The California Emergency Services Act establishes the Office of Emergency Services within the Governors office 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. Existing law requires the Governor to coordinate a State Emergency Plan, which is in effect in each political subdivision of the state, and requires the governing body of each political subdivision, as defined, to take actions necessary to carry out the provisions of that plan.

This bill would require the Office of Emergency Services to create a library of translated emergency notifications and a translation style guide, as specified, and would require designated alerting authorities, as defined, to consider using the library and translation style guide that may be used by designated alerting authorities when issuing emergency notifications to the public. The bill would authorize the office to require a city, county, or city and county to translate emergency notifications as a condition of approving its application to receive any voluntary grant funds with a nexus to emergency management performance.

The California Emergency Services Act establishes the Office of Emergency Services within the Governors office 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. Existing law requires the Governor to coordinate a State Emergency Plan, which is in effect in each political subdivision of the state, and requires the governing body of each political subdivision, as defined, to take actions necessary to carry out the provisions of that plan.

This bill would require the Office of Emergency Services to create a library of translated emergency notifications and a translation style guide, as specified, and would require designated alerting authorities, as defined, to consider using the library and translation style guide that may be used by designated alerting authorities when issuing emergency notifications to the public. The bill would authorize the office to require a city, county, or city and county to translate emergency notifications as a condition of approving its application to receive any voluntary grant funds with a nexus to emergency management performance.

The California Emergency Services Act establishes the Office of Emergency Services within the Governors office 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. Existing law requires the Governor to coordinate a State Emergency Plan, which is in effect in each political subdivision of the state, and requires the governing body of each political subdivision, as defined, to take actions necessary to carry out the provisions of that plan. Existing law defines an operational area as an intermediate level of the state emergency services organization, consisting of a county and all political subdivisions within the county area.

This bill would require the Office of Emergency Services and the governing body of each political subdivision, including each operational area, to translate any emergency communication to the public into the most commonly spoken language other than English in the impacted county or counties, or, at the option of a county, into one or more languages other than English spoken in the county pursuant to an individualized language assessment of that county. By imposing additional duties on local agencies, the bill would impose a state-mandated local program. to create a library of translated emergency notifications and a translation style guide, as specified, and would require designated alerting authorities, as defined, to consider using the library and translation style guide that may be used by designated alerting authorities when issuing emergency notifications to the public. The bill would authorize the office to require a city, county, or city and county to translate emergency notifications as a condition of approving its application to receive any voluntary grant funds with a nexus to emergency management performance.

The California Emergency Services Act establishes the Office of Emergency Services within the Governors office 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. Existing law requires the Governor to coordinate a State Emergency Plan, which is in effect in each political subdivision of the state, and requires the governing body of each political subdivision, as defined, to take actions necessary to carry out the provisions of that plan. Existing law defines an operational area as an intermediate level of the state emergency services organization, consisting of a county and all political subdivisions within the county area.

This bill would require the Office of Emergency Services and the governing body of each political subdivision, including each operational area, to translate any emergency communication to the public into the most commonly spoken language other than English in the impacted county or counties, or, at the option of a county, into one or more languages other than English spoken in the county pursuant to an individualized language assessment of that county. By imposing additional duties on local agencies, the bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

The California Emergency Services Act establishes the Office of Emergency Services within the Governors office 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. Existing law requires the Governor to coordinate a State Emergency Plan, which is in effect in each political subdivision of the state, and requires the governing body of each political subdivision, as defined, to take actions necessary to carry out the provisions of that plan. Existing law defines an operational area as an intermediate level of the state emergency services organization, consisting of a county and all political subdivisions within the county area.

This bill would require the Office of Emergency Services and the governing body of each political subdivision, including each operational area, to translate any emergency communication into the most commonly spoken language other than English in the impacted county or counties. counties, or, at the option of a county, into one or more languages other than English spoken in the county pursuant to an individualized language assessment of that county. By imposing additional duties on local agencies, the bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

The California Emergency Services Act establishes the Office of Emergency Services within the Governors office 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. Existing law requires the Governor to coordinate a State Emergency Plan, which is in effect in each political subdivision of the state, and requires the governing body of each political subdivision, as defined, to take actions necessary to carry out the provisions of that plan. Existing law defines an operational area as an intermediate level of the state emergency services organization, consisting of a county and all political subdivisions within the county area.

This bill would require the Office of Emergency Services and the governing body of each political subdivision, including each operational area, to translate any emergency communication into the most commonly spoken languages language other than English in the impacted county or counties. By imposing additional duties on local agencies, the bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

The California Emergency Services Act establishes the Office of Emergency Services within the Governors office 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. Existing law requires the Governor to coordinate a State Emergency Plan, which is in effect in each political subdivision of the state, and requires the governing body of each political subdivision, as defined, to take actions necessary to carry out the provisions of that plan. Existing law defines an operational area as an intermediate level of the state emergency services organization, consisting of a county and all political subdivisions within the county area.

This bill would require the office Office of Emergency Services and the governing body of each political subdivision, including each operational area, to translate any emergency communication of the office into the language other than English that is spoken by a majority of the public most commonly spoken languages in the impacted county or counties and to make that translation available during the emergency communication. counties. By imposing additional duties on local agencies, the bill would impose a state-mandated local program.

The California Emergency Services Act establishes the Office of Emergency Services within the Governors office 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 translate any emergency communication of the office into the language other than English that is spoken by a majority of the public in the impacted county or counties and to make that translation available during the emergency communication.

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 1877

Author:(Limón)

As Amended Ver:August 24, 2018

Majority vote

Original Committee Reference: G.O.

SUMMARY: Requires the Office of Emergency Services (Cal OES) to create a library of translated emergency notifications and a translation style guide, as specified, and requires designated alerting authorities to consider using the library and translation style guide when issuing emergency notifications to the public.

1. Requires Cal OES to create a library of translated emergency notifications that may be used by designated alerting authorities when issuing emergency notifications, and provides that OES shall consider the two most commonly spoken languages other than English in the state when creating the library.
2. Requires Cal OES to create a translation style guide that includes a glossary of translated standard abbreviations used in emergency notifications.
3. Requires designated alerting authorities to consider using the library and translations style guide developed pursuant to this bill when issuing emergency notifications to the public.
4. Provides that designated alerting authorities may use a hyperlink to the translated emergency notification in a message disseminated through a wireless emergency alert for purposes of issuing a translated alert.
5. Provides that six months after Cal OES launches the library and translation style guides, Cal OES may impose conditions upon a city's or county's application for any voluntary grant funds that have a nexus to emergency management performance that Cal OES administers by requiring the designated alerting authority to translate emergency notifications.
6. Defines "designated alerting authority" to mean a federal, state, local, tribal, or territorial jurisdiction that is authorized to alert the public of emergency situations through federal, state, and local laws.
7. Defines "emergency notification" to mean any message authorized by a designated alerting authority intended to alert or warn the public of an imminent threat to life safety or property damage, and that is disseminated through designated alert and warning systems such as the Emergency Alert System (EAS) or the federal Wireless Emergency Alerts system (WEA).
8. Specifies that nothing in this bill shall delay or prohibit a designated alerting authority from issuing an emergency notification in a timely manner.

The Senate amendments remove provisions of the bill making it a state-mandated local program, and instead require Cal OES to create the translation library and translation style guide for designated alerting authorities to consider using when issuing emergency notifications to the public.

