CONSENT  

Bill No: AB 2968

Author: Rodriguez (D)

Introduced: 2/21/20

Vote: 21

SENATE GOVERNMENTAL ORG. COMMITTEE: 16-0, 8/14/20

AYES: Dodd, Wilk, Allen, Archuleta, Borgeas, Bradford, Chang, Galgiani, Glazer, Hill, Hueso, Jones, Nielsen, Portantino, Rubio, Wiener

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

ASSEMBLY FLOOR: 78-0, 6/10/20 - See last page for vote

SUBJECT: County emergency plans: best practices

SOURCE: Author

DIGEST:

This bill requires the California Office of Emergency Services (OES) to establish best practices for counties developing and updating a county emergency plan, and to establish a review process for a county to request OES to review a county’s emergency plan, as specified.

ANALYSIS:

Existing law:

1. Establishes OES, pursuant to The California Emergency Services Act (Act), within the office of the Governor, which is responsible for the state’s emergency and disaster response services, as specified.
2. Requires the governing body of each political subdivision of the state to carry out the provisions of the State Emergency Plan (SEP).
3. Requires cities and counties, upon the next update to their emergency plan, to integrate access and functional needs into the emergency plan by addressing, at a minimum, how the access and functional needs population is served by emergency communications, evacuation, and sheltering.
4. Defines “access and functional needs population” to mean individuals who have developmental or intellectual disabilities, physical disabilities, chronic conditions, injuries, limited English proficiency or who are non-English speaking, older adults, children, people living in institutionalized settings, or those who are low income, homeless, or transportation disadvantaged, including, but not limited to, those who are dependent on public transit or those who are pregnant.

This bill:

1. Requires OES, by January 1, 2022, to develop best practices for counties developing and updating a county emergency plan.
2. Requires OES, by January 1, 2022, to establish a process for a county to request the office to review the county’s emergency plan. Upon the conclusion of the review process, OES shall provide technical assistance and feedback regarding the sufficiency of the county’s emergency plan with the following elements:
   1. Whether the plan is consistent with OES’s proposed best practices.
   2. Whether the plan protects and accommodates vulnerable populations during natural disasters.
   3. Whether the plan has established procedures for alerting, evacuating, and sheltering individuals during an emergency.
   4. Any other necessary and appropriate element, as determined by OES.

Background

Purpose of the bill. According to the author’s office, “The California Office of Emergency Services is the State’s lead agency for emergency management, with a mission to protect lives and property, build the State’s emergency response capabilities, and support communities. An integral part of that mission includes a process for OES to review local emergency plans when a county requests it, which this bill will require.”

California State Auditor report. In December 2019, the California State Auditor (Auditor) issued Report No. 2019-134 “California Is Not Adequately Prepared to Protect Its Most Vulnerable Residents From Natural Disasters.” The report highlighted deficiencies in state and local emergency preparations for addressing the needs of people with access and functional needs. In light of these findings, the report made a number of recommendations to the Legislature including: requiring OES to review counties’ emergency plans to ensure they align with best practices; involve organizations that represent individuals with access and functional needs in developing state emergency plans and guidance for local jurisdictions; and, annually distribute lessons learned from natural disasters. There are a number of bills currently moving through the Legislature to implement these recommendations.

Office of Access and Functional Needs. In January 2008, OES established the Office of Access and Functional Needs (OAFN). The purpose of OAFN is to identify the needs of people with disabilities and others with access and functional needs before, during, and after a disaster and to integrate disability needs and resources into emergency management systems. OAFN offers guidance to emergency managers and planners, disability and older adult service systems for planning and responding during disasters and recovery.

Existing law defines “access and functional needs population” as individuals who have developmental or intellectual disabilities, physical disabilities, chronic conditions, injuries, limited English proficiency or who are non-English speaking, older adults, children, people living in institutionalized settings, or those who are low income, homeless, or transportation disadvantaged, including, but not limited to, those who are dependent on public transit or those who are pregnant.

