AB 2811: SMART Firefighting for the 21st Century
- Session Year: 2017-2018
- House: Assembly
- Latest Version Date: 2018-03-22
Existing law, the Fire Fighting Thermal Imaging Equipment Act of 2001, establishes in the Office of Emergency Services the thermal imaging equipment purchasing program and requires the office to acquire firefighting thermal imaging equipment on behalf of local and state agencies that provide fire suppression services and are interested in obtaining this equipment. Existing law requires the Director of Emergency Services to establish an advisory committee in this connection and seek funding for the program from the private sector.
The bill would revise those provisions and rename that act the Firefighting for the 21st Century Act of 2018 and would create within the Office of Emergency Services the SMART Firefighting for the 21st Century Pilot Program for the purpose of providing grants to local and state agencies to acquire and utilize SMART firefighting equipment. The bill would require the office to choose no more than five pilot locations, with at least one in a rural area, one in a suburban area, and one in an urban area, and a fire department selected in each location. The bill would require a fire department in order to be eligible for funding under these provisions to establish a labor management committee that is composed of equal number of representatives of the employer and of employees. The bill would provide that a fire department in each pilot location would be eligible for a grant not to exceed $5,000,000, and would require the fire department to use grant funds to fund costs associated with the purchase of SMART firefighting equipment and the training of department personnel in its use. The bill would create the SMART Firefighting for the 21st Century Fund, the moneys of which would be available to the office, upon appropriation by the Legislature, for expenditure for the purposes of the program, including the provision of grants to pilot program participants. The bill would make conforming changes to this effect by repealing language referring to thermal imaging equipment. The bill would require the director to form a task force with a prescribed membership to evaluate the effectiveness of the pilot program and report to the Legislature in this regard on or before January 1, 2021. The bill would repeal these provisions on January 1, 2022.
Existing law, the State Assistance for Fire Equipment Act, authorizes the Office of Emergency Services to acquire specified firefighting apparatus and equipment for resale to a local agency that provides fire suppression services or a fire company. Existing law establishes, within the General Fund, the State Assistance for Fire Equipment Account, a continuously appropriated fund, for use by the office for the purposes of the act. Existing law defines terms for purposes of the act.This bill would make nonsubstantive changes in the provision that defines terms for purposes of the act.Existing law, the State Assistance for Fire Equipment Act, authorizes the Office of Emergency Services to acquire specified firefighting apparatus and equipment for resale to a local agency that provides fire suppression services or a fire company. Existing law establishes, within the General Fund, the State Assistance for Fire Equipment Account, a continuously appropriated fund, for use by the office for the purposes of the act. Existing law defines terms for purposes of the act.
This bill would make nonsubstantive changes in the provision that defines terms for purposes of the act.
This article shall be known and may be cited as the Firefighting Thermal Imaging Equipment for the 21st Century Act of 2001. 2018.
SEC. 3.Section 8590.1 of the Government Code is amended to read:8590.1.As used in this article, the following terms have the following meanings:
(a)Advisory committee means the advisory committee established pursuant to subdivision (a) of Section 8590.3.
(a)(b)Agency or office means the Office of Emergency Services.
(c)Fund means the SMART Firefighting for the 21st Century Fund.
(b)(d)Local agency means any city, county, city and county, fire district, special district, or joint powers agency that provides fire suppression services. Local agency also includes a fire company organized pursuant to Part 4 (commencing with Section 14825) of Division 12 of the Health and Safety Code.
(e)Pilot program means the SMART Firefighting for the 21st Century Pilot Program.
(c)(f)Secretary or director means the Director of Emergency Services.
(g)SMART firefighting equipment means Specific-Measurable-Actionable-Relevant-Timely (SMART) equipment, systems, and tools that use sensors, databases, and wireless Internet access to assess the environment and apply experience-based programs to anticipate possible scenarios and evaluate optimal responses in firefighting.