EXISTING LAW:

1. Establishes Cal OES by the Governor's Reorganization Plan No.2, operative July 1, 2013.
2. Requires Cal OES to perform a variety of duties with respect to specified emergency preparedness, mitigation, and response activities in the state, including emergency medical services.
3. Specifies that the State Emergency Plan (SEP) shall be in effect in each political subdivision of the state, and the governing body of each political subdivision shall take such action as may be necessary to carry out the provisions thereof.
4. Requires the Governor to coordinate SEP and those programs necessary to mitigate the effects of an emergency. \
5. Requires the Governor to coordinate the preparation of plans and programs for the mitigation of the effects of an emergency by the political subdivisions of the State of California, such plans and programs to be integrated into and coordinated with the SEP and the plans and programs of the federal government and of other states to the fullest possible extent.
6. Requires the director of Cal OES to appoint representatives of the disabled community to serve on the evacuation, sheltering, communication, recovery, and other pertinent Standardized Emergency Management System (SEMS) committees. Representatives of the disabled community shall, to the extent practicable, be from the following groups:
   1. Persons who are blind or visually impaired.
   2. Persons with sensory or cognitive disabilities.
   3. Persons with physical disabilities
7. Requires Cal OES, within the SEMS structure, to ensure, to the extent practicable, that the needs of the disabled community are met by ensuring all committee recommendations regarding preparedness, planning, and procedures relating to emergencies include the needs of people with disabilities.

FISCAL EFFECT: According to Assembly Appropriations Committee, this bill contains the following costs:

1. Significant one-time General Fund (GF) costs to Cal OES, likely in excess of $500,000, to expand broadcast and translating capabilities, and ongoing GF costs of at least $250,000 to retain translating services. Other state public safety agencies, such as the California Highway Patrol or the Department of Forestry and Fire Protection, may see similar costs.
2. Significant, and likely reimbursable, one-time costs to local agencies in excess of $29 million and ongoing costs of $14.5 million to expand broadcast and translating capabilities.

COMMENTS:

Purpose of the bill: According to the author: "With 44% of Californians over the age of five speaking a language other than English at home, it is vital that emergency communications are made available in languages other than English. Exclusive and inadequate emergency communication does not have isolated consequences but places the health and safety of all Californians, including first responders, at risk during times when efficient communication is most needed. AB 1877 will promote safety and clarity for everyone, by requiring all State and County Office of Emergency Services emergency communications to be made accessible to linguistically diverse communities."

Background: In 2009, the California Legislature merged the powers, purposes, and responsibilities of the former Cal OES with those of the Office of Homeland Security (OHS) into the newly- created California Emergency Management Agency (CalEMA).On July 1, 2013, Governor Edmund G. Brown Jr.'s Reorganization Plan #2 eliminated CalEMA and restored it to the Governor's Office, renaming it the California Governor's Office of Emergency Services (CalOES), and merging it with the Office of Public Safety Communications. Today, CalOES is responsible for overseeing and coordinating emergency preparedness, response, recovery and homeland security activities within the state.

In January 2008, Cal OES established the Office of Access and Functional Needs (OAFN). The purpose of OAFN is to identify the needs of people with disabilities and others with access and functional needs before, during, and after a disaster and to integrate disability needs and resources into emergency management systems. OAFN offers guidance to emergency managers and planners, disability and older adult service systems for planning and responding during disasters and recovery. Translated emergency communications, thus far, have not been required.

Wildfires: California's 2017 wildfire season will go down as one of the worst in the state's history. From January 1, 2017, through December 31, 2017, over 9,000 fires burned more than 1.2 million acres, an increase from the previous year which brought 6,986 fires burning around 564,000 acres, according to Cal Fire. The total acreage in 2017 included nearly 300,000 acres burned solely by the Thomas Fire, which grew to the largest wildfire in state history in late December.

The Thomas Fire lasted over 40 days, burning 281,893 acres. The blaze began on December 4 in Ventura County and exploded in growth due to strong Santa Ana winds. It destroyed over 1,000 structures and claimed two lives. While the Thomas Fire became the largest California wildfire in recorded history, it was also the seventh-most destructive, in terms of number of structures destroyed. However, two months prior to the Thomas Fire, a new record was set for most destructive wildfire in state history.

In October, the Tubbs Fire, which burned over 36,000 acres in the state's wine country, destroyed 5,643 structures and claimed 22 lives in Sonoma and Napa counties. The number of structures destroyed from the Tubbs Fire alone is more than half of the 10,780 total structures lost to wildfire in 2017 statewide. The 22 deaths also make it the third deadliest wildfire on record in California. Along with the Tubbs Fire, multiple other destructive blazes damaged critical infrastructure and forced evacuations from October 8 through October 31 across seven counties.

In the aftermath of the wildfires, local and state governments have looked for ways to improve response, communication and prevention for future disasters. Communication between emergency officials (local and state) to affected constituents has been flagged as an area in need of improvement. This bill is one of several introduced this legislative session that seeks to remedy the issues that arose relating to communication by requiring Cal OES to create a library of translated emergency notifications and a translation style guide that may be used by an alerting authority when issuing emergency notifications to the public.

Standardized Emergency Management System (SEMS): SEMS is the system used for coordinating state and local emergency response in California. SEMS provides a multiple level emergency response organization that facilitates the flow of emergency information and resources. SEMS consists of the Incident Command System (ICS), mutual aid, the operational area concept and multi-interagency coordination. SEMS is designed to be flexible and adaptable to the varied emergencies that can occur in California, and to meet the emergency management needs of all responders. Government Code 8607(a), requires Cal OES, in coordination with other state agencies and interested local emergency management agencies, to establish SEMS by regulation.

Operational Area (OA): OAs encompass the county and all political subdivisions within the county. The OA serves as a focal point for all local emergency management information and the provision of mutual aid. It manages information, resources, and priorities among local governments within the OA. The OA also serves as the coordination and communication link between the local government level and the regional level. SEMS regulations authorize each County Board of Supervisors to designate an OA lead agency.

Related/Prior legislation: SB 821 (Jackson) of the current legislative session. Would authorize each county, including a city and county, to develop a mechanism to access the contact information of resident accountholders through the records of a public utility or other agency responsible for water service, waste and recycling services, or other property-related services for the sole purpose of enrolling county residents in a county-operated public emergency warning system. (Pending in Senate G.O. Committee)

SB 833 (McGuire) of the current legislative session. Would provide for a red alert system designed to issue and coordinate alerts following an evacuation order, as specified. The bill would require the red alert system to incorporate a variety of notification resources and developing technologies that may be tailored to the circumstances and geography of the underlying evacuation, as appropriate. Additionally, would require a local government agency or state agency that uses the federal Wireless Emergency Alert (WEA) system to alert a specified area of an evacuation order to use the term "red alert" in the alert and notify Cal OES of the alert. (Pending in Senate G.O. Committee)

AB 2311 (Brown), Chapter 520, Statutes of 2016. Requires each county, including a city and county, to integrate access and functional needs into its emergency plan upon the next update.

AB 615 (Torrico) of 2008. Would have required Cal OES to consider the needs of people with limited English proficiency in creating emergency and disaster response plans. (Died in Assembly Appropriations Committee)

SB 426 (Kehoe) of 2008. Would have established a "Deputy Director for Access and Functional Needs Coordination" position, within Cal OES, responsible for preparedness, response and recovery services for individuals of all ages with functional limitations and disabilities - persons who have one or more functional limitations that reduce their ability to move, see, hear, walk, speak, learn, breathe, understand information, respond quickly, or manipulate or reach controls. (Died in Senate Appropriations Committee)

SB 1451 (Kehoe), Chapter 600, Statutes of 2006. Requires Cal OES to ensure that members of the disabled community are represented on all pertinent SEMS Specialist Committees to ensure that the needs of people with disabilities are met during emergency and disaster situations. Requires CalOES to submit a report to the Legislature and appropriate state and local agencies by January 1, 2009 containing recommendations regarding emergency preparedness and the needs of people with disabilities. Requires Cal OES to prepare and disseminate sample brochures and other materials on the emergency preparedness and evacuations needs of the disabled community. Requires Cal OES and the Office of the State Fire Marshal (SFM) to seek research funding in order to develop new technologies and information systems that will assist in the effort to improve emergency services to people with disabilities.

