AB 2232: Accessibility to emergency information and services: emergency shelters: persons with pets.
- Session Year: 2023-2024
- House: Assembly
- Latest Version Date: 2024-06-14
Current Status:
Passed
(2024-06-14: Chaptered by Secretary of State - Chapter 14, Statutes of 2024.)
Introduced
In Committee
First Chamber
In Committee
Second Chamber
Enacted
Existing law, the California Emergency Services Act, provides that political subdivisions, as defined, have full power during a local emergency to provide mutual aid to any affected area in accordance with local ordinances, resolutions, emergency plans, or agreements. Existing law defines emergency plan for these purposes to mean official and approved documents that describe the principles and methods to be applied in carrying out emergency operations or rendering mutual aid during emergencies. Existing law requires that a county send a copy of its emergency plan to the Office of Emergency Services upon an update to the plan.
Existing law requires, upon the next update to a city or countys emergency plan, whenever a city or county designates any number of emergency warming centers, that it also, to the extent practicable, designate at least one heating center that can accommodate persons with pets. Existing law defines warming center to mean a facility established to mitigate the public health impacts of extreme cold.
This bill would specify that, upon the next update to a city or countys emergency plan, whenever a city or county designates any number of emergency warming centers, that it also, to the extent practicable, designate at least one warming center that can accommodate persons with pets.
Existing law, the California Emergency Services Act, provides that political subdivisions, as defined, have full power during a local emergency to provide mutual aid to any affected area in accordance with local ordinances, resolutions, emergency plans, or agreements. Existing law defines emergency plan for these purposes to mean official and approved documents that describe the principles and methods to be applied in carrying out emergency operations or rendering mutual aid during emergencies. Existing law requires that a county send a copy of its emergency plan to the Office of Emergency Services upon an update to the plan.
Existing law requires, upon the next update to a city or countys emergency plan, whenever a city or county designates any number of emergency warming centers, that it also, to the extent practicable, designate at least one heating center that can accommodate persons with pets. Existing law defines warming center to mean a facility established to mitigate the public health impacts of extreme cold.
This bill would specify that, upon the next update to a city or countys emergency plan, whenever a city or county designates any number of emergency warming centers, that it also, to the extent practicable, designate at least one warming center that can accommodate persons with pets.
Existing law, the California Emergency Services Act, provides that political subdivisions, as defined, have full power during a local emergency to provide mutual aid to any affected area in accordance with local ordinances, resolutions, emergency plans, or agreements. Existing law defines emergency plan for these purposes to mean official and approved documents that describe the principles and methods to be applied in carrying out emergency operations or rendering mutual aid during emergencies. Existing law requires that a county send a copy of its emergency plan to the Office of Emergency Services upon an update to the plan.
Existing law requires, upon the next update to a city or countys emergency plan, whenever a city or county designates any number of emergency warming centers, that it also, to the extent practicable, designate at least one heating center that can accommodate persons with pets. Existing law defines warming center to mean a facility established to mitigate the public health impacts of extreme cold.
This bill would specify that, upon the next update to a city or countys emergency plan, whenever a city or county designates any number of emergency warming centers, that it also, to the extent practicable, designate at least one warming center that can accommodate persons with pets.
Existing law establishes the Civil Rights Department within the Business, Consumer Services, and Housing Agency to enforce civil rights laws with respect to housing and employment and to protect and safeguard the right of all persons to obtain and hold employment without discrimination based on specified characteristics or status.Existing law, whenever there is reasonable cause to believe that a person is engaged in conduct of resistance to the full enjoyment of certain civil rights, authorizes the Attorney General, any district attorney or city attorney, or any person aggrieved by the conduct to bring a civil action in the appropriate court, as specified. Existing law also provides civil remedies for the denial of certain civil rights, including a civil penalty in any action brought by the Attorney General, a district attorney, a city attorney, or the person denied the right.This bill would also include the Civil Rights Department as an agency authorized to bring a civil action for these purposes.Existing law establishes procedures designed to preclude increases in lawsuits brought primarily to chill the valid exercise of constitutional rights of freedom of speech and petition for the redress of grievances. Existing law provides that a cause of action against a person arising from any act of that person in furtherance of the persons right of petition or free speech under the United States Constitution or the California Constitution in connection with a public issue is subject to a special motion to strike, unless the court determines, after consideration of the pleadings and supporting materials, that the plaintiff has established that there is a probability that the plaintiff will prevail on the claim. Existing law exempts from these provisions enforcement actions brought in the name of the people of the State of California by the Attorney General, district attorney, or city attorney, acting as public prosecutor.This bill would also exempt enforcement actions brought by the Civil Rights Department.Existing law establishes the Civil Rights Department within the Business, Consumer Services, and Housing Agency to enforce civil rights laws with respect to housing and employment and to protect and safeguard the right of all persons to obtain and hold employment without discrimination based on specified characteristics or status.
Existing law, whenever there is reasonable cause to believe that a person is engaged in conduct of resistance to the full enjoyment of certain civil rights, authorizes the Attorney General, any district attorney or city attorney, or any person aggrieved by the conduct to bring a civil action in the appropriate court, as specified. Existing law also provides civil remedies for the denial of certain civil rights, including a civil penalty in any action brought by the Attorney General, a district attorney, a city attorney, or the person denied the right.
This bill would also include the Civil Rights Department as an agency authorized to bring a civil action for these purposes.
Existing law establishes procedures designed to preclude increases in lawsuits brought primarily to chill the valid exercise of constitutional rights of freedom of speech and petition for the redress of grievances. Existing law provides that a cause of action against a person arising from any act of that person in furtherance of the persons right of petition or free speech under the United States Constitution or the California Constitution in connection with a public issue is subject to a special motion to strike, unless the court determines, after consideration of the pleadings and supporting materials, that the plaintiff has established that there is a probability that the plaintiff will prevail on the claim. Existing law exempts from these provisions enforcement actions brought in the name of the people of the State of California by the Attorney General, district attorney, or city attorney, acting as public prosecutor.
This bill would also exempt enforcement actions brought by the Civil Rights Department.
(a)For the purposes of this section, all of the following definitions apply:
(1)Cooling center means a facility established to mitigate the public health impacts of extreme heat.
(2)Emergency shelter means a temporary or provisional safe space that provides a basic shelter for people affected by disaster.
(3)Pet means a domesticated animal, such as a dog or cat, that is commonly kept in the home for pleasure rather than for commercial purposes.
(4)Warming center means a facility established to mitigate the public health impacts of extreme cold.
(b)(1)Upon the next update of a city or countys emergency plan:
(A)A county shall update its emergency plan to designate emergency shelters able to accommodate persons with pets.
(B)A city that has previously adopted an emergency plan designating emergency shelters shall update its emergency plan to designate emergency shelters able to accommodate persons with pets.
