SB 160: Emergency services: cultural competence.
- Session Year: 2019-2020
- House: Senate
- Latest Version Date: 2019-10-02
Existing law establishes the Office of Emergency Services within the office of the Governor and under the supervision of the Director of Emergency Services and makes the office responsible for the states emergency and disaster response services for natural, technological, or human-made disasters and emergencies. Existing law defines the terms political subdivision and emergency plans for purposes of emergency services provided by local governments. Existing law requires a county, upon the next update to its emergency plan, to integrate access and functional needs into its emergency plan, as specified.
This bill would require a county to integrate cultural competence, as defined, into its emergency plan upon the next update to its emergency plan, as specified. The bill would also require a county to provide a forum for community engagement in geographically diverse locations in order to engage with culturally diverse communities, as defined, within its jurisdiction. The bill would authorize a county to establish a community advisory board for the purpose of cohosting, coordinating, and conducting outreach for the community engagement forums. By increasing the duties of local officials, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
(a)The Legislature finds and declares all of the following:
(b)It is the inherent responsibility of government to protect life and property during an emergency, and for local governments that responsibility includes readying emergency plans to prepare their communities for natural and human-caused disasters.
(c)The devastating nature of Californias wildfires continues to increase in intensity and destruction every year, making it paramount that local emergency plans acclimate to the nature of fire seasons in this new normal.
(d)In order for these emergency plans to be more effective in addressing future disasters, they must reflect and integrate the needs of all of Californias diverse population to avoid disproportionate impacts to some of our most vulnerable communities, similar to those impacts experienced by the elderly and non-English speaking communities during the 2017 and 2018 California wildfire seasons.
(e)It is the intent of the Legislature in enacting this act that emergency disaster planning incorporate mechanisms and processes that account for the state populations diversity in a meaningful and inclusive manner to ensure all communities are disaster resilient for the safety and well-being of all residents in future disasters.
SEC. 2.Section 8593.3.5 is added to the Government Code, to read:8593.3.5.(a)A county, including a city and county, shall, upon the next update to its emergency plan, integrate cultural competence into its emergency plan by addressing, at a minimum, how culturally diverse communities within its jurisdiction are served by the following:
(1)Emergency communications, including the integration of interpreters and translators.
(2)Emergency evacuation and sheltering.
(3)Emergency mitigation and prevention.
(4)Emergency planning, including drawing on community-based values and customs, and incorporating qualified representatives from diverse population groups in the community, during the planning process.
(5)Emergency preparedness, including the use of culturally appropriate resources and outreach techniques to educate and prepare community members for emergencies or disasters.
(b)In relation to subdivision (a), a county, including a city and county, shall provide a forum for community engagement in geographically diverse locations in order to engage with culturally diverse communities within its jurisdiction.
(1)A county, including a city and county, may establish a separate community advisory board for the purpose of cohosting, coordinating, and conducting outreach for the community engagement forums. The advisory board may assist the county in prioritizing which culturally diverse communities to outreach to and in implementing strategies related to elements in subdivision (a) for integration into the county emergency plan. Representatives of the following parties shall be considered for the composition of the advisory board:
(A)Interagency county government departments including, but not limited to, emergency services, public health, social services, and transportation.
(B)Culturally diverse community advocacy groups and community members as identified in paragraph (2) of subdivision (c).
(2)A county, including a city and county, through the advisory board may coordinate community outreach forums to solicit input from and share information with culturally diverse community organizations and community members as identified in paragraph (2) of subdivision (c) on related topics of the emergency plan as identified under subdivision (a).
(3)The community engagement forums may include translation and interpretation in languages other than English.
(c)For purposes of this section:
(1)Cultural competence means the ability to understand, value, communicate with, and effectively interact with people across cultures in order to ensure that the needs of all community members are addressed, with priority given to culturally diverse communities. Cultural competence includes, but is not limited to, being respectful and responsive to the cultural and linguistic needs of diverse population groups.
(2)Culturally diverse communities includes, but is not limited to, race and ethnicity, including indigenous peoples, communities of color, and immigrant and refugee communities; gender, including women; age, including the elderly and youth; sexual and gender minorities; people with disabilities; occupation and income level including low-income individuals and the unhoused; education level; people with no or limited English language proficiency; as well as geographic location.
SEC. 3.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
|
Date
|
Status
|
|---|---|
| Oct 2, 2019 | Chaptered by Secretary of State. Chapter 402, Statutes of 2019. |
| Oct 2, 2019 | Approved by the Governor. |
| Sep 18, 2019 | Enrolled and presented to the Governor at 4 p.m. |
| Sep 11, 2019 | Assembly amendments concurred in. (Ayes 39. Noes 0.) Ordered to engrossing and enrolling. |
| Sep 11, 2019 | Ordered to special consent calendar. |
| Sep 10, 2019 | In Senate. Concurrence in Assembly amendments pending. |
| Sep 10, 2019 | Read third time. Passed. Ordered to the Senate. |
| Sep 4, 2019 | Read second time. Ordered to third reading. |
| Sep 3, 2019 | Read second time and amended. Ordered to second reading. |
| Aug 30, 2019 | From committee: Do pass as amended. (Ayes 17. Noes 0.) (August 30). |
| Aug 14, 2019 | August 14 set for first hearing. Placed on APPR. suspense file. |
| Jul 11, 2019 | From committee: Do pass and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 19. Noes 0.) (July 10). Re-referred to Com. on APPR. |
| Jul 3, 2019 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on G.O. |
| Jun 6, 2019 | Referred to Com. on G.O. |
| May 24, 2019 | In Assembly. Read first time. Held at Desk. |
