Existing law authorizes the governing body of a city, county, or city and county, or a designated official, to declare a local emergency, as defined, when specified conditions of disaster or extreme peril to the safety of persons and property exist within the territorial limits of a city, county, or city and county. Existing law establishes various types of districts charged with specified duties within the Harbors and Navigation Code, including harbor improvement districts, harbor districts, port districts, river port districts, and small craft harbor districts.

This bill would revise the definition of a local emergency to include conditions of disaster or extreme peril to the safety of persons and property within the territorial limits of a district established under the Harbors and Navigation Code and would authorize a port district to declare a local emergency on the same basis as a city, county, or city and county. The bill would also provide legislative findings in support of these provisions.

This bill would incorporate additional changes to Section 8558 of the Government Code proposed by SB 532 to be operative only if this bill and SB 532 are enacted and this bill is enacted last.

This bill would incorporate additional changes to Section 8630 of the Government Code proposed by AB 2898 to be operative only if this bill and AB 2898 are enacted and this bill is enacted last.

Existing law authorizes the governing body of a city, county, or city and county, or a designated official, to declare a local emergency, as defined, when specified conditions of disaster or extreme peril to the safety of persons and property exist within the territorial limits of a city, county, or city and county. Existing law establishes various types of districts charged with specified duties within the Harbors and Navigation Code, including harbor improvement districts, harbor districts, port districts, river port districts, and small craft harbor districts.

This bill would revise the definition of a local emergency to include conditions of disaster or extreme peril to the safety of persons and property within the territorial limits of a district established under the Harbors and Navigation Code and would authorize a port district to declare a local emergency on the same basis as a city, county, or city and county. The bill would also provide legislative findings in support of these provisions.

Existing law authorizes the governing body of a city, county, or city and county, or a designated official, to declare a local emergency, as defined, when specified conditions of disaster or extreme peril to the safety of persons and property exist within the territorial limits of a city, county, or city and county. Existing law establishes various types of districts charged with specified duties within the Harbors and Navigation Code, including harbor improvement districts, harbor districts, port districts, river port districts, and small craft harbor districts.

This bill would revise the definition of a local emergency to include conditions of disaster or extreme peril to the safety of persons and property within the territorial limits of a district established under the Harbors and Navigation Code. Code and would authorize a port district to declare a local emergency on the same basis as a city, county, or city and county. The bill would also provide legislative findings in support of these provisions.

Existing law authorizes the local officials and local governments the governing body of a city, county, or city and county, or a designated official, to declare a local emergency, as defined, when specified conditions of disaster or extreme peril to the safety of persons and property exist within the territorial limits of a county, city and county, or city. city, county, or city and county. Existing law establishes various types of districts charged with specified duties within the Harbors and Navigation Code, including harbor improvement districts, harbor districts, port districts, river port districts, and small craft harbor districts.

This bill would authorize a district established under the Harbors and Navigation Code or by an official designated by ordinance adopted by that governing body to proclaim a local emergency. The bill would also revise the definition of a local emergency to include conditions of disaster or extreme peril to the safety of persons and property within the territorial limits of that district. a district established under the Harbors and Navigation Code.

Existing law authorizes the local officials and local governments to declare a local emergency, when specified conditions of disaster or extreme peril to the safety of persons and property exist within the territorial limits of a county, city and county, or city.

This bill would authorize a district established under the Harbors and Navigation Code or by an official designated by ordinance adopted by that governing body to proclaim a local emergency. The bill would also revise the definition of a local emergency to include conditions of disaster or extreme peril to the safety of persons and property within the territorial limits of that district.

 VETO  

Bill No: SB 531

Author:

:

Vote:

SENATE GOVERNMENTAL ORG. COMMITTEE: 11-0, 5/9/17

AYES: Glazer, Berryhill, Bradford, Cannella, Dodd, Gaines, Hill, Hueso, Mendoza, Portantino, Vidak

NO VOTE RECORDED: Galgiani, Lara

SENATE FLOOR: 37-0, 5/22/17

AYES: Allen, Atkins, Bates, Beall, Berryhill, Bradford, Cannella, De León, Dodd, Gaines, Galgiani, Glazer, Hernandez, Hertzberg, Hill, Hueso, Jackson, Lara, Leyva, McGuire, Mendoza, Mitchell, Monning, Moorlach, Morrell, Newman, Nguyen, Nielsen, Portantino, Roth, Skinner, Stern, Stone, Vidak, Wieckowski, Wiener, Wilk

NO VOTE RECORDED: Anderson, Fuller, Pan

SENATE FLOOR: 39-0, 8/21/18

AYES: Allen, Anderson, Atkins, Bates, Beall, Bradford, Cannella, Chang, De León, Delgado, Dodd, Fuller, Gaines, Galgiani, Glazer, Hernandez, Hertzberg, Hill, Hueso, Jackson, Lara, Leyva, McGuire, Mitchell, Monning, Moorlach, Morrell, Nguyen, Nielsen, Pan, Portantino, Roth, Skinner, Stern, Stone, Vidak, Wieckowski, Wiener, Wilk

NO VOTE RECORDED: Berryhill

ASSEMBLY FLOOR: 79-0, 8/20/18 - See last page for vote

SUBJECT: Local emergencies: districts

SOURCE: Author

DIGEST:

The bill revises the definition of a "local emergency" to include conditions of disaster or extreme peril to the safety of persons and property within the territorial limits of a district established under the Harbors and Navigation Code and authorizes a port district to declare a local emergency on the same basis as a city, county, or city and county.

ANALYSIS:

Existing law:

