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.

Upon the next update to a city or countys emergency plan, this bill would require a county to update its emergency plan to designate emergency shelters able to accommodate persons with pets, and would require a city that has previously adopted an emergency plan designating emergency shelters to update its emergency plan to designate emergency shelters able to accommodate persons with pets. This bill would require, upon the next update to a city or countys emergency plan, whenever a city or county designates any number of emergency shelters that it also designate at least one emergency shelter that can accommodate persons with pets. This bill would also require, upon the next update to a city or countys emergency plan, whenever a city or county designates any number of cooling centers or warming centers, that it also, to the extent practicable, designate at least one cooling center or warming center, as applicable, that can accommodate persons with pets. The bill would require an emergency shelter designated as able to accommodate persons with pets to be in compliance with safety procedures regarding the sheltering of pets referenced or established in the component of the state and local emergency plan and applicable disaster assistance policies and procedures of the Federal Emergency Management Agency.

This bill would also require a city or county to include whether the cooling or warming center can accommodate pets whenever a city or county provides public information regarding the availability of a cooling center or warming center. This bill would require a city or county to make available to the public by posting on its internet website information for pet emergency preparedness, including, but not limited to, among other things, 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.

This bill would also make various findings and declarations in this regard. By requiring cities and counties to update their emergency plans, 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.

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.

Upon the next update to a city or countys emergency plan, this bill would require a county to update its emergency plan to designate emergency shelters able to accommodate persons with pets, and would require a city that has previously adopted an emergency plan designating emergency shelters to update its emergency plan to designate emergency shelters able to accommodate persons with pets. This bill would require, upon the next update to a city or countys emergency plan, whenever a city or county designates any number of emergency shelters that it also designate at least one emergency shelter that can accommodate persons with pets. This bill would also require, upon the next update to a city or countys emergency plan, whenever a city or county designates any number of cooling centers or warming centers, that it also, to the extent practicable, designate at least one cooling center or warming center, as applicable, that can accommodate persons with pets. The bill would require an emergency shelter designated as able to accommodate persons with pets to be in compliance with safety procedures regarding the sheltering of pets referenced or established in the component of the state and local emergency plan and applicable disaster assistance policies and procedures of the Federal Emergency Management Agency.

This bill would also require a city or county to include whether the cooling or warming center can accommodate pets whenever a city or county provides public information regarding the availability of a cooling center or warming center. This bill would require a city or county to make available to the public by posting on its internet website information for pet emergency preparedness, including, but not limited to, among other things, 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.

This bill would also make various findings and declarations in this regard. By requiring cities and counties to update their emergency plans, 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.

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.

Upon the next update to a city or countys emergency plan, this bill would require a county to update its emergency plan to designate emergency shelters able to accommodate persons with pets, and would require a city that has previously adopted an emergency plan designating emergency shelters to update its emergency plan to designate emergency shelters able to accommodate persons with pets. This bill would require, upon the next update to a city or countys emergency plan, whenever a city or county designates any number of emergency shelters, cooling centers, or warming centers, shelters that it also designate at least one emergency shelter, cooling center, or warming center, as applicable, shelter that can accommodate persons with pets. This bill would also require, upon the next update to a city or countys emergency plan, whenever a city or county designates any number of cooling centers or warming centers, that it also, to the extent practicable, designate at least one cooling center or warming center, as applicable, that can accommodate persons with pets. The bill would require an emergency shelter designated as able to accommodate persons with pets to be in compliance with safety procedures regarding the sheltering of pets referenced or established in the component of the state and local emergency plan and applicable disaster assistance policies and procedures of the Federal Emergency Management Agency.

This bill would also require a city or county to include whether the cooling or warming center can accommodate pets whenever a city or county provides public information regarding the availability of a cooling center or warming center. This bill would require a city or county to make available to the public by posting on its internet website information for pet emergency preparedness, including, but not limited to, among other things, information for creating an evacuation plan and emergency checklist for pets consistent with recommendations publicly published by the Office of Emergency Services Department of Food and Agriculture and the Federal Emergency Management Agency.

This bill would also make various findings and declarations in this regard. By requiring cities and counties to update their emergency plans, 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.

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.

Upon the next update to a city or countys emergency plan, this bill would require a county, on or before July 1, 2024, county to update its emergency plan to designate emergency shelters able to accommodate persons with pets. The bill would require pets, and would require a city that has previously adopted an emergency plan designating emergency shelters to update its emergency plan to designate emergency shelters able to accommodate persons with pets on or before July 1, 2024. pets. This bill would require, upon the next update to a city or countys emergency plan, whenever a city or county designates any number of emergency shelters, cooling centers, or warming centers, that it also designate at least one emergency shelter, cooling center, or warming center, as applicable, that can accommodate persons with pets. The bill would require an emergency shelter designated as able to accommodate persons with pets to be in compliance with safety procedures regarding the sheltering of pets established in the component of the state and local emergency plan and applicable disaster assistance policies and procedures of the Federal Emergency Management Agency. This bill would require that whenever a city or county designates an emergency shelter, cooling center, or warming center that it also designate an emergency shelter, cooling center, or warming center, as applicable, that can accommodate persons with pets.