(C)Whenever a city or county designates any number of emergency shelters, it shall designate at least one emergency shelter that can accommodate persons with pets.
(D)Whenever a city or county designates any number of emergency cooling centers, it shall, to the extent practicable, designate at least one cooling center that can accommodate persons with pets.
(E)Whenever a city or county designates any number of emergency warming centers, it shall, to the extent practicable, designate at least one warming center that can accommodate persons with pets.
(2)An emergency shelter designated as able to accommodate persons with pets shall be in compliance with both of the following:
(A)Safety procedures regarding the sheltering of pets referenced or established in the component of the state and local emergency plan.
(B)Applicable disaster assistance policies and procedures of the Federal Emergency Management Agency.
(c)Whenever a city or county provides public information regarding the availability of a cooling center or warming center, that information shall include whether the cooling or warming center can accommodate pets.
(d)A city or county shall make available to the public by posting on its internet website information for pet emergency preparedness, including, but not limited to:
(1)Information for creating an evacuation plan and emergency checklist for pets consistent with recommendations publicly published by the Department of Food and Agriculture and the Federal Emergency Management Agency.
(2)Local organizations that may provide emergency pet assistance.
(3)Local emergency shelters, cooling centers, or warming centers, when active, that can accommodate persons with pets.
(a)For the purposes of this section, all of the following definitions apply:
(1)Cooling center means a facility established to mitigate the public health impacts of extreme heat.
(2)Emergency shelter means a temporary or provisional safe space that provides a basic shelter for people affected by disaster.
(3)Pet means a domesticated animal, such as a dog or cat, that is commonly kept in the home for pleasure rather than for commercial purposes.
(4)Warming center means a facility established to mitigate the public health impacts of extreme cold.
(b)(1)Upon the next update of a city or countys emergency plan:
(A)A county shall update its emergency plan to designate emergency shelters able to accommodate persons with pets.
(B)A city that has previously adopted an emergency plan designating emergency shelters shall update its emergency plan to designate emergency shelters able to accommodate persons with pets.
(C)Whenever a city or county designates any number of emergency shelters, it shall designate at least one emergency shelter that can accommodate persons with pets.
(D)Whenever a city or county designates any number of emergency cooling centers, it shall, to the extent practicable, designate at least one cooling center that can accommodate persons with pets.
(E)Whenever a city or county designates any number of emergency warming centers, it shall, to the extent practicable, designate at least one warming center that can accommodate persons with pets.
(2)An emergency shelter designated as able to accommodate persons with pets shall be in compliance with both of the following:
(A)Safety procedures regarding the sheltering of pets referenced or established in the component of the state and local emergency plan.
(B)Applicable disaster assistance policies and procedures of the Federal Emergency Management Agency.
(c)Whenever a city or county provides public information regarding the availability of a cooling center or warming center, that information shall include whether the cooling or warming center can accommodate pets.
(d)A city or county shall make available to the public by posting on its internet website information for pet emergency preparedness, including, but not limited to:
(1)Information for creating an evacuation plan and emergency checklist for pets consistent with recommendations publicly published by the Department of Food and Agriculture and the Federal Emergency Management Agency.
(2)Local organizations that may provide emergency pet assistance.
(3)Local emergency shelters, cooling centers, or warming centers, when active, that can accommodate persons with pets.
(a)For the purposes of this section, all of the following definitions apply:
(1)Cooling center means a facility established to mitigate the public health impacts of extreme heat.
(2)Emergency shelter means a temporary or provisional safe space that provides a basic shelter for people affected by disaster.
(3)Pet means a domesticated animal, such as a dog or cat, that is commonly kept in the home for pleasure rather than for commercial purposes.
(4)Warming center means a facility established to mitigate the public health impacts of extreme cold.
(b)(1)Upon the next update of a city or countys emergency plan:
(A)A county shall update its emergency plan to designate emergency shelters able to accommodate persons with pets.
(B)A city that has previously adopted an emergency plan designating emergency shelters shall update its emergency plan to designate emergency shelters able to accommodate persons with pets.
(C)Whenever a city or county designates any number of emergency shelters, it shall designate at least one emergency shelter that can accommodate persons with pets.
(D)Whenever a city or county designates any number of emergency cooling centers, it shall, to the extent practicable, designate at least one cooling center that can accommodate persons with pets.
(E)Whenever a city or county designates any number of emergency warming centers, it shall, to the extent practicable, designate at least one heating warming center that can accommodate persons with pets.
(2)An emergency shelter designated as able to accommodate persons with pets shall be in compliance with both of the following:
(A)Safety procedures regarding the sheltering of pets referenced or established in the component of the state and local emergency plan.
(B)Applicable disaster assistance policies and procedures of the Federal Emergency Management Agency.
(c)Whenever a city or county provides public information regarding the availability of a cooling center or warming center, that information shall include whether the cooling or warming center can accommodate pets.
(d)A city or county shall make available to the public by posting on its internet website information for pet emergency preparedness, including, but not limited to:
(1)Information for creating an evacuation plan and emergency checklist for pets consistent with recommendations publicly published by the Department of Food and Agriculture and the Federal Emergency Management Agency.
(2)Local organizations that may provide emergency pet assistance.
(3)Local emergency shelters, cooling centers, or warming centers, when active, that can accommodate persons with pets.