1. Specifies those events constituting a state or local emergency for purposes of the California Emergency Services Act (Act) and provides for specified activities in preparation for, or response to, those events.
2. Defines “local emergency” to mean a duly proclaimed existence of conditions of disaster or of extreme peril to the safety or persons and property within the territorial limits of a county, city and county, or city caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, drought, sudden and severe energy shortage, plant or animal infestation or disease, the Governor’s warning of an earthquake or volcanic prediction, or an earthquake, or other conditions, other than conditions resulting from a labor controversy, which are or are likely to be beyond the control of services, personnel, equipment, and facilities of that political subdivision and require the combined forces of other political subdivisions to combat, or with respect to regulated energy utilities, a sudden and severe energy shortage requires extraordinary measures beyond the authority vested in the California Public Utilities Commission.
3. Provides that a local emergency may be called by the governing body of a city, county, or city and county, or by an official designated by ordinance adopted by that governing body.
4. Specifies that in periods of a local emergency, political subdivisions shall have full power to provide mutual aid to any affected area in accordance with local ordinances, resolutions, emergency plans, or agreements.
5. Authorizes state agencies to provide mutual aid, including personnel, equipment, and or available resources, to assist political subdivisions during a local emergency or in accordance with mutual aid agreements or at the direction of the Governor.
6. Authorizes, during a local emergency, the governing body of a political subdivision, or officials designated thereby, may promulgate orders and regulations necessary to provide for the protection of life and property, including order of regulations imposing a curfew within a designated boundary where necessary to preserve the public order and safety.
7. Establishes, under the Harbors and Navigation Code, harbor improvement districts, harbor districts, port districts, river port district and small craft harbor districts.
8. Authorizes the Governor to proclaim a state of emergency in an area affected or likely to be affected when conditions of disaster or extreme peril exists, he or she is requested to do so upon request from a designated local government official, or when he or she finds that the local authority is inadequate to cope with the emergency.
9. Provides the Governor, during a state of emergency, to have complete authority over all agencies of the state government and the right to exercise within the area designated all police power vested in the state by the Constitution and laws of the State of California in order to effectuate the purposes of the Act.

This bill:

1. Revises the definition of a “local emergency” to include conditions of disaster or extreme peril to the safety of persons and property within the territorial limits of a district established under the Harbors and Navigation Code.
2. Authorizes a port district to declare a local emergency on the same basis as a city, county, or city and county.
3. Provides legislative findings in support of this bill.
4. Includes chaptering out language to SB 532 (Dodd, 2017).

Comments

Purpose of the bill. The author’s office argues that these types of districts face unique challenges. In addition, this bill simply clarifies that local cities and counties can declare a local emergency in certain types of district that are within their territorial limits. These districts include harbor improvement districts, harbor districts, port districts, river port districts, and small craft harbor districts.

This bill gives local governments the necessary tools to appropriately respond to solve these challenges.

Local emergency proclamations. Local emergency proclamations are issued by the governing body of a city, county, or city and county, or by an official designated by and adopted by a local ordinance. This official designee is usually a police/fire chief, or the director of emergency services. The ability to designate an individual occurs in case a local emergency needs to be proclaimed before the local governing body is able to meet.

A local emergency proclamation authorizes the undertaking of extraordinary policy power and provides limited immunity for emergency actions of public employees and governing bodies. For example, the proclamation might allow for the establishments of curfews in order to protect life and property. In addition, a local proclamation activates pre-established local emergency procedures.

A local emergency proclamation is also a prerequisite for requesting a Governor’s Proclamation of a State of Emergency and/or a Presidential Declaration of an Emergency or Major Disaster. A local emergency proclamation is not a prerequisite for mutual aid assistance.

Mutual aid. California’s emergency assistance is based on a statewide mutual aid system that is designed to ensure that additional resources are provided to the state’s political subdivisions whenever their own resources are overwhelmed or inadequate. Agreements are entered by various state departments and agencies and the various political subdivisions, municipal corporations and public agencies to assist each other by providing resources during a declared emergency. The agreement obligates each signatory entity to provide aid to each other during an emergency without expectation of reimbursement.

Under specific conditions, federal and state monies may be appropriated to reimburse public agencies who aid other jurisdictions. For mutual aid coordination purposes, California is divided into six mutual aid regions. The purpose of a mutual aid region is to provide for a more effective application and coordination of mutual aid and other emergency related activities.

Related/Prior Legislation

SB 532 (Dodd, 2017) adds “cyberterrorism” to the list of conditions that are named in the Act that constitute a state of emergency or local emergency. (Enrolled and presented to the Governor 9/11/18)

AB 220 (Ridley-Thomas, 2017) would have added “acute homelessness” to the list of conditions constituting a state of emergency and a local emergency. (Never heard in the Assembly Governmental Organization Committee)

AB 2306 (Donnelly, 2012) would have added “border security” to the list of conditions constituting a state of emergency and a local emergency. (Failed passage in Assembly Governmental Organization Committee)

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

SUPPORT: (Verified 9/17/18)

San Diego Unified Port District

OPPOSITION: (Verified 9/17/18)

None received

ARGUMENTS IN SUPPORT: According to the San Diego Unified Port District, “this legislation would give the Port of San Diego the authority and flexibility to reach as necessary when emergencies arise.”

GOVERNOR'S VETO MESSAGE:

I am returning Senate Bill 531 without my signature.

This bill adds port districts that are not a department, division, or a subdivision of a city or county to the list of political subdivisions permitted to declare a local emergency under the California Emergency Services Act.

Allowing port districts to declare a local emergency without involving their neighboring cities and counties runs counter to the system of mutual aid which is dependent upon local cooperation. By facilitating the efficient flow of resources and information, local cooperation during an emergency allows the state to determine the proper allocation of emergency support. This bill will disrupt the state's ability to evaluate such resource requests - to the possible detriment of those who need help.

ASSEMBLY FLOOR: 79-0, 8/20/18

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

NO VOTE RECORDED: Eggman

Prepared by:

10/2/18 14:32:22

**** END ****

 UNFINISHED BUSINESS  

Bill No: SB 531

Author:

:

Vote:

SENATE GOVERNMENTAL ORG. COMMITTEE: 11-0, 5/9/17

AYES: Glazer, Berryhill, Bradford, Cannella, Dodd, Gaines, Hill, Hueso, Mendoza, Portantino, Vidak

NO VOTE RECORDED: Galgiani, Lara

SENATE FLOOR: 37-0, 5/22/17

AYES: Allen, Atkins, Bates, Beall, Berryhill, Bradford, Cannella, De León, Dodd, Gaines, Galgiani, Glazer, Hernandez, Hertzberg, Hill, Hueso, Jackson, Lara, Leyva, McGuire, Mendoza, Mitchell, Monning, Moorlach, Morrell, Newman, Nguyen, Nielsen, Portantino, Roth, Skinner, Stern, Stone, Vidak, Wieckowski, Wiener, Wilk

NO VOTE RECORDED: Anderson, Fuller, Pan

ASSEMBLY FLOOR: 76-0, 8/13/18 - See last page for vote

SUBJECT: Local emergencies: districts

SOURCE: Author

DIGEST:

The bill revises the definition of a "local emergency" to include conditions of disaster or extreme peril to the safety of persons and property within the territorial limits of a district established under the Harbors and Navigation Code and would authorize a port district to declare a local emergency on the same basis as a city, county, or city and county.