This bill would also require a city or county to include whether the cooling or warming center can accommodate pets whenever a city or county provides public information regarding the availability of a cooling center or warming center. This bill would require a city or county to make available to the public by posting on its internet website information for pet emergency preparedness, including, but not limited to, among other things, information for creating an evacuation plan and emergency checklist for pets consistent with recommendations publicly published by the Office of Emergency Services and the Federal Emergency Management Agency.

This bill would also make various findings and declarations in this regard. By requiring cities and counties to update their emergency plans, 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.

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.

This bill would require a county, on or before July 1, 2024, to update its emergency plan to designate emergency shelters able to accommodate persons with pets. The bill would require a city that has previously adopted an emergency plan designating emergency shelters to update its emergency plan to designate emergency shelters able to accommodate persons with pets on or before July 1, 2024. The bill would require an emergency shelter designated as able to accommodate persons with pets to be in compliance with safety procedures regarding the sheltering of pets established in the component of the state and local emergency plan and applicable disaster assistance policies and procedures of the Federal Emergency Management Agency. This bill would require that whenever a city or county designates an emergency shelter, cooling center, or warming center that it also designate an emergency shelter, cooling center, or warming center, as applicable, that can accommodate persons with pets.

This bill would also require a city or county to include whether the cooling or warming center can accommodate pets whenever a city or county provides public information regarding the availability of a cooling center or warming center. This bill would require a city or county to make available to the public by posting on its internet website information for pet emergency preparedness, including, but not limited to, among other things, information for creating an evacuation plan and emergency checklist for pets consistent with recommendations publicly published by the Office of Emergency Services and the Federal Emergency Management Agency.

This bill would also make various findings and declarations in this regard. By requiring cities and counties to update their emergency plans, 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.

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 781

Author:(Maienschein)

As Amended Ver:June 20, 2023

Majority vote

SUMMARY

This bill would require 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 household pets. This bill additionally requires cities and counties, to the extent practicable, to designate a cooling center or warming center open to pets when any number of centers are opened.

Senate Amendments

1. Clarifies cities and counties are only required to designate at least one cooling center and/or warming center that is open to household pets when feasible to do so.
2. Amends the requirement that pet emergency preparedness information made available to the public includes relevant information, as specified, from the Office of Emergency Services, to instead include relevant information, as specified, from the Department of Food and Agriculture.
3. Other clarifying and non-substantive amendments.

COMMENTS

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. 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.

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 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. CARES is an 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.

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 as well as 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; and 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.

According to the Author

According to the author, "The rate of natural disasters and extreme weather is rapidly increasing across California, causing significant risk to public health and community safety. Sharing in this risk, are residents' pets, the impact that they have on Californians decision-making during an emergency, and the level of preparedness required to ensure safe and effective emergency evacuations. Assembly Bill 781 would require a county to update its emergency plan to designate emergency shelters are able to accommodate persons with pets. Not only would this help organize emergency response, streamline messaging to increase public emergency planning and safety, but also conserve valuable personal and financial resources for use across multiple emergencies"

Arguments in Support

The ASPCA writes in support, "Preparing for the inclusion of dedicated co-shelters in every emergency operations plan, as in AB 781, would increase disaster preparedness among pet owners, increase public safety, reduce evacuation noncompliance, allow for pet owners to handle the care of their animals during the emergency, soothe mental health issues and stressors that may arise in both humans and animals, and ensure a smooth intake and processing process for evacuees with companion animals."

Arguments in Opposition

None on file.

FISCAL COMMENTS

According to the Senate Committee on Appropriations, "Unknown, potentially significant state reimbursable mandated costs for cities and counties to update their emergency plans, designate at least one emergency shelter able to accommodate persons with pets, and post specified information online (General Fund). There may also be significant costs for counties that do not already have an existing shelter able to safely accommodate persons with pets to provide an emergency shelter that complies with the mandates of this bill."

VOTES:

ASM EMERGENCY MANAGEMENT: 7-0-0

YES: Rodriguez, Waldron, Aguiar-Curry, Alvarez, Calderon, Megan Dahle, Schiavo

ASM APPROPRIATIONS: 11-0-5

YES: Holden, Bryan, Calderon, Wendy Carrillo, Mike Fong, Hart, Lowenthal, Papan, Pellerin, Weber, Ortega

ABS, ABST OR NV: Megan Dahle, Dixon, Mathis, Robert Rivas, Sanchez

ASSEMBLY FLOOR: 80-0-0

YES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Cervantes, Chen, Connolly, Megan Dahle, 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, Mathis, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Rendon

UPDATED

VERSION: June 20, 2023

CONSULTANT: Ryan Fleming / E.M. / (916) 319-3802 FN: 0001671

 THIRD READING  

Bill No: AB 781

Author: Maienschein (D)

Amended: 6/20/23 in Senate

Vote: 21

SENATE GOVERNMENTAL ORG. COMMITTEE: 15-0, 6/27/23

AYES: Dodd, Wilk, Alvarado-Gil, Archuleta, Ashby, Bradford, Glazer, Jones, Nguyen, Ochoa Bogh, Padilla, Portantino, Roth, Rubio, Seyarto

SENATE APPROPRIATIONS COMMITTEE: 7-0, 9/1/23

AYES: Portantino, Jones, Ashby, Bradford, Seyarto, Wahab, Wiener

ASSEMBLY FLOOR: 80-0, 5/30/23 - See last page for vote

SUBJECT: Accessibility to emergency information and services: emergency shelters: persons with pets

SOURCE: ASPCA

DIGEST:

This bill 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 warming center that can accommodate persons with pets, as specified.