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

The SEP is a management document intended to be read and understood before an emergency occurs. It is designed to outline the activities of all California jurisdictions within a statewide emergency management system and embraces the capabilities and resources in the broader emergency management community that includes individuals, businesses, non-governmental organizations, tribal governments, other states, the federal government, and international assistance.

The Governor is required to coordinate with local entities for the preparation of plans and programs designed to mitigate the effects of an emergency. Such plans and programs are integrated and coordinated with the SEP. In 2016, AB 2311 (Brown, Chapter 520, Statutes of 2016) required each county to integrate access and functional needs, as defined, during the next update to its emergency plan.

This bill requires OES to, by January 1, 2022, establish best practices for counties developing and updating a local emergency plan, and to establish a review process for a county to request OES review of a county’s emergency plan. Upon conclusion of the review process, this bill requires OES to provide technical assistance and feedback regarding the sufficiency of the county’s emergency plan. Specifically, the following elements will be included in OES’s review: conformity to best practices; protects and accommodates vulnerable populations; and alerting, evacuating, and sheltering protocols.

Related/Prior Legislation

AB 2047 (Aguiar-Curry, 2020) requires a county, as part of its update to its emergency plan, to address the Alzheimer’s disease and dementia population, as specified. (Never heard in the Senate Governmental Organization Committee)

AB 2213 (Limon, 2020) requires OES to develop model guidelines for local governments, operational areas, and private sector organizations active in disasters to identify, type, and track community resources that could assist in responding to or recovering from disasters, as specified. Additionally, this bill expands existing authority granted to counties by authorizing cities and postsecondary institutions to access the contact information of residents, students, and employees for the sole purpose of enrollment in a public emergency warning system and provides for notification of enrollment and a process for opting out, as specified. (Pending in the Senate Appropriations Committee)

AB 2386 (Bigelow, 2020) requires OES to annually review ten local emergency plans to determine if they conform or exceed best practices identified by the Federal Emergency Management Agency, as specified. (Pending on the Senate Floor)

AB 2730 (Cervantes, 2020) requires a county to enter into an agreement with an adjacent county, upon the request of the adjacent county, for purposes of permitting the adjacent county to borrow, for compensation, the county’s emergency management and transportation services in the event of an emergency, as specified. (Pending in the Senate Appropriations Committee)

SB 160 (Jackson, Chapter 402, Statutes of 2019) required a county to integrate cultural competency into its emergency plan, upon the next update to its emergency plan, and required counties to provide a forum for community engagement in geographically diverse locations in order to engage with culturally diverse communities, as specified.

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

SUPPORT: (Verified 8/19/20)

None received

OPPOSITION: (Verified 8/19/20)

None received

ASSEMBLY FLOOR: 78-0, 6/10/20

AYES: Aguiar-Curry, Arambula, Bauer-Kahan, Berman, Bigelow, Bloom, Boerner Horvath, Bonta, Brough, Burke, Calderon, Carrillo, Cervantes, Chau, Chen, Chiu, Choi, Chu, Cooley, Cooper, Cunningham, Megan Dahle, Daly, Diep, Eggman, Flora, Fong, Frazier, Friedman, Gabriel, Gallagher, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gonzalez, Gray, Grayson, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Mullin, Muratsuchi, Nazarian, Obernolte, O'Donnell, Patterson, Petrie-Norris, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Salas, Santiago, Smith, Mark Stone, Ting, Voepel, Waldron, Weber, Wicks, Wood, Rendon

NO VOTE RECORDED: Quirk

Prepared by: Brian Duke / G.O. / (916) 651-1530

8/23/20 7:43:42

**** END ****

SENATE COMMITTEE ON GOVERNMENTAL ORGANIZATION

Senator Bill Dodd

Chair

2019 - 2020 Regular

Bill No: 2968 Hearing Date: 8/14/2020

SUBJECT: County emergency plans: best practices

DIGEST: This bill requires the California Office of Emergency Services (OES) to establish best practices for counties developing and updating a county emergency plan, and to establish a review process for a county to request OES to review a county’s emergency plan, as specified.