Analysis Prepared by: Kenton Stanhope / G.O. / (916) 319-2531 FN: 0005172

 THIRD READING  

Bill No: AB 1877

Author:

: in Senate

Vote:

SENATE GOVERNMENTAL ORG. COMMITTEE: 12-0, 6/26/18

AYES: Dodd, Wilk, Bradford, Cannella, Galgiani, Glazer, Hill, Hueso, Lara, Portantino, Vidak, Wiener

NO VOTE RECORDED: Gaines

SENATE APPROPRIATIONS COMMITTEE: 7-0, 8/16/18

AYES: Portantino, Bates, Beall, Bradford, Hill, Nielsen, Wiener

ASSEMBLY FLOOR: 69-6, 5/30/18 - See last page for vote

SUBJECT:

SOURCE: Author

DIGEST:

This bill requires the Office of Emergency Services (OES) to create a library of translated emergency notifications and a translation style guide, as specified, and requires designated alerting authorities to consider using the library and translation style guide when issuing emergency notifications to the public.

Senate Floor Amendments of 8/24/18 remove provisions of the bill making it a state-mandated local program, and instead require OES to create the translation library and translation style guide for designated alerting authorities to consider using when issuing emergency notifications to the public.

ANALYSIS:

Existing law:

1. Establishes OES in the office of the Governor and provides that OES is responsible for the state’s emergency and disaster response services for natural, technological, or manmade disasters and emergencies.
2. Requires OES to work with advocacy groups representing the deaf and hard-of-hearing to improve communication during emergencies with people who are deaf and hard-of-hearing.
3. Provides for systems for the public dissemination of alerts regarding missing children, attacks upon law enforcement officers, and missing persons who are 65 years of age or older, among others.

This bill:

1. Requires OES to create a library of translated emergency notifications that may be used by designated alerting authorities when issuing emergency notifications, and provides that OES shall consider the two most commonly spoken languages other than English in the state when creating the library.
2. Requires OES to create a translation style guide that includes a glossary of translated standard abbreviations used in emergency notifications.
3. Requires designated alerting authorities to consider using the library and translations style guide developed pursuant to this bill when issuing emergency notifications to the public.
4. Provides that designated alerting authorities may use a hyperlink to the translated emergency notification in a message disseminated through a wireless emergency alert for purposes of issuing a translated alert.
5. Provides that six months after OES launches the library and translation style guides, OES may impose conditions upon a city’s or county’s application for any voluntary grant funds that have a nexus to emergency management performance that OES administers by requiring the designated alerting authority to translate emergency notifications.
6. Defines “designated alerting authority” to mean a federal, state, local, tribal, or territorial jurisdiction that is authorized to alert the public of emergency situations through federal, state, and local laws.
7. Defines “emergency notification” to mean any message authorized by a designated alerting authority intended to alert or warn the public of an imminent threat to life safety or property damage, and that is disseminated through designated alert and warning systems such as the Emergency Alert System (EAS) or the federal Wireless Emergency Alerts system (WEA).
8. Specifies that nothing in this bill shall delay or prohibit a designated alerting authority from issuing an emergency notification in a timely manner.

Background

Purpose of the bill. According to the author, “with 44% of Californians over the age of five speaking a language other than English at home, it is vital that emergency communications are made available in languages other than English. Exclusive and inadequate emergency communication does not have isolated consequences but places the health and safety of all Californians, including first responders, at risk during times when efficient communication is most needed. AB 1877 will promote safety and clarity for everyone, by requiring all State and County OES emergency communications to be made accessible to linguistically diverse communities.”

Office of Access and Functional Needs. In January 2008, OES established the Office of Access and Functional Needs (OAFN). The purpose of OAFN is to identify the needs of people with disabilities and others with access and functional needs before, during, and after a disaster and to integrate disability needs and resources into emergency management systems. OAFN offers guidance to emergency managers and planners, disability and older adult service systems for planning and responding during disasters and recovery. Translated emergency communications, thus far, have not been required. The author argues that this has led to inadequate emergency communication for non-English speaking communities.

Federal Emergency Alert System. EAS is a national public warning system that requires broadcasters, cable television systems, wireless cable systems, satellite digital audio radio service providers, and direct broadcast satellite providers to provide the communications capability to the President to address the American public during a national emergency. The system also may be used by state and local authorities to deliver WEAs, such as AMBER alerts, evacuation orders and weather information targeted to specific areas.

Wireless Emergency Alert. Established pursuant to the federal Warning, Alert and Response Network (WARN) Act of 2008, WEA became operational in 2012. WEA is a public safety system that allows customers who own certain wireless phones and other enabled mobile devices to receive geographically-targeted, text-like messages alerting them of imminent threats to safety in their area. Wireless companies volunteer to participate in WEA, which is the result of a unique public/private partnership between the Federal Communications Commission (FCC), Federal Emergency Management Agency (FEMA), and the wireless industry to enhance public safety.

Current alerting system. For generations, emergency alerts have been sent over television and radio broadcasts, but anyone not watching or listening at the time of the alert is unable to receive the critical and possibly life-saving information. California’s 58 counties have various systems that can send a recorded message to landlines, or to mobile devices through text or email alerts, however the mobile phone user most opt-in to these notifications.

In January, 2018, the state of Hawaii mistakenly warned the public of an imminent missile attack by issuing a false alert to televisions, radios, and wireless phones. This incident prompted the FCC to investigate and begin developing further guidelines on WEAs with stakeholders. On April 10, 2018, the FCC issued an update on improvements that are in the works for the WEA system, including: greater geographic accuracy, enhanced ease of use, more content and reach, and new alerts.

Related/Prior Legislation

SB 821 (Jackson, 2018) authorizes counties to enter into agreements in order to access the contact information of residents through the records of a public utility or a county social services department, for the sole purposes of enrolling residents in a county-operated public emergency warning system. (Pending on the Assembly Floor)

SB 833 (McGuire, 2018) requires OES, in consultation with stakeholders, to develop voluntary guidelines for alerting and warning the public of an emergency, and requires OES to develop an alert and warning training, as specified. (Pending on the Assembly Floor)

AB 2311 (Brown, Chapter 520, Statutes of 2016) required each county to integrate access and functional needs, as defined, into its emergency plan.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

According to the Senate Appropriations Committee, minor and absorbable costs to OES for translating emergency communications to the public. OES issued one WEA message in 2017; this cost estimate makes the assumption that the number of WEA messages to the public would not significantly increase. Other state public safety agencies, such as the California Highway Patrol or the Department of Forestry and Fire Protection would likely incur similarly minor costs depending on the number of emergency messages each entity releases to the public.

SUPPORT: (Verified 8/24/18)

American Red Cross

California Immigrant Policy Center

Central Coast Alliance United for Sustainable Economy

Central Coast Immigrant Rights Coalition

City of Santa Rosa

Clinica Monseñor Oscar A. Romero

Future Leaders of America

Having Our Say Coalition

Healthy House Within a MATCH Coalition

Mixteco/Inigena Community Organizing Project

Santa Barbara Women’s Political Committee

Services, Immigrant Rights and Education Network

Southern California Association of Governments

Street Level Health Project

The Cambodian Family Community Center

OPPOSITION: (Verified 8/24/18)

None received

ARGUMENTS IN SUPPORT: The California Immigrant Policy Center writes in support of the bill that, “[e]very individual, family and community deserves access to clear communication they can understand, particularly during times of extreme stress and confusion. Furthermore, exclusive and inadequate emergency communication does not simply impact the person who has limited English proficiency, but impacts the safety and health of all community members, including first responders. This oversight places health and safety of all Californians at risk, during times when efficient communication and collaboration is most needed.”