ANALYSIS:

Existing law:

1. Provides, pursuant to the California Emergency Services Act (ESA), 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.
2. Defines “emergency plan” 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.
3. Requires the Office of Emergency Services (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 (CDFA) into the standardized emergency management system, as specified.
4. Provides that a city or county that requires a kennel license or permit to operate a kennel within its jurisdiction must require, as a condition for obtaining the license or permit, that the kennel owner create and submit to the city or county an animal natural disaster evacuation plan, as specified.

This bill:

1. Requires, upon the next update of a city or county’s emergency plan, all of the following:
   1. A county shall update its emergency plan to designate emergency shelters able to accommodate persons with pets.
   2. 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.
   3. Whenever a city or county designates any number of emergency shelters, the city or county shall designate at least one emergency shelter that can accommodate persons with pets.
2. Requires, upon the next update of a city or county’s emergency plan, whenever a city or county designates any number of emergency cooling centers or emergency warming centers, the city or county shall, to the extent practicable, designate at least one center that can accommodate persons with pets.
3. Provides that any emergency shelter designated as able to accommodate persons with pets shall be in compliance with both of the following:
   1. Safety procedures regarding the sheltering of pets referenced or established in the component of the state and local emergency plan.
   2. Applicable disaster assistance policies and procedures of the Federal Emergency Management Agency (FEMA).
4. Requires a city or county, whenever providing public information regarding the availability of a cooling center or warming center, to include whether the center can accommodate pets.
5. Requires a city or county to 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 CDFA and FEMA.
   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.
6. Defines “cooling center” to mean a facility established to mitigate the public health impacts of extreme heat.
7. Defines “emergency shelter” to mean a temporary or provisional safe space that provides a basic shelter for people affected by disaster.
8. 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.
9. Defines “warming center” to mean a facility established to mitigate the public health impacts of extreme cold.
10. Includes legislative findings and declarations related to the severe risks that natural disasters and extreme weather events pose to public health, safety, and pets in California.

Background

Author Statement. According to the author’s office, “the rate of natural disasters and extreme weather is rapidly increasing across California, causing significant risk to public health and community safety. Sharing in this risk, are residents’ pets, the impact that they have on Californians decision-making during an emergency, and the level of preparedness required to ensure safe and effective emergency evacuations.”

Further, the author’s office notes that, “Assembly bill 781 would require a county to update its emergency plan so designated emergency shelters are able to accommodate persons with pets. Not only would this help organize emergency response, streamline messaging to increase public emergency planning and safety, but also conserve valuable personal and financial resources for use across multiple emergencies.”

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 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.

California Animal Response Emergency System. In 2006, Governor Arnold Schwarzenegger signed AB 450 (Yee, Chapter 604, Statutes of 2006) which mandated that CARES be incorporated into the state emergency plan (SEP), and that 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.

Last year, this author introduced, and the Governor signed, AB 1648 (Maienschein, Chapter 547, Statutes of 2022) required any city or county, as a condition of obtaining a kennel license or permit, that the kennel owner create and submit to the city or county an animal natural disaster evacuation plan.

This bill furthers that cause by requiring a city or county, upon the next update of its emergency plan, to designate emergency shelters able to accommodate persons with pets. This bill requires, whenever a city or county designates any number of emergency shelters, to designate at least one emergency shelter that can accommodate persons with pets. Whenever a city or county designates any number of emergency warming or cooling centers, this bill requires, to the extent practicable, that city or county to designate at least one cooling or heating center that can accommodate persons with pets.

Additionally, this bill requires a city or county to make available on its internet website information for pet emergency preparedness, including information for creating an evacuation plan and emergency checklist for pets consistent with recommendations publicly published by CDFA and FEMA.

Related/Prior Legislation

AB 1141 (M. Dahle, 2023) expands the scope of the current livestock pass program during declared emergencies to include “qualifying agricultural producers” for the purpose of granting access to a pass holder’s farm or ranch during or following a natural disaster, as specified. (Pending in the Senate Agriculture Committee)

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.

AB 450 (Yee, Chapter 604, Statutes of 2005) required OES to approve and adopt, and incorporate the ACRES program into the standardized emergency management system, as specified.

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

According to the Senate Appropriations Committee, unknown, potentially significant state reimbursable mandated costs for cities and counties to update their emergency plans, designate at least one emergency shelter able to accommodate persons with pets, and post specified information online (General Fund). There may also be significant costs for counties that do not already have an existing shelter able to safely accommodate persons with pets to provide an emergency shelter that complies with the mandates of this bill.