ANALYSIS:

Existing law:

1. The California Emergency Services Act (Act) establishes OES, within the office of the Governor, which is responsible for the state’s emergency and disaster response services, as specified.
2. Requires the governing body of each political subdivision of the state to carry out the provisions of the State Emergency Plan (SEP).
3. Requires cities and counties, upon the next update to their emergency plan, to integrate access and functional needs into the emergency plan by addressing, at a minimum, how the access and functional needs population is served by emergency communications, evacuation, and sheltering.
4. Defines “access and functional needs population” to mean individuals who have developmental or intellectual disabilities, physical disabilities, chronic conditions, injuries, limited English proficiency or who are non-English speaking, older adults, children, people living in institutionalized settings, or those who are low income, homeless, or transportation disadvantaged, including, but not limited to, those who are dependent on public transit or those who are pregnant.

This bill:

1. Requires OES, by January 1, 2022, to develop best practices for counties developing and updating a county emergency plan.
2. Requires OES, by January 1, 2022, to establish a process for a county to request the office to review the county’s emergency plan. Upon the conclusion of the review process, OES shall provide technical assistance and feedback regarding the sufficiency of the county’s emergency plan with the following elements:
   1. Whether the plan is consistent with OES’s proposed best practices.
   2. Whether the plan protects and accommodates vulnerable populations during natural disasters.
   3. Whether the plan has established procedures for alerting, evacuating, and sheltering individuals during an emergency.
   4. Any other necessary and appropriate element, as determined by OES.

Background

Purpose of the bill. According to the author’s office, “The California Office of Emergency Services is the State’s lead agency for emergency management, with a mission to protect lives and property, build the State’s emergency response capabilities, and support communities. An integral part of that mission includes a process for OES to review local emergency plans when a county requests it, which this bill will require.”

California State Auditor report. In December 2019, the California State Auditor (Auditor) issued Report No. 2019-134 “California Is Not Adequately Prepared to Protect Its Most Vulnerable Residents From Natural Disasters.” The report highlighted deficiencies in state and local emergency preparations for addressing the needs of people with access and functional needs. In light of these findings, the report made a number of recommendations to the Legislature including: requiring OES to review counties’ emergency plans to ensure they align with best practices; involve organizations that represent individuals with access and functional needs in developing state emergency plans and guidance for local jurisdictions; and, annually distribute lessons learned from natural disasters. There are a number of bills currently moving through the Legislature to implement these recommendations.

Office of Access and Functional Needs. In January 2008, OES established the Office of Access and Functional Needs (OAFN). The purpose of OAFN is to identify the needs of people with disabilities and others with access and functional needs before, during, and after a disaster and to integrate disability needs and resources into emergency management systems. OAFN offers guidance to emergency managers and planners, disability and older adult service systems for planning and responding during disasters and recovery.

Existing law defines “access and functional needs population” as individuals who have developmental or intellectual disabilities, physical disabilities, chronic conditions, injuries, limited English proficiency or who are non-English speaking, older adults, children, people living in institutionalized settings, or those who are low income, homeless, or transportation disadvantaged, including, but not limited to, those who are dependent on public transit or those who are pregnant.

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

The SEP is a management document intended to be read and understood before an emergency occurs. It is designed to outline the activities of all California jurisdictions within a statewide emergency management system and embraces the capabilities and resources in the broader emergency management community that includes individuals, businesses, non-governmental organizations, tribal governments, other states, the federal government, and international assistance.

The Governor is required to coordinate with local entities for the preparation of plans and programs designed to mitigate the effects of an emergency. Such plans and programs are integrated and coordinated with the SEP. In 2016, AB 2311 (Brown, Chapter 520, Statutes of 2016) required each county to integrate access and functional needs, as defined, during the next update to its emergency plan.