SECTION 1.Section 52 of the Civil Code is amended to read:52.(a)Whoever denies, aids or incites a denial, or makes any discrimination or distinction contrary to Section 51, 51.5, or 51.6, is liable for each and every offense for the actual damages, and any amount that may be determined by a jury, or a court sitting without a jury, up to a maximum of three times the amount of actual damage but in no case less than four thousand dollars ($4,000), and any attorneys fees that may be determined by the court in addition thereto, suffered by any person denied the rights provided in Section 51, 51.5, or 51.6.(b)Whoever denies the right provided by Section 51.7 or 51.9, or aids, incites, or conspires in that denial, is liable for each and every offense for the actual damages suffered by any person denied that right and, in addition, the following:(1)An amount to be determined by a jury, or a court sitting without a jury, for exemplary damages.(2)A civil penalty of twenty-five thousand dollars ($25,000) to be awarded to the person denied the right provided by Section 51.7 in any action brought by the person denied the right, or by the Attorney General, the Civil Rights Department, a district attorney, or a city attorney. An action for that penalty brought pursuant to Section 51.7 shall be commenced within three years of the alleged practice.(3)Attorneys fees as may be determined by the court.(c)Whenever there is reasonable cause to believe that any person or group of persons is engaged in conduct of resistance to the full enjoyment of any of the rights described in this section, and that conduct is of that nature and is intended to deny the full exercise of those rights, the Attorney General, the Civil Rights Department, any district attorney or city attorney, or any person aggrieved by the conduct may bring a civil action in the appropriate court by filing with it a complaint. The complaint shall contain the following:(1)The signature of the officer, or, in the officers absence, the individual acting on behalf of the officer, or the signature of the person aggrieved.(2)The facts pertaining to the conduct.(3)A request for preventive relief, including an application for a permanent or temporary injunction, restraining order, or other order against the person or persons responsible for the conduct, as the complainant deems necessary to ensure the full enjoyment of the rights described in this section.(d)Whenever an action has been commenced in any court seeking relief from the denial of equal protection of the laws under the Fourteenth Amendment to the Constitution of the United States on account of race, color, religion, sex, national origin, or disability, the Attorney General or any district attorney or city attorney for or in the name of the people of the State of California may intervene in the action upon timely application if the Attorney General or any district attorney or city attorney certifies that the case is of general public importance. In that action, the people of the State of California shall be entitled to the same relief as if it had instituted the action.(e)Actions brought pursuant to this section are independent of any other actions, remedies, or procedures that may be available to an aggrieved party pursuant to any other law.(f)Any person claiming to be aggrieved by an alleged unlawful practice in violation of Section 51 or 51.7 may also file a verified complaint with the Civil Rights Department pursuant to Section 12948 of the Government Code.(g)This section does not require any construction, alteration, repair, structural or otherwise, or modification of any sort whatsoever, beyond that construction, alteration, repair, or modification that is otherwise required by other provisions of law, to any new or existing establishment, facility, building, improvement, or any other structure, nor does this section augment, restrict, or alter in any way the authority of the State Architect to require construction, alteration, repair, or modifications that the State Architect otherwise possesses pursuant to other laws.(h)For the purposes of this section, actual damages means special and general damages. This subdivision is declaratory of existing law.(i)Subdivisions (b) to (f), inclusive, shall not be waived by contract except as provided in Section 51.7.SEC. 2.Section 425.16 of the Code of Civil Procedure is amended to read:425.16.(a)The Legislature finds and declares that there has been a disturbing increase in lawsuits brought primarily to chill the valid exercise of the constitutional rights of freedom of speech and petition for the redress of grievances. The Legislature finds and declares that it is in the public interest to encourage continued participation in matters of public significance, and that this participation should not be chilled through abuse of the judicial process. To this end, this section shall be construed broadly.(b)(1)A cause of action against a person arising from any act of that person in furtherance of the persons right of petition or free speech under the United States Constitution or the California Constitution in connection with a public issue shall be subject to a special motion to strike, unless the court determines that the plaintiff has established that there is a probability that the plaintiff will prevail on the claim.(2)In making its determination, the court shall consider the pleadings, and supporting and opposing affidavits stating the facts upon which the liability or defense is based.(3)If the court determines that the plaintiff has established a probability that the plaintiff will prevail on the claim, neither that determination nor the fact of that determination shall be admissible in evidence at any later stage of the case, or in any subsequent action, and no burden of proof or degree of proof otherwise applicable shall be affected by that determination in any later stage of the case or in any subsequent proceeding.(c)(1)Except as provided in paragraph (2), in any action subject to subdivision (b), a prevailing defendant on a special motion to strike shall be entitled to recover that defendants attorneys fees and costs. If the court finds that a special motion to strike is frivolous or is solely intended to cause unnecessary delay, the court shall award costs and reasonable attorneys fees to a plaintiff prevailing on the motion, pursuant to Section 128.5.(2)A defendant who prevails on a special motion to strike in an action subject to paragraph (1) shall not be entitled to attorneys fees and costs if that cause of action is brought pursuant to Section 11130, 11130.3, 54960, or 54960.1 of the Government Code, or pursuant to Chapter 2 (commencing with Section 7923.100) of Part 4 of Division 10 of Title 1 of the Government Code. Nothing in this paragraph shall be construed to prevent a prevailing defendant from recovering attorneys fees and costs pursuant to Section 7923.115, 11130.5, or 54960.5 of the Government Code.(d)This section shall not apply to any enforcement action brought in the name of the people of the State of California by the Attorney General, district attorney, or city attorney, acting as a public prosecutor, or to any enforcement action brought by the Civil Rights Department.(e)As used in this section, act in furtherance of a persons right of petition or free speech under the United States or California Constitution in connection with a public issue includes: (1) any written or oral statement or writing made before a legislative, executive, or judicial proceeding, or any other official proceeding authorized by law, (2) any written or oral statement or writing made in connection with an issue under consideration or review by a legislative, executive, or judicial body, or any other official proceeding authorized by law, (3) any written or oral statement or writing made in a place open to the public or a public forum in connection with an issue of public interest, or (4) any other conduct in furtherance of the exercise of the constitutional right of petition or the constitutional right of free speech in connection with a public issue or an issue of public interest.(f)The special motion may be filed within 60 days of the service of the complaint or, in the courts discretion, at any later time upon terms it deems proper. The motion shall be scheduled by the clerk of the court for a hearing not more than 30 days after the service of the motion unless the docket conditions of the court require a later hearing.(g)All discovery proceedings in the action shall be stayed upon the filing of a notice of motion made pursuant to this section. The stay of discovery shall remain in effect until notice of entry of the order ruling on the motion. The court, on noticed motion and for good cause shown, may order that specified discovery be conducted notwithstanding this subdivision.(h)For purposes of this section, complaint includes cross-complaint and petition, plaintiff includes cross-complainant and petitioner, and defendant includes cross-defendant and respondent.(i)An order granting or denying a special motion to strike shall be appealable under Section 904.1.(j)(1)Any party who files a special motion to strike pursuant to this section, and any party who files an opposition to a special motion to strike, shall, promptly upon so filing, transmit to the Judicial Council, by email or facsimile, a copy of the endorsed, filed caption page of the motion or opposition, a copy of any related notice of appeal or petition for a writ, and a conformed copy of any order issued pursuant to this section, including any order granting or denying a special motion to strike, discovery, or fees.(2)The Judicial Council shall maintain a public record of information transmitted pursuant to this subdivision for at least three years, and may store the information on microfilm or other appropriate electronic media.(a)Whoever denies, aids or incites a denial, or makes any discrimination or distinction contrary to Section 51, 51.5, or 51.6, is liable for each and every offense for the actual damages, and any amount that may be determined by a jury, or a court sitting without a jury, up to a maximum of three times the amount of actual damage but in no case less than four thousand dollars ($4,000), and any attorneys fees that may be determined by the court in addition thereto, suffered by any person denied the rights provided in Section 51, 51.5, or 51.6.
(b)Whoever denies the right provided by Section 51.7 or 51.9, or aids, incites, or conspires in that denial, is liable for each and every offense for the actual damages suffered by any person denied that right and, in addition, the following:
(1)An amount to be determined by a jury, or a court sitting without a jury, for exemplary damages.