ASSEMBLY FLOOR: 69-6, 5/30/18

AYES: Acosta, Aguiar-Curry, Arambula, Baker, Berman, Bloom, Bonta, Burke, Caballero, Calderon, Carrillo, Cervantes, Chau, Chávez, Chen, Chiu, Choi, Cooley, Cooper, Cunningham, Dahle, Daly, Eggman, Flora, Fong, Frazier, Friedman, Gallagher, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gonzalez Fletcher, Gray, Grayson, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager-Dove, Kiley, Lackey, Levine, Limón, Low, Maienschein, McCarty, Medina, Melendez, Mullin, Muratsuchi, Nazarian, O'Donnell, Quirk, Quirk-Silva, Reyes, Rodriguez, Rubio, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Voepel, Waldron, Weber, Wood, Rendon

NOES: Travis Allen, Bigelow, Brough, Harper, Mathis, Obernolte

NO VOTE RECORDED: Chu, Mayes, Patterson

Prepared by:

8/27/18 12:37:50

**** END ****

 THIRD READING  

Bill No: AB 1877

Author:

:

Vote:

SENATE GOVERNMENTAL ORG. COMMITTEE: 12-0, 6/26/18

AYES: Dodd, Wilk, Bradford, Cannella, Galgiani, Glazer, Hill, Hueso, Lara, Portantino, Vidak, Wiener

NO VOTE RECORDED: Gaines

SENATE APPROPRIATIONS COMMITTEE: 7-0, 8/16/18

AYES: Portantino, Bates, Beall, Bradford, Hill, Nielsen, Wiener

ASSEMBLY FLOOR: 69-6, 5/30/18 - See last page for vote

SUBJECT:

SOURCE: Author

DIGEST:

This bill requires the Office of Emergency Services (OES) and the governing body of each political subdivision of the state to translate any emergency communication to the public into the most commonly spoken language other than English in the impacted county or counties.

ANALYSIS:

Existing law:

1. Establishes OES in the office of the Governor and provides that OES is responsible for the state’s emergency and disaster response services for natural, technological, or manmade disasters and emergencies.
2. Requires OES to work with advocacy groups representing the deaf and hard-of-hearing to improve communication during emergencies with people who are deaf and hard-of-hearing.
3. Provides for systems for the public dissemination of alerts regarding missing children, attacks upon law enforcement officers, and missing persons who are 65 years of age or older, among others.
4. Requires the state, pursuant to the California Constitution, to reimburse local agencies and school districts for certain costs mandated by the state; statutory provisions establish the procedures for making that reimbursement.

This bill:

1. Requires OES and the governing body of each political subdivision, including each operational area, to translate any emergency communication to the public, including but not limited to, radio or television broadcasts, wireless emergency alerts (WEA), and emergency briefings and conferences facilitated by local law enforcement, either into the most commonly spoken language other than English in the impacted county or counties, or, at the option of a county, into one or more commonly spoken languages other than English in the county.
2. Provides that if the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made, as specified.

Background

Purpose of the bill. According to the author, “with 44% of Californians over the age of five speaking a language other than English at home, it is vital that emergency communications are made available in languages other than English. Exclusive and inadequate emergency communication does not have isolated consequences but places the health and safety of all Californians, including first responders, at risk during times when efficient communication is most needed. AB 1877 will promote safety and clarity for everyone, by requiring all State and County OES emergency communications to be made accessible to linguistically diverse communities.”

Office of Access and Functional Needs. In January 2008, OES established the Office of Access and Functional Needs (OAFN). The purpose of OAFN is to identify the needs of people with disabilities and others with access and functional needs before, during, and after a disaster and to integrate disability needs and resources into emergency management systems. OAFN offers guidance to emergency managers and planners, disability and older adult service systems for planning and responding during disasters and recovery. Translated emergency communications, thus far, have not been required. The author argues that this has led to inadequate emergency communication for non-English speaking communities.

Emergency alerts. For generations, emergency alerts have been sent over television and radio broadcasts, but anyone not watching or listening at the time of the alert is unable to receive the critical and possibly life-saving information. California’s 58 counties have various systems that can send a recorded message to landlines, or to mobile devices through text or email alerts, however the mobile phone user most opt-in to these notifications.

WEA is a public safety system that allows customers who own certain wireless phones and other enabled mobile devices to receive geographically-targeted, text-like messages alerting them of imminent threats to safety in their area. Alerts are broadcast to coverage areas that best approximate the zone of an emergency. Mobile devices in the alert zone will receive the alert, even if they are roaming or visiting from another state. Consumers do not need to sign up for this service, and there is no fee associated with receiving alerts. The alert received by the mobile device is similar to a text message but the phone vibrates with much more force than it ordinarily would, and makes it squawk loudly, alerting the user that the message is no ordinary one.

The Federal Communications Commission (FCC) recently announced improvements intended to strengthen the WEA system, building on stakeholder experience and technological advancements since the service began. Although multilingual alerts were not specifically addressed, according to the FCC’s Internet Web site, the FCC is continuing to consider proposals to improve wireless alerting through multilingual and multimedia alerting, and in fact they are actively seeking additional stakeholder input on the matter.

Related/Prior Legislation

SB 821 (Jackson, 2018) authorizes each county, or city and county, to access the contact information of residents through the records of a public utility to enroll residents in a county-operated public emergency warning system. (Pending on the Assembly Floor)

SB 833 (McGuire, 2018) provides state-wide standardization for the issuance of “red alerts.” (Pending on the Assembly Floor)

AB 2311 (Brown, Chapter 520, Statutes of 2016) required each county to integrate access and functional needs, as defined, into its emergency plan.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

According to the Senate Appropriations Committee, minor and absorbable costs to OES for translating emergency communications to the public. OES issued one WEA message in 2017; this cost estimate makes the assumption that the number of WEA messages to the public would not significantly increase. Other state public safety agencies, such as the California Highway Patrol or the Department of Forestry and Fire Protection would likely incur similarly minor costs depending on the number of emergency messages each entity releases to the public.

Additionally, significant reimbursable local assistance costs, potentially in the millions of dollars, to require the governing body of each political subdivision to coordinate and build translation capabilities to translate any emergency communication either into the most commonly spoken language or into one or more commonly spoken languages, other than English, based on an individualized county language assessment. The exact costs would be dependent on the needs for emergency communication in any given year.

SUPPORT: (Verified 8/16/18)

American Red Cross

California Immigrant Policy Center

Central Coast Alliance United for Sustainable Economy

Central Coast Immigrant Rights Coalition

City of Santa Rosa

Clinica Monseñor Oscar A. Romero

Future Leaders of America

Having Our Say Coalition

Healthy House Within a MATCH Coalition

Mixteco/Inigena Community Organizing Project

Santa Barbara Women’s Political Committee

Services, Immigrant Rights and Education Network

Southern California Association of Governments

Street Level Health Project

The Cambodian Family Community Center

OPPOSITION: (Verified 8/16/18)

None received

ARGUMENTS IN SUPPORT: The California Immigrant Policy Center writes in support of the bill that, “[e]very individual, family and community deserves access to clear communication they can understand, particularly during times of extreme stress and confusion. Furthermore, exclusive and inadequate emergency communication does not simply impact the person who has limited English proficiency, but impacts the safety and health of all community members, including first responders. This oversight places health and safety of all Californians at risk, during times when efficient communication and collaboration is most needed.”