This bill requires OES to, by January 1, 2022, establish best practices for counties developing and updating an emergency plan, and to establish a review process for a county to request OES review of a county’s emergency plan. Upon conclusion of the review process, this bill requires OES to provide technical assistance and feedback regarding the sufficiency of the county’s emergency plan. Specifically, the following elements will be included in OES’s review: conformity to best practices; protects and accommodates vulnerable populations; and alerting, evacuating, and sheltering protocols.

Prior/Related Legislation

AB 1107 (Chu, 2020) requires all all proclamations, materials, and announcements made by the Governor or issued by a state agency related to a state of emergency to be made available in all languages spoken by limited-English-proficient (LEP) speakers that meet the Medi-Cal threshold languages as determined by the State Department of Health Care Services (DHCS), as specified. (Pending in the Senate Governmental Organization Committee)

AB 2047 (Aguiar-Curry, 2020) requires a county, as part of its update to its emergency plan, to address the Alzheimer’s disease and dementia population, as specified. (Pending in the Senate Governmental Organization Committee)

AB 2064 (Patterson, 2020) would have required OES to develop, in coordination with organizations representing the access and functional needs population, a guidance document for local governments. This bill also requires OES to review the emergency plans of all local governments to determine if they are consistent with this guidance document and, upon request, to provide necessary technical assistance. (Held on the Assembly Appropriations Committee Suspense File)

AB 2213 (Limon, 2020) requires OES to develop model guidelines for local governments, operational areas, and private sector organizations active in disasters to identify, type, and track community resources that could assist in responding to or recovering from disasters, as specified. Additionally, this bill expands existing authority granted to counties by authorizing cities and postsecondary institutions to access the contact information of residents, students, and employees for the sole purpose of enrollment in a public emergency warning system and provides for notification of enrollment and a process for opting out, as specified. (Pending in the Senate Governmental Organization Committee)

AB 2386 (Bigelow, 2020) requires OES to annually review ten local emergency plans to determine if they conform or exceed best practices identified by the Federal Emergency Management Agency, as specified. (Pending in the Senate Governmental Organization Committee)

AB 2730 (Cervantes, 2020) requires a county to enter into an agreement with an adjacent county, upon the request of the adjacent county, for purposes of permitting the adjacent county to borrow, for compensation, the county’s emergency management and transportation services in the event of an emergency, as specified. (Pending in the Senate Governmental Organization Committee)

AB 3267 (Smith, 2020) requires OES to coordinate with representatives from the access and functional needs population when updating the SEP; and, provides OES with additional time to complete an after-action report following each declared disaster, as specified. (Pending in the Senate Governmental Organization Committee)

SB 160 (Jackson, Chapter 402, Statutes of 2019) required a county to integrate cultural competency into its emergency plan, upon the next update to its emergency plan, and required counties to provide a forum for community engagement in geographically diverse locations in order to engage with culturally diverse communities, as specified.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

SUPPORT:

None received

OPPOSITION:

None received

ASSEMBLY THIRD READING

ATR Bill Id:AB 2968

Author:(Rodriguez)

As Introduced Ver:February 21, 2020

Majority vote

SUMMARY:

This bill requires, by January 1, 2022, the California Governor's Office of Emergency Services (Cal OES) to develop best practices for counties developing and updating a county emergency plan and requires Cal OES to establish a process for a county to request a Cal OES review of its plan and technical assistance.

Major Provisions

1. Requires Cal OES to develop best practices for counties developing and updating emergency plans by January 1, 2022.
2. Requires Cal OES to establish a process for a county to request a review of their emergency plan by January 1, 2022.
3. Specifies the following elements be included in Cal OES's review of a county emergency plan: conformity to best practices; protects and accommodates vulnerable populations; and alerting, evacuating and sheltering protocols.

COMMENTS:

BACKGROUND:

Cal OES is responsible for addressing natural, technological, or manmade disasters and emergencies, and preparing the State to prevent, respond to, quickly recover from, and mitigate the effects of both intentional and natural disasters. As part of their overall preparedness mission, Cal OES is required to develop a State Emergency Plan (SEP), State Hazard Mitigation Plan (SHMP), and maintains Standardized Emergency Management System (SEMS) and the Emergency Management Mutual Aid System (EMMA). Cal OES, in coordination with FEMA and local partners, has developed four Catastrophic Plans to augment the State Emergency Plan.