(2)A civil penalty of twenty-five thousand dollars ($25,000) to be awarded to the person denied the right provided by Section 51.7 in any action brought by the person denied the right, or by the Attorney General, the Civil Rights Department, a district attorney, or a city attorney. An action for that penalty brought pursuant to Section 51.7 shall be commenced within three years of the alleged practice.
(3)Attorneys fees as may be determined by the court.
(c)Whenever there is reasonable cause to believe that any person or group of persons is engaged in conduct of resistance to the full enjoyment of any of the rights described in this section, and that conduct is of that nature and is intended to deny the full exercise of those rights, the Attorney General, the Civil Rights Department, any district attorney or city attorney, or any person aggrieved by the conduct may bring a civil action in the appropriate court by filing with it a complaint. The complaint shall contain the following:
(1)The signature of the officer, or, in the officers absence, the individual acting on behalf of the officer, or the signature of the person aggrieved.
(2)The facts pertaining to the conduct.
(3)A request for preventive relief, including an application for a permanent or temporary injunction, restraining order, or other order against the person or persons responsible for the conduct, as the complainant deems necessary to ensure the full enjoyment of the rights described in this section.
(d)Whenever an action has been commenced in any court seeking relief from the denial of equal protection of the laws under the Fourteenth Amendment to the Constitution of the United States on account of race, color, religion, sex, national origin, or disability, the Attorney General or any district attorney or city attorney for or in the name of the people of the State of California may intervene in the action upon timely application if the Attorney General or any district attorney or city attorney certifies that the case is of general public importance. In that action, the people of the State of California shall be entitled to the same relief as if it had instituted the action.
(e)Actions brought pursuant to this section are independent of any other actions, remedies, or procedures that may be available to an aggrieved party pursuant to any other law.
(f)Any person claiming to be aggrieved by an alleged unlawful practice in violation of Section 51 or 51.7 may also file a verified complaint with the Civil Rights Department pursuant to Section 12948 of the Government Code.
(g)This section does not require any construction, alteration, repair, structural or otherwise, or modification of any sort whatsoever, beyond that construction, alteration, repair, or modification that is otherwise required by other provisions of law, to any new or existing establishment, facility, building, improvement, or any other structure, nor does this section augment, restrict, or alter in any way the authority of the State Architect to require construction, alteration, repair, or modifications that the State Architect otherwise possesses pursuant to other laws.
(h)For the purposes of this section, actual damages means special and general damages. This subdivision is declaratory of existing law.
(i)Subdivisions (b) to (f), inclusive, shall not be waived by contract except as provided in Section 51.7.
SEC. 2.Section 425.16 of the Code of Civil Procedure is amended to read:425.16.(a)The Legislature finds and declares that there has been a disturbing increase in lawsuits brought primarily to chill the valid exercise of the constitutional rights of freedom of speech and petition for the redress of grievances. The Legislature finds and declares that it is in the public interest to encourage continued participation in matters of public significance, and that this participation should not be chilled through abuse of the judicial process. To this end, this section shall be construed broadly.
(b)(1)A cause of action against a person arising from any act of that person in furtherance of the persons right of petition or free speech under the United States Constitution or the California Constitution in connection with a public issue shall be subject to a special motion to strike, unless the court determines that the plaintiff has established that there is a probability that the plaintiff will prevail on the claim.
(2)In making its determination, the court shall consider the pleadings, and supporting and opposing affidavits stating the facts upon which the liability or defense is based.
(3)If the court determines that the plaintiff has established a probability that the plaintiff will prevail on the claim, neither that determination nor the fact of that determination shall be admissible in evidence at any later stage of the case, or in any subsequent action, and no burden of proof or degree of proof otherwise applicable shall be affected by that determination in any later stage of the case or in any subsequent proceeding.
(c)(1)Except as provided in paragraph (2), in any action subject to subdivision (b), a prevailing defendant on a special motion to strike shall be entitled to recover that defendants attorneys fees and costs. If the court finds that a special motion to strike is frivolous or is solely intended to cause unnecessary delay, the court shall award costs and reasonable attorneys fees to a plaintiff prevailing on the motion, pursuant to Section 128.5.
(2)A defendant who prevails on a special motion to strike in an action subject to paragraph (1) shall not be entitled to attorneys fees and costs if that cause of action is brought pursuant to Section 11130, 11130.3, 54960, or 54960.1 of the Government Code, or pursuant to Chapter 2 (commencing with Section 7923.100) of Part 4 of Division 10 of Title 1 of the Government Code. Nothing in this paragraph shall be construed to prevent a prevailing defendant from recovering attorneys fees and costs pursuant to Section 7923.115, 11130.5, or 54960.5 of the Government Code.
(d)This section shall not apply to any enforcement action brought in the name of the people of the State of California by the Attorney General, district attorney, or city attorney, acting as a public prosecutor. prosecutor, or to any enforcement action brought by the Civil Rights Department.
(e)As used in this section, act in furtherance of a persons right of petition or free speech under the United States or California Constitution in connection with a public issue includes: (1) any written or oral statement or writing made before a legislative, executive, or judicial proceeding, or any other official proceeding authorized by law, (2) any written or oral statement or writing made in connection with an issue under consideration or review by a legislative, executive, or judicial body, or any other official proceeding authorized by law, (3) any written or oral statement or writing made in a place open to the public or a public forum in connection with an issue of public interest, or (4) any other conduct in furtherance of the exercise of the constitutional right of petition or the constitutional right of free speech in connection with a public issue or an issue of public interest.
(f)The special motion may be filed within 60 days of the service of the complaint or, in the courts discretion, at any later time upon terms it deems proper. The motion shall be scheduled by the clerk of the court for a hearing not more than 30 days after the service of the motion unless the docket conditions of the court require a later hearing.
(g)All discovery proceedings in the action shall be stayed upon the filing of a notice of motion made pursuant to this section. The stay of discovery shall remain in effect until notice of entry of the order ruling on the motion. The court, on noticed motion and for good cause shown, may order that specified discovery be conducted notwithstanding this subdivision.
(h)For purposes of this section, complaint includes cross-complaint and petition, plaintiff includes cross-complainant and petitioner, and defendant includes cross-defendant and respondent.
(i)An order granting or denying a special motion to strike shall be appealable under Section 904.1.
(j)(1)Any party who files a special motion to strike pursuant to this section, and any party who files an opposition to a special motion to strike, shall, promptly upon so filing, transmit to the Judicial Council, by email or facsimile, a copy of the endorsed, filed caption page of the motion or opposition, a copy of any related notice of appeal or petition for a writ, and a conformed copy of any order issued pursuant to this section, including any order granting or denying a special motion to strike, discovery, or fees.