SUPPORT: (Verified 9/1/23)

ASPCA (source)

American Kennel Club

Animal Legal Defense Fund

California Animal Welfare Association

California Association of Recreation & Park Districts

County of Santa Clara

Genasys Corporation

Humane Society of The United States

RedRover

San Diego Humane Society and SPCA

San Francisco SPCA

Sierra Business Council

Social Compassion in Legislation

The Arc and United Cerebral Palsy California Collaboration

OPPOSITION: (Verified 9/1/23)

None received

ARGUMENTS IN SUPPORT: In support of the bill, the ASPCA writes that they “recently completed a survey of 1,000 Californians, including 250 Spanish language speakers, which found that of the 16% of Californians who plan to utilize a public evacuation center during an emergency, 76% plan to bring their pets with them. Of respondents who reported that they chose not to evacuate in a previous disaster, one in four stayed behind because they did not have access to pet-friendly accommodations.”

Further, the ASPCA states that OES “outlines the following assumption in their disaster planning documents: ‘Historical disaster experience has demonstrated that the human/animal bond is strong; many people will not heed emergency management orders to evacuate and seek shelter if they cannot bring their animals with them.’ Many California counties have a dedicated webpage, or section of a webpage, dedicated to companion animal emergency preparedness. However, very few of those webpages have information regarding the availability of emergency shelter options in the event of a disaster or extreme weather event. The message to the public then is often ‘Make sure you have researched pet-friendly hotels in the area and identified any friends and family who could take your animals.’ This is obviously prohibitive for many families who cannot afford sudden hotel expenses or do not have local network.”

And the ASPCA notes that preparing “for the inclusion of dedicated co-shelters in every emergency operations plan, as in AB 781, would increase disaster preparedness among pet owners, increase public safety, reduce evacuation noncompliance, allow for pet owners to handle the care of their animals during the emergency, soothe mental health issues and stressors that may arise in both humans and animals, and ensure a smooth intake and processing process for evacuees with companion animals.”

ASSEMBLY FLOOR: 80-0, 5/30/23

AYES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Cervantes, Chen, Connolly, Megan Dahle, 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, Mathis, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Rendon

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

9/2/23 9:51:51

**** END ****

SENATE COMMITTEE ON APPROPRIATIONS

Senator Anthony Portantino, Chair

2023 - 2024 Regular Session

AB 781 (Maienschein) - Accessibility to emergency information and services: emergency shelters: persons with pets

Bill Summary:

AB 781 requires cities and counties to update their emergency plans to designate at least one emergency shelter that can accommodate persons with pets, as specified.

Fiscal Impact:

Unknown, potentially significant state reimbursable mandated costs for cities and counties to update their emergency plans, designate at least one emergency shelter able to accommodate persons with pets, and post specified information online (General Fund). There may also be significant costs for counties that do not already have an existing shelter able to safely accommodate persons with pets to provide an emergency shelter that complies with the mandates of this bill.

Background:

In many homes, pets are considered to be members of the family. In the event of a disaster, people are intensely concerned about their animals. A study published in the American Journal of Epidemiology found the risk of evacuation failure during a disaster is significantly higher amongst households with an increasing number of dogs and cats. Individuals who do not heed evacuation orders risk personal injury and death, while placing first responders at greater risk. Individuals who leave pets behind are also more likely to return home before an evacuation order is lifted and experience abandonment-related trauma.

There have been several federal and state efforts to address the matter of animal welfare during emergencies:

• The Pets Evacuation and Transportation Standards (PETS) Act 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 PETS Act authorizes FEMA to provide rescue, care, shelter, and essential needs for individuals with household pets and service animals, and to the household pets and animals themselves following a major disaster or emergency.
• The California Animal Response Emergency System (CARES) is an operational guidance to assist with all aspects of animal care and control in the event of a disaster or emergency. AB 450 (Yee, Chapter 604, Statutes of 2006) mandated that CARES be incorporated into the state emergency plan, and that the California Department of Food and Agriculture and Office of Emergency Services enter into a memorandum of understanding that would require them to incorporate CARES into their emergency planning.
• AB 1648 (Maienschein, Chapter 547, Statutes of 2022) requires any city or county, as a condition of obtaining a kennel license or permit, that the kennel owner create and submit to the city or county an animal natural disaster evacuation plan.

Additionally, the American Red Cross issued new doctrine on July 21, 2022 supporting the acceptance of household pets of shelter residents at a Red Cross managed shelter. A letter to facility managers for Red Cross locations notes that it will work with local and state organizations to identify a lead agency that specializes in animal welfare and who could secure and manage the necessary trained workforce to support pet services at each shelter and may co-locate household pets to support pet services at each shelter. When co-locating pet sheltering is not possible due to space limitations, the Red Cross further notes it will partner with the liaison community to determine a reasonable solution.