Assembly Amendments

(1) authorize a port district to declare a local emergency on the same basis as a city, county, or city and county; (2) add legislative findings in support of that provision; and (3) add chaptering out language.

ANALYSIS:

Existing law:

1. Specifies those events constituting a state or local emergency for purposes of the California Emergency Services Act (Act) and provides for specified activities in preparation for, or response to, those events.
2. Defines “local emergency” to mean a duly proclaimed existence of conditions of disaster or of extreme peril to the safety or persons and property within the territorial limits of a county, city and county, or city caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, drought, sudden and severe energy shortage, plant or animal infestation or disease, the Governor’s warning of an earthquake or volcanic prediction, or an earthquake, or other conditions, other than conditions resulting from a labor controversy, which are or are likely to be beyond the control of services, personnel, equipment, and facilities of that political subdivision and require the combined forces of other political subdivisions to combat, or with respect to regulated energy utilities, a sudden and severe energy shortage requires extraordinary measures beyond the authority vested in the California Public Utilities Commission.
3. Provides that a local emergency may be called by the governing body of a city, county, or city and county, or by an official designated by ordinance adopted by that governing body.
4. Specifies that in periods of a local emergency, political subdivisions shall have full power to provide mutual aid to any affected area in accordance with local ordinances, resolutions, emergency plans, or agreements.
5. Authorizes state agencies to provide mutual aid, including personnel, equipment, and or available resources, to assist political subdivisions during a local emergency or in accordance with mutual aid agreements or at the direction of the Governor.
6. Authorizes, during a local emergency, the governing body of a political subdivision, or officials designated thereby, may promulgate orders and regulations necessary to provide for the protection of life and property, including order of regulations imposing a curfew within a designated boundary where necessary to preserve the public order and safety.
7. Establishes, under the Harbors and Navigation Code, harbor improvement districts, harbor districts, port districts, river port district and small craft harbor districts.
8. Authorizes the Governor to proclaim a state of emergency in an area affected or likely to be affected when conditions of disaster or extreme peril exists, he or she is requested to do so upon request from a designated local government official, or when he or she finds that the local authority is inadequate to cope with the emergency.
9. Provides the Governor, during a state of emergency, to have complete authority over all agencies of the state government and the right to exercise within the area designated all police power vested in the state by the Constitution and laws of the State of California in order to effectuate the purposes of the Act.

This bill:

1. Revises the definition of a “local emergency” to include conditions of disaster or extreme peril to the safety of persons and property within the territorial limits of a district established under the Harbors and Navigation Code.
2. Authorizes a port district to declare a local emergency on the same basis as a city, county, or city and county.
3. Provides legislative findings in support of this bill.
4. Includes chaptering out language to SB 532 (Dodd, 2017).

Comments

Purpose of the bill. The author’s office argues that these types of districts face unique challenges. In addition, this bill simply clarifies that local cities and counties can declare a local emergency in certain types of district that are within their territorial limits. These districts include harbor improvement districts, harbor districts, port districts, river port districts, and small craft harbor districts.

This bill gives local governments the necessary tools to appropriately respond to solve these challenges.

Local emergency proclamations. Local emergency proclamations are issued by the governing body of a city, county, or city and county, or by an official designated by and adopted by a local ordinance. This official designee is usually a police/fire chief, or the director of emergency services. The ability to designate an individual occurs in case a local emergency needs to be proclaimed before the local governing body is able to meet.

A local emergency proclamation authorizes the undertaking of extraordinary policy power and provides limited immunity for emergency actions of public employees and governing bodies. For example, the proclamation might allow for the establishments of curfews in order to protect life and property. In addition, a local proclamation activates pre-established local emergency procedures.

A local emergency proclamation is also a prerequisite for requesting a Governor’s Proclamation of a State of Emergency and/or a Presidential Declaration of an Emergency or Major Disaster. A local emergency proclamation is not a prerequisite for mutual aid assistance.

Mutual aid. California’s emergency assistance is based on a statewide mutual aid system that is designed to ensure that additional resources are provided to the state’s political subdivisions whenever their own resources are overwhelmed or inadequate. Agreements are entered by various state departments and agencies and the various political subdivisions, municipal corporations and public agencies to assist each other by providing resources during a declared emergency. The agreement obligates each signatory entity to provide aid to each other during an emergency without expectation of reimbursement.

Under specific conditions, federal and state monies may be appropriated to reimburse public agencies who aid other jurisdictions. For mutual aid coordination purposes, California is divided into six mutual aid regions. The purpose of a mutual aid region is to provide for a more effective application and coordination of mutual aid and other emergency related activities.

Related/Prior Legislation

SB 532 (Dodd, 2017) adds “cyberterrorism” to the list of conditions that are named in the California Emergency Services Act that constitute a state of emergency or local emergency.

AB 220 (Ridley-Thomas, 2017) would have added “acute homelessness” to the list of conditions constituting a state of emergency and a local emergency. (Never heard in the Assembly Governmental Organization Committee)

AB 2306 (Donnelly, 2012) would have added “border security” to the list of conditions constituting a state of emergency and a local emergency. (Failed passage in Assembly Governmental Organization Committee)

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

SUPPORT: (Verified 8/20/18)

San Diego Unified Port District

OPPOSITION: (Verified 8/20/18)

None received

ARGUMENTS IN SUPPORT: According to the San Diego Port District, “this legislation would give the Port of San Diego the authority and flexibility to reach as necessary when emergencies arise.”

ASSEMBLY FLOOR: 76-0, 8/13/18

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

NO VOTE RECORDED: Cooper, Dahle, Santiago, Voepel

Prepared by:

8/21/18 13:33:02

**** END ****

SENATE THIRD READING

STR Bill Id:SB 531

Author:(Galgiani)

As Amended Ver:August 13, 2017

Majority vote

SENATE VOTE: 37-0

SUMMARY: Would revise the definition of a "local emergency" to include conditions of disaster or extreme peril to the safety of persons and property within the territorial limits of a district established under the Harbors and Navigation Code caused by certain conditions, including "cyberterrorism" and would authorize a port district to declare a local emergency on the same basis as a city, county, or city and county. The bill would also provide legislative findings in support of these provisions.