(2)The Judicial Council shall maintain a public record of information transmitted pursuant to this subdivision for at least three years, and may store the information on microfilm or other appropriate electronic media.
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Date
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Status
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|---|---|
| Jun 14, 2024 | Chaptered by Secretary of State - Chapter 14, Statutes of 2024. |
| Jun 14, 2024 | Approved by the Governor. |
| Jun 11, 2024 | Enrolled and presented to the Governor at 11:30 a.m. |
| Jun 3, 2024 | In Assembly. Ordered to Engrossing and Enrolling. |
| Jun 3, 2024 | Read third time. Passed. Ordered to the Assembly. (Ayes 36. Noes 0. Page 4290.). |
| May 29, 2024 | Read second time. Ordered to Consent Calendar. |
| May 28, 2024 | From committee: Do pass. To Consent Calendar. (Ayes 12. Noes 0.) (May 28). |
| May 8, 2024 | Referred to Com. on G.O. |
| Apr 29, 2024 | In Senate. Read first time. To Com. on RLS. for assignment. |
| Apr 29, 2024 | Read third time. Passed. Ordered to the Senate. (Ayes 74. Noes 0. Page 5034.) |
| Apr 24, 2024 | Read second time. Ordered to Consent Calendar. |
| Apr 23, 2024 | From committee: Do pass. To Consent Calendar. (Ayes 8. Noes 0.) (April 22). |
| Apr 4, 2024 | Re-referred to Com. on E.M. pursuant to Assembly Rule 96. |
| Apr 2, 2024 | Re-referred to Com. on JUD. |
| Apr 1, 2024 | From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended. |
| Feb 26, 2024 | Referred to Com. on JUD. |
| Feb 9, 2024 | From printer. May be heard in committee March 10. |
| Feb 8, 2024 | Read first time. To print. |
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Date
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Description
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Location
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Votes
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|---|---|---|---|---|
| Jun 3, 2024 | Consent Calendar 2nd AB2232 Maienschein | Senate Floor |
Passed |
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| May 28, 2024 | Do pass and be ordered to the Consent Calendar | Senate Standing Committee on Governmental Organization |
Passed |
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| Apr 29, 2024 | AB 2232 Maienschein Consent Calendar Second Day | Assembly Floor |
Passed |
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| Apr 22, 2024 | Do pass. To Consent Calendar. | Assembly Standing Committee on Emergency Management |
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.
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB 2232 |
CONSENT
Bill No: AB 2232
Author: Maienschein (D)
Amended: 4/1/24 in Assembly
Vote: 21
SENATE GOVERNMENTAL ORG. COMMITTEE: 12-0, 5/28/24
AYES: Dodd, Wilk, Alvarado-Gil, Archuleta, Glazer, Jones, Nguyen, Padilla, Portantino, Roth, Seyarto, Smallwood-Cuevas
NO VOTE RECORDED: Ashby, Bradford, Ochoa Bogh, Rubio
ASSEMBLY FLOOR: 74-0, 4/29/24 (Consent) - See last page for vote
SUBJECT: Accessibility to emergency information and services: emergency shelters: persons with pets
SOURCE: Author
DIGEST:
This bill specifies that, upon the next update to a city or county’s emergency plan, that whenever a city or county designates any number of emergency warming centers, that it also, to the extent practicable, designate at least one warming center that can accommodate persons with pets.
ANALYSIS:
Existing law:
- Provides that, the California Emergency Services Act (ESA), political subdivisions have full power during a local emergency to provide mutual aid to any affected area in accordance with local ordinances, resolutions, emergency plans, or agreements.
- Requires, upon the next update to a city or county’s emergency plan, whenever a city or county designates any number of emergency warming centers, that it also, to the extent practicable, designate at least one heating center that can accommodate persons with pets.
- Requires that a county send a copy of its emergency plan to the Office of Emergency Services (OES) upon an update to the plan.
- Defines “emergency plans” to mean official and approved documents that describe the principles and methods to be applied in carrying out emergency operations or rendering mutual aid during emergencies.
- Defines “warming center” to mean a facility established to mitigate the public health impacts of extreme cold.
- Defines “pet” to mean a domesticated animal, such as a dog or cat, that is commonly kept in the home for pleasure rather than for commercial purposes.
This bill specifies that, upon the next update to a city or county’s emergency plan, that whenever a city or county designates any number of emergency warming centers, that it also, to the extent practicable, designate at least one warming center that can accommodate persons with pets.
Background
- Author Statement. According to the author’s office, “emergency situations can strike at any moment, leaving sorrow and destruction in their wake. We as a state and legislature must do all we can to ensure we have the best emergency response plans possible to confront the inevitable.”
- Pets Evacuation and Transportation Standards Act. The Pets Evacuation and Transportation Standards Act (PETS) was a bi-partisan initiative in the United States House of Representatives requiring states seeking Federal Emergency Management Agency (FEMA) assistance to accommodate pets and service animals in their plans for evacuating residents facing disasters. The bill was introduced in the aftermath of Hurricane Katrina when the abandonment of many thousands of pets and other animals brought the matter of animal welfare during emergencies to national attention. In the aftermath of Hurricane Katrina, the Bush administration conducted a review of public relief efforts and where the infrastructure in place at the time failed.
Pet ownership in the United States has jumped significantly over the past three decades. According to World Population Review, in California just over 57% of all households own at least one pet, which is just slightly lower than the national average of 59%. Specifically, 40% of California households include a dog, with households owning an average of 1.6 dogs each, and nearly 23% of households include a cat. In total, California’s cat owning households have an average of 1.7 cats. According to Forbes, 97% of pet owners consider their pets to be a part of their family.
- California Animal Response Emergency System. In 2006, Governor Arnold Schwarzenegger signed AB 450 (Yee, Chapter 604, Statutes of 2006) which mandated that the California Animal Response Emergency System (CARES) be incorporated into the state emergency plan (SEP), and that the California Department of Food and Agriculture (CDFA) and OES enter into a Memorandum of Understanding (MOU) that would require them to incorporate CARES into their emergency planning. CARES is intended to help manage the evacuation, sheltering, and care of animals during disasters. CARES works with local agencies, nonprofit groups, and individual volunteers to accomplish this mission.
The 2021-2022 California Budget, and associated trailer bill, allocated $3 million per year to the University of California, Davis, School of Veterinary Medicine in order to develop the California Veterinary Emergency Team program. This program must support a network of government agencies, nongovernmental organizations, and individuals to assist in the evacuation and care of animals and livestock in all stages of a disaster or emergency. When there is not an active emergency, the program will conduct ongoing research, recruit, train and prepare volunteers, and train veterinarians and veterinary students on best practices in shelter and emergency medicine.