Proposed Law:

• Requires, upon the next update of a city or county’s emergency plan:
  • A county update its emergency plan to designate emergency shelters able to accommodate persons with pets.
  • A city that has previous adopted an emergency plan designating emergency shelters, to update that plan to be able to accommodate persons with pets.
  • A city or county to designate at least one emergency shelter, emergency cooling center, and emergency warming center that can accommodate persons with pets whenever designating any number of emergency shelters, emergency cooling centers, and emergency warming centers.
• Requires an emergency shelter designated as able to accommodate persons with pets to be in compliance with both of the following:
  • Safety procedures regarding the sheltering of pets referenced or established in the component of the state and local emergency plan.
  • Applicable disaster assistance policies and procedures of FEMA.
• Requires information provided to the public regarding the availability of a cooling or warming center to include whether that center can accommodate pets.
• Requires a city or county to make information for pet emergency preparedness available on its internet website, including but not limited to the following:
  • Information for creating an evacuation plan and emergency checklist for pets consistent with recommendations publicly published by the Department of Food and Agriculture and FEMA.
  • Local organizations that may provide emergency pet assistance.
  • Local emergency shelters, cooling centers, or warming centers, when active, that can accommodate persons with pets.
• Defines “pet” as a domesticated animal, such as a dog or cat, that is commonly kept in the home for pleasure rather than for commercial purposes.
• States legislative findings and declarations.

-- END --

SENATE COMMITTEE ON GOVERNMENTAL ORGANIZATION

Senator Bill Dodd

Chair

2023 - 2024 Regular

Bill No: 781 Hearing Date: 6/27/2023

SUBJECT: Accessibility to emergency information and services: emergency shelters: persons with pets

DIGEST: This bill 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 warming center that can accommodate persons with pets, as specified.

ANALYSIS:

Existing law:

1. 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.
2. Defines “emergency plan” 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.
3. Requires the Office of Emergency Services (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 (CDFA) into the standardized emergency management system, as specified.
4. Provides that a city or county that requires a kennel license or permit to operate a kennel within its jurisdiction must require, as a condition for obtaining the license or permit, that the kennel owner create and submit to the city or county an animal natural disaster evacuation plan, as specified.

This bill:

1. Requires, upon the next update of a city or county’s emergency plan, all of the following:
   1. A county shall update its emergency plan to designate emergency shelters able to accommodate persons with pets.
   2. 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.
   3. Whenever a city or county designates any number of emergency shelters, the city or county shall designate at least one emergency shelter that can accommodate persons with pets.
2. Requires, upon the next update of a city or county’s emergency plan, whenever a city or county designates any number of emergency cooling centers or emergency warming centers, the city or county shall, to the extent practicable, designate at least one center that can accommodate persons with pets.
3. Provides that any emergency shelter designated as able to accommodate persons with pets shall be in compliance with both of the following:
   1. Safety procedures regarding the sheltering of pets referenced or established in the component of the state and local emergency plan.
   2. Applicable disaster assistance policies and procedures of the Federal Emergency Management Agency (FEMA).
4. Requires a city or county, whenever providing public information regarding the availability of a cooling center or warming center, to include whether the center can accommodate pets.
5. Requires a city or county to 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 CDFA and FEMA.
   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.
6. Defines “cooling center” to mean a facility established to mitigate the public health impacts of extreme heat.
7. Defines “emergency shelter” to mean a temporary or provisional safe space that provides a basic shelter for people affected by disaster.
8. 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.
9. Defines “warming center” to mean a facility established to mitigate the public health impacts of extreme cold.
10. Includes legislative findings and declarations related to the severe risks that natural disasters and extreme weather events pose to public health, safety, and pets in California.

Background

Author Statement. According to the author’s office, “the rate of natural disasters and extreme weather is rapidly increasing across California, causing significant risk to public health and community safety. Sharing in this risk, are residents’ pets, the impact that they have on Californians decision-making during an emergency, and the level of preparedness required to ensure safe and effective emergency evacuations.”

Further, the author’s office notes that, “Assembly bill 781 would require a county to update its emergency plan so designated emergency shelters are able to accommodate persons with pets. Not only would this help organize emergency response, streamline messaging to increase public emergency planning and safety, but also conserve valuable personal and financial resources for use across multiple emergencies.”

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 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.

California Animal Response Emergency System. In 2006, Governor Arnold Schwarzenegger signed AB 450 (Yee, Chapter 604, Statutes of 2006) which mandated that CARES be incorporated into the state emergency plan (SEP), and that 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.

Last year, this author introduced, and the Governor signed, AB 1648 (Maienschein, Chapter 547, Statutes of 2022) required any city or county, as a condition of obtaining a kennel license or permit, that the kennel owner create and submit to the city or county an animal natural disaster evacuation plan.

This bill furthers that cause by requiring a city or county, upon the next update of its emergency plan, to designate emergency shelters able to accommodate persons with pets. This bill requires, whenever a city or county designates any number of emergency shelters, to designate at least one emergency shelter that can accommodate persons with pets. Whenever a city or county designates any number of emergency warming or cooling centers, this bill requires, to the extent practicable, that city or county to designate at least one cooling or heating center that can accommodate persons with pets.

Additionally, this bill requires a city or county to make available on its internet website information for pet emergency preparedness, including information for creating an evacuation plan and emergency checklist for pets consistent with recommendations publicly published by CDFA and FEMA.

Prior/Related Legislation

AB 1141 (M. Dahle, 2023) expands the scope of the current livestock pass program during declared emergencies to include “qualifying agricultural producers” for the purpose of granting access to a pass holder’s farm or ranch during or following a natural disaster, as specified. (Pending in the Senate Agriculture Committee)

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.