| May 23, 2019 | Read third time. Passed. (Ayes 38. Noes 0.) Ordered to the Assembly. |
| May 21, 2019 | Ordered to special consent calendar. |
| May 16, 2019 | From committee: Do pass. (Ayes 6. Noes 0.) (May 16). |
| May 10, 2019 | Set for hearing May 16. |
| Apr 22, 2019 | April 22 hearing: Placed on APPR. suspense file. |
| Apr 11, 2019 | Set for hearing April 22. |
| Apr 9, 2019 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 16. Noes 0.) (April 9). Re-referred to Com. on APPR. |
| Apr 2, 2019 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on G.O. |
| Mar 22, 2019 | Set for hearing April 9. |
| Mar 18, 2019 | March 26 set for first hearing canceled at the request of author. |
| Mar 8, 2019 | Set for hearing March 26. |
| Feb 6, 2019 | Referred to Com. on G.O. |
| Jan 25, 2019 | From printer. May be acted upon on or after February 24. |
| Jan 24, 2019 | Introduced. Read first time. To Com. on RLS. for assignment. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Sep 11, 2019 | Unfinished Business SB160 Jackson et al. Concurrence | Senate Floor |
Passed |
|
| Sep 10, 2019 | SB 160 Jackson Senate Third Reading By Limón | Assembly Floor |
Passed |
|
| Aug 30, 2019 | Do pass as amended. | Assembly Standing Committee on Appropriations |
Passed |
|
| Jul 10, 2019 | Do pass and be re-referred to the Committee on [Appropriations] with recommendation: To Consent Calendar | Assembly Standing Committee on Governmental Organization |
Passed |
|
| May 23, 2019 | Special Consent SB160 | Senate Floor |
Passed |
|
| May 16, 2019 | Do pass | Senate Standing Committee on Appropriations |
Passed |
|
| Apr 22, 2019 | Placed on suspense file | Senate Standing Committee on Appropriations |
Passed |
|
| Apr 9, 2019 | Do pass, but first be re-referred to the Committee on [Appropriations] | Senate Standing Committee on Governmental Organization |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB 160 |
UNFINISHED BUSINESS
Bill No: SB 160
Amended: 9/3/19
SENATE GOVERNMENTAL ORG. COMMITTEE: 16-0, 4/9/19
AYES: Dodd, Wilk, Allen, Archuleta, Borgeas, Bradford, Chang, Galgiani, Glazer, Hill, Hueso, Jones, Nielsen, Portantino, Rubio, Wiener
SENATE APPROPRIATIONS COMMITTEE: 6-0, 5/16/19
AYES: Portantino, Bates, Bradford, Hill, Jones, Wieckowski
SENATE FLOOR: 38-0, 5/23/19
AYES: Allen, Archuleta, Atkins, Bates, Beall, Borgeas, Bradford, Caballero, Chang, Dodd, Durazo, Galgiani, Glazer, Grove, Hertzberg, Hill, Hueso, Hurtado, Jackson, Jones, Leyva, McGuire, Mitchell, Monning, Moorlach, Morrell, Nielsen, Pan, Portantino, Roth, Rubio, Skinner, Stern, Stone, Umberg, Wieckowski, Wiener, Wilk
ASSEMBLY FLOOR: 78-0, 9/10/19 - See last page for vote
SUBJECT: Emergency services: cultural competence
SOURCE: California Environmental Justice Alliance
Women’s Foundation of California
Women’s Policy Institute
DIGEST: This bill requires a county to integrate cultural competence 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.
Assembly Amendments
(1) authorize counties to establish a separate community advisory board for the purpose of cohosting, coordinating, and conducting outreach for the community engagement forums, as specified; (2) authorize counties to coordinate, through the advisory board, community outreach forums to solicit input from and share information with culturally diverse community organizations and community members; and (3) delete the definition of “culture.”
ANALYSIS:
Existing law:
- Establishes the California Office of Emergency Services (OES) within the office of the Governor and makes OES responsible for the state’s emergency and disaster response services for natural, technological, or manmade disasters and emergencies.
- Specifies that the State Emergency Plan (SEP) shall be in effect in each political subdivision of the state, and the governing body of each political subdivision shall take such action as may be necessary to carry out the provisions thereof.
- Defines “political subdivision” to mean any city, city and county, county, district, or other local governmental agency or public agency authorized by law.
- Requires the Governor to coordinate the preparation of plans and programs for the mitigation of the effects of an emergency by the political subdivisions of the State of California.
- Requires OES to work with specified entities to improve communication with deaf and hearing-impaired persons during emergencies.
- Defines “emergency plans” to mean those official and approved documents which describe the principles and methods to be applied in carrying out emergency operations or rendering mutual aid during emergencies. These plans include such elements as continuity of government, the emergency services of governmental agencies, mobilizations of resources, mutual aid, and public information.
- Requires a county, upon the next update to its emergency plan, to integrate access and functional needs into its emergency plan, as specified.
This bill:
- Requires a county, upon the next update to its emergency plan, to integrate cultural competence, as defined, into its emergency plan by addressing, at a minimum, how all cultural populations within its jurisdiction are served by the following:
- Emergency communications, including integration of interpreters and translators.
- Emergency evacuations and sheltering.
- Emergency mitigation and prevention.
- Emergency planning, including drawing on community-based values and customs, and incorporating qualified representatives from diverse population groups in the community, during the planning process.
- Emergency preparedness, including the use of culturally appropriate resources and outreach techniques to educate and prepare community members for emergencies or disasters.
- Requires a county to provide a forum for community engagement in geographically diverse locations in order to engage with culturally diverse communities, as defined.
- Authorizes counties to establish a separate community advisory board for the purpose of cohosting, coordinating, and conducting outreach for the community engagement forums, as specified.
- Authorizes counties to coordinate community outreach forums to solicit input from and share information with culturally diverse community organizations and community members, as specified.
- Defines “cultural competence” to mean the ability to understand, communicate with, and effectively interact with people across cultures in order to ensure that the needs of all community members addressed, with priority given to “culturally diverse communities.” “Cultural competence” includes, but is not limited, being respectful and responsive to the cultural and linguistic needs of diverse population groups.
- Defines, “culturally diverse communities,” to include, but not limited to, race and ethnicity, including indigenous peoples, communities of color, and immigrant and refugee communities; gender, including women; age, including the elderly and youth; sexual and gender minorities; people with disabilities; occupation and income level; people with disabilities; occupation and income level including low-income individuals and the unhoused; education level; people with no or limited English language proficiency; as well as geographic location.