ASSEMBLY FLOOR: 69-6, 5/30/18

AYES: Acosta, Aguiar-Curry, Arambula, Baker, Berman, Bloom, Bonta, Burke, Caballero, Calderon, Carrillo, Cervantes, Chau, Chávez, Chen, Chiu, Choi, Cooley, Cooper, Cunningham, Dahle, Daly, Eggman, Flora, Fong, Frazier, Friedman, Gallagher, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gonzalez Fletcher, Gray, Grayson, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager-Dove, Kiley, Lackey, Levine, Limón, Low, Maienschein, McCarty, Medina, Melendez, Mullin, Muratsuchi, Nazarian, O'Donnell, Quirk, Quirk-Silva, Reyes, Rodriguez, Rubio, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Voepel, Waldron, Weber, Wood, Rendon

NOES: Travis Allen, Bigelow, Brough, Harper, Mathis, Obernolte

NO VOTE RECORDED: Chu, Mayes, Patterson

Prepared by:

8/18/18 16:57:46

**** END ****

SENATE COMMITTEE ON

Senator Anthony Portantino, Chair

2017 - 2018 Regular Session

AB 1877 (Limón) - Office of Emergency Services: communications: translation

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

Bill Summary:

AB 1877 would require the Office of Emergency Services (OES) and the governing body of each political subdivision of the state to translate any emergency communication to the public into the most commonly spoken language other than English in the impacted county or counties.

Fiscal Impact:

• Minor and absorbable costs to OES for translating emergency communications to the public. OES issued one Wireless Emergency Alerts (WEA) message in 2017; this cost estimate makes the assumption that the number of WEA messages to the public would not significantly increase. Other state public safety agencies, such as the California Highway Patrol or the Department of Forestry and Fire Protection would likely incur similarly minor costs depending on the number of emergency messages each entity releases to the public.
• Significant reimbursable local assistance costs, potentially in the millions of dollars, to require the governing body of each political subdivision to coordinate and build translation capabilities to translate any emergency communication either into the most commonly spoken language or into one or more commonly spoken languages, other than English, based on an individualized county language assessment. The exact costs would be dependent on the needs for emergency communication in any given year.

Background:

In 2008, the Office of Access and Functional Needs (OAFN) was established to identify the needs of people with disabilities and others with access and functional needs before, during, and after a disaster and to integrate disability needs and resources into emergency management systems. Currently, translated emergency communications are not required.

For decades emergency alerts have been sent over television and radio broadcasts and more recently as a recorded message to landlines or to mobile devices through text or email alerts. WEA is a federal public safety system that allows customers who own certain wireless phones and other enabled mobile devices to receive geographically-targeted text-like messages alerting them of imminent threats to safety in their area. Consumers do not need to sign up for this service, and there is no fee.

Proposed Law:

This bill would OES and the governing body of each political subdivision, including each operational area, to translate any emergency communication to the public either into the most commonly spoken language other than English in the impacted county or counties, or, at the option of a county, into one or more commonly spoken languages other than English in the county. This bill would also provide that if the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made.

Related Legislation:

SB 821 (Jackson, 2018) would authorize each county, or city and county, to access the contact information of residents through the records of a public utility to enroll residents in a county-operated public emergency warning system. It is pending on the Assembly floor.

SB 833 (McGuire, 2018) would provide state-wide standardization for the issuance of “red alerts.” It is pending in the Assembly Appropriations Committee.

AB 2311 (Brown, Chapter 520, Statutes of 2016) required each county to integrate access and functional needs, as defined, into its emergency plan.

Staff Comments:

Staff notes that because of the nature of these emergencies, translation services need to be delivered in a timely way. Local agencies will be challenged with navigating the trade-off between managing costs and ensuring a speedy delivery of translated emergency communications. Additionally, WEA messages have a 90-character limit, which will restrict the amount of information that can be conveyed in each language when making dual language messages.

-- END --

SENATE COMMITTEE ON GOVERNMENTAL ORGANIZATION

Senator Bill Dodd

Chair

2017 - 2018 Regular

Bill No: 1877 Hearing Date: 6/26/2018

SUBJECT: Office of Emergency Services: communications: translation

DIGEST: This bill requires the Office of Emergency Services (OES) and the governing body of each political subdivision of the state to translate any emergency communication to the public into the most commonly spoken language other than English in the impacted county or counties.

ANALYSIS:

Existing law:

1. Establishes OES in the office of the Governor and provides that OES is responsible for the state’s emergency and disaster response services for natural, technological, or manmade disasters and emergencies.
2. Specifies those events constituting a state or local emergency and provides for specified activities in preparation for, or response to, those events.
3. Requires OES to work with advocacy groups representing the deaf and hard-of-hearing to improve communication during emergencies with people who are deaf and hard-of-hearing.
4. Provides for systems for the public dissemination of alerts regarding missing children, attacks upon law enforcement officers, and missing persons who are 65 years of age or older, among others.
5. Requires the Governor to coordinate the preparation of plans and programs for the mitigation of the effects of an emergency by the political subdivisions of the State of California, such plans and programs to be integrated into and coordinated with the State Emergency Plan (SEP), and the plans and programs of the federal government and of other states to the fullest extent possible.
6. Defines an “operational area” to mean an intermediate level of the state emergency services organization, consisting of a county and all political subdivision within the county area.
7. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state; statutory provisions establish the procedures for making that reimbursement.

This bill:

1. Requires OES and the governing body of each political subdivision, including each operational area, to translate any emergency communication to the public, including but not limited to, radio or television broadcasts, wireless emergency alerts (WEA), and emergency briefings and conferences facilitated by local law enforcement, either into the most commonly spoken language other than English in the impacted county or counties, or, at the option of a county, into one or more commonly spoken languages other than English in the county.
2. Provides that if the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made, as specified.

Background

Purpose of the bill. According to the author, “with 44% of Californians over the age of five speaking a language other than English at home, it is vital that emergency communications are made available in languages other than English. Exclusive and inadequate emergency communication does not have isolated consequences but places the health and safety of all Californians, including first responders, at risk during times when efficient communication is most needed. AB 1877 will promote safety and clarity for everyone, by requiring all State and County OES emergency communications to be made accessible to linguistically diverse communities.”

Office of Access and Functional Needs. In January 2008, OES established the Office of Access and Functional Needs (OAFN). The purpose of OAFN is to identify the needs of people with disabilities and others with access and functional needs before, during, and after a disaster and to integrate disability needs and resources into emergency management systems. OAFN offers guidance to emergency managers and planners, disability and older adult service systems for planning and responding during disasters and recovery. Translated emergency communications, thus far, have not been required. The author argues that this has led to inadequate emergency communication for non-English speaking communities.

Emergency alerts. For generations, emergency alerts have been sent over television and radio broadcasts, but anyone not watching or listening at the time of the alert is unable to receive the critical and possibly life-saving information. California’s 58 counties have various systems that can send a recorded message to landlines, or to mobile devices through text or email alerts, however the mobile phone user most opt-in to these notifications.

WEA is a public safety system that allows customers who own certain wireless phones and other enabled mobile devices to receive geographically-targeted, text-like messages alerting them of imminent threats to safety in their area. Alerts are broadcast to coverage areas that best approximate the zone of an emergency. Mobile devices in the alert zone will receive the alert, even if they are roaming or visiting from another state. Consumers do not need to sign up for this service, and there is no fee associated with receiving alerts. The alert received by the mobile device is similar to a text message but the phone vibrates with much more force than it ordinarily would, and makes it squawk loudly, alerting the user that the message is no ordinary one.