CDFA’s CARES internet website includes helpful information and links to provide operational guidance to assist with all aspects of animal care in the event of a disaster or emergency with the assistance of agencies and volunteer organizations. The CARES Unit resides within the Emergency Preparedness and response Section of the Animal Health Branch in the Animal Health and Food Safety Services Division of CDFA. The CARES Unit provides assistance to the California Emergency Support Function 11 Food and Agriculture. To meet animal disaster related responsibilities, CDFA leverages the CARES Unit to coordinate State agency response in support of local government and with the assistance of volunteer organizations.
- Warming Centers. The ESA requires cities and counties, upon updating their emergency plans, to include specific accommodations for pets with regard to “cooling centers,” “emergency shelters,” and “warming centers.” Each serves a specific function in mitigating the public health impacts associated with extreme temperatures – either hot or cold. Specifically, existing law defines “warming centers” as a facility established to mitigate the public health impacts of extreme cold and requires that a city or county provide at least one such center equipped to handle people with pets whenever multiple facilities are designated to deal with an extreme weather event.
In addition to facility-specific requirements, the ESA mandates that public information about the availability of these pet-accommodating centers be readily accessible to the public. This includes posting information on the internet and providing resources for pet emergency preparedness. The latter encompasses creating an evacuation plan and emergency checklist for pets, guided by recommendations from CDFA and FEMA.
Existing law, however, states that whenever a city or county designates “any number of emergency warming centers, it shall, to the extent practicable, designate at least one heating center that can accommodate persons with pets.” This bill replaces “heating center” with “warming center,” bringing consistency to the ESA.
Related/Prior Legislation
AB 1983 (Maienschein, 2024) recreates the previously repealed Prevention of Animal Homelessness and Cruelty Voluntary Tax Contribution Fund program on the personal income tax return, as specified. (Pending in the Senate Revenue and Taxation Committee)
AB 781 (Maienschein, Chapter 344, Statutes of 2023) required, upon the next update to a city or county’s emergency plan, or whenever a city or county designates any number of emergency shelters, that emergency plan be updated to designate emergency shelters able to accommodate persons with pets, as specified. Additionally, the bill requires a city or county, to the extent practicable, designate at least one cooling or heating center that can accommodate persons with pets, as specified.
AB 1141 (M. Dahle, 2023) would rename the “Livestock Pass” program to the “Agricultural Pass” or “Ag Pass” program and make the Agricultural Pass program applicable to qualified agricultural producers, as defined. (Pending in the Senate Agriculture Committee)
AB 1215 (W. Carrillo, 2023) would have required the Department of Housing and Community Development to establish a grant program to provide funding to homeless shelters and domestic shelters and domestic violence shelters to provide shelter, food, and basic veterinary services for pets owned by individuals experiencing homelessness or escaping domestic violence, as specified. (Vetoed by Governor Newsom)
AB 1648 (Maienschein, Chapter 547, Statutes of 2022) required any city or county to require, as a condition for obtaining a kennel license or permit, that the kennel owner create and submit to the city or county an animal natural disaster evacuation plan, as specified.
FISCAL EFFECT: Appropriation: No Fiscal Com.: No Local: No
SUPPORT: (Verified 5/28/24)
None received
OPPOSITION: (Verified 5/28/24)
None received
ASSEMBLY FLOOR: 74-0, 4/29/24
AYES: Addis, Aguiar-Curry, Alanis, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Cervantes, Chen, Connolly, Davies, Dixon, Essayli, Flora, Mike Fong, Vince Fong, Friedman, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Reyes, Luz Rivas, Rodriguez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Robert Rivas
NO VOTE RECORDED: Alvarez, Megan Dahle, Mathis, Rendon, Blanca Rubio, Sanchez
Prepared by: Brian Duke / G.O. / (916) 651-1530
5/31/24 10:05:37
**** END ****
SENATE COMMITTEE ON GOVERNMENTAL ORGANIZATION
Senator Bill Dodd
Chair
2023 - 2024 Regular
Bill No: AB Hearing Date: 5/28/2024
Author: | Maienschein | ||
Version: | Amended | ||
Urgency: | Fiscal: | ||
Consultant: | |||
SUBJECT:
DIGEST: This bill specifies that, upon the next update to a city or county’s emergency plan, that whenever a city or county designates any number of emergency warming centers, that it also, to the extent practicable, designate at least one warming center that can accommodate persons with pets.
ANALYSIS:
Existing law:
- The California Emergency Services Act (ESA) provides that political subdivisions have full power during a local emergency to provide mutual aid to any affected area in accordance with local ordinances, resolutions, emergency plans, or agreements.
- Requires, upon the next update to a city or county’s emergency plan, whenever a city or county designates any number of emergency warming centers, that it also, to the extent practicable, designate at least one heating center that can accommodate persons with pets.
- Requires that a county send a copy of its emergency plan to the Office of Emergency Services (OES) upon an update to the plan.
- Defines “emergency plans” to mean official and approved documents that describe the principles and methods to be applied in carrying out emergency operations or rendering mutual aid during emergencies.
- Defines “warming center” to mean a facility established to mitigate the public health impacts of extreme cold.
- Defines “pet” to mean a domesticated animal, such as a dog or cat, that is commonly kept in the home for pleasure rather than for commercial purposes.
This bill specifies that, upon the next update to a city or county’s emergency plan, that whenever a city or county designates any number of emergency warming centers, that it also, to the extent practicable, designate at least one warming center that can accommodate persons with pets.
Background
Author Statement. According to the author’s office, “emergency situations can strike at any moment, leaving sorrow and destruction in their wake. We as a state and legislature must do all we can to ensure we have the best emergency response plans possible to confront the inevitable.”
Pets Evacuation and Transportation Standards Act. The Pets Evacuation and Transportation Standards Act (PETS) was a bi-partisan initiative in the United States House of Representatives requiring states seeking Federal Emergency Management Agency (FEMA) assistance to accommodate pets and service animals in their plans for evacuating residents facing disasters. The bill was introduced in the aftermath of Hurricane Katrina when the abandonment of many thousands of pets and other animals brought the matter of animal welfare during emergencies to national attention. In the aftermath of Hurricane Katrina, the Bush administration conducted a review of public relief efforts and where the infrastructure in place at the time failed.
Pet ownership in the United States has jumped significantly over the past three decades. According to World Population Review, in California just over 57% of all households own at least one pet, which is just slightly lower than the national average of 59%. Specifically, 40% of California households include a dog, with households owning an average of 1.6 dogs each, and nearly 23% of households include a cat. In total, California’s cat owning households have an average of 1.7 cats. According to Forbes, 97% of pet owners consider their pets to be a part of their family.