(d)(h)State agency means any state agency providing residential or institutional fire protection, including, but not limited to, the Department of Forestry and Fire Protection.
SEC. 4.Section 8590.2 of the Government Code is amended to read:8590.2.There is established in the office a thermal imaging equipment purchasing program the SMART Firefighting for the 21st Century Pilot Program under which the office shall acquire firefighting thermal imaging equipment on behalf of local and state agencies that are interested participate in obtaining this equipment. provide grants to selected local and state agencies for the purpose of acquiring and utilizing SMART firefighting equipment.
SEC. 5.Section 8590.3 of the Government Code is amended to read:8590.3.In administering the purchasing pilot program, the director shall do all of the following:
(a)No later than 45 days after the effective date of this article, establish an advisory committee, which shall be comprised of representatives of organizations including, but not limited to, the California Fire Chiefs Association, the Fire Districts Association of California, the California Professional Firefighters, the CDF Firefighters, and the California State Firefighters Association, Inc. The committee shall meet no later than 30 days after all members are appointed.
(b)Consult with the advisory committee regarding equipment specifications and other matters relating to the acquisition of thermal imaging SMART firefighting equipment, and require the advisory committee to formulate specifications no later than 120 days after its initial meeting.
(c)Notify all local and state agencies about the purchasing program, including the opportunity to purchase additional units at the contract price, pilot program and determine whether those agencies are interested in obtaining thermal imaging SMART firefighting equipment.
(d)Purchase thermal imaging equipment at the lowest possible price from a reliable vendor that meets specified requirements. It is the intent of the Legislature that the director enter into a multiyear contract for this purpose no later than 180 days after the committee formulates specifications pursuant to subdivision (b).(e)Include a provision in the vendor contract allowing any local or state agency to purchase additional units directly from the vendor at the contract price.(f)Any local agency that elects to participate in the thermal imaging equipment purchasing program shall pay one-half of the contract price for each piece of equipment purchased on its behalf by the state.SEC. 6.Section 8590.4 of the Government Code is amended to read:8590.4.(a)The director shall seek funding for the program from the private sector, grant programs, and other appropriate sources.(b)(a)The director, after consultation with the advisory commission, shall distribute equipment purchased under the program in order to maximize its utilization by firefighters based on consideration of committee, shall choose no more than five pilot locations, with at least one location in a rural area, one in a suburban area, and one in an urban area, and shall select a fire department for the program in each location. Locations shall be chosen throughout the state and shall represent different types of firefighting challenges faced by fire departments. In selecting a location for the pilot program, the director shall consider the following factors:
(1)Ability to share or move the SMART firefighting equipment to fire locations.
(2)Availability of existing thermal imaging SMART firefighting equipment.
(3)Geography.
(4)Need based on frequency of fires.
(b)In order to be eligible for a grant under this article, a fire department shall, before the distribution of any funds, establish a labor management committee that is composed of equal number of representatives of the employer and employees. The members of a labor management committee who are employees shall be appointed by the recognized employee organization that represents firefighters in that jurisdiction.
(c)The fire department in each pilot location shall be eligible to receive a grant from the fund in amounts to be determined by the office, not to exceed five million dollars ($5,000,000). A fire department that receives grant funds shall use those funds for the purpose authorized in that grant, which may include, but is not limited to, the following purposes:
(1)The purchase of SMART firefighting equipment.
(2)The training of department personnel in the use of that equipment.
(3)Necessary staffing costs incurred by that fire department.
(d)There is hereby established in the State Treasury the SMART Firefighting for the 21st Century Fund. The moneys in the fund shall be available to the office, upon appropriation by the Legislature, for expenditure for the purposes of the pilot program, including the provision of grants to pilot program participants.
SEC. 7.Section 8590.5 is added to the Government Code, to read:8590.5.(a)The director shall establish a task force for purposes of evaluating the effectiveness of the pilot program. The task force shall consist of the following members:
(1)One member from each fire department in a pilot program location, chosen by that department.