AB 450 (Yee, Chapter 604, Statutes of 2005) requires OES to approve and adopt, and incorporate the ACRES program into the standardized emergency management system, as specified.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

SUPPORT:

ASPCA (Source)

American Kennel Club

California Animal Welfare Association

County of Santa Clara

Humane Society of the United States

RedRover

San Diego Human Society

San Francisco SPCA

Sierra Business Council

Social Compassion in Legislation

The Arc and United Cerebral Palsy California Collaboration

OPPOSITION:

None received

ARGUMENTS IN SUPPORT: In support of the bill, the ASPCA writes that they “recently completed a survey of 1,000 Californians, including 250 Spanish language speakers, which found that of the 16% of Californians who plan to utilize a public evacuation center during an emergency, 76% plan to bring their pets with them. Of respondents who reported that they chose not to evacuate in a previous disaster, one in four stayed behind because they did not have access to pet-friendly accommodations.”

Further, the ASPCA states that OES “outlines the following assumption in their disaster planning documents: ‘Historical disaster experience has demonstrated that the human/animal bond is strong; many people will not heed emergency management orders to evacuate and seek shelter if they cannot bring their animals with them.’ Many California counties have a dedicated webpage, or section of a webpage, dedicated to companion animal emergency preparedness. However, very few of those webpages have information regarding the availability of emergency shelter options in the event of a disaster or extreme weather event. The message to the public then is often ‘Make sure you have researched pet-friendly hotels in the area and identified any friends and family who could take your animals.’ This is obviously prohibitive for many families who cannot afford sudden hotel expenses or do not have local network.”

And the ASPCA notes that preparing “for the inclusion of dedicated co-shelters in every emergency operations plan, as in AB 781, would increase disaster preparedness among pet owners, increase public safety, reduce evacuation noncompliance, allow for pet owners to handle the care of their animals during the emergency, soothe mental health issues and stressors that may arise in both humans and animals, and ensure a smooth intake and processing process for evacuees with companion animals.”

ASSEMBLY THIRD READING

ATR Bill Id:AB 781

Author:(Maienschein)

As Amended Ver:May 18, 2023

Majority vote

SUMMARY

This bill would require all counties and any city with previously adopted emergency plans that designate emergency shelters, to, upon its next update to its emergency plan, designate emergency shelters able to accommodate persons with pets.

Major Provisions

1. Requires a county, upon its next update its emergency plan, to designate emergency shelters able to accommodate persons with pets.
2. Requires a city that has previously adopted an emergency plan designating emergency shelters to, upon its next update its emergency plan, designate emergency shelters able to accommodate persons with pets.
3. Requires an emergency shelter designated as able to accommodate persons with pets to be in compliance with safety procedures regarding the sheltering of pets established in preexisting local, state, and federal regulations and laws, as specified and upon the next emergency plan update.
4. Requires that whenever a city or county designates an emergency shelter, cooling center, or warming center that it also designates at least one corresponding shelter or center that can accommodate persons with pets, upon the next emergency plan update.
5. Requires a city or county to include whether the cooling or warming center can accommodate pets whenever a city or county provides public information regarding the availability of a cooling center or warming center, upon the next emergency plan update.
6. Requires a city or county to post pet emergency preparedness information on their website, upon the next emergency plan update, including:
   1. Information for creating an evacuation plan and emergency checklist for pets, as specified.
   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.

COMMENTS

Equity: According to the author's staff, "None." The Committee staff notes disasters have a disproportionate impact on vulnerable individuals and communities. Efforts to provide shelter to individuals and animals, who may not have evacuated otherwise, may make these individuals and communities more resilient.

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 is an 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:

1. 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.
2. Authorizes the FEMA Director to:
   1. Study and develop plans accounting for the needs of persons with pets and service animals; and
   2. 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.
3. 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.

According to the Author

The rate of natural disasters and extreme weather is rapidly increasing across California, causing significant risk to public health and community safety. Sharing in this risk, are residents' pets, the impact that they have on Californians decision-making during an emergency, and the level of preparedness required to ensure safe and effective emergency evacuations. Assembly Bill 781 would require a county to update its emergency plan to designate emergency shelters are able to accommodate persons with pets. Not only would this help organize emergency response, streamline messaging to increase public emergency planning and safety, but also conserve valuable personal and financial resources for use across multiple emergencies.

Arguments in Support

The American Society for the Prevention of Cruelty to Animals (ASPCA) writes in support, "Preparing for the inclusion of dedicated co-shelters in every emergency operations plan, as in AB 781, would increase disaster preparedness among pet owners, increase public safety, reduce evacuation noncompliance, allow for pet owners to handle the care of their animals during the emergency, soothe mental health issues and stressors that may arise in both humans and animals, and ensure a smooth intake and processing process for evacuees with companion animals."

Arguments in Opposition

None on file.

FISCAL COMMENTS

According to the Assembly Appropriations Committee, "Likely reimbursable costs (General Fund) of an unknown, but potentially significant, amount in excess of $150,000. By requiring local governments to designate at least one emergency shelter in their jurisdiction to accommodate persons with pets and post specified information online, this bill likely creates a state-mandated local program. If the Commission on State Mandates determines the provisions of this bill create a new program or impose a higher level of service for which the state must reimburse local costs, the local government could claim reimbursement from the state."