The Federal Communications Commission (FCC) recently announced improvements intended to strengthen the WEA system, building on stakeholder experience and technological advancements since the service began. Although multilingual alerts were not specifically addressed, according to the FCC’s Internet Web site, the FCC is continuing to consider proposals to improve wireless alerting through multilingual and multimedia alerting, and in fact they are actively seeking additional stakeholder input on the matter.

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

Prior/Related Legislation

SB 821 (Jackson, 2018) authorizes each county, or city and county, to access the contact information of residents through the records of a public utility to enroll residents in a county-operated public emergency warning system. (Pending in the Assembly Governmental Organization Committee)

SB 833 (McGuire, 2018) provides state-wide standardization for the issuance of “red alerts.” (Pending in the Assembly Governmental Organization Committee)

AB 289 (Gray, Chapter 106, Statutes of 2017) required OES to update the SEP on or before January 1, 2019, and every five years thereafter.

AB 2311 (Brown, Chapter 520, Statutes of 2016) required each county to integrate access and functional needs, as defined, into its emergency plan.

SB 1047 (Alquist, Chapter 651, Statutes of 2012) authorized a law enforcement agency to request the California Highway Patrol to activate a “Silver Alert” if a person 65 years of age or older is missing.

SB 839 (Runner, Chapter 311, Statutes of 2010) created the “blue alert” system to notify the public when a law enforcement officer had been attacked.

SB 1451 (Kehoe, Chapter 600, Statutes of 2006) requires OES to ensure that members of the disabled community are represented on all pertinent emergency preparedness committees.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

SUPPORT:

American Red Cross

California Immigrant Policy Center

Central Coast Alliance United for Sustainable Economy

Central Coast Immigrant Rights Coalition

City of Santa Rosa

Clinica Monseñor Oscar A. Romero

Future Leaders of America

Having Our Say Coalition

Healthy House Within a MATCH Coalition

Mixteco/Inigena Community Organizing Project

Santa Barbara Women’s Political Committee

Services, Immigrant Rights and Education Network

Southern California Association of Governments

Street Level Health Project

The Cambodian Family Community Center

OPPOSITION:

None received

ARGUMENTS IN SUPPORT: The California Immigrant Policy Center writes in support of the bill that, “[e]very individual, family and community deserves access to clear communication they can understand, particularly during times of extreme stress and confusion. Furthermore, exclusive and inadequate emergency communication does not simply impact the person who has limited English proficiency, but impacts the safety and health of all community members, including first responders. This oversight places health and safety of all Californians at risk, during times when efficient communication and collaboration is most needed.”

ASSEMBLY THIRD READING

ATR Bill Id:AB 1877

Author:(Limón)

As Amended Ver:May 25, 2018

Majority vote

SUMMARY: Requires the California Governor's Office of Emergency Services (Cal OES) and the governing body of each political subdivision, including each operational area, to translate any emergency communication to the public into the most commonly spoken language other than English in the impacted county or counties, or, at the option of a county, into one or more languages other than English spoken in the county pursuant to an individualized language assessment of that county.

EXISTING LAW:

1. Establishes Cal OES by the Governor's Reorganization Plan No.2, operative July 1, 2013.
2. Requires Cal OES to perform a variety of duties with respect to specified emergency preparedness, mitigation, and response activities in the state, including emergency medical services.
3. Specifies that the State Emergency Plan (SEP) shall be in effect in each political subdivision of the state, and the governing body of each political subdivision shall take such action as may be necessary to carry out the provisions thereof.
4. Requires the Governor to coordinate SEP and those programs necessary to mitigate the effects of an emergency.
5. Requires the Governor to coordinate the preparation of plans and programs for the mitigation of the effects of an emergency by the political subdivisions of the State of California, such plans and programs to be integrated into and coordinated with the SEP and the plans and programs of the federal government and of other states to the fullest possible extent.
6. Requires the director of Cal OES to appoint representatives of the disabled community to serve on the evacuation, sheltering, communication, recovery, and other pertinent Standardized Emergency Management System (SEMS) committees. Representatives of the disabled community shall, to the extent practicable, be from the following groups:
   1. Persons who are blind or visually impaired.
   2. Persons with sensory or cognitive disabilities.
   3. Persons with physical disabilities.
7. Requires Cal OES, within the SEMS structure, to ensure, to the extent practicable, that the needs of the disabled community are met by ensuring all committee recommendations regarding preparedness, planning, and procedures relating to emergencies include the needs of people with disabilities.

FISCAL EFFECT: According to Assembly Appropriations Committee, this bill contains the following costs:

1. Significant one-time General Fund (GF) costs to CalOES, likely in excess of $500,000, to expand broadcast and translating capabilities, and ongoing GF costs of at least $250,000 to retain translating services. Other state public safety agencies, such as the California Highway Patrol or the Department of Forestry and Fire Protection, may see similar costs.
2. Significant, and likely reimbursable, one-time costs to local agencies in excess of $29 million and ongoing costs of $14.5 million to expand broadcast and translating capabilities.

COMMENTS:

Purpose of the bill: According to the author: "With 44% of Californians over the age of five speaking a language other than English at home, it is vital that emergency communications are made available in languages other than English. Exclusive and inadequate emergency communication does not have isolated consequences but places the health and safety of all Californians, including first responders, at risk during times when efficient communication is most needed. AB 1877 will promote safety and clarity for everyone, by requiring all State and County Office of Emergency Services emergency communications to be made accessible to linguistically diverse communities."

Background: In 2009, the California Legislature merged the powers, purposes, and responsibilities of the former Cal OES with those of the Office of Homeland Security (OHS) into the newly- created California Emergency Management Agency (CalEMA).On July 1, 2013, Governor Edmund G. Brown Jr.'s Reorganization Plan #2 eliminated CalEMA and restored it to the Governor's Office, renaming it the California Governor's Office of Emergency Services (CalOES), and merging it with the Office of Public Safety Communications. Today, CalOES is responsible for overseeing and coordinating emergency preparedness, response, recovery and homeland security activities within the state.

In January 2008, Cal OES established the Office of Access and Functional Needs (OAFN). The purpose of OAFN is to identify the needs of people with disabilities and others with access and functional needs before, during, and after a disaster and to integrate disability needs and resources into emergency management systems. OAFN offers guidance to emergency managers and planners, disability and older adult service systems for planning and responding during disasters and recovery. Translated emergency communications, thus far, have not been required.

Wildfires: California's 2017 wildfire season will go down as one of the worst in the state's history. From January 1, 2017, through December 31, 2017, over 9,000 fires burned more than 1.2 million acres, an increase from the previous year which brought 6,986 fires burning around 564,000 acres, according to Cal Fire. The total acreage in 2017 included nearly 300,000 acres burned solely by the Thomas Fire, which grew to the largest wildfire in state history in late December.

The Thomas Fire lasted over 40 days, burning 281,893 acres. The blaze began on December 4 in Ventura County and exploded in growth due to strong Santa Ana winds. It destroyed over 1,000 structures and claimed two lives. While the Thomas Fire became the largest California wildfire in recorded history, it was also the seventh-most destructive, in terms of number of structures destroyed. However, two months prior to the Thomas Fire, a new record was set for most destructive wildfire in state history.

In October, the Tubbs Fire, which burned over 36,000 acres in the state's wine country, destroyed 5,643 structures and claimed 22 lives in Sonoma and Napa counties. The number of structures destroyed from the Tubbs Fire alone is more than half of the 10,780 total structures lost to wildfire in 2017 statewide. The 22 deaths also make it the third deadliest wildfire on record in California. Along with the Tubbs Fire, multiple other destructive blazes damaged critical infrastructure and forced evacuations from October 8 through October 31 across seven counties.