(2)The director or the directors chosen representative.
(3)One member from the county or city government most closely aligned with the jurisdiction of the fire department in a pilot program location, as determined by the director, chosen by that county or city.
(4)The chairperson of the Senate Committee on Budget and Fiscal Review or the chairpersons representative.
(5)The chairperson of the Assembly Committee on Budget or the chairpersons representative.
(6)One rank and file member from each fire department in a pilot location, chosen by that department.
(7)One member of the California Fire Chiefs Association, chosen by the California Fire Chiefs Association.
(b)The task force shall submit a report to the Legislature, on or before January 1, 2021, regarding the status of the pilot program and its conclusions regarding its effectiveness.
(c)The report required pursuant to subdivision (b) shall be submitted in compliance with Section 9795.
SEC. 8.Section 8590.5.1 is added to the Government Code, immediately following Section 8590.5, to read:8590.5.1.This article shall remain in effect only until January 1, 2022, and as of that date is repealed, unless a later enacted statute that is enacted before January 1, 2022, deletes or extends that date.
SECTION 1.Section 8589.10 of the Government Code is amended to read:8589.10.As used in this article:(a)Acquire means acquisition by purchase, grant, gift, or any other lawful means.(b)Office means the Office of Emergency Services.(c)Firefighting apparatus and equipment means any vehicle, and its associated equipment, that is designed and intended for use primarily for firefighting. Firefighting apparatus and equipment does not include vehicles that are designed and intended for use primarily for emergency medical services, rescue services, communications and command operations, or hazardous materials operations.(d)Indirect expenses means those items that are identified as indirect costs in the federal Office of Management and Budget, Circular A-87 on January 1, 1985.(e)Local agency means any city, county, special district, or any joint powers agency composed exclusively of those agencies, that provides fire suppression services. Local agency also includes a fire company organized pursuant to Part 4 (commencing with Section 14825) of Division 12 of the Health and Safety Code.(f)Rural area means territory that is outside of any urbanized area designated by the United States Census Bureau from the 1980 federal census.(g)Director means the Director of Emergency Services.As used in this article:
(a)Acquire means acquisition by purchase, grant, gift, or any other lawful means.
(b)Office means the Office of Emergency Services.
(c)Firefighting apparatus and equipment means any vehicle vehicle, and its associated equipment equipment, that is designed and intended for use primarily for firefighting. Firefighting apparatus and equipment does not include vehicles that are designed and intended for use primarily for emergency medical services, rescue services, communications and command operations, or hazardous materials operations.
(d)Indirect expenses means those items that are identified as indirect costs in the federal Office of Management and Budget, Circular A-87 on January 1, 1985.
(e)Local agency means any city, county, special district, or any joint powers agency composed exclusively of those agencies, that provides fire suppression services. Local agency also includes a fire company organized pursuant to Part 4 (commencing with Section 14825) of Division 12 of the Health and Safety Code.
(f)Rural area means territory that is outside of any urbanized area designated by the United States Census Bureau from the 1980 federal census.
(g)Director means the Director of Emergency Services.