They continue "At a minimum, this bill impacts each of the state's 58 counties (the number of cities with a previously adopted emergency plan is unknown), which would incur costs for staff workload to post information online and plan how to best accommodate pets in emergency shelters. If a county does not have an existing shelter able to safely accommodate persons with pets, the county would also incur significant costs to build or retrofit an acceptable structure. Although this bill does not require a county to plan to shelter every pet within an impacted local jurisdiction, data released by the American Veterinary Medical Association in 2018 indicates 40.1% of California households own a pet."

VOTES

ASM EMERGENCY MANAGEMENT: 7-0-0

YES: Rodriguez, Waldron, Aguiar-Curry, Alvarez, Calderon, Megan Dahle, Schiavo

ASM APPROPRIATIONS: 11-0-5

YES: Holden, Bryan, Calderon, Wendy Carrillo, Mike Fong, Hart, Lowenthal, Papan, Pellerin, Weber, Ortega

ABS, ABST OR NV: Megan Dahle, Dixon, Mathis, Robert Rivas, Sanchez

UPDATED

VERSION: May 18, 2023

CONSULTANT: Ryan Fleming / E.M. / (916) 319-3802 FN: 0000670

Date of Hearing: April 19, 2023

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Chris Holden, Chair

ABPCA Bill Id:AB 781

Author:(Maienschein) – As Introduced Ver:February 13, 2023

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

SUMMARY:

This bill requires local governments to designate emergency shelters able to accommodate persons with pets.

Specifically, this bill:

1. Requires, by July 1, 2024, a county to update its emergency plan to designate emergency shelters able to accommodate persons with pets. A city that has previously adopted an emergency plan designating emergency shelters must also update the plan to accommodate persons with pets.
2. Requires an emergency shelter designated as able to accommodate persons with pets to be in compliance with specified safety procedures regarding the sheltering of pets.
3. Requires, when a city or county designates an emergency shelter, cooling shelter, or warming shelter, the city or county to also designate an equivalent shelter that can accommodate persons with pets.
4. Requires a city or county to specify whether a cooling or warming center can accommodate pets whenever the local government publicizes availability of the center.
5. Requires a city or county to post specified pet emergency preparedness information online.

FISCAL EFFECT:

Likely reimbursable costs (General Fund) of an unknown, but potentially significant, amount in excess of $150,000. By requiring local governments to update their emergency plans, designate at least one emergency shelter in their jurisdiction to accommodate persons with pets, and post specified information online, this bill likely creates a state-mandated local program. If the Commission on State Mandates determines the provisions of this bill create a new program or impose a higher level of service for which the state must reimburse local costs, the local government could claim reimbursement from the state.

At a minimum, this bill impacts each of the state’s 58 counties (the number of cities with a previously adopted emergency plan is unknown), which would incur costs for staff workload to post information online and plan how to best accommodate pets in emergency shelters. If a county does not have an existing shelter able to safely accommodate persons with pets, the county would also incur significant costs to build or retrofit an acceptable structure. Although this bill does not require a county to plan to shelter every pet within an impacted local jurisdiction, data released by the American Veterinary Medical Association in 2018 indicates 40.1% of California households own a pet.

COMMENTS:

1. Purpose. According to the author, the increasing rate of natural disasters and extreme weather across California causes risk to public health and community safety, but also residents’ pets. The author believes updating local emergency plans to designate emergency shelters able to accommodate persons with pets will “help organize emergency response, streamline messaging to increase public emergency planning and safety, but also conserve valuable personal and financial resources for use across multiple emergencies.” This bill is supported by the American Society for the Prevention of Cruelty to Animals (ASPCA), as well as other humane societies and the Arc and United Cerebral Palsy California Collaboration.
2. Local Emergency Plans. Existing law grants local governments full power during a local emergency to provide mutual aid to affected areas in accordance with local ordinances and the jurisdiction’s emergency plan. AB 580 (Rodriguez), Chapter 744, Statutes of 2021, required the Office of Emergency Services (OES) to develop best practices for a county developing and updating its emergency plan, with each county required to submit its local emergency plan and any subsequent updates to OES for review. Although OES regional staff works with local governments to develop their emergency plans, the ultimate responsibility for creating and maintaining an emergency plan rests with the local jurisdiction. Existing law does not require a city to develop an emergency plan.
3. California Animal Response Emergency System (CARES). Existing law requires OES to adopt and incorporate CARES, developed under the oversight of the Department of Food and Agriculture, into the Standardized Emergency Management System. CARES provides operational guidance to assist with animal care and control during all four phases (mitigation, preparedness, response and recovery) of a disaster. CARES also provides resources, such as pet preparedness tips, shelter information, and model alerts designed to help organize resources and operations around animal safety.
4. Impact of Pets on Disaster Response. A study published in the American Journal of Epidemiology found the risk of evacuation failure during a disaster is significantly higher amongst households with an increasing number of dogs and cats. Individuals who do not heed evacuation orders risk personal injury and death, while placing first responders at greater risk. Individuals who leave pets behind are also more likely to return home before an evacuation order is lifted and experience abandonment-related trauma. A September 2021 ASPCA survey found that “while more than 90% 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.” This bill requires, by July 1, 2024, a county (or city that previously adopted a plan) to update its emergency plan to designate emergency shelters able to accommodate persons with pets.
5. Implementation Considerations. In addition to setting a timeline for local governments to update their emergency plans, this bill requires designation of a facility than can accommodate pets whenever a city or county designates an emergency shelter, cooling center, or heating center. Thus, this bill could require pet-friendly facilities prior to the intended July 1, 2024, implementation date if a city or county establishes a shelter or center in response to an emergency or extreme weather event prior to that date. This bill also does not specify whether pet-friendly cooling and heating centers must be designated within a local jurisdiction’s emergency plan. Such provisions and other language inconsistencies should be conformed to provide clearer implementation guidance to local governments.
6. Prior Legislation. AB 1648 (Maienschein), Chapter 547, Statutes of 2022, required a kennel to create and submit an animal natural disaster evacuation plan to the city or county as a condition for obtaining a kennel license or permit to operate in the jurisdiction.