EXISTING LAW:

1. Specifies those events constituting a state or local emergency for purposes of the California Emergency Services Act (Act) and provides for specified activities in preparation for, or response to, those events.
2. Defines "local emergency" to mean a duly proclaimed existence of conditions of disaster or of extreme peril to the safety or persons and property within the territorial limits of a county, city and county, or city caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, drought, sudden and severe energy shortage, plant or animal infestation or disease, the Governor's warning of an earthquake or volcanic prediction, or an earthquake, or other conditions, other than conditions resulting from a labor controversy, which are or are likely to be beyond the control of services, personnel, equipment, and facilities of that political subdivision and require the combined forces of other political subdivisions to combat, or with respect to regulated energy utilities, a sudden and severe energy shortage requires extraordinary measures beyond the authority vested in the California Public Utilities Commission.
3. Provides that a local emergency may be called by the governing body of a city, county, or city and county, or by an official designated by ordinance adopted by that governing body.
4. Specifies that in periods of a local emergency, political subdivisions shall have full power to provide mutual aid to any affected area in accordance with local ordinances, resolutions, emergency plans, or agreements.
5. Authorizes state agencies to provide mutual aid, including personnel, equipment, and or available resources, to assist political subdivisions during a local emergency or in accordance with mutual aid agreements or at the direction of the Governor.
6. Authorizes, during a local emergency, the governing body of a political subdivision, or officials designated thereby, may promulgate orders and regulations necessary to provide for the protection of life and property, including order of regulations imposing a curfew within a designated boundary where necessary to preserve the public order and safety.
7. Establishes, under the Harbors and Navigation Code, harbor improvement districts, harbor districts, port districts, river port district and small craft harbor districts.
8. Authorizes the Governor to proclaim a state of emergency in an area affected or likely to be affected when conditions of disaster or extreme peril exists, he or she is requested to do so upon request from a designated local government official, or when he or she finds that the local authority is inadequate to cope with the emergency.
9. Provides the Governor, during a state of emergency, to have complete authority over all agencies of the state government and the right to exercise within the area designated all police power vested in the state by the Constitution and laws of the State of California in order to effectuate the purposes of the Act.
10. Establishes the California Disaster Assistance Act (CDAA), which generally provides that the state must pay 75% of the non-federal share of eligible costs for any state declared emergency. For some statutorily specified disasters, the state is required to pay 100% of the non-federal cost.
11. Limits reimbursements of disaster relief funds to local governments for debris removal, emergency work, and repair or replacement of public facilities.

FISCAL EFFECT: None. This bill is keyed non-fiscal by the Legislative Counsel.

COMMENTS:

Purpose of the bill: According to the Author, "This bill is necessary to ensure the State's 4 independent special district Ports have the authority to proclaim a local emergency consistent with the powers provided to cities and counties. SB 531 recognizes the unique governing structure of independent port district operations, which often times encompass several cities and/or counties and are responsible for their own public safety operations."

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

CESA gives the Governor the authority to proclaim a state of emergency in an area affected or likely to be affected when: a) conditions of disaster or extreme peril exist; b) he or she is requested to do so upon request from a designated local government official: or c) he or she finds that local authority is inadequate to cope with the emergency. Local governments may also issue local emergency proclamations, which is a prerequisite for requesting Governor's Proclamation of a State of Emergency.

Local Emergency Proclamations: Local emergency proclamations are issued by the governing body of a city, county, or city and county, or by an official designated by and adopted by a local ordinance. This official designee is usually a police/fire chief, or the director of emergency services. The ability to designate an individual occurs in case a local emergency needs to be proclaimed before the local governing body is able to meet.

A local emergency proclamation authorizes the undertaking of extraordinary policy power and provides limited immunity for emergency actions of public employees and governing bodies. For example, the proclamation might allow for the establishments of curfews in order to protect life and property. In addition, a local proclamation activates pre-established local emergency procedures.

A local emergency proclamation is also a prerequisite for requesting a Governor's Proclamation of a State of Emergency and/or a Presidential Declaration of an Emergency or Major Disaster. A local emergency proclamation is not a prerequisite for mutual aid assistance.

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

Special Districts: Under current law, only a city or county is authorized to declare a local emergency. Special districts lack sufficient statutory power to declare an emergency and rely on the city/county government in which they reside to issue an emergency proclamation.

This bill would expand the authority to issue a local emergency proclamation to specified port districts under the Harbors and Navigation Code that are not a department, division, or a subdivision of a city or county or a city and county, and which receives and exports commodities on oceangoing vessels that have a commercial capacity of 15,000 deadweight tonnage or more. The definition of port districts in the bill would narrowly apply to four port districts independent from another local government. These port districts include: Humboldt Bay Harbor, Recreation and Conservation District; Port of Hueneme; Port of San Diego; and Port of Stockton. According to the Author, it is critical these four independent port districts have the authority to declare a local emergency within their district because of their "unique governing structure …which often times encompass several cities and/or counties and are responsible for their own public safety operations."

Prior/Related Legislation: SB 532 (Dodd) of the current legislative session. Would add "cyberattacks" to the list of conditions that are named in the Act that may be cited to support the proclamation of a state of emergency or local emergency. (Pending in Assembly Governmental Organization Committee)

SB 452 (Glazer) of the current legislative session. Would have added "cyberattacks" to the list of conditions that are named in the Act that may be cited to support the proclamation of a state of emergency or local emergency. (Substantially amended)

AB 220 (Ridley-Thomas) of 2017. Would have added "acute homelessness" to the list of conditions constituting a state of emergency and a local emergency. (Failed passage Assembly Governmental Organization Committee)

AB 2306 (Donnelly) of 2012. Would have added "border security" to the list of conditions constituting a state of emergency and a local emergency. (Failed passage in Assembly Governmental Organization Committee)

Analysis Prepared by: Kenton Stanhope / G.O. / (916) 319-2531 FN: 0003923

SENATE THIRD READING

STR Bill Id:SB 531

Author:(Galgiani)

As Amended Ver:June 19, 2017

Majority vote

SENATE VOTE: 37-0

SUMMARY: Revises the definition of a "local emergency" to include conditions of disaster or extreme peril to the safety of persons and property within the territorial limits of districts established under the Harbors and Navigation Code.