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Date
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Status
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| May 25, 2018 | In committee: Held under submission. |
| May 2, 2018 | In committee: Set, first hearing. Referred to APPR. suspense file. |
| Apr 19, 2018 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 21. Noes 0.) (April 18). Re-referred to Com. on APPR. |
| Apr 2, 2018 | Re-referred to Com. on G.O. |
| Mar 22, 2018 | Referred to Com. on G.O. |
| Feb 17, 2018 | From printer. May be heard in committee March 19. |
| Feb 16, 2018 | Read first time. To print. |
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Date
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Description
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Location
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Votes
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| Apr 18, 2018 | Do pass and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Governmental Organization |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
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Organization
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Position
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Date
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|---|---|---|
| California Professional Firefighters | * Support | Apr 18, 2018 |
| Colonel Edward Riehle , United States Army | ** Support | Apr 17, 2018 |
| Consumnes Fire Department | * Support | Apr 18, 2018 |
| Consumnes Fire Department | * Support | Apr 18, 2018 |
| Cosumnes Fire Department | ** Support | Apr 17, 2018 |
| Fantasmo.Io | ** Support | Apr 17, 2018 |
| Fit4Emergency | ** Support | Apr 17, 2018 |
| Parascom | ** Support | Apr 17, 2018 |
Date of Hearing: May 2, 2018
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez Fletcher, Chair
ABPCA Bill Id:AB 2811
Author:(Flora) – As Amended Ver:March 22, 2018
Policy Committee: | Governmental Organization | Vote: | 21 - 0 |
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Urgency: No State Mandated Local Program: No Reimbursable: No
SUMMARY:
This bill establishes, within the Governor’s Office of Emergency Services (CalOES), the SMART Firefighting for the 21st Century Pilot Program (Pilot Program) to provide grants to five pilot locations that meet specified requirements. Each grant may not exceed $5 million and may be used only to purchase Specific-Measurable-Actionable-Relevant-Timely (SMART) firefighting equipment, personnel training, and necessary staffing costs. The bill states that the Pilot Program will receive funding through a yet-to-happen appropriation from the Legislature, presumably from the General Fund (GF).
FISCAL EFFECT:
A total of $25.5 million GF appropriated to the SMART Firefighting for the 21st Century Fund over three years. This amount includes the maximum grant amount available to five chosen pilot locations ($25 million) and the estimated annual costs ($150,000 each year) for CalOES to administer the Pilot Program.
COMMENTS:
- Background and purpose. SMART equipment aids firefighters by providing them with critical information during emergencies. Similar to virtual reality and holograms, this technology can outline buildings and housing dimensions to aid entry into a burning structure or help firefighters see in a smoke-filled room.
According to the author, AB 2811 will provide a nexus between local jurisdictions and emerging technologies aimed at improving firefighting efforts. It does this through a grant program that offers up to $5 million to each locale chosen by the Pilot Program.
- Thermal Imaging Program. AB 70 (Wright), Chapter 837, Statutes of 2001, established a CalOES-administered program that acquired firefighter thermal imaging equipment on behalf of local and state agencies. AB 2811 replaces the Thermal Imaging Program with this new proposed Pilot Program, keeping in place some of the processes and administrative oversight of AB 70. However, AB 2811 changes the funding mechanism: AB 70 required CalOES to seek funding from private sources, grants, or other appropriate sources, in additional to a GF appropriation of $50,000, whereas AB 2811 calls for new state funding only.
Analysis Prepared by: Luke Reidenbach / APPR. / (916) 319-2081
Date of Hearing: April 18, 2018
ASSEMBLY COMMITTEE ON GOVERNMENTAL ORGANIZATION
Adam Gray, Chair
ABPCA Bill Id:AB 2811 (
Author:Flora) – As Amended Ver:March 22, 2018
SUBJECT: SMART Firefighting for the 21st Century
SUMMARY: Establishes the Firefighting for the 21st Century Act of 2018 (Act). Specifically, this bill:
- Establishes, within the Governor’s Office of Emergency Services (Cal OES), the SMART Firefighting for the 21st Century Pilot Program (pilot program), which will provide grants to selected local and state agencies for the purpose of acquiring and utilizing SMART firefighting equipment.
- Requires the director of Cal OES (director) to do the following:
- Establish an advisory committee no later than 45 days after effective date of this bill, which shall be comprised of representatives of firefighter organizations, as defined. The committee shall meet no later than 30 days after all members are appointed.
- Consult with the advisory committee regarding equipment specifications and other matters relating to the acquisition of SMART firefighting equipment, and require the advisory committee to formulate specifications no later than 120 days after its initial meeting.
- Notify all local and state agencies about the pilot program and determine whether those agencies are interested in obtaining SMART firefighting equipment.
