percent of eligible costs. For purposes of the CDAA, the term “disaster” is defined as a fire, flood, storm, tidal wave, earthquake, terrorism, epidemic, or other similar public calamity that the Governor determines presents a threat to public safety. Local costs eligible for reimbursement include expenditures for local agency personnel, equipment, and materials used during disaster response activities, repair and replacement of public facilities damaged as a result of a disaster event, debris removal, and other emergency work.

Existing law, AB 2140 (Hancock), Ch. 739/2006, prohibits the state share for any eligible project from exceeding 75 percent of state eligible costs unless the local agency has adopted a local hazard mitigation plan as part of the safety element of its general plan. For some statutorily specified disasters, the state has paid 100 percent of the non-federal eligible disaster mitigation costs.

Proposed Law:

SB 1385 would require the state to pay 100 percent of total state eligible costs connected with the shooting that occurred at the Inland Regional Center on December 2, 2015.

Related Legislation:

The following measures were intended to provide CDAA disaster relief to local agencies, but none of them were enacted:

AB 18 (Dodd), which was held on this Committee’s Suspense File last year, would have added the South Napa Earthquake that occurred on August 24, 2014 to the list of disasters eligible for full state reimbursement of local costs.

AB 1429 (Chesbro), which was vetoed by Governor Brown in 2011, would have added the tsunami that affected Del Norte County in March of 2011 to the list of disasters eligible for full state reimbursement of local costs. The veto message stated the following:

The state has not paid for a local government's share of disaster costs since 2006 and this measure would cost the state over $1 million. In addition, if I sign this measure, other counties that sustain similar damages would likely request the same relief -- a precedent that the state currently cannot afford.

Staff notes that AB 1308 (Cox) and SB 1537 (Kehoe), both of which would have provided full state reimbursement of local disaster-related costs related to specified wildfires, were chaptered by Governor Schwarzenegger in 2008, but failed to become operative because they were contingent upon the enactment of SB 1764 (Kehoe), which was vetoed. As noted in the above veto message of AB 1429 (Chesbro), the state has not provided full reimbursement of local agency disaster-related costs since 2006, when AB 1798 (Berg), Chap 896/2006, added severe rainstorms in specified northern California counties to the list of disasters eligible for full state reimbursement of local agency costs.

Staff Comments:

Payment of local shares of disaster-related costs is made with a Budget Act appropriation to the California Emergency Management Agency, based on preliminary estimates. Because the state attempts to reimburse all claims received in the budget year, and does not control when claims are submitted, the amount appropriated rarely matches the amount ultimately required in any given year. When claims exceed the budget appropriation, a supplemental appropriation may be made.

The San Bernardino tragedy is the first “terrorist” attack for which the Office of Emergency Services is responsible for determining what costs will be eligible for reimbursement. Preliminary estimates indicate that total local agency costs associated with the shooting at the Inland Regional Center that are eligible for reimbursement are approximately $6.4 million. Under this bill, the state would pay its share of $4.8 million, and assume the local share of $1.6 million.

-- END --

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 adds a stand-alone section of law to the California Disaster Assistance Act (CDAA) that stipulates the state share of eligible costs to local entities shall be 100% of total state eligible costs in connection with the shooting that occurred at the Inland Regional Center in San Bernardino on December 2, 2015.

ANALYSIS:

Existing law:

1. Establishes the CDAA which generally provides that the state must pay 75% of the non-federal share of eligible costs for any state declared emergency. For some statutorily specified disasters the state is required to pay 100% of the non-federal cost.
2. Prohibits the state share for any eligible project from exceeding 75% of total state eligible costs unless the local agency is located within the city, county, or city and county that has adopted a local hazard mitigation plan, in accordance with the federal Disaster Mitigation Act of 2000, as part of the safety element of its general plan, as specified.

This bill provides that, under the CDAA, the state share of eligible costs to local entities shall be 100% of total state eligible costs in connection with the shooting that occurred at the Inland Regional Center in San Bernardino on December 2, 2015.