State Emergency Plan: The SEP describes how response to natural or human- caused emergencies occurs in California. The plan is a requirement of the California Emergency Services Act (ESA), and describes methods for conducting emergency operations, the process for rendering mutual aid, emergency services of government agencies, how resources are mobilized, how the public is informed, and how continuity of government is maintained during emergency. The SEP defines Emergency Support Functions (ESF) which are discipline-specific groups that develop functional annexes to set goals, objectives, operational concepts, capabilities, organization structures, and related policies and procedures. Under the SEP, there are 18 ESFs led by a state agency and represent an alliance of state government and other stakeholders with similar functional responsibilities. California Volunteers is the lead state agency for Volunteers and Donations Management (ESF 17).

Whole Community Preparedness: FEMA, in both their 2018-2022 Strategic Plan and their emergency planning guidelines (Comprehensive Preparedness Guide 101, Version 2.0) articulate the need to build a culture of preparedness by ensuring representation and services for under-represented diverse populations that may be more impacted by disasters including children, seniors, individuals with disabilities or access and functional needs, individuals with diverse culture and language use, individuals with lower economic capacity, and other underserved populations.

Protecting our most vulnerable residents from natural disasters: In December of 2019, the California State Auditor released an audit entitled "California Is Not Adequately Prepared to Protect Its Most Vulnerable Residents from Natural Disasters" (Report No. 2019-134). The report highlighted deficiencies in state and local emergency preparations for addressing the needs of people with access and functional needs. The report states, "Cal OES is uniquely positioned to observe, collect, and disseminate information about lessons learned during natural disasters across the State. As the agency tasked with coordinating state resources and mutual aid in response to those jurisdictions requesting assistance during an emergency, Cal OES has the opportunity to observe those jurisdictions' successes and struggles during natural disasters. It can identify problems caused by gaps in the jurisdictions' emergency preparedness and determine how frequently similar issues arise across jurisdictions."

Previous legislation about state and local emergency planning: Recent legislation has focused on ensuring vulnerable populations are adequately protected during emergencies. AB 2311 (Brown), Chapter 520, Statutes of 2016, required each county to include, as part of its scheduled update to its emergency plan, a plan on how to serve the county's access and functional needs population. A number of bills last year followed on AB 2311's requirements. AB 477 (Cervantes), Chapter 218, Statutes of 2019, required each county to include representatives from the access and functional needs population in the next regular update to its emergency plan. SB 160 (Jackson), Chapter 402, Statutes of 2019, required each county to include concepts of cultural competence in their next emergency plan update.

According to the Author:

According to the author, "Cal OES is the State's lead agency for emergency management, with a mission to protect lives and property, build the State's emergency response capabilities, and support communities. An integral part of that mission includes a process for Cal OES to review local emergency plans when a county requests it, which this bill will require."

Arguments in Support:

None on file

Arguments in Opposition:

None on file

FISCAL COMMENTS:

According to the Assembly Appropriations Committee, increased General Fund (GF) costs of approximately $210,000 for Cal OES to review additional county emergency plans and to provide ongoing technical assistance. These cost estimates assume this bill generates enough of an increase in workload that Cal OES would need to hire one staff member for each of the three Cal OES administrative region.

VOTES:

ASM GOVERNMENTAL ORGANIZATION: 20-0-1

YES: Gray, Bigelow, Aguiar-Curry, Berman, Bonta, Brough, Cooley, Daly, Gallagher, Eduardo Garcia, Gipson, Jones-Sawyer, Lackey, Low, Mathis, Melendez, Quirk-Silva, Robert Rivas, Blanca Rubio, Salas

ABS, ABST OR NV: Cooper

ASM APPROPRIATIONS: 18-0-0

YES: Gonzalez, Bigelow, Bauer-Kahan, Bloom, Bonta, Calderon, Carrillo, Chau, Megan Dahle, Diep, Eggman, Fong, Gabriel, Eduardo Garcia, Petrie-Norris, McCarty, Robert Rivas, Voepel