AB 132 (Committee on Budget), Chapter 144, Statutes of 2021, required the University of California, Davis, School of Veterinary Medicine, to develop the California Veterinary Emergency Team program, which supports and trains a network of government agencies, nongovernmental organizations and individuals to assist in the evacuation and care of domestic animals and livestock during all four phases of a statewide emergency.

Analysis Prepared by: Irene Ho / APPR. / (916) 319-2081

Date of Hearing: March 27, 2023

ASSEMBLY COMMITTEE ON EMERGENCY MANAGEMENT

Freddie Rodriguez, Chair

ABPCA Bill Id:AB 781 (

Author:Maienschein) – As Introduced Ver:February 13, 2023

SUBJECT: Accessibility to emergency information and services: emergency shelters: persons with pets

SUMMARY: This bill would require 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. Specifically, this bill:

1. Requires a county, by July 1, 2024, to update its emergency plan to designate emergency shelters able to accommodate persons with pets.
2. Requires a city that has previously adopted an emergency plan designating emergency shelters to update its emergency plan to designate emergency shelters able to accommodate persons with pets by July 1, 2024.
3. Requires an emergency shelter designated as able to accommodate persons with pets to be in compliance with safety procedures regarding the sheltering of pets established in preexisting local, state, and federal regulations and laws, as specified.
4. Requires that whenever a city or county designates an emergency shelter, cooling center, or warming center that it also designates a corresponding shelter or center that can accommodate persons with pets.
5. Requires a city or county to include whether the cooling or warming center can accommodate pets whenever a city or county provides public information regarding the availability of a cooling center or warming center.
6. Requires a city or county to post pet emergency preparedness information on their website, including:
   1. Information for creating an evacuation plan and emergency checklist for pets, as specified.
   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.

EXISTING LAW:

1. 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)
2. 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)
3. Provides Cal OES, in coordination with all interested state agencies with designated response roles in the state emergency plan and interested local emergency management agencies, is required to jointly establish by regulation a standardized emergency management system for use by all emergency response agencies. (Government Code 8607)
4. 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)
5. Requires a city or county permitted kennel to create and submit an animal natural disaster evacuation plan, as specified (Government Code 8608.1)

FISCAL EFFECT: Unknown. A fiscal committee has not heard this bill.

COMMENTS:

Purpose of this bill: According to the author, “The rate of natural disasters and extreme weather is rapidly increasing across California, causing significant risk to public health and community safety. Sharing in this risk, are residents’ pets, the impact that they have on Californians decision-making during an emergency, and the level of preparedness required to ensure safe and effective emergency evacuations. Assembly Bill 781 would require a county to update its emergency plan to designate emergency shelters are able to accommodate persons with pets. Not only would this help organize emergency response, streamline messaging to increase public emergency planning and safety, but also conserve valuable personal and financial resources for use across multiple emergencies”

Equity: According to the author’s staff, “None.”

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 is an 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:

1. 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.
2. Authorizes the FEMA Director to:
   1. Study and develop plans accounting for the needs of persons with pets and service animals; and
   2. 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.
3. 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.

Arguments in support: The ASPCA writes in support, “Preparing for the inclusion of dedicated co-shelters in every emergency operations plan, as in AB 781, would increase disaster preparedness among pet owners, increase public safety, reduce evacuation noncompliance, allow for pet owners to handle the care of their animals during the emergency, soothe mental health issues and stressors that may arise in both humans and animals, and ensure a smooth intake and processing process for evacuees with companion animals.”

Prior and Related Legislation:

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 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 OES, in consultation with specified stakeholders, to develop voluntary guidelines for alerting and warning the public of an emergency, and requires OES to develop an alert and warning training, as specified.

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

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

AB 450 (Yee), Chapter 604, Statutes of 2006. Required OES to approve, adopt, and incorporate the CARES program into the SEMS.

REGISTERED SUPPORT / OPPOSITION:

Support

American Kennel Club, INC.

American Society for The Prevention of Cruelty to Animals

California Animal Welfare Association

Humane Society of The United States; the

Redrover

San Diego Humane Society and Spca

San Francisco Spca

Social Compassion in Legislation

The Arc and United Cerebral Palsy California Collaboration

Opposition

None on file.

Analysis Prepared by: Ryan Fleming / E.M. / (916) 319-3802