Background

The California Disaster Assistance Act (CDAA) reimburses local governments for debris removal, emergency work, and repair or replacement of public facilities damaged by a disaster upon a Governor's proclamation. The state share of eligible expenses is 75%, and local jurisdictions are responsible for the remaining 25%. When there is a federal declaration, the Federal Emergency Management Agency (FEMA) pays 75% and the state pays 75% of the remaining 25% of eligible costs for any state-declared emergency. For some statutorily specified disasters, the state has paid 100% of the non-federal eligible disaster mitigation costs. Existing law, AB 2140 (Hancock, Chapter 739, Statutes of 2006), prohibits the state share for any eligible project from exceeding 75% of state eligible costs unless the local agency has adopted a local hazard mitigation plan as part of the safety element of its general plan.

Purpose of SB 1385. The author’s office states that “on December 2, 2015, terrorists opened fire with semi-automatic weapons on 100 employees of the County of San Bernardino Division of Environmental Health Services who were participating in an all-day training session. The attack killed 14 people, seriously injured 22 other individuals and was the deadliest terrorist attack on U.S. soil since September 11, 2001. As the terrorist attack unfolded, law enforcement immediately sprang into action to protect the public and apprehend the terrorists. First responders were on site within minutes and provided tactical and strategic law enforcement and emergency medical services during and after the mass shooting.”

The author’s office points out that the CDAA is the primary funding mechanism available for recovering local costs in response to disasters. The San Bernardino tragedy is the first “terrorist” attack for which the Office of Emergency Services (OES) is responsible for determining what costs will be eligible for reimbursement.

Typically, the CDAA has been used in response to natural disasters and, in most cases, the state provides 75% reimbursement for eligible costs and local government is responsible for the remaining 25%. The author’s office notes that in some statutorily identified disasters the state has paid 100% of the non-federal eligible disaster mitigation costs.

The author’s office claims that the estimated cost in responding to the San Bernardino terrorist attack exceeds $18 million and, without further state help, local agencies will be financially penalized for their rapid and comprehensive response to this tragedy. Furthermore, the author’s office emphasizes that the City of San Bernardino is still grappling with a recent bankruptcy filing and the County continues to wage an uphill battle with respect to unemployment and a 20% poverty index.

Prior Disasters. Payment of the local share of disaster-related costs has been statutorily extended in the following disasters [Govt. Code Section 8686 (b)]:

• The October 17, 1989, Loma Prieta earthquake;
• The October 20, 1991, East Bay fire;
• The fires that occurred in southern California from October 1, 1993, to November 30, 1993;
• The January 17, 1994, Northridge Earthquake;
• The storms that occurred in California in January and February, 1995;
• The storms that occurred in California in December, 1996 and early January of 1997;
• The winter storms and flooding that occurred from February 1, 1998, to April 30, 1998;
• The wildfires that occurred in southern California commencing October 21, 2003;
• The December 22, 2003, San Simeon Earthquake;
• The storms, flooding, debris flows, and mudslides that occurred during December 27, 2004, to January 11, 2005;
• The storms, flooding, landslides, and mud and debris flows that occurred in southern California during the period from February 16, 2005, to February 23, 2005;
• The storms, flooding, mudslides, and landslides that occurred in northern California during the period from December 17, 2005, to January 3, 2006;
• The storms and flooding that occurred in northern and central California during the period from March 29, 2006, to April 16, 2006.

Prior/Related Legislation

SB 1118 (Berryhill, 2016) adds the forest fires that occurred in the County of Calaveras in 2015 to the list of events for which the state share of state eligible costs is up to 100% under the CDAA. (Pending in this committee)

SB 937 (McGuire, 2016) adds the forest fires that occurred in the County of Lake in 2015 to the list of events for which the state share of state eligible costs is up to 100% under the CDAA. (Pending in Senate Appropriations Committee)

AB 18 (Dodd, 2015) adds the South Napa earthquake that occurred in Napa County on August 24, 2014 to the list of disaster events for which the state share of state eligible costs is 100%. (Held in Senate Appropriations Committee)

AB 1429 (Chesbro, 2011) would have added the tsunami that occurred in Del Norte County on March 2011 to the list of disaster events for which the state share of state eligible costs is 100%. (Vetoed – Governor’s message noted, “The state has not paid for a local government's share of disaster costs since 2006 and this measure would cost the state over $1 million. In addition, if I sign this measure, other counties that sustain similar damages would likely request the same relief – a precedent that the state currently cannot afford.”)