EXISTING LAW:

1. Specifies those events constituting a state or local emergency for purposes of the California Emergency Services Act (Act) and provides for specified activities in preparation for, or response to, those events.
2. Defines "local emergency" to mean a duly proclaimed existence of conditions of disaster or of extreme peril to the safety or persons and property within the territorial limits of a county, city and county, or city caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, drought, sudden and severe energy shortage, plant or animal infestation or disease, the Governor's warning of an earthquake or volcanic prediction, or an earthquake, or other conditions, other than conditions resulting from a labor controversy, which are or are likely to be beyond the control of services, personnel, equipment, and facilities of that political subdivision and require the combined forces of other political subdivisions to combat, or with respect to regulated energy utilities, a sudden and severe energy shortage requires extraordinary measures beyond the authority vested in the California Public Utilities Commission.
3. Provides that a local emergency may be called by the governing body of a city, county, or city and county, or by an official designated by ordinance adopted by that governing body.
4. Specifies that in periods of a local emergency, political subdivisions shall have full power to provide mutual aid to any affected area in accordance with local ordinances, resolutions, emergency plans, or agreements.
5. Authorizes state agencies to provide mutual aid, including personnel, equipment, and or available resources, to assist political subdivisions during a local emergency or in accordance with mutual aid agreements or at the direction of the Governor.
6. Authorizes, during a local emergency, the governing body of a political subdivision, or officials designated thereby, may promulgate orders and regulations necessary to provide for the protection of life and property, including order of regulations imposing a curfew within a designated boundary where necessary to preserve the public order and safety.
7. Establishes, under the Harbors and Navigation Code, harbor improvement districts, harbor districts, port districts, river port district and small craft harbor districts.
8. Authorizes the Governor to proclaim a state of emergency in an area affected or likely to be affected when conditions of disaster or extreme peril exists, he or she is requested to do so upon request from a designated local government official, or when he or she finds that the local authority is inadequate to cope with the emergency.
9. Provides the Governor, during a state of emergency, to have complete authority over all agencies of the state government and the right to exercise within the area designated all police power vested in the state by the Constitution and laws of the State of California in order to effectuate the purposes of the Act.
10. Establishes the California Disaster Assistance Act (CDAA) which generally provides that the state must pay 75% of the non-federal share of eligible costs for any state declared emergency. For some statutorily specified disasters the state is required to pay 100% of the non-federal cost.
11. Limits reimbursements of disaster relief funds to local governments for debris removal, emergency work, and repair or replacement of public facilities.

FISCAL EFFECT: This bill is keyed non-fiscal by the Legislative Counsel.

COMMENTS:

Purpose of the bill: According to the Author, "This bill is necessary to ensure the State's 4 independent special district Ports have the authority to proclaim a local emergency consistent with the powers provided to cities and counties. SB 531 recognizes the unique governing structure of independent port district operations, which often times encompass several cities and/or counties and are responsible for their own public safety operations."

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

CESA gives the Governor the authority to proclaim a state of emergency in an area affected or likely to be affected when: a) conditions of disaster or extreme peril exist; b) he or she is requested to do so upon request from a designated local government official: or c) he or she finds that local authority is inadequate to cope with the emergency. Local governments may also issue local emergency proclamations, which is a prerequisite for requesting Governor's Proclamation of a State of Emergency.

Local Emergency Proclamations: Local emergency proclamations are issued by the governing body of a city, county, or city and county, or by an official designated by and adopted by a local ordinance. This official designee is usually a police/fire chief, or the director of emergency services. The ability to designate an individual occurs in case a local emergency needs to be proclaimed before the local governing body is able to meet.

A local emergency proclamation authorizes the undertaking of extraordinary policy power and provides limited immunity for emergency actions of public employees and governing bodies. For example, the proclamation might allow for the establishments of curfews in order to protect life and property. In addition, a local proclamation activates pre-established local emergency procedures.

A local emergency proclamation is also a prerequisite for requesting a Governor's Proclamation of a State of Emergency and/or a Presidential Declaration of an Emergency or Major Disaster. A local emergency proclamation is not a prerequisite for mutual aid assistance.

CDAA: The California Disaster Assistance Act (Act) is California's state disaster assistance program. The Act reimburses local governments for debris removal, emergency work, and repair or replacement of public facilities damaged by a disaster upon a Governor's proclamation. The state share of eligible expenses is 75%, and local jurisdictions are responsible for the remaining 25%. When there is a federal declaration, the Federal Emergency Management Agency (FEMA) pays 75% and the state pays 75% of the remaining 25%. In recent federally declared disasters, it has been the Legislature's practice to increase the Act funding to 100% so that the state would pay the entire remaining 25% nonfederal share of eligible costs. The Legislature usually has not increased the Act funding to 100% for state-only disasters that are not federally declared. For some statutorily specified disasters, the state has paid 100% of the non-federal eligible disaster mitigation costs. It is important to note that the enactment of SB 531 would not guarantee a harbor or port district CDAA funding, which is not eligible until a Governor's proclamation.

Special Districts: Under current law, only a city or county is authorized to declare a local emergency. Special districts lack sufficient statutory power to declare an emergency and rely on the city/county government in which they reside to issue an emergency proclamation.

This bill would expand the authority to issue a local emergency proclamation to specified port districts under the Harbors and Navigation Code that are not a department, division, or a subdivision of a city or county or a city and county, and which receives and exports commodities on oceangoing vessels that have a commercial capacity of 15,000 deadweight tonnage or more. The definition of port districts in the bill would narrowly apply to four port districts independent from another local government. These port districts include: Humboldt Bay Harbor, Recreation and Conservation District; Port of Hueneme; Port of San Diego; and Port of Stockton. According to the Author, it is critical these four independent port districts have the authority to declare a local emergency within their district because of their "unique governing structure …which often times encompass several cities and/or counties and are responsible for their own public safety operations."

Prior/Related Legislation: SB 532 (Dodd) of the current legislative session. Would add "cyberattacks" to the list of conditions that are named in the Act that may be cited to support the proclamation of a state of emergency or local emergency. (Pending in Assembly Governmental Organization Committee)

SB 452 (Glazer) of the current legislative session. Would have added "cyberattacks" to the list of conditions that are named in the Act that may be cited to support the proclamation of a state of emergency or local emergency. (Substantially amended)

AB 220 (Ridley-Thomas) of 2017. Would have added "acute homelessness" to the list of conditions constituting a state of emergency and a local emergency. (Died Assembly Governmental Organization Committee)

AB 2306 (Donnelly) of 2012. Would have added "border security" to the list of conditions constituting a state of emergency and a local emergency. (Failed passage in Assembly Governmental Organization Committee)

Analysis Prepared by: Kenton Stanhope / G.O. / (916) 319-2531 FN: 0003591

Date of Hearing: June 20, 2018

ASSEMBLY COMMITTEE ON GOVERNMENTAL ORGANIZATION

Adam Gray, Chair

SBPCA Bill Id:SB 531

Author:(Galgiani) – As Amended Ver:June 19, 2017

SENATE VOTE: 37-0

SUBJECT: Local emergencies: districts

SUMMARY: Revises the definition of a “local emergency” to include conditions of disaster or extreme peril to the safety of persons and property within the territorial limits of districts established under the Harbors and Navigation Code.