Background
Purpose of the bill. According to the author’s office, “while [past] efforts have significantly advanced integrating the needs of California’s diverse communities into county emergency planning, further work needs to be done. This was made evident during a hearing of the Joint Legislative Committee on Emergency Management in November 2018, which examined how recent legislation has improved emergency alerting in California. At that hearing, witnesses described how for non-English speaking communities, language translation itself does not lead to effective communication, but also requires an understanding of the cultural dynamics of California.”
The author’s office further states, that, “even with English-speaking communities, a lack of awareness of socio-economic differences, diverse gender expressions and identities, educational level, age and religion can inhibit effective emergency planning. This bill integrates the diverse needs of our state’s population into local emergency planning by requiring counties to incorporate cultural competence into the next update of their emergency plan in order to ensure the diverse cultural and linguistic needs of all residents are addressed.”
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 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 would further required counties to integrate cultural competence into its emergency plan, upon the next update to its emergency plan.
Related/Prior Legislation
AB 477 (Cervantes, Chapter 218, Statutes of 2019) required cities and counties to include representatives from the access and functional needs population, as defined, in the next regular update to their emergency plan, as specified.
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 specified, for the sole purpose of enrolling county residents in a county operated public emergency warning system.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
According to the Assembly Committee on Appropriations, unknown, potentially reimbursable mandate costs for all counties to integrate cultural competency into their emergency plans. However, as an illustrative example, if each large population county (with more than one million residents) needed to dedicate two full-time employees earning the state median salary for this effort and every other county needed to dedicate one full-time employee earning the state median salary, costs across all counties would exceed $3.5 million
California Environmental Justice Alliance (co-source)
Women’s Foundation of California (co-source)
Women’s Policy Institute (co-source)
#Out4Mental Health
Alameda County
American Federation of State, County and Municipal Employees
American Friends Service Committee
Asian Pacific Environmental Network
Association of Regional Center Agencies
Breast Cancer Prevention Partners
California Healthy Nail Salon Collaborative
California Immigrant Policy Center
California League of Conservation Voters
California LGBTQ Health and Human Services Network
California Pan-Ethnic Health Network
Center for Climate Change and Health
Center for Race, Poverty, and the Environment
Central Coast Alliance United for a Sustainable Economy
City of West Hollywood
Climate Resolve
Communities for a Better Environment
County of San Mateo
CSAC – Excess Insurance Authority
Disability Rights California
Disability Voices United
Environmental Health Coalition
Gay and Lesbian Alliance of the Central Coast
Gender Health Center
Greenlining Institute
Health Officers Association of California
Latino Equity Alliance
Leadership Counsel for Justice & Accountability
Los Angeles LGBT Center
Mixteco Indigena Community Organizing Project
National Association of Social Workers – California Chapter
Option House, Inc.
Physicians for Social Responsibility
PODER San Francisco
Prevention Institute
Sacramento LGBT Community Center
San Francisco Bay Area Physicians for Social Responsibility
Santa Barbara County Board of Supervisors
Santa Barbara Women’s Political Committee
SCOPE LA
SEIU – California
Solanno Pride Center
The Source LGBT+Center
The Trust for Public Land
TreePeople
Union of Concerned Scientists
Urban Permaculture Institute of California
Western Manufactured Housing Communities Association
World Institute on Disability
OPPOSITION: (Verified 9/10/19)
None received
ARGUMENTS IN SUPPORT: Supporters of the bill argue that, “local governments across the state entrust to emergency planners the responsibility on how to best respond to natural and human-caused emergencies and disasters so that life and property are protected. SB 160 ensures local disaster preparedness and response activities are culturally competent and meet the unique needs of all communities, especially culturally diverse communities.”
According to the California Immigrant Policy Center, “ensuring greater cultural competency and language access for all residents during an emergency is in keeping with the state’s efforts to protect all Californians during an emergency and is urgently needed in light of the recent spate of large and deadly fires that have taken place in our state. The inclusion of cultural competence standards in local emergency response plans is crucial in ensuring the safety of all Californians, and will help eliminate language and communication barriers.”
ASSEMBLY FLOOR: 78-0, 9/10/19
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, Daly, Diep, Eggman, Flora, Fong, Frazier, Friedman, Gabriel, Gallagher, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gonzalez, Gray, Grayson, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager-Dove, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Muratsuchi, Nazarian, O'Donnell, Patterson, Petrie-Norris, Quirk, 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: Obernolte
Prepared by: Felipe Lopez / G.O. / (916) 651-1530
9/10/19 23:01:45
**** END ****
SENATE THIRD READING
STR Bill Id:SB 160
Author:(Jackson)
As Amended Ver:September 3, 2019
Majority vote
SUMMARY:
Requires cities and counties to integrate cultural competency, as defined, in the next regular update to their emergency plan.
Major Provisions
- Requires city and counties to incorporate cultural competence, as defined, into their emergency plan upon its next update and at a minimum, describe how culturally diverse communities within its jurisdiction are served by emergency notifications, evacuations and sheltering, mitigation and prevention, planning, and preparedness.
- Requires cities and counties, when updating their emergency plans, to provide a forum for community engagement in geographically diverse locations in order to engage with culturally diverse communities.
- Provides cities and counties may establish a separate community advisory board, as specified, for the purpose of cohosting, coordinating, and conducting outreach for the community engagement forums.
COMMENTS:
California recently enacted AB 2311 (Brown), which became law January 1, 2017, and requires each county and city to integrate access and functional needs upon the next update to its emergency response plan. Specifically, jurisdictions must address how it will serve the access and functional needs community in emergency communications, emergency evacuations and emergency sheltering. This bill would build on this requirement to not only ensure the needs of access and functional needs population are served, but would require their representatives be involved in the next regular update of an emergency plan.
According to the Author: After the fire disasters of the past several years, our state has been
working to develop best practices for emergency response. However, there is a need to address the lack of accessibility to emergency information, needed services, and the evacuation needs of our access and functional needs population. Those impacted by the wild fires have been disproportionately seniors and individuals with disabilities, and they are frequently left behind to suffer.
Arguments in Support: The sponsors of the bill, the Women's Foundation of California,
Women's Policy Institute and California Environmental Justice, write in support, "SB 160 will require counties to carry out community engagement when updating emergency plans in order to ensure local disaster preparedness and response activities (i.e. alerts, communications, evacuations, and sheltering) are culturally competent and meet the diverse needs of all communities, with priority on culturally diverse communities."