California Animal Response Emergency System. In 2006, Governor Arnold Schwarzenegger signed AB 450 (Yee, Chapter 604, Statutes of 2006) which mandated that the California Animal Response Emergency System (CARES) be incorporated into the state emergency plan (SEP), and that the California Department of Food and Agriculture (CDFA) and OES enter into a Memorandum of Understanding (MOU) that would require them to incorporate CARES into their emergency planning. CARES is intended to help manage the evacuation, sheltering, and care of animals during disasters. CARES works with local agencies, nonprofit groups, and individual volunteers to accomplish this mission.
The 2021-2022 California Budget, and associated trailer bill, allocated $3 million per year to the University of California, Davis, School of Veterinary Medicine in order to develop the California Veterinary Emergency Team program. This program must support a network of government agencies, nongovernmental organizations, and individuals to assist in the evacuation and care of animals and livestock in all stages of a disaster or emergency. When there is not an active emergency, the program will conduct ongoing research, recruit, train and prepare volunteers, and train veterinarians and veterinary students on best practices in shelter and emergency medicine.
CDFA’s CARES internet website includes helpful information and links to provide operational guidance to assist with all aspects of animal care in the event of a disaster or emergency with the assistance of agencies and volunteer organizations. The CARES Unit resides within the Emergency Preparedness and response Section of the Animal Health Branch in the Animal Health and Food Safety Services Division of CDFA. The CARES Unit provides assistance to the California Emergency Support Function 11 Food and Agriculture. To meet animal disaster related responsibilities, CDFA leverages the CARES Unit to coordinate State agency response in support of local government and with the assistance of volunteer organizations.
Warming Centers. The ESA requires cities and counties, upon updating their emergency plans, to include specific accommodations for pets with regard to “cooling centers,” “emergency shelters,” and “warming centers.” Each serves a specific function in mitigating the public health impacts associated with extreme temperatures – either hot or cold. Specifically, existing law defines “warming centers” as a facility established to mitigate the public health impacts of extreme cold and requires that a city or county provide at least one such center equipped to handle people with pets whenever multiple facilities are designated to deal with an extreme weather event.
In addition to facility-specific requirements, the ESA mandates that public information about the availability of these pet-accommodating centers be readily accessible to the public. This includes posting information on the internet and providing resources for pet emergency preparedness. The latter encompasses creating an evacuation plan and emergency checklist for pets, guided by recommendations from CDFA and FEMA.
Existing law, however, states that whenever a city or county designates “any number of emergency warming centers, it shall, to the extent practicable, designate at least one heating center that can accommodate persons with pets.” This bill replaces “heating center” with “warming center,” bringing consistency to the ESA.
Prior/Related Legislation
AB 1983 (Maienschein, 2024) recreates the previously repealed Prevention of Animal Homelessness and Cruelty Voluntary Tax Contribution Fund program on the personal income tax return, as specified. (Pending in the Senate Revenue and Taxation Committee)
AB 781 (Maienschein, Chapter 344, Statutes of 2023) requires, upon the next update to a city or county’s emergency plan, or whenever a city or county designates any number of emergency shelters, that emergency plan be updated to designate emergency shelters able to accommodate persons with pets, as specified. Additionally, this bill requires a city or county, to the extent practicable, designate at least one cooling or heating center that can accommodate persons with pets, as specified.
AB 1141 (M. Dahle, 2023) would rename the “Livestock Pass” program to the “Agricultural Pass” or “Ag Pass” program and make the Agricultural Pass program applicable to qualified agricultural producers, as defined. (Pending in the Senate Agriculture Committee)
AB 1215 (W. Carrillo, 2023) would have required the Department of Housing and Community Development to establish a grant program to provide funding to homeless shelters and domestic shelters and domestic violence shelters to provide shelter, food, and basic veterinary services for pets owned by individuals experiencing homelessness or escaping domestic violence, as specified. (Vetoed by Governor Newsom)
AB 1648 (Maienschein, Chapter 547, Statutes of 2022) requires any city or county to require, as a condition for obtaining a kennel license or permit, that the kennel owner create and submit to the city or county an animal natural disaster evacuation plan, as specified.
FISCAL EFFECT: Appropriation: No Fiscal Com.: No Local: No
SUPPORT:
None received
OPPOSITION:
None received
Date of Hearing: April 22, 2024
ASSEMBLY COMMITTEE ON EMERGENCY MANAGEMENT
Freddie Rodriguez, Chair
ABPCA Bill Id:AB 2232 (
Author:Maienschein) – As Amended Ver:April 1, 2024
SUBJECT: Accessibility to emergency information and services: emergency shelters: persons with pets
SUMMARY: This bill adds greater clarification to existing law that requires, upon the next update to a city or county’s emergency plan, to designate a warming center open to pets when any number of centers are opened, to the extent practicable. Specifically, this bill:
- Replaces the term “heating center,” with “warming center” to provide consistency with a previously defined term in current law.
EXISTING LAW:
- Establishes the Office of Emergency Services (Cal OES) in the Office of the Governor and provides that OES is responsible for the state’s emergency and disaster response services for natural, technological, or manmade disasters and emergencies. (Government Code § 8550)
- Requires Cal OES to be responsible for the state’s emergency and disaster response services for natural, technological, or man-made 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. (Government Code § 8550)
- Require all counties plans, and cities with previously adopted emergency plans that designate emergency shelters, to, upon their next update to their emergency plan, designate emergency shelters able to accommodate persons with household pets and requires, to the extent practicable, to designate a cooling center or warming center open to pets when any number of centers are opened. (Government Code § 8593.10)
- Requires Cal OES, in coordination with all interested state agencies with designated response roles in the state emergency plan and interested local emergency management agencies, to jointly establish by regulation a standardized emergency management system for use by all emergency response agencies. (Government Code § 8607)
- Requires Cal OES to approve and adopt, and incorporate the California Animal Response Emergency System (CARES) program developed under the oversight of the Department of Food and Agriculture into the standardized emergency management system. (Government Code § 8608)
- Requires a city or county permitted kennel to create and submit an animal natural disaster evacuation plan, as specified (Government Code § 8608.1)
COMMENTS:
According to the author: “As extreme weather events become increasingly more prevalent in the state it is crucial that local and county emergency plans meet the demands of their constituencies, up to and including allocating particular warming centers for individuals with animals. Existing legislation has formalized these provisions, however this bill would correct a typographical error in the language, clarifying any confusion and ensuring the proper implementation of the bill.”
Equity Impact: According to the author’s staff, “Existing law that this legislation is in regards to particularly impacts, following a local emergency, individuals with pets who find themselves without shelter. All Californians should have the ability to secure suitable shelter after a disaster regardless of their companion.”
Warming Centers: Warming Centers are activated to provide community members with a safe and warm environment to stay when the weather is cold. These can be activated during an emergency or whenever a local jurisdiction determines a need based on lower temperatures.