- Requires the director, after consultation with advisory committee, to choose five pilot locations, with at least at least one location in a rural area, one in a suburban area, and one in an urban area, and shall select a fire department for the program in each location.
- Requires a fire department, in order to be eligible for funding, to establish a labor management committee that is composed of equal number of representatives of the employer and employees. The members of a labor management committee who are employees shall be appointed by the recognized employee organization that represents firefighters in that jurisdiction.
- Requires a fire department that receives grant funds, not to exceed $5 million, to use those funds for the purpose authorized in that grant, which may include: 1) The purchase of SMART firefighting equipment; 2) The training of department personnel in the use of that equipment; and 3) Necessary staffing costs incurred by that fire department.
- Requires the director to establish a task force for the purposes of evaluating the effectiveness of the pilot program. The 7 member task force shall consist of the following members:
- One member from each fire department in a pilot program location, chosen by that department.
- The director or the director’s chosen representative.
- One member from the county or city government most closely aligned with the jurisdiction of the fire department in a pilot program location, as determined by the director, chosen by that county or city.
- The chairperson of the Senate Committee on Budget and Fiscal Review or the chairperson’s representative.
- The chairperson of the Assembly Committee on Budget or the chairperson’s representative.
- One rank and file member from each fire department in a pilot location, chosen by that department.
- One member of the California Fire Chiefs Association, chosen by the California Fire Chiefs Association.
- Establishes the in the State Treasury the SMART Firefighting for the 21st Century Fund (fund). Clarifies funds shall be made available to Cal OES upon appropriation by the Legislature.
- Requires the task force shall submit a report to the Legislature, on or before January 1, 2021, regarding the status of the pilot program and its conclusions regarding its effectiveness.
- Defines “SMART firefighting equipment” as Specific-Measurable-Actionable-Relevant-Timely (SMART) equipment, systems, and tools that use sensors, databases, and wireless Internet access to assess the environment and apply experience-based programs to anticipate possible scenarios and evaluate optimal responses in firefighting.
- Contains a sunset of January 1, 2022, unless a later enacted statute that is enacted before January 1, 2022, deletes or extends that date.
EXISTING LAW:
- Establishes CalOES by the Governor's Reorganization Plan No.2, operative July 1, 2013.
- Requires CalOES to perform a variety of duties with respect to specified emergency preparedness, mitigation, and response activities in the state, including emergency medical services.
- Establishes in OES a thermal imaging equipment-purchasing program under which the office shall acquire firefighting thermal imaging equipment on behalf of local and state agencies that are interested in obtaining this equipment.
FISCAL EFFECT: Unknown
COMMENTS:
Purpose of the bill: According to the author: “AB 2811 would create the SMART Firefighting for the 21st Century Pilot Program within the Office of Emergency Services (OES) for the purpose of providing grants, not to exceed five million dollars, to local and state agencies to acquire and utilize Specific-Measurable-Actionable-Relevant-Timely (SMART) firefighting equipment. California firefighter and other emergency service personnel respond to millions of requests each year. First responders need every advantage during potentially life threatening operations. AB 2800 would provide a nexus between local jurisdictions and emerging technologies aimed at improving firefighting efforts.”
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 (Cal OES), and merging it with the Office of Public Safety Communications. Today, Cal OES is responsible for overseeing and coordinating emergency preparedness, response, recovery and homeland security activities within the state. In addition, Cal OES administers a variety of programs, including the Firefighting Thermal Imaging Equipment Program.
In 2001, the Legislature passed and the Governor signed AB 70 (Wright, et. al.), which created the Firefighting Thermal Imaging Equipment Act of 2001 (Act of 2001). The act established a program, administered by Cal OES, to acquire firefighting thermal imaging equipment on behalf of local and state agencies that provide fire suppression services and are interested in obtaining this equipment.