Arguments in Opposition: None.
FISCAL COMMENTS:
According to the Assembly Committee on Appropriations, unknown, potentially reimbursable mandate costs for all counties to integrate cultural competency into their emergency plans. However, as an illustrative example, if each large population county (with more than one million residents) needed to dedicate two full-time employees earning the state median salary for this effort and every other county needed to dedicate one full-time employee earning the state median salary, costs across all counties would exceed $3.5 million.
VOTES:
SENATE FLOOR: 38-0-0
YES: Allen, Archuleta, Atkins, Bates, Beall, Borgeas, Bradford, Caballero, Chang, Dodd, Durazo, Galgiani, Glazer, Grove, Hertzberg, Hill, Hueso, Hurtado, Jackson, Jones, Leyva, McGuire, Mitchell, Monning, Moorlach, Morrell, Nielsen, Pan, Portantino, Roth, Rubio, Skinner, Stern, Stone, Umberg, Wieckowski, Wiener, Wilk
ASM GOVERNMENTAL ORGANIZATION: 19-0-2
YES: Gray, Bigelow, Aguiar-Curry, Berman, Bonta, Brough, Cooley, Cooper, Daly, Gallagher, Eduardo Garcia, Jones-Sawyer, Lackey, Mathis, Melendez, Quirk-Silva, Robert Rivas, Blanca Rubio, Salas
ABS, ABST OR NV: Gipson, Low
ASM APPROPRIATIONS: 17-0-1
YES: Gonzalez, Bigelow, Bloom, Bonta, Brough, Calderon, Carrillo, Chau, Diep, Eggman, Fong, Gabriel, Eduardo Garcia, Maienschein, Petrie-Norris, Quirk, Robert Rivas
ABS, ABST OR NV: Obernolte
UPDATED:
VERSION: September 3, 2019
CONSULTANT: Mike Dayton / G.O. / (916) 319-2531 FN: 0001751
Date of Hearing: August 14, 2019
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez, Chair
SBPCA Bill Id:SB 160
Author:(Jackson) – As Amended Ver:July 3, 2019
Policy Committee: | Governmental Organization | Vote: | 19 - 0 |
|
| ||
|
|
Urgency: No State Mandated Local Program: Yes Reimbursable: Yes
SUMMARY:
This bill requires each county to integrate cultural competency in the next update to its emergency plan. Specifically, this bill:
- Requires each county to describe how all cultural populations within the county are served by emergency notifications, evacuations and sheltering, mitigation and prevention, and planning and preparedness.
- Requires each county to host a community engagement forum in geographically diverse locations.
- Authorizes each county to form a community advisory board for the purpose of cohosting, coordinating and conducting community outreach for the engagement forums.
FISCAL EFFECT:
Unknown, potentially reimbursable mandate costs for all counties to integrate cultural competency into their emergency plans. These costs cannot be precisely calculated because the bill’s scope is vaguely defined (see comment #3). However, as an illustrative example, if each large population county (with more than one million residents) needed to dedicate two full-time employees earning the state median salary for this effort and every other county needed to dedicate one full-time employee earning the state median salary, costs across all counties would exceed $3.5 million. Actual state costs would depend upon a determination by the Commission on State Mandates, and the number and amount of individual claims that the Commission deems reimbursable.
COMMENTS:
- Background. AB 2311 (Brown), Chapter 520, Statutes of 2016, requires 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. This population includes those with developmental or intellectual disabilities, physical disabilities and chronic health conditions and people within institutionalized settings. A county’s access and functional needs plan must address how the population is served by emergency communications, including the use of interpreters, emergency evacuation and sheltering.
- Purpose. According to the author, this bill will help ensure emergency plans work for all community members so that no one is left behind during an emergency. This bill builds upon AB 2311’s effort to improve emergency services for the access and functional needs population by broadening the scope of underserved populations and more directly involving them in the development of emergency plans.
- This bill needs clarity. SB 160 recognizes the need to ensure emergency planning is responsive to, and respectful of, local community needs. However, as drafted, this bill may create confusion and challenges for counties seeking to implement these new requirements. Specifically, this bill requires all counties to explain how certain emergency responses, such as evacuations and notifications, service “all cultural populations.” However, this bill does not define the term “cultural populations” and the scope of this definition will ultimately determine the amount of work counties must undertake. The author may wish to refine this definition so that counties can better implement the bill’s requirements.
- Related legislation. AB 477 (Cervantes), of the 2019-20 Legislative Session, requires counties to include representatives from the access and functional needs population in the next regular update to their emergency plan, as specified. The measure is pending on the Senate Floor.
Analysis Prepared by: Luke Reidenbach / APPR. / (916) 319-2081
Date of Hearing: July 10, 2019
ASSEMBLY COMMITTEE ON GOVERNMENTAL ORGANIZATION
Adam Gray, Chair
SBPCA Bill Id:SB 160
Author:(Jackson) – As Amended Ver:July 3, 2019
SENATE VOTE: 38-0
SUBJECT: Emergency services: cultural competence
SUMMARY: This bill would require cities and counties to integrate cultural competency, as defined, in the next regular update to their emergency plan. Specifically, this bill:
- Requires city and county local emergency managers to incorporate cultural competence, as defined, into their emergency plan upon its next update and at a minimum, describe how all cultural populations within its jurisdiction are served by emergency notifications, evacuations and sheltering, mitigation and prevention, planning, and preparedness.
- Requires cities and counties, when updating their emergency plans, to provide a forum for community engagement in geographically diverse locations in order to engage with culturally diverse communities.
- Provides cities and counties may establish a separate community advisory board, as specified, for the purpose of cohosting, coordinating, and conducting outreach for the community engagement forums.
4) Defines “cultural competence” to mean the ability to understand, communicate with, and effectively interact with people across cultures in order to ensure that the needs of all community members addressed, with priority given to “culturally diverse communities.” “Cultural competence” includes, but is not limited, being respectful and responsive to the cultural and linguistic needs of diverse population groups.
5) Defines “culture” to mean, but is not limited to, race, ethnicity, age, gender, sexual orientation, disability, religion, income level, education, geographic location, or profession.