EXISTING LAW:

1. Specifies those events constituting a state or local emergency for purposes of the California Emergency Services Act (Act) and provides for specified activities in preparation for, or response to, those events.
2. Defines “local emergency” to mean a duly proclaimed existence of conditions of disaster or of extreme peril to the safety or persons and property within the territorial limits of a county, city and county, or city caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, drought, sudden and severe energy shortage, plant or animal infestation or disease, the Governor’s warning of an earthquake or volcanic prediction, or an earthquake, or other conditions, other than conditions resulting from a labor controversy, which are or are likely to be beyond the control of services, personnel, equipment, and facilities of that political subdivision and require the combined forces of other political subdivisions to combat, or with respect to regulated energy utilities, a sudden and severe energy shortage requires extraordinary measures beyond the authority vested in the California Public Utilities Commission.
3. Provides that a local emergency may be called by the governing body of a city, county, or city and county, or by an official designated by ordinance adopted by that governing body.
4. Specifies that in periods of a local emergency, political subdivisions shall have full power to provide mutual aid to any affected area in accordance with local ordinances, resolutions, emergency plans, or agreements.
5. Authorizes state agencies to provide mutual aid, including personnel, equipment, and or available resources, to assist political subdivisions during a local emergency or in accordance with mutual aid agreements or at the direction of the Governor.
6. Authorizes, during a local emergency, the governing body of a political subdivision, or officials designated thereby, may promulgate orders and regulations necessary to provide for the protection of life and property, including order of regulations imposing a curfew within a designated boundary where necessary to preserve the public order and safety.
7. Establishes, under the Harbors and Navigation Code, harbor improvement districts, harbor districts, port districts, river port district and small craft harbor districts.
8. Authorizes the Governor to proclaim a state of emergency in an area affected or likely to be affected when conditions of disaster or extreme peril exists, he or she is requested to do so upon request from a designated local government official, or when he or she finds that the local authority is inadequate to cope with the emergency.
9. Provides the Governor, during a state of emergency, to have complete authority over all agencies of the state government and the right to exercise within the area designated all police power vested in the state by the Constitution and laws of the State of California in order to effectuate the purposes of the Act.
10. Establishes the California Disaster Assistance Act (CDAA) which generally provides that the state must pay 75% of the non-federal share of eligible costs for any state declared emergency. For some statutorily specified disasters the state is required to pay 100% of the non-federal cost.
11. Limits reimbursements of disaster relief funds to local governments for debris removal, emergency work, and repair or replacement of public facilities.

FISCAL EFFECT: This bill is keyed non-fiscal by Legislative Counsel.

COMMENTS:

Purpose of the bill: According to the Author, “This bill is necessary to ensure the State’s 4 independent special district Ports have the authority to proclaim a local emergency consistent with the powers provided to cities and counties.  SB 531 recognizes the unique governing structure of independent port district operations, which often times encompass several cities and/or counties and are responsible for their own public safety operations.”

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

CESA gives the Governor the authority to proclaim a state of emergency in an area affected or likely to be affected when: a) conditions of disaster or extreme peril exist; b) he or she is requested to do so upon request from a designated local government official: or c) he or she finds that local authority is inadequate to cope with the emergency. Local governments may also issue local emergency proclamations, which is a prerequisite for requesting Governor’s Proclamation of a State of Emergency.

Local Emergency Proclamations: Local emergency proclamations are issued by the governing body of a city, county, or city and county, or by an official designated by and adopted by a local ordinance. This official designee is usually a police/fire chief, or the director of emergency services. The ability to designate an individual occurs in case a local emergency needs to be proclaimed before the local governing body is able to meet.

A local emergency proclamation authorizes the undertaking of extraordinary policy power and provides limited immunity for emergency actions of public employees and governing bodies. For example, the proclamation might allow for the establishments of curfews in order to protect life and property. In addition, a local proclamation activates pre-established local emergency procedures.

A local emergency proclamation is also a prerequisite for requesting a Governor’s Proclamation of a State of Emergency and/or a Presidential Declaration of an Emergency or Major Disaster. A local emergency proclamation is not a prerequisite for mutual aid assistance.

CDAA: The California Disaster Assistance Act (Act) is California's state disaster assistance program. The Act reimburses local governments for debris removal, emergency work, and repair or replacement of public facilities damaged by a disaster upon a Governor's proclamation. The state share of eligible expenses is 75%, and local jurisdictions are responsible for the remaining 25%. When there is a federal declaration, the Federal Emergency Management Agency (FEMA) pays 75% and the state pays 75% of the remaining 25%. In recent federally declared disasters, it has been the Legislature's practice to increase the Act funding to 100% so that the state would pay the entire remaining 25% nonfederal share of eligible costs. The Legislature usually has not increased the Act funding to 100% for state-only disasters that are not federally declared. For some statutorily specified disasters, the state has paid 100% of the non-federal eligible disaster mitigation costs. It is important to note that the enactment of SB 531 would not guarantee a harbor or port district CDAA funding, which is not eligible until a Governor’s proclamation.

Special Districts: Under current law, only a city or county is authorized to declare a local emergency. Special districts lack sufficient statutory power to declare an emergency and rely on the city/county government in which they reside to issue an emergency proclamation.

This bill would expand the authority to issue a local emergency proclamation to specified port districts under the Harbors and Navigation Code that are not a department, division, or a subdivision of a city or county or a city and county, and which receives and exports commodities on oceangoing vessels that have a commercial capacity of 15,000 deadweight tonnage or more. The definition of port districts in the bill would narrowly apply to four port districts independent from another local government. These port districts include: Humboldt Bay Harbor, Recreation and Conservation District; Port of Hueneme; Port of San Diego; and Port of Stockton. According to the Author, it is critical these four independent port districts have the authority to declare a local emergency within their district because of their “unique governing structure …which often times encompass several cities and/or counties and are responsible for their own public safety operations.”

Support: The Port of Stockton writes in support, “Ports are unique governmental entities with special powers and deal with such unique problems that it is worthwhile to allow them to apply their specialized expertise to determine when a port centric emergency exists. For this reason, the Board of Port Commissioners support legislative language allowing special districts formed under the Harbors and Navigation Code to proclaim an emergency.”