Existing law defines “warming center” to mean a facility established to mitigate the public health impacts of extreme cold. Government Code § 8593.10 has a singular reference to “heating center,” which is not defined in statute. This bill changes “heating” to “warming” to conform to defined statute and proper terminology.
Background: Animals play an integral role in society. In many homes, pets are considered members of the family. Additionally, working animals provide valuable services to the community, and production livestock contribute millions to the economy.
According to a study from the American Journal of Epidemiology, the risk of evacuation failure in all households was significantly higher in households with an increasing number of dogs or cats. Individuals who do not heed evacuation orders risk injury or death while placing first responders at greater risk. Additionally, when individuals leave pets behind, they are more likely to return before an evacuation order is lifted or develop traumatic responses to abandoning their pets. In September, 2021, the ASPCA released a survey which found that “while more than 90 percent of pet owners plan to bring their pet with them during an evacuation, only 16% have emergency pet-friendly housing secured, and only 46% have a preparedness plan in place.” Furthermore, roughly 80% of people who prematurely reenter an evacuation site are attempting to rescue their pets. Proponents of this bill argue that adequately planning for animal evacuation and co sheltering will mitigate threats to evacuees, animals, and first responders.
California is home to nearly 19 million domestic animals. Polls conducted in 2012 estimate that California is home to 6.7 million dogs and 7.1 million cats. Approximately one out of every three households in California owns a dog or a cat. The California Department of Food and Agriculture reported in 2012 that there are over 5.5 million cattle, 570,000 sheep, 141,000 goats, 670,000 horses, just over 100,000 hogs, and millions of chickens in the Golden State.
California Animal Response Emergency System: In 2006, Governor Arnold Schwarzenegger signed AB 450 (Yee), which mandated that the California Animal Response Emergency System (CARES) be incorporated into the State Emergency Plan, and that CDFA and Cal OES enter into a Memorandum of Understanding that would require them to incorporate CARES into all levels of the Standardized Emergency Management System (SEMS.) The California Emergency Services Act, Section 8608, includes direction on implementation and authorities of the CARES program.
A Memorandum of Understanding (MOU) is required by the government code. The original MOU between Cal OES and CDFA was completed in 2007. A new MOU including UC Davis’ California Veterinary Emergency Team is under development. In the interim, each party informally outlined their role and are working together. CDFA and Cal OES are also working together to support interagency and volunteer stakeholder engagement for numerous issues that arise relating to animals during disasters.
CARES provides operational guidance to assist with all aspects of animal care and control in the all four phases of a disaster. In the mitigation and preparedness phases, the CARES Unit will assist local government with planning and preparing for animals in disasters. In the response and recovery phases, the CARES system, as one of the core functions of the California Emergency Support Function (ESF) 11, will primarily assist and support the CA-ESF 11 Coordinator in carrying out the responsibilities of the position in response operations. CDFA leads CA-ESF 11 and is supported by other State agencies and stakeholders with similar discipline-specific responsibilities. CA-ESF 11 is responsible for the management and oversight based on its authorities, resources, and capabilities as outlined in the State Emergency Plan (SEP). In addition, CARES provides resources for the public, for animal businesses, for shelters, and for emergency planners. CARES is structured in accordance with the SEMS and the Incident Command System (ICS).
Pets Evacuation and Transportation Standards (PETS) Act: In 2006, Congress passed the PETS Act. This act:
- Requires the FEMA Director to ensure that state and local emergency plans address the needs of persons with household pets and service animals before, during, and after an emergency.
- Authorizes the FEMA Director to:
- Study and develop plans accounting for the needs of persons with pets and service animals; and
- Contribute project and program funds to state and local governments for animal emergency preparedness purposes, such as the procurement, construction, leasing, or renovating of emergency shelter facilities to accommodate people, pets, and service animals.
- Authorizes federal agencies, during an emergency, to provide rescue, care, shelter, and essential needs to persons with household pets and service animals.
California Veterinary Emergency Team: The 2021-2022 California Budget, and associated trailer bill, allocated $3 million per year to the University of California, Davis, School of Veterinary Medicine in order to develop the California Veterinary Emergency Team program. This program must support a network of government agencies, nongovernmental organizations, and individuals to assist in the evacuation and care of animals and livestock in all stages of a disaster or emergency. When there is not an active emergency, the program will conduct ongoing research, recruit, train and prepare volunteers, and train veterinarians and veterinary students on best practices in shelter and emergency medicine.
Prior and Related Legislation:
AB 781 (Maienschein) Chapter 344, Statutes of 2023. Requires all counties plans, and cities with previously adopted emergency plans that designate emergency shelters, to update their emergency plan and designate emergency shelters able to accommodate persons with pets.
AB 1648 (Maienschein) Chapter 547, Statutes of 2022. Requires a city or county permitted kennel to create and submit an animal natural disaster evacuation plan.
SB 547 (Glazer, 2020) would have required the University of California, Davis (UCD) School of Veterinary Medicine to develop a program to assist in coordinating and training a network of government agencies, nongovernmental organizations, and individuals to care for household and domestic animals and livestock during emergencies. It was held in Assembly Agriculture and incorporated into the budget by AB 132 (Committee on Budget), Chapter 144, Statutes of 2021.
AB 2568 (Maienschein, 2020) was substantively similar to AB 1648 (Maienschein) Chapter 547, Statutes of 2022. and died in the Assembly Governmental Organization Committee. This bill would have required a city or county that requires a kennel license or permit to operate a kennel within its jurisdiction, to require, as a condition for obtaining the kennel license or permit, that the kennel owner create and submit to the city or county an animal natural disaster evacuation plan for any kennel covered by the license or permit.
AB 486 (Limón, 2019) was substantively similar to AB 1648 and held in the Assembly Appropriations Committee. This bill would have required a city or county that requires a kennel license or permit to operate a kennel within its jurisdiction, to require, as a condition for obtaining the kennel license or permit, that the kennel owner create and submit to the city or county an animal natural disaster evacuation plan for any kennel covered by the license or permit.
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 Cal OES, in consultation with specified stakeholders, to develop voluntary guidelines for alerting and warning the public of an emergency, and requires Cal OES to develop an alert and warning training, as specified.
AB 289 (Gray), Chapter 289, Statutes of 2017. Required Cal 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.
AB 450 (Yee), Chapter 604, Statutes of 2006. Required OES to approve, adopt, and incorporate the CARES program into the SEMS.
FISCAL EFFECT: None.
REGISTERED SUPPORT / OPPOSITION:
Support
None on file.
Opposition
None on file.
Analysis Prepared by: Ryan Fleming / E.M. / (916) 319-3802
Discussed in Hearing
Assembly Standing Committee on Emergency Management
Assembly Standing Committee on Emergency Management
Assembly Standing Committee on Emergency Management
Bill Author
Bill Co-Author(s):