UPDATED:

VERSION: February 21, 2020

CONSULTANT: Mike Dayton / G.O. / (916) 319-2531 FN: 0002977

Date of Hearing: June 2, 2020

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez, Chair

ABPCA Bill Id:AB 2968

Author:(Rodriguez) – As Introduced Ver:February 21, 2020

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

SUMMARY:

This bill requires, by January 1, 2022, the California Governor’s Office of Emergency Services (Cal OES) to develop best practices for counties developing and updating a county emergency plan and requires Cal OES to establish a process for a county to request an Cal OES review of its plan and technical assistance.

FISCAL EFFECT:

Increased General Fund (GF) costs of approximately $210,000 for Cal OES to review additional county emergency plans and to provide ongoing technical assistance. These cost estimates assume this bill generates enough of an increase in workload that Cal OES would need to hire one staff member for each of the three Cal OES administrative region.

COMMENTS:

1. California State Auditor report. A December 2019 report by the California State Auditor reviewed the effectiveness of state and local emergency planning in addressing the needs of people with access and functional needs. The report concluded that Cal OES was uniquely positioned to collect and provide information about lessons learned during natural disasters. The report made a number of recommendations, including that Cal OES review counties’ emergency plans and more actively involve organizations that represent vulnerable individuals in developing emergency plans.
2. Previous legislation about state and local emergency planning. Recent legislation has focused on ensuring vulnerable populations are adequately protected during emergencies. AB 2311 (Brown), Chapter 520, Statutes of 2016, required each county to include, as part of its scheduled update to its emergency plan, a plan on how to serve the county’s access and functional needs population. A number of bills last year followed on AB 2311’s requirements. AB 477 (Cervantes), Chapter 218, Statutes of 2019, required each county to include representatives from the access and functional needs population in the next regular update to its emergency plan. SB 160 (Jackson), Chapter 402, Statutes of 2019, required each county to include concepts of cultural competence in their next emergency plan update.
3. Other emergency planning bills. This bill is just one of many bills pending in this committee that aim to improve emergency planning at the state and local level. The other bills include:
   1. AB 2047 (Aguiar-Curry) requires each county to integrate individuals with Alzheimer’s disease and dementia into its emergency response plan and requires each county to address how the access and functional needs population is served by emergency communication and emergency sheltering in place.
   2. AB 2054 (Kamlager) creates a new grant program for community organizations to participate in emergency planning.
   3. AB 2064 (Patterson) requires Cal OES to develop a best practices guidance document for serving the access and functional needs population based on a review of recent emergency and natural disaster incidents. This bill also requires Cal OES to review the emergency plans of all local governments to determine if these plans are consistent with the new best practices document.
   4. AB 2213 (Limón) requires Cal OES to coordinate with California Volunteers in the development of the model guidelines around the use of community resources.
   5. AB 2386 (Bigelow) requires Cal OES to annually review 10 emergency plans submitted by local disaster councils.
   6. AB 2730 (Cervantes) requires a regional transit district or other local transportation authority to enter into an agreement with adjacent authorities to prepare for emergencies that may result in evacuation or relocation of the access and functional needs population.
   7. AB 3267 (Smith) requires Cal OES to coordinate with representatives from the access and functional needs population when updating the State Emergency Plan

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

Date of Hearing: May 12, 2020

ASSEMBLY COMMITTEE ON GOVERNMENTAL ORGANIZATION

Adam Gray, Chair

ABPCA Bill Id:AB 2968 (

Author:Rodriguez) – As Introduced Ver:February 21, 2020

SUBJECT: County emergency plans: best practices

SUMMARY: Requires the California Office of Emergency Services (Cal OES) to develop best practices for counties developing emergency plans and to establish a process to review such plans, as specified. Specifically, this bill:

1) Requires Cal OES to develop best practices for counties developing and updating emergency plans by January 1, 2022.