6) Defines, “culturally diverse communities,” to include, but not limited to, race and ethnicity, including indigenous peoples, communities of color, and immigrant and refugee communities; gender, including women; age, including the elderly and youth; sexual and gender minorities; people with disabilities; occupation and income level; people with disabilities; occupation and income level including low-income individuals and the unhoused; education level; people with no or limited English language proficiency; as well as geographic location.
EXISTING LAW:
1) Creates, within the office of the Governor, the California Office of Emergency Services (Cal OES), which is responsible for addressing natural, technological, or manmade disasters and emergencies, including responsibility for activities necessary to prevent, respond to, recover from, and mitigate the effects of emergencies and disasters to people and property.
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.
5) Requires Cal OES to work with advocacy groups representing the deaf and hard of hearing, California television broadcasters, city and county emergency services coordinators, and, as appropriate, the Federal Emergency Management Agency and the Federal Communications Commission, to improve communication with deaf and hard-of-hearing persons during emergencies.
6) Establishes federal preparedness grant programs administered by the Federal Emergency Management Agency and requires recipients to update their emergency operations plan at least every 2 years.
FISCAL EFFECT: Unknown
COMMENTS:
Purpose of the bill: According to the author, “After the fire disasters of the past several years, our state has been working to develop best practices for emergency response. However, there is a need to address the lack of accessibility to emergency information, needed services, and the evacuation needs of our access and functional needs population. Those impacted by the wild fires have been disproportionately seniors and individuals with disabilities, and they are frequently left behind to suffer.”
The author argues, “We cannot allow our most vulnerable communities to suffer in silence. We must ensure that we create emergency plans that address the needs of individuals who need additional assistance, including: those with intellectual and developmental disabilities; individuals with physical disabilities; those with limited English proficiency or who are non-English speaking; seniors; children; people living in institutionalized settings; and individuals experiencing homelessness. This bill will help assemble emergency plans that work for all members of our community, and ensure that when disasters happen, no one is left behind.”
Background: California recently enacted AB 2311 (Brown), which became law January 1, 2017, and requires each county and city to integrate access and functional needs upon the next update to its emergency response plan. Specifically, jurisdictions must address how it will serve the access and functional needs community in emergency communications, emergency evacuations and emergency sheltering. This bill would build on this requirement to not only ensure the needs of access and functional needs population are served, but would require their representatives be involved in the next regular update of an emergency plan.
Cal OES’s Office of Access and Functional Needs: Cal OES’s Office of Access and Functional Needs recently issued guidance to assist counties and cities for the integration of access and functional needs into emergency planning and response.
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.
California For All Emergency Preparedness Campaign: On April 15, Governor Newsom announced the California For All Emergency Preparedness Campaign, which is a new effort to boost disaster preparedness by connecting over one million of the most vulnerable Californians to culturally and linguistically competent support. The $50 million effort will invest directly in targeted regions and communities to improve how Californians get prepared. The first phase of the joint effort between California Volunteers and the Governor’s Office of Emergency Services is a Request for Proposals. Ultimately, community-based organizations in counties across the state will provide emergency preparedness education and resources to their vulnerable population and facilitate a community-wide process to identify gaps and solutions in local emergency plans.
Local Access and Functional Needs Working Groups: Several counties and cities have developed Access and Functional Needs (AFN) Working Groups to ensure emergency planning efforts reflect the unique needs of the whole community. San Diego County’s AFN Working Group has been active since 2011, includes over 40 agencies and has reviewed and approved all of their operational area emergency operations plans and annexes. The City and County of San Francisco established a working group in 2017 to integrate emergency response and recovery functions and programs with the access and functional needs community.
Arguments in support: The sponsors of the bill, the Women’s Foundation of California, Women’s Policy Institute and California Environmental Justice, write in support, “SB 160 will require counties to carry out community engagement when updating emergency plans in order to ensure local disaster preparedness and response activities (i.e. alerts, communications, evacuations, and sheltering) are culturally competent and meet the diverse needs of all communities, with priority on culturally diverse communities.”
The Asian Pacific Environmental Network adds, “In order to ensure local emergency plans address the needs of all communities, this bill encourages counties to conduct community outreach forums that include information sharing and opportunities to solicit input from culturally diverse communities. It also encourages counties to establish a multi-agency community advisory board that will assist counties to implement emergency preparedness strategies identified. The bill as amended provides counties with additional guidance to update their emergency plans with support from culturally diverse community members and local advocacy groups.”
Related Legislation: AB 477 (Cervantes) of this Session. Would require cities and counties to include representatives from the access and functional needs population, as defined, in the next regular update to their emergency plan, as specified. (Pending in the Senate Committee on Appropriations)
SB 46 (Jackson) of this 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. (Pending in the Assembly Committee on Appropriations)
Prior Legislation: AB 3098 (Friedman) Chapter 348, Statutes of 2018. Requires a residential care facility for the elderly to have an emergency and disaster plan.
AB 1877 (Limón) Chapter 630, Statutes of 2018. Requires 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. Authorizes 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. Requires 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. Requires 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. Requires each county to integrate access and functional needs into its emergency plan upon the next update.
REGISTERED SUPPORT / OPPOSITION:
Support
Women’s Foundation of California
Women’s Policy Institute
California Environmental Justice Alliance
American Friends Service Committee
American Planning Association, California Chapter
Asian Pacific Environmental Network
Association of Regional Center Agencies
Breast Cancer Prevention Partners
California Healthy Nail Salon Collaborative
California Immigrant Policy Center
California League of Conservation Voters
California Pan-Ethnic Health Network
Central Coast Alliance United for a Sustainable Economy
Center for Climate Change and Health
Center for Race, Poverty, and the Environment
Climate Resolve
Communities for A Better Environment
Disability Rights California
Environmental Health Coalition
Greenlining Institute
Leadership Counsel for Justice & Accountability
Mixteco Indigena Community Organizing Project
Option House, Inc.