In the aftermath of the wildfires, local and state governments have looked for ways to improve response, communication and prevention for future disasters. Communication between emergency officials (local and state) to affected constituents has been flagged as an area in need of improvement. This bill is one of several introduced this legislative session that seeks to remedy the issues that arose relating to communication by requiring all emergency communications be translated into the most commonly spoken language other than English.

Standardized Emergency Management System (SEMS): SEMS is the system used for coordinating state and local emergency response in California. SEMS provides a multiple level emergency response organization that facilitates the flow of emergency information and resources. SEMS consists of the Incident Command System (ICS), mutual aid, the operational area concept and multi-interagency coordination. SEMS is designed to be flexible and adaptable to the varied emergencies that can occur in California, and to meet the emergency management needs of all responders. Government Code Section 8607(a), requires CalOES, in coordination with other state agencies and interested local emergency management agencies, to establish SEMS by regulation.

Operational Area (OA): OAs encompass the county and all political subdivisions within the county. The OA serves as a focal point for all local emergency management information and the provision of mutual aid. It manages information, resources, and priorities among local governments within the OA. The OA also serves as the coordination and communication link between the local government level and the regional level. SEMS regulations authorize each County Board of Supervisors to designate an OA lead agency. This bill would require any emergency communication to the public originating from an OA to be translated into the most commonly spoken language other than English in the county or OA.

Related/Prior legislation: SB 821 (Jackson), of the current legislation session. Would authorize each county, including a city and county, to develop a mechanism to access the contact information of resident accountholders through the records of a public utility or other agency responsible for water service, waste and recycling services, or other property-related services for the sole purpose of enrolling county residents in a county-operated public emergency warning system. (Pending in Senate G.O. Committee)

SB 833(McGuire), of the current legislation session. Would provide for a red alert system designed to issue and coordinate alerts following an evacuation order, as specified. The bill would require the red alert system to incorporate a variety of notification resources and developing technologies that may be tailored to the circumstances and geography of the underlying evacuation, as appropriate. Additionally, would require a local government agency or state agency that uses the federal Wireless Emergency Alert (WEA) system to alert a specified area of an evacuation order to use the term "red alert" in the alert and notify OES of the alert. (Pending in Senate G.O. Committee)

AB 2311 (Brown), Chapter 520, Statutes of 2016. Requires each county, including a city and county, to integrate access and functional needs into its emergency plan upon the next update.

AB 615 (Torrico), of 2008. Would have required CalOES to consider the needs of people with limited English proficiency in creating emergency and disaster response plans. (Failed passage Assembly Appropriations Committee)

SB 426 (Kehoe),of 2008. Would have established a "Deputy Director for Access and Functional Needs Coordination" position, within CalOES, responsible for preparedness, response and recovery services for individuals of all ages with functional limitations and disabilities - persons who have one or more functional limitations that reduce their ability to move, see, hear, walk, speak, learn, breathe, understand information, respond quickly, or manipulate or reach controls. (Died in Senate Appropriations Committee)

SB 1451 (Kehoe), Chapter 600, Statutes of 2006. Requires CalOES to ensure that members of the disabled community are represented on all pertinent SEMS Specialist Committees to ensure that the needs of people with disabilities are met during emergency and disaster situations. Requires CalOES to submit a report to the Legislature and appropriate state and local agencies by January 1, 2009 containing recommendations regarding emergency preparedness and the needs of people with disabilities. Requires CalOES to prepare and disseminate sample brochures and other materials on the emergency preparedness and evacuations needs of the disabled community. Requires CalOES and the Office of the State Fire Marshal (SFM) to seek research funding in order to develop new technologies and information systems that will assist in the effort to improve emergency services to people with disabilities.

Analysis Prepared by: Kenton Stanhope / G.O. / (916) 319-2531 FN: 0003226

Date of Hearing: April 25, 2018

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez Fletcher, Chair

ABPCA Bill Id:AB 1877

Author:(Limón) – As Amended Ver:April 11, 2018

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

SUMMARY:

This bill requires the California Office of Emergency Services (CalOES) and local governments, including operational areas (OAs), to translate emergency communication into either the most commonly spoken language other than English or into the most commonly spoken languages, as determined by individualized county language assessments.

FISCAL EFFECT:

1. Significant one-time General Fund (GF) costs to CalOES, likely in excess of $500,000, to expand broadcast and translating capabilities, and ongoing GF costs of at least $250,000 to retain translating services. Other state public safety agencies, such as the California Highway Patrol or the Department of Forestry and Fire Protection, may see similar costs.
2. Significant, and likely reimbursable, one-time costs to local agencies in excess of $29 million and ongoing costs of $14.5 million to expand broadcast and translating capabilities. (See Comment #3.)

COMMENTS:

1. Background and purpose. Following 2017’s wildfire season, state and local governments have looked for ways to improve emergency response and communication. One identified need is better communication between emergency officials and local residents, including those who do not speak English and who could not understand the emergency alerts. According to the author, AB 1877 will promote safety and clarity by making emergency communications accessible to a linguistically diverse community.
2. OAs. OAs encompasses the county and all political subdivisions within the county and serve as the focal point for all local emergency management information. OAs are the coordination and communication link between local governments and a broader region, and each County Board of Supervisors must designate one local agency as the OA lead.
3. Assumptions on cost estimate. The broad drafting of AB 1877 creates uncertain, but likely very significant, costs to state and local emergency response agencies. The committee’s cost estimates make a number of simplifying assumptions, though in practice this bill could result in even higher costs unless the bill is amended to provide greater clarity to affected agencies. Specifically, this analysis:
4. Assumes OAs will be able to coordinate translation duties across local agencies through a Memorandum of Understanding (MOU). This coordination would be helpful in instances of multiple alerting authorities within counties: those authorities can exist within various public safety and public information offices as well as within cities, special districts or entities like airports, ports, and universities also send their own emergency alerts. It is assumed that, on average, each OA will face one-time costs of $500,000 to coordinate and build translation capabilities and ongoing costs of $250,000 to retain translation services. 
5. Considers all eligible communications to be public-facing communications. AB 1877, as drafted, applies translation requirements for all emergency communications, even if such communication is not meant for public consumption. The committee considers this a drafting error and not the intent of the author.    
6. Assumes translation services can be delivered in a timely way. One challenge local agencies must navigate is the trade-off between managing costs and ensuring a speedy delivery of translated emergency communications. It is possible that a coordinated effort at the county level could result in a delay in the delivery of translated communications by a local agency.

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

Date of Hearing: April 4, 2018

ASSEMBLY COMMITTEE ON GOVERNMENTAL ORGANIZATION

Adam Gray, Chair

ABPCA Bill Id:AB 1877 (

Author:Limón) – As Amended Ver:March 23, 2018

SUBJECT: Office of Emergency Services: communications: translation

SUMMARY: Requires the California Governor's Office of Emergency Services (Cal OES) and the governing body of each political subdivision, including each operational area, to translate any emergency communication into the most commonly spoken language other than
English in the impacted county or counties.

EXISTING LAW:

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

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

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

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

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

6) Requires the director of Cal OES to appoint representatives of the disabled community to serve on the evacuation, sheltering, communication, recovery, and other pertinent Standardized Emergency Management System (SEMS) committees. Representatives of the disabled community shall, to the extent practicable, be from the following groups:

1. Persons who are blind or visually impaired.
2. Persons with sensory or cognitive disabilities.
3. Persons with physical disabilities.

7) Requires Cal OES, within the SEMS structure, to ensure, to the extent practicable, that the needs of the disabled community are met by ensuring all committee recommendations regarding preparedness, planning, and procedures relating to emergencies include the needs of people with disabilities.