2) Requires Cal OES to establish a process for a county to request a review of their emergency plan by January 1, 2022.

3) Specifies the following elements be included in Cal OES’s review of a county emergency plan: conformity to best practices; protects and accommodates vulnerable populations; and alerting, evacuating and sheltering protocols.

EXISTING LAW:

1) Creates, within the office of the Governor, Cal OES, which is responsible for preventing, responding to, recovering from, and mitigating the impacts of both natural and intentional disasters.

2) Authorizes cities, cities and counties, and counties to create disaster councils, by ordinance, to develop plans for meeting any condition constituting a local emergency or state of emergency, including, but not limited to, earthquakes, natural or manmade disasters specific to that jurisdiction, or state of war emergency.

3) Defines “access and functional needs population” as individuals who have developmental or intellectual disabilities, physical disabilities, chronic conditions, injuries, limited English proficiency or who are non-English speaking, older adults, children, people living in institutionalized settings, or those who are low income, homeless, or transportation disadvantaged, including, but not limited to, those who are dependent on public transit or those who are pregnant.

4) Requires city and counties, upon the next update to its emergency plan, to integrate access and functional needs into its emergency plan by addressing, at a minimum, how the access and functional needs population is served by emergency communications, evacuation, and sheltering.

FISCAL EFFECT: Unknown

COMMENTS:

Purpose of the bill: According to the author, “Cal OES is the State’s lead agency for emergency management, with a mission to protect lives and property, build the State’s emergency response capabilities, and support communities. An integral part of that mission includes a process for Cal OES to review local emergency plans when a county requests it, which this bill will require.”

Background: Cal OES is responsible for addressing natural, technological, or manmade disasters and emergencies, and preparing the State to prevent, respond to, quickly recover from, and mitigate the effects of both intentional and natural disasters. As part of their overall preparedness mission, Cal OES is required to develop a State Emergency Plan (SEP), State Hazard Mitigation Plan (SHMP), and maintains Standardized Emergency Management System (SEMS) and the Emergency Management Mutual Aid System (EMMA). Cal OES, in coordination with FEMA and local partners, has developed four Catastrophic Plans to augment the State Emergency Plan.

State Emergency Plan: The SEP describes how response to natural or human- caused emergencies occurs in California. The plan is a requirement of the California Emergency Services Act (ESA), and describes methods for conducting emergency operations, the process for rendering mutual aid, emergency services of government agencies, how resources are mobilized, how the public is informed, and how continuity of government is maintained during emergency. The SEP defines Emergency Support Functions (ESF) which are discipline-specific groups that develop functional annexes to set goals, objectives, operational concepts, capabilities, organization structures, and related policies and procedures. Under the SEP, there are 18 ESFs led by a state agency and represent an alliance of state government and other stakeholders with similar functional responsibilities. California Volunteers is the lead state agency for Volunteers and Donations Management (ESF 17).

Whole Community Preparedness: FEMA, in both their 2018-2022 Strategic Plan and their emergency planning guidelines (Comprehensive Preparedness Guide 101, Version 2.0) articulate the need to build a culture of preparedness by ensuring representation and services for under-represented diverse populations that may be more impacted by disasters including children, seniors, individuals with disabilities or access and functional needs, individuals with diverse culture and language use, individuals with lower economic capacity, and other underserved populations.

Protecting our most vulnerable residents from natural disasters: In December of 2019, the California State Auditor released an audit entitled “California Is Not Adequately Prepared to Protect Its Most Vulnerable Residents From Natural Disasters” (Report No. 2019-134). The report highlighted deficiencies in state and local emergency preparations for addressing the needs of people with access and functional needs. The report states, “Cal OES is uniquely positioned to observe, collect, and disseminate information about lessons learned during natural disasters across the State. As the agency tasked with coordinating state resources and mutual aid in response to those jurisdictions requesting assistance during an emergency, Cal OES has the opportunity to observe those jurisdictions’ successes and struggles during natural disasters. It can identify problems caused by gaps in the jurisdictions’ emergency preparedness and determine how frequently similar issues arise across jurisdictions.”