Prior/Related Legislation: SB 532 (Dodd) of 2017-2018 Legislative Session. Would add “cyberattacks” to the list of conditions that are named in the Act that may be cited to support the proclamation of a state of emergency or local emergency. (Pending in Assembly Governmental Organization Committee)

SB 452 (Glazer) of 2017-2018 Legislative Session. Would have added “cyberattacks” to the list of conditions that are named in the Act that may be cited to support the proclamation of a state of emergency or local emergency. (Gut and Amended)

AB 220 (Ridley-Thomas) of 2017-2018 Legislative Session. Would have added “acute homelessness” to the list of conditions constituting a state of emergency and a local emergency. (Died Assembly Governmental Organization Committee)

AB 2306 (Donnelly) of 2011-2012 Legislative Session. Would have added “border security” to the list of conditions constituting a state of emergency and a local emergency. (Died in Assembly Governmental Organization Committee)

REGISTERED SUPPORT / OPPOSITION:

Support

Port of Stockton

Unified Port of San Diego

Opposition

None on file.

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

 THIRD READING  

Bill No: SB 531

Author:

Amended:

Vote:

SENATE GOVERNMENTAL ORG. COMMITTEE: 11-0, 5/9/17

AYES: Glazer, Berryhill, Bradford, Cannella, Dodd, Gaines, Hill, Hueso, Mendoza, Portantino, Vidak

NO VOTE RECORDED: Galgiani, Lara

SUBJECT: Local emergencies: districts

SOURCE: Author

DIGEST: This bill revises the definition of a local emergency to include conditions of disaster or extreme peril to the safety of persons and property within the territorial limits of a district established under the Harbor and Navigation Code. These districts include harbor improvement districts, harbor districts, port districts, river port districts, and small craft harbor districts.

ANALYSIS:

Existing law:

1. Specifies those events constituting a state or local emergency for purposes of the California Emergency Services Act (Act) and provides for specified activities in preparation for, or response to, those events.
2. Defines “local emergency” to mean a duly proclaimed existence of conditions of disaster or of extreme peril to the safety or persons and property within the territorial limits of a county, city and county, or city caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, drought, sudden and severe energy shortage, plant or animal infestation or disease, the Governor’s warning of an earthquake or volcanic prediction, or an earthquake, or other conditions, other than conditions resulting from a labor controversy, which are or are likely to be beyond the control of services, personnel, equipment, and facilities of that political subdivision and require the combined forces of other political subdivisions to combat, or with respect to regulated energy utilities, a sudden and severe energy shortage requires extraordinary measures beyond the authority vested in the California Public Utilities Commission.
3. Provides that a local emergency may be called by the governing body of a city, county, or city and county, or by an official designated by ordinance adopted by that governing body.
4. Specifies that in periods of a local emergency, political subdivisions shall have full power to provide mutual aid to any affected area in accordance with local ordinances, resolutions, emergency plans, or agreements.
5. Authorizes state agencies to provide mutual aid, including personnel, equipment, and or available resources, to assist political subdivisions during a local emergency or in accordance with mutual aid agreements or at the direction of the Governor.
6. Authorizes, during a local emergency, the governing body of a political subdivision, or officials designated thereby, may promulgate orders and regulations necessary to provide for the protection of life and property, including order of regulations imposing a curfew within a designated boundary where necessary to preserve the public order and safety.
7. Establishes, under the Harbors and Navigation Code, harbor improvement districts, harbor districts, port districts, river port district and small craft harbor districts.
8. Authorizes the Governor to proclaim a state of emergency in an area affected or likely to be affected when conditions of disaster or extreme peril exists, he or she is requested to do so upon request from a designated local government official, or when he or she finds that the local authority is inadequate to cope with the emergency.
9. Provides the Governor, during a state of emergency, to have complete authority over all agencies of the state government and the right to exercise within the area designated all police power vested in the state by the Constitution and laws of the State of California in order to effectuate the purposes of the Act.

This bill revises the definition of a local emergency to include conditions of disaster or extreme peril to the safety of persons and property within the territorial limits of districts established under the Harbors and Navigation Code.

Background

Purpose of the bill. The author’s office argues that these types of districts face unique challenges. In addition, the bill simply clarifies that local cities and counties can declare a local emergency in certain types of district that are within their territorial limits. These districts include harbor improvement districts, harbor districts, port districts, river port districts, and small craft harbor districts.

This bill gives local governments the necessary tools to appropriately respond to solve these challenges.

Local emergency proclamations. Local emergency proclamations are issued by the governing body of a city, county, or city and county, or by an official designated by and adopted by a local ordinance. This official designee is usually a police/fire chief, or the director of emergency services. The ability to designate an individual occurs in case a local emergency needs to be proclaimed before the local governing body is able to meet.

A local emergency proclamation authorizes the undertaking of extraordinary policy power and provides limited immunity for emergency actions of public employees and governing bodies. For example, the proclamation might allow for the establishments of curfews in order to protect life and property. In addition, a local proclamation activates pre-established local emergency procedures.

A local emergency proclamation is also a prerequisite for requesting a Governor’s Proclamation of a State of Emergency and/or a Presidential Declaration of an Emergency or Major Disaster. A local emergency proclamation is not a prerequisite for mutual aid assistance.

Mutual aid. California’s emergency assistance is based on a statewide mutual aid system that is designed to ensure that additional resources are provided to the state’s political subdivisions whenever their own resources are overwhelmed or inadequate. Agreements are entered by various state departments and agencies and the various political subdivisions, municipal corporations and public agencies to assist each other by providing resources during a declared emergency. The agreement obligates each signatory entity to provide aid to each other during an emergency without expectation of reimbursement.

Under specific conditions, federal and state monies may be appropriated to reimburse public agencies who aid other jurisdictions. For mutual aid coordination purposes, California is divided into six mutual aid regions. The purpose of a mutual aid region is to provide for a more effective application and coordination of mutual aid and other emergency related activities.

Related/Prior Legislation

SB 452 (Glazer, 2017) adds “cyberattacks” to the list of conditions that are named in the Act that may be cited to support the proclamation of a state of emergency or local emergency. (Pending on the Senate floor)

AB 220 (Ridley-Thomas, 2017) adds “acute homelessness” to the list of conditions constituting a state of emergency and a local emergency. (Pending in the Assembly Governmental Organization Committee)

AB 2306 (Donnelly, 2012) would have added “border security” to the list of conditions constituting a state of emergency and a local emergency. (Failed passage in the Assembly Governmental Organization Committee)

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

SUPPORT: (Verified 5/17/17)

San Diego Unified Port District

OPPOSITION: (Verified 5/17/17)

None received

ARGUMENTS IN SUPPORT: The San Diego Unified Port District states that whether natural or man-made, the ability of the Port of San Diego to respond and assess an emergency is crucial to national defense, as well as their regional and national economy.