SB 1537 (Kehoe, Chapter 355, Statutes of 2008) added the wildfires that occurred in southern California, commencing on or about October 20, 2007, to the list of disasters eligible for full state reimbursement of local agency costs under the CDAA. [SB 1537 failed to become operative because it was contingent upon the enactment of SB 1764 (Kehoe, 2008) which was vetoed.]

SB 1764 (Kehoe, 2008) would have required a local agency, on or after January 1, 2010, to obtain an annual certification by the State Fire Marshal (SFM) to be eligible to receive a percentage for a state share in excess of 75%. Also, would have required the SFM to specify the possible percentage a local agency may receive in excess of the 75% based upon certain criteria and regulations to be promulgated by SFM on or before July 1, 2009. (Vetoed by Governor)

SB 1308 (Cox, Chapter 400, Statutes of 2008) included the Angora Fire which occurred in the Lake Tahoe Basin commencing June 24, 2007, to the list of disasters eligible for full state reimbursement of local agency costs under the CDAA. [AB 1308 failed to become operative because it was contingent upon the enactment of SB 1764 (Kehoe, 2008) which was vetoed.]

AB 49 (Arambula, 2007) would have amended the CDAA by adding the extreme cold weather that occurred throughout California during the month of January 2007 to the list of specific events eligible for full state reimbursement of local agency costs. (Held in Assembly Appropriations Committee)

AB 1798 (Berg, Chapter 896, Statutes of 2006) added the severe rainstorms that occurred in selected counties in Northern California from December 17, 2005, to January 3, 2006, to the list of disasters eligible for full state reimbursement of local agency costs under the CDAA.

AB 2140 (Hancock, Chapter 739, Statutes of 2006) prohibited the state share for any eligible project from exceeding 75% of total state eligible costs unless the local agency is located within a city, county, or city and county that has adopted a local hazard mitigation plan as part of the safety element of its general plan, as specified.

AB 2735 (Nava, Chapter 897, Statutes of 2006) added the severe rainstorms that occurred in select counties in Northern California from December 17, 2005, to January 3, 2006, to the list of disasters eligible for full state reimbursement of local agency costs under the CDAA.

AB 164 (Nava, Chapter 623, Statutes of 2005) added the severe storms, flooding, debris flows, and mudslides that occurred in the Counties of Kern, Los Angeles, Santa Barbara and Ventura in December 2004, January 2005, February 2005, and March 2005, to the list of disasters eligible for full state reimbursement of local agency costs under the CDAA.

SB 457 (Kehoe, Chapter 622, Statutes of 2005) added the severe rainstorms, floods, mudslides, and other events that occurred in the Counties of Orange, Riverside, San Bernardino, and San Diego during December 2004, January 2005, February 2005, March 2005, and June 2005 to the list of disasters eligible for full state reimbursement of local agency costs under the CDAA.

AB 1510 (Kehoe, Chapter 772, Statutes of 2004) added the Southern California wildfires that occurred during October and November 2003 and the San Simeon earthquake that occurred during December 2003 to the list of disasters eligible for full state reimbursement of local agency costs under the CDAA.

SB 438 (Soto, 2003) would have amended the CDAA by adding the wildfires that occurred in Southern California beginning October 21, 2003, and the December 22, 2003, San Simeon earthquake to the list of disasters eligible for full state reimbursement of local agency costs. (Vetoed by the Governor)

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

SUPPORT:

City of San Bernardino

County of San Bernardino (source)

Inland Action

San Bernardino County District Attorney

San Bernardino County Sheriff’s Department

Urban Counties of California

OPPOSITION:

None received