Physicians for Social Responsibility
PODER
Power California
Prevention Institute
Promesa Boyle Heights
Public Health Justice Collective
San Francisco Bay Area Physicians for Social Responsibility
Santa Barbara County Board of Supervisors
Santa Barbara Women’s Political Committee
SCOPE LA
TreePeople
The Trust for Public Land
Union of Concerned Scientists
Urban Permaculture Institute of California
World Institute on Disability
Opposition
None on file
Analysis Prepared by: Mike Dayton / G.O. / (916) 319-2531
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB 160 |
THIRD READING
Bill No: SB 160
Amended: 4/2/19
SENATE GOVERNMENTAL ORG. COMMITTEE: 16-0, 4/9/19
AYES: Dodd, Wilk, Allen, Archuleta, Borgeas, Bradford, Chang, Galgiani, Glazer, Hill, Hueso, Jones, Nielsen, Portantino, Rubio, Wiener
SENATE APPROPRIATIONS COMMITTEE: 6-0, 5/16/19
AYES: Portantino, Bates, Bradford, Hill, Jones, Wieckowski
SUBJECT: Emergency services: cultural competence
SOURCE: California Environmental Justice Alliance
Women’s Foundation of California
Women’s Policy Institute
DIGEST: This bill requires a county to integrate cultural competence 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.
ANALYSIS:
Existing law:
- Establishes the California Office of Emergency Services (OES) within the office of the Governor and makes OES responsible for the state’s emergency and disaster response services for natural, technological, or manmade disasters and emergencies.
- Specifies that the State Emergency Plan (SEP) shall be in effect in each political subdivision of the state, and the governing body of each political subdivision shall take such action as may be necessary to carry out the provisions thereof.
- Defines “political subdivision” to mean any city, city and county, county, district, or other local governmental agency or public agency authorized by law.
- Requires the Governor to coordinate the preparation of plans and programs for the mitigation of the effects of an emergency by the political subdivisions of the State of California.
- Requires OES to work with specified entities to improve communication with deaf and hearing-impaired persons during emergencies.
- Defines “emergency plans” to mean those official and approved documents which describe the principles and methods to be applied in carrying out emergency operations or rendering mutual aid during emergencies. These plans include such elements as continuity of government, the emergency services of governmental agencies, mobilizations of resources, mutual aid, and public information.
- Requires a county, upon the next update to its emergency plan, to integrate access and functional needs into its emergency plan, as specified.
This bill:
- Requires a county, upon the next update to its emergency plan, to integrate cultural competence, as defined, into its emergency plan by addressing, at a minimum, how all cultural populations within its jurisdiction are served by the following:
- Emergency communications, including integration of interpreters and translators.
- Emergency evacuations and sheltering.
- Emergency mitigation and prevention.
- Emergency planning, including drawing on community-based values and customs, and incorporating qualified representatives from diverse population groups in the community, during the planning process.
- Emergency preparedness, including the use of culturally appropriate resources and outreach techniques to educate and prepare community members for emergencies or disasters.
- Requires a county to provide a forum for community engagement in geographically diverse locations in order to engage with culturally diverse communities, as defined.
- Defines “cultural competence” to mean the ability to understand, communicate with, and effectively interact with people across cultures in order to ensure that the needs of all community members addressed, with priority given to “culturally diverse communities.” “Cultural competence” includes, but is not limited, being respectful and responsive to the cultural and linguistic needs of diverse population groups.
- Defines “culture” to mean, but is not limited to, race, ethnicity, age, gender, sexual orientation, disability, religion, income level, education, geographic location, or profession.
- Defines, “culturally diverse communities,” to include, but not limited to, race and ethnicity, including indigenous peoples, communities of color, and immigrant and refugee communities; gender, including women; age, including the elderly and youth; sexual and gender minorities; people with disabilities; occupation and income level; people with disabilities; occupation and income level including low-income individuals and the unhoused; education level; people with no or limited English language proficiency; as well as geographic location.
Background
Purpose of the bill. According to the author’s office, “while [past] efforts have significantly advanced integrating the needs of California’s diverse communities into county emergency planning, further work needs to be done. This was made evident during a hearing of the Joint Legislative Committee on Emergency Management in November 2018, which examined how recent legislation has improved emergency alerting in California. At that hearing, witnesses described how for non-English speaking communities, language translation itself does not lead to effective communication, but also requires an understanding of the cultural dynamics of California.”
The author’s office further states, that, “even with English-speaking communities, a lack of awareness of socio-economic differences, diverse gender expressions and identities, educational level, age and religion can inhibit effective emergency planning. This bill integrates the diverse needs of our state’s population into local emergency planning by requiring counties to incorporate cultural competence into the next update of their emergency plan in order to ensure the diverse cultural and linguistic needs of all residents are addressed.”
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 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 would further required counties to integrate cultural competence into its emergency plan, upon the next update to its emergency plan.
Related/Prior Legislation
SB 46 (Jackson, 2019) authorizes cities, the California State University, the University of California, and community college districts to access contact information, as specified, for the sole purpose of enrollment in a public emergency warning system. (Held in the Senate Appropriations Committee Suspense File)
AB 477 (Cervantes, 2019) requires cities and counties to include representatives from the access and functional needs population, as defined, in the next regular update to their emergency plan, as specified. (Pending in the Assembly Appropriations Committee)
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 specified, 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 required OES to develop an alert and warning training, as specified.
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.
AB 289 (Gray, Chapter 106, Statutes of 2017) required OES to update the SEP on or before January 1, 2019 and every five years thereafter.
AB 2311 (Brown, Chapter 520, Statutes of 2016) required each county, including a city and county of the state to integrate access and functional needs, as defined, during the next update to its emergency plan.
AB 918 (Cooley, Chapter 187, Statutes of 2013) required OES, on or before July 31, 2015, to update the SEP to include proposed best practices for local governments and nongovernmental entities to use to mobilize and evacuate people with disabilities and others with access and functional needs during an emergency or natural disaster.
AB 2051 (Tran, 2010) would have authorize the California Emergency Management Agency to prepare, in voluntary cooperation with specific local governmental and nongovernmental entities, a specialized plan to mobilize senior citizens and disabled person during an emergency or natural disasters. (Held on Senate Appropriations Suspense File)
SB 426 (Kehoe, 2007) would have established a Deputy Director for Access and Functional Needs position within OES responsible for preparedness, response, and recovery services for individuals of all ages with functional limitations and disabilities. (Held on the Senate Appropriations Suspense File)
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
According to the Senate Appropriations Committee, unknown, potentially reimbursable mandate costs for all counties (or city and county) to adopt or update emergency plans to integrate cultural competence. Actual costs would depend upon a determination by the Commission on State Mandates, and the number and amount of individual claims that are deemed reimbursable.