Related Legislation: AB 2064 (Patterson) of the 2019-2020 Session. Would require Cal OES, upon the next update of the State Emergency Plan, to include proposed best practices for local governments to use to mobilize and evacuate people with access and functional needs during disasters. (Set to be heard in this committee on May 12, 2020.)

AB 2213 (Limón) of the 2019-2020 Session. Would require Cal OES to develop model guidelines for local governments to identify, type and track community resources that could assist in responding to or recovering from disasters. (Set to be heard in this committee on May 12, 2020.)

AB 2386 (Bigelow) of the 2019-2020 Session. Would require Cal OES to annually review 10 local disaster plans to determine if they conform or exceed best practices identified by the Federal Emergency Management Agency. (Set to be heard in this committee on May 12, 2020.)

AB 2428 (Fong) of the 2019-2020 Session. Would require Cal OES to update the State Emergency Plan in coordination with representatives from the access and functional needs population. (Referred to the Committee on Governmental Organization.)

AB 2654 (Cervantes) of the 2019-2020 Session. Would require the 10 most populous cities in California to incorporate representatives of access and functional needs populations in the development of their next emergency plan. (Referred to the Committee on Governmental Organization.)

AB 2968 (Rodriguez) of the 2019-2020 Session. Would require Cal OES to establish best practices for developing county emergency plans, a process for reviewing such plans, and feedback on the extent to which plans protect and accommodates vulnerable populations, among other things. (Set to be heard in this Committee on May 12, 2020.)

AB 3267 (Smith) of the 2019-2020 Session. Would require Cal OES to coordinate with representatives of the access and functional needs population in updating the State Emergency Plan and provides Cal OES with additional time to complete after-action reports, as specified. (Set to be heard in this Committee on May 12, 2020.)

SB 46 (Jackson) of the 2019-2020 Session. Would ensure that more California residents will receive critical emergency alerts by expanding California’s opt-out emergency notification program to include cities and universities and, among other things, authorizes county social service departments to share emergency contact information with alerting authorities so that specialized alerts may be sent to residents with access or functional needs who may need extra instruction or assistance during an emergency. (Placed on the Senate Appropriations Suspense File.)

SB 794 (Jackson) of the 2019-2020 Session. Would require a county, upon the next update to its emergency plan, regarding the integration of access and functional needs into that emergency plan, shall include representatives from the access and functional needs population, as specified. (Referred to the Senate Committee on Governmental Organization.)

Prior Legislation: SB 160 (Jackson, Chapter 402, Statutes of 2019). Required a county to integrate cultural competency into its emergency plan, upon the next update to its emergency plan, and requires counties to provide a forum for community engagement in geographically diverse locations in order to engage with culturally diverse communities, as specified.

AB 3098 (Friedman, Chapter 348, Statutes of 2018). Required a residential care facility for the elderly to have an emergency and disaster plan.

AB 1877 (Limón, Chapter 630, Statutes of 2018). Required OES to create a library of translated emergency notifications and a translation style guide, as specified, and required designated alerting authorities to consider using the library and translation style guide when issuing emergency notifications to the public.

SB 821 (Jackson, Chapter 615, Statutes of 2018). Authorized counties to enter into an agreement to access the contact information of resident accountholders through the records of a public utility, as defined, for the sole purpose of enrolling county residents in a county-operated public emergency warning system.

SB 833 (McGuire, Chapter 617, Statutes of 2018). Required OES, in consultation with specified stakeholders, to develop voluntary guidelines for alerting and warning the public of an emergency, and requires OES to develop an alert and warning training, as specified.

AB 289 (Gray, Chapter 289, Statutes of 2017). Required OES to update the State Emergency Plan on or before January 1, 2019, and every five years thereafter.

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

REGISTERED SUPPORT / OPPOSITION:

Support

None on file.

Opposition

None on file.

Analysis Prepared by: Mike Dayton / G.O. / (916) 319-2531