FISCAL EFFECT: Unknown

COMMENTS:

Purpose of the bill: According to the author: “With 44% of Californians over the age of five speaking a language other than English at home, it is vital that emergency communications are made available in languages other than English. Exclusive and inadequate emergency communication does not have isolated consequences but places the health and safety of all Californians, including first responders, at risk during times when efficient communication is most needed. AB 1877 will promote safety and clarity for everyone, by requiring all State and County Office of Emergency Services emergency communications to be made accessible to linguistically diverse communities.”

Background: In 2009, the California Legislature merged the powers, purposes, and responsibilities of the former Cal OES with those of the Office of Homeland Security (OHS) into the newly- created California Emergency Management Agency (CalEMA).On July 1, 2013, Governor Edmund G. Brown Jr.’s Reorganization Plan #2 eliminated CalEMA and restored it to the Governor’s Office, renaming it the California Governor’s Office of Emergency Services (CalOES), and merging it with the Office of Public Safety Communications. Today, CalOES is responsible for overseeing and coordinating emergency preparedness, response, recovery and homeland security activities within the state.

In January 2008, Cal OES established the Office of Access and Functional Needs (OAFN). The purpose of OAFN is to identify the needs of people with disabilities and others with access and functional needs before, during, and after a disaster and to integrate disability needs and resources into emergency management systems. OAFN offers guidance to emergency managers and planners, disability and older adult service systems for planning and responding during disasters and recovery. Translated emergency communications, thus far, have not been required.

Wildfires: California’s 2017 wildfire season will go down as one of the worst in the state’s history. From January 1, 2017, through December 31, 2017, over 9,000 fires burned more than 1.2 million acres, an increase from the previous year which brought 6,986 fires burning around 564,000 acres, according to Cal Fire. The total acreage in 2017 included nearly 300,000 acres burned solely by the Thomas Fire, which grew to the largest wildfire in state history in late December.

The Thomas Fire lasted over 40 days, burning 281,893 acres. The blaze began on December 4 in Ventura County and exploded in growth due to strong Santa Ana winds. It destroyed over 1,000 structures and claimed two lives. While the Thomas Fire became the largest California wildfire in recorded history, it was also the seventh-most destructive, in terms of number of structures destroyed. However, two months prior to the Thomas Fire, a new record was set for most destructive wildfire in state history.

In October, the Tubbs Fire, which burned over 36,000 acres in the state’s wine country, destroyed 5,643 structures and claimed 22 lives in Sonoma and Napa counties. The number of structures destroyed from the Tubbs Fire alone is more than half of the 10,780 total structures lost to wildfire in 2017 statewide. The 22 deaths also make it the third deadliest wildfire on record in California. Along with the Tubbs Fire, multiple other destructive blazes damaged critical infrastructure and forced evacuations from October 8 through October 31 across seven counties.

In the aftermath of the wildfires, local and state governments have looked for ways to improve response, communication and prevention for future disasters. Communication between emergency officials (local and state) to affected constituents has been flagged as an area in need of improvement. This bill is one of several introduced this legislative session that seeks to remedy the issues that arose relating to communication by requiring all emergency communications be translated into the most commonly spoken language other than English.

Standardized Emergency Management System (SEMS): SEMS is the system used for coordinating state and local emergency response in California.  SEMS provides a multiple level emergency response organization that facilitates the flow of emergency information and resources.  SEMS consists of the Incident Command System (ICS), mutual aid, the operational area concept and multi-interagency coordination.  SEMS is designed to be flexible and adaptable to the varied emergencies that can occur in California, and to meet the emergency management needs of all responders.  Government Code 8607(a), requires CalOES, in coordination with other state agencies and interested local emergency management agencies, to establish SEMS by regulation.

Operational Area (OA): OAs encompass the county and all political subdivisions within the county. The OA serves as a focal point for all local emergency management information and the provision of mutual aid. It manages information, resources, and priorities among local governments within the OA. The OA also serves as the coordination and communication link between the local government level and the regional level. SEMS regulations authorize each County Board of Supervisors to designate an OA lead agency. This bill would require any emergency communication originating from an OA to be translated into the most commonly spoken language other than English in the county or OA.

Support: California Immigrant Policy Center (CIPC) writes in support: “CIPC supports Assembly Bill 1877 (Limón), which ensures that the emergency communications of the State and County Office of Emergency Services (OES) are made available in the most commonly spoken language other than English, in the impacted county or counties.

In California, approximately 44 percent of Californians over the age of five speak a language other than English at home. In addition, in recent years, extreme climate changes have led to an increase of natural disasters, including fires, that necessitate emergency services provided by the state and by municipalities. It is of utmost importance that emergency communications are made available in languages other than English because California is home to so many linguistically diverse communities…For these reasons the California Immigrant Policy Center supports AB 1877 and urges your ‘aye’ vote.”

Related/Prior legislation: SB 821 (Jackson), 2017-2018 Legislative Session. Would authorize each county, including a city and county, to develop a mechanism to access the contact information of resident accountholders through the records of a public utility or other agency responsible for water service, waste and recycling services, or other property-related services for the sole purpose of enrolling county residents in a county-operated public emergency warning system. (Pending in Senate G.O. Committee)

SB 833(McGuire), 2017-2018 Legislative Session. Would provide for a red alert system designed to issue and coordinate alerts following an evacuation order, as specified. The bill would require the red alert system to incorporate a variety of notification resources and developing technologies that may be tailored to the circumstances and geography of the underlying evacuation, as appropriate. Additionally, would require a local government agency or state agency that uses the federal Wireless Emergency Alert (WEA) system to alert a specified area of an evacuation order to use the term “red alert” in the alert and notify OES of the alert.

(Pending in Senate G.O. Committee)

AB 2311 (Brown), Chapter 520, Statutes of 2016. Requires each county, including a city and county, to integrate access and functional needs into its emergency plan upon the next update.

AB 615 (Torrico), 2007-2008 Legislative Session. Would have required CalOES to consider the needs of people with limited English proficiency in creating emergency and disaster response plans. (Died in Assembly Appropriations Committee)

SB 426 (Kehoe), 2007-2008 Legislative Session. Would have established a "Deputy Director for Access and Functional Needs Coordination" position, within CalOES, responsible for preparedness, response and recovery services for individuals of all ages with functional limitations and disabilities - persons who have one or more functional limitations that reduce their ability to move, see, hear, walk, speak, learn, breathe, understand information, respond quickly, or manipulate or reach controls. (Died in Senate Appropriations Committee)

SB 1451 (Kehoe), Chapter 600, Statutes of 2006. Requires CalOES to ensure that members of the disabled community are represented on all pertinent SEMS Specialist Committees to ensure that the needs of people with disabilities are met during emergency and disaster situations. Requires CalOES to submit a report to the Legislature and appropriate state and local agencies by January 1, 2009 containing recommendations regarding emergency preparedness and the needs of people with disabilities. Requires CalOES to prepare and disseminate sample brochures and other materials on the emergency preparedness and evacuations needs of the disabled community. Requires CalOES and the Office of the State Fire Marshal (SFM) to seek research funding in order to develop new technologies and information systems that will assist in the effort to improve emergency services to people with disabilities.

REGISTERED SUPPORT / OPPOSITION:

Support

California Immigrant Policy Center

California Pan-Ethnic Health Network

Cambodian Family Community Center

Central Coast Alliance United for a Sustainable Economy

Central Coast Immigrant Rights Coalition

City of Santa Rosa

Clinica Monseñor Oscar A. Romero

Having Our Say Coalition

Healthy House within a Match Coalition

Future Leaders of America

Mixteco/Indígena Communication Organizing Project

Services, Immigrant Rights and Education Network

Street Level Health Project

Opposition

None on file.

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