AB 2811 would repeal the Act of 2001 and replace it with Firefighting for the 21st Century Act of 2018 (Act). While the type of equipment for purchase is different, this bill retains much of the same process and bureaucracy as the Act of 2001.
Specific-Measurable-Actionable-Relevant-Timely (SMART) Equipment: Several fire departments across the country, working with technology companies such as Microsoft and others, are developing SMART tech to aid firefighters in saving lives during emergencies. Similar to virtual reality and holograms, this technology can be critical to outlining building and housing dimensions that could aid entry and egress for a burning structure with people still inside. Smoke filled rooms can be mitigated by visual assistance where augmented reality can project where furniture, walls or obstructions may be when responding to a fire emergency.
Beyond efforts of improving the current 911 telecommunications system, development of applications directed at assisting first responders on the ground has also begun (see “AUDREY” below). Emerging SMART technologies are being implemented to provide real-time traffic data, building and room layout information, first responder and victim location, physiological monitors and artificial intelligence. While SMART technologies are being developed and built, solutions are generally unrealized by first responders on the ground who are left to mitigate emergencies utilize a crumbling and underperforming communications systems.
“AUDREY”: Assistant for Understanding Data through Reasoning, Extraction, and sYnthesis (AUDREY) is an artificial intelligence system being developed by NASA's Jet Propulsion Laboratory. The technology is designed to be integrated with the "Internet of Things" -- the idea of numerous devices and sensors all wirelessly "talking" to one another. In the case of firefighters, wearable sensors in their clothes could pick up their GPS location, heat in other rooms, the presence of dangerous chemicals and gases, satellite imagery of a location and much more.
AUDREY is part of the Next Generation First Responder (NGFR) program, a Department of Homeland Security (DHS) initiative to innovate new ways to keep firefighters, police, paramedics and other first responders safe in the field through increased awareness of their surroundings and communication abilities.
Support: The California Professional Firefighters write in support: “AB 2811 would create the SMART Firefighting for the 21st Century Pilot Program within Cal OES for the purpose of providing grants, not to exceed five million dollars, to local and state agencies to acquire and utilize SMART firefighting equipment.
The women and men of the fire service face unique and increasing challenges every day as demonstrated by the devastating wildfires that raged in Northern and Southern California in 2017. Thankfully, California’s fire service is represented by the best trained women and men in the world. Integrating improved technology to enhance the ability to fight fires in urban and rural settings is imperative to ensure our firefighters have every tool at their disposal to ensure their safety and the safety of the public.
AB 2811 will create an important program to provide grants to local agencies to integrate and test new technology that has been developed. AB 2811’s grant program also includes important provisions to ensure labor and management work together to arrive at a consensus on the best ways to leverage this technology without impacting their existing budgets or a department’s ability to appropriately staff fire houses throughout the State.”
Prior/Related Legislation: AB 70 (Wright), chapter 837, Statutes of 2001, enacted the Firefighting Thermal Imaging Equipment Act of 2001, and established in OES a thermal imaging equipment purchasing program under which OES is required to acquire firefighting thermal imaging equipment on behalf of local and state agencies that are interested in obtaining this equipment. That same legislation also created an advisory committee consisting of designated firefighting representatives to develop specifications and information to facilitate the purchase of thermal imaging equipment at competitive rates. AB 70 additionally appropriated $50,000 from the General Fund to OES for funding the thermal imaging equipment-purchasing program established pursuant to this act. This funding, however, was vetoed by then-Governor Davis who in his consideration of this bill directed OES to begin establishing the program with existing resources.
REGISTERED SUPPORT / OPPOSITION:
Support
California Professional Firefighters
Colonel Edward Riehle (Ret.), United States Army
Cosumnes Fire Department
Fantasmo.io
Fit4Emergency
Parascom
Opposition
None on file
Analysis Prepared by: Kenton Stanhope / G.O. / (916) 319-2531
Discussed in Hearing
Assembly Standing Committee on Governmental Organization
Bill Author
Bill Co-Author(s):