California Environmental Justice Alliance (co-source)
Women’s Foundation of California (co-source)
Women’s Policy Institute (co-source)
American Friends Service Committee
Asian Pacific Environmental Network
Association of Regional Center Agencies
Breast Cancer Prevention Partners
California Healthy Nail Salon Collaborative
California Immigrant Policy Center
California League of Conservation Voters
California Pan-Ethnic Health Network
Center for Climate Change and Health
Center for Race, Poverty, and the Environment
Central Coast Alliance United for a Sustainable Economy
City of West Hollywood
Climate Resolve
Communities for A Better Environment
CSAC – Excess Insurance Authority
Disability Rights California
Environmental Health Coalition
Greenlining Institute
Leadership Counsel for Justice & Accountability
Mixteco Indigena Community Organizing Project
National Association of Social Workers – California Chapter
Option House, Inc.
Physicians for Social Responsibility
PODER San Francisco
Prevention Institute
San Francisco Bay Area Physicians for Social Responsibility
Santa Barbara County Board of Supervisors
Santa Barbara Women’s Political Committee
SCOPE LA
SEIU – California
The Trust for Public Land
TreePeople
Union of Concerned Scientists
Urban Permaculture Institute of California
Western Manufactured Housing Communities Association
World Institute on Disability
OPPOSITION: (Verified 5/16/19)
None received
ARGUMENTS IN SUPPORT: Supporters of the bill argue that, “local governments across the state entrust to emergency planners the responsibility on how to best respond to natural and human-caused emergencies and disasters so that life and property are protected. SB 160 ensures local disaster preparedness and response activities are culturally competent and meet the unique needs of all communities, especially culturally diverse communities.”
According to the California Immigrant Policy Center, “ensuring greater cultural competency and language access for all residents during an emergency is in keeping with the state’s efforts to protect all Californians during an emergency and is urgently needed in light of the recent spate of large and deadly fires that have taken place in our state. The inclusion of cultural competence standards in local emergency response plans is crucial in ensuring the safety of all Californians, and will help eliminate language and communication barriers.”
Prepared by: Felipe Lopez / G.O. / (916) 651-1530
5/18/19 10:32:04
**** END ****
SENATE COMMITTEE ON APPROPRIATIONS
Senator Anthony Portantino, Chair
2019 - 2020 Regular Session
SB 160 (Jackson) - Emergency services: cultural competence
Version: April 2, 2019 | Policy Vote: G.O. 16 - 0 |
Urgency: No | Mandate: Yes |
Hearing Date: April 22, 2019 | Consultant: Debra Cooper |
Bill Summary:
SB 160 would require a county to integrate cultural competence into its emergency plan, upon the next update to its emergency plan, and would require counties to provide a forum for community engagement in geographically diverse locations in order to engage with culturally diverse communities.
Fiscal Impact:
Unknown, potentially reimbursable mandate costs for all counties (or city and county) to adopt or update emergency plans to integrate cultural competence. Actual costs would depend upon a determination by the Commission on State Mandates, and the number and amount of individual claims that are deemed reimbursable.
Background:
Existing law makes the California Governor’s Office of Emergency Services (OES) responsible for overseeing and coordinating emergency preparedness, response, recovery, and homeland security efforts within the state. Existing law requires the Governor to coordinate the State Emergency Plan (SEP) which addresses the state’s response to extraordinary emergency situations associated with natural disasters or human-caused emergencies. 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.
Proposed Law:
This bill would require a county or city and county to integrate cultural competence into its emergency plan, as specified, upon the next update to its emergency plan. This bill would also require the county or city and county to provide a forum for community engagement in geographically diverse locations in order to engage with culturally diverse communities within its jurisdiction.
Related Legislation:
AB 477 (Cervantes, 2019) would require cities and counties to include representatives from the access and functional needs population in the next regular update to their emergency plan, as specified. The measure is pending in the Assembly Governmental Organization Committee.
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.
AB 2311 (Brown, Chapter 520, Statutes of 2016) required each county, including a city and county of the state to integrate access and functional needs, as defined, during the next update to its emergency plan.
Staff Comments:
The potential state costs of this bill would depend on how many local agencies have adopted emergency plans that already incorporate cultural competency and the documented costs incurred by counties to incorporate cultural competence into its emergency plan. Should all counties meet the threshold to claim reimbursement for costs related to the provisions of this bill, the cumulative costs would exceed $50,000.
-- END --
SENATE COMMITTEE ON GOVERNMENTAL ORGANIZATION
Senator Bill Dodd
Chair
2019 - 2020 Regular
Bill No: SB 160 Hearing Date: 4/9/2019
Author: | Jackson, et al. | ||
Version: | 4/2/2019 Amended | ||
Urgency: | No | Fiscal: | Yes |
Consultant: | Felipe Lopez | ||
SUBJECT: Emergency services: cultural competence
DIGEST: This bill requires a county to integrate cultural competence 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.
ANALYSIS:
Existing law:
- Establishes the California Office of Emergency Services (OES) within the office of the Governor and makes OES responsible for the state’s emergency and disaster response services for natural, technological, or manmade disasters and emergencies.
- Specifies that the State Emergency Plan (SEP) shall be in effect in each political subdivision of the state, and the governing body of each political subdivision shall take such action as may be necessary to carry out the provisions thereof.
- Defines “political subdivision” to mean any city, city and county, county, district, or other local governmental agency or public agency authorized by law.
- Requires the Governor to coordinate the preparation of plans and programs for the mitigation of the effects of an emergency by the political subdivisions of the State of California.
- Requires OES to work with specified entities to improve communication with deaf and hearing-impaired persons during emergencies.
- Defines “emergency plans” to mean those official and approved documents which describe the principles and methods to be applied in carrying out emergency operations or rendering mutual aid during emergencies. These plans include such elements as continuity of government, the emergency services of governmental agencies, mobilizations of resources, mutual aid, and public information.