Prepared by:

5/17/17 16:00:11

**** END ****

SENATE COMMITTEE ON GOVERNMENTAL ORGANIZATION

Senator Steven Glazer

Chair

2017 - 2018 Regular

Bill No: 531 Hearing Date: 5/9/17

SUBJECT: Local emergencies

DIGEST: This bill authorizes a district established under the Harbors and Navigation Code or by an official designated by ordinance adopted by that governing body to proclaim a local emergency. In addition, the bill revises the definition of a local emergency to include conditions of disaster or extreme peril to the safety of persons and property within the territorial limits of those districts. These districts include harbor improvement districts, harbor districts, port districts, river port districts, and small craft harbor districts.

ANALYSIS:

Existing law:

1. Specifies those events constituting a state or local emergency for purposes of the California Emergency Services Act (Act) and provides for specified activities in preparation for, or response to, those events.
2. Defines “local emergency” to mean a duly proclaimed existence of conditions of disaster or of extreme peril to the safety or persons and property within the territorial limits of a county, city and county, or city caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, drought, sudden and severe energy shortage, plant or animal infestation or disease, the Governor’s warning of an earthquake or volcanic prediction, or an earthquake, or other conditions, other than conditions resulting from a labor controversy, which are or are likely to be beyond the control of services, personnel, equipment, and facilities of that political subdivision and require the combined forces of other political subdivisions to combat, or with respect to regulated energy utilities, a sudden and severe energy shortage requires extraordinary measures beyond the authority vested in the California Public Utilities Commission.
3. Provides that a local emergency may be called by the governing body of a city, county, or city and county, or by an official designated by ordinance adopted by that governing body.
4. Specifies that in periods of a local emergency, political subdivisions shall have full power to provide mutual aid to any affected area in accordance with local ordinances, resolutions, emergency plans, or agreements.
5. Authorizes state agencies to provide mutual aid, including personnel, equipment, and or available resources, to assist political subdivisions during a local emergency or in accordance with mutual aid agreements or at the direction of the Governor.
6. Authorizes, during a local emergency, the governing body of a political subdivision, or officials designated thereby, may promulgate orders and regulations necessary to provide for the protection of life and property, including order of regulations imposing a curfew within a designated boundary where necessary to preserve the public order and safety.
7. Establishes, under the Harbors and Navigation Code, harbor improvement districts, harbor districts, port districts, river port district and small craft harbor districts.
8. Authorizes the Governor to proclaim a state of emergency in an area affected or likely to be affected when conditions of disaster or extreme peril exists, he or she is requested to do so upon request from a designated local government official, or when he or she finds that the local authority is inadequate to cope with the emergency.
9. Provides the Governor, during a state of emergency, to have complete authority over all agencies of the state government and the right to exercise within the area designated all police power vested in the state by the Constitution and laws of the State of California in order to effectuate the purposes of the Act.

This bill:

1. Authorizes a district established under the Harbors and Navigation Code or by an official designated by ordinance adopted by that governing body to proclaim a local emergency.
2. Revises the definition of a local emergency to include conditions of disaster or extreme peril to the safety of persons and property within the territorial limits of districts established under the Harbors and Navigation Code.

Background

Purpose of the bill. The author’s office argues that these types of districts face unique challenges. In addition, the bill simply clarifies that local cities and counties can declare a local emergency in certain types of district that are within their territorial limits. These districts include harbor improvement districts, harbor districts, port districts, river port districts, and small craft harbor districts.

This bill would give local governments the necessary tools to appropriately respond to solve these challenges.

Local emergency proclamations. Local emergency proclamations are issued by the governing body of a city, county, or city and county, or by an official designated by and adopted by a local ordinance. This official designee is usually a police/fire chief, or the director of emergency services. The ability to designate an individual occurs in case a local emergency needs to be proclaimed before the local governing body is able to meet.

A local emergency proclamation authorizes the undertaking of extraordinary policy power and provides limited immunity for emergency actions of public employees and governing bodies. For example, the proclamation might allow for the establishments of curfews in order to protect life and property. In addition, a local proclamation activates pre-established local emergency procedures.

A local emergency proclamation is also a prerequisite for requesting a Governor’s Proclamation of a State of Emergency and/or a Presidential Declaration of an Emergency or Major Disaster. A local emergency proclamation is not a prerequisite for mutual aid assistance.

Mutual aid. California’s emergency assistance is based on a statewide mutual aid system that is designed to ensure that additional resources are provided to the state’s political subdivisions whenever their own resources are overwhelmed or inadequate. Agreements are entered by various state departments and agencies and the various political subdivisions, municipal corporations and public agencies to assist each other by providing resources during a declared emergency. The agreement obligates each signatory entity to provide aid to each other during an emergency without expectation of reimbursement.

Under specific conditions, federal and state monies may be appropriated to reimburse public agencies who aid other jurisdictions. For mutual aid coordination purposes, California is divided into six mutual aid regions. The purpose of a mutual aid region is to provide for a more effective application and coordination of mutual aid and other emergency related activities.

Suggested amendment. As previously described, the current system of mutual aid is dependent on cooperation between local cities and counties and the various stakeholders involved in the mutual aid process. Allowing certain types of special districts the authority to declare a local emergency without the involvement of local cities and counties would be a dramatic change to this process.

In addition, the current system already allows local cities and counties to designate an individual, through a local ordinance, to issue a local emergency proclamation. This individual has this authority in order to ensure that a local emergency proclamation can be issued quickly. However, if a local emergency is proclaimed by an official designated by ordinance, the local emergency must be ratified by the local governing body.

Therefore, the author might wish to delete the language in the bill that authorizes a district established by the Harbors and Navigations Code and retain the language that clarifies that local cities and counties can declare a local emergency in those types of districts that are within their territorial limits.

Prior/Related Legislation

SB 452 (Glazer, 2017) would add “cyberattacks” to the list of conditions that are named in the Act that may be cited to support the proclamation of a state of emergency or local emergency. (Pending in Senate Appropriations Committee)

AB 220 (Ridley-Thomas, 2017) would add “acute homelessness” to the list of conditions constituting a state of emergency and a local emergency. (Pending in Assembly Governmental Organization Committee)

AB 2306 (Donnelly, 2012) would have added “border security” to the list of conditions constituting a state of emergency and a local emergency. (Failed passage in Assembly Governmental Organization Committee)

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

SUPPORT:

None received

OPPOSITION:

None received