- Requires a county, upon the next update to its emergency plan, to integrate access and functional needs into its emergency plan, as specified.
This bill:
- Requires a county, upon the next update to its emergency plan, to integrate cultural competence, as defined, into its emergency plan by addressing, at a minimum, how all cultural populations within its jurisdiction are served by the following:
- Emergency communications, including integration of interpreters and translators.
- Emergency evacuations and sheltering.
- Emergency mitigation and prevention.
- Emergency planning, including drawing on community-based values and customs, and incorporating qualified representatives from diverse population groups in the community, during the planning process.
- Emergency preparedness, including the use of culturally appropriate resources and outreach techniques to educate and prepare community members for emergencies or disasters.
- Requires a county to provide a forum for community engagement in geographically diverse locations in order to engage with culturally diverse communities, as defined.
- Defines “cultural competence” to mean the ability to understand, communicate with, and effectively interact with people across cultures in order to ensure that the needs of all community members addressed, with priority given to “culturally diverse communities.” “Cultural competence” includes, but is not limited, being respectful and responsive to the cultural and linguistic needs of diverse population groups.
- Defines “culture” to mean, but is not limited to, race, ethnicity, age, gender, sexual orientation, disability, religion, income level, education, geographic location, or profession.
- Defines, “culturally diverse communities,” to include, but not limited to, race and ethnicity, including indigenous peoples, communities of color, and immigrant and refugee communities; gender, including women; age, including the elderly and youth; sexual and gender minorities; people with disabilities; occupation and income level; people with disabilities; occupation and income level including low-income individuals and the unhoused; education level; people with no or limited English language proficiency; as well as geographic location.
Background
Purpose of the bill. According to the author’s office, “while [past] efforts have significantly advanced integrating the needs of California’s diverse communities into county emergency planning, further work needs to be done. This was made evident during a hearing of the Joint Legislative Committee on Emergency Management in November 2018, which examined how recent legislation has improved emergency alerting in California. At that hearing, witnesses described how for non-English speaking communities, language translation itself does not lead to effective communication, but also requires an understanding of the cultural dynamics of California.”
The author’s office further states, that, “even with English-speaking communities, a lack of awareness of socio-economic differences, diverse gender expressions and identities, educational level, age and religion can inhibit effective emergency planning. This bill integrates the diverse needs of our state’s population into local emergency planning by requiring counties to incorporate cultural competence into the next update of their emergency plan in order to ensure the diverse cultural and linguistic needs of all residents are addressed.”
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 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 would further required counties to integrate cultural competence into its emergency plan, upon the next update to its emergency plan.
Prior/Related Legislation
SB 46 (Jackson, 2019) would authorize cities, the California State University, the University of California, and community college districts to access contact information, as specified, for the sole purpose of enrollment in a public emergency warning system. (Pending in the Senate Energy, Utilities, and Communications Committee)
AB 477 (Cervantes, 2019) would require cities and counties to include representatives from the access and functional needs population, as defined, in the next regular update to their emergency plan, as specified. (Pending in the Assembly Governmental Organization Committee)
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 specified, 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 required OES to develop an alert and warning training, as specified.
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.
AB 289 (Gray, Chapter 106, Statutes of 2017) required OES to update the SEP on or before January 1, 2019 and every five years thereafter.
AB 2311 (Brown, Chapter 520, Statutes of 2016) required each county, including a city and county of the state to integrate access and functional needs, as defined, during the next update to its emergency plan.
AB 918 (Cooley, Chapter 187, Statutes of 2013) required OES, on or before July 31, 2015, to update the SEP to include proposed best practices for local governments and nongovernmental entities to use to mobilize and evacuate people with disabilities and others with access and functional needs during an emergency or natural disaster.
AB 2051 (Tran, 2010) would have authorize the California Emergency Management Agency to prepare, in voluntary cooperation with specific local governmental and nongovernmental entities, a specialized plan to mobilize senior citizens and disabled person during an emergency or natural disasters. (Held on Senate Appropriations Suspense File)
SB 426 (Kehoe, 2007) would have established a Deputy Director for Access and Functional Needs position within OES responsible for preparedness, response, and recovery services for individuals of all ages with functional limitations and disabilities. (Held on the Senate Appropriations Suspense File)
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
SUPPORT:
Women’s Foundation of California (Co-source)
Women’s Policy Institute (Co-source)
California Environmental Justice Alliance (Co-source)
American Friends Service Committee
Asian Pacific Environmental Network
Association of Regional Center Agencies
Breast Cancer Prevention Partners
California Healthy Nail Salon Collaborative
California Immigrant Policy Center
California League of Conservation Voters
California Pan-Ethnic Health Network
Central Coast Alliance United for a Sustainable Economy
Center for Climate Change and Health
Center for Race, Poverty, and the Environment
Climate Resolve
Communities for A Better Environment
Disability Rights California
Environmental Health Coalition
Greenlining Institute
Leadership Counsel for Justice & Accountability
Mixteco Indigena Community Organizing Project
Option House, Inc.
Physicians for Social Responsibility
Prevention Institute
PODER San Francisco
San Francisco Bay Area Physicians for Social Responsibility
Santa Barbara County Board of Supervisors
Santa Barbara Women’s Political Committee
SCOPE LA
TreePeople
The Trust for Public Land
Union of Concerned Scientists
Urban Permaculture Institute of California
World Institute on Disability
OPPOSITION:
None received
ARGUMENTS IN SUPPORT: Supporters of the bill argue that, “local governments across the state entrust to emergency planners the responsibility on how to best respond to natural and human-caused emergencies and disasters so that life and property are protected. SB 160 ensures local disaster preparedness and response activities are culturally competent and meet the unique needs of all communities, especially culturally diverse communities.”
According to the California Immigrant Policy Center, “ensuring greater cultural competency and language access for all residents during an emergency is in keeping with the state’s efforts to protect all Californians during an emergency and is urgently needed in light of the recent spate of large and deadly fires that have taken place in our state. The inclusion of cultural competence standards in local emergency response plans is crucial in ensuring the safety of all Californians, and will help eliminate language and communication barriers.”
Bill Author
Bill Co-Author(s):