Existing law, the California Emergency Services Act, authorizes the Governor to declare a state of emergency, and local officials and local governments to declare a local emergency, when specified conditions of disaster or extreme peril to the safety of persons and property exist, and authorizes the Governor or the appropriate local government to exercise certain powers in response to that emergency. Existing law defines the term state of emergency and local emergency to mean a duly proclaimed existence of conditions of disaster or of extreme peril to the safety of persons and property within the state caused by, among other things, fire, storm, riot, or cyberterrorism.

This bill would additionally include a landslide, as defined, landslide among those causes of the conditions constituting a state of emergency or local emergency.

The Plastic Pollution Prevention and Packaging Producer Responsibility Act covers certain single-use packaging and plastic single-use food serviceware, as provided. As part of its comprehensive statutory scheme, the act requires the department to conduct, on or before July 1, 2025, and publish on its internet website a characterization study of covered material categories that are disposed of in California landfills.

This bill would extend the date that the department has to complete that characterization study to July 30, 2025.

Existing law prohibits a person from offering for sale, selling, distributing, or importing into the state any product or packaging for which a deceptive or misleading claim about the recyclability of the product or packaging is made. Existing law provides that a product or packaging that displays a chasing arrows symbol, among other symbols, statements, or directions, is deemed to be a deceptive or misleading claim unless the product or packaging is considered recyclable pursuant to statewide recyclability criteria and is of a material type and form that routinely becomes feedstock used in the production of new products or packaging, except as provided.

This bill would make nonsubstantive changes to those environmental advertising provisions.

SENATE THIRD READING

STR Bill Id:SB 1461

Author:(Allen)

As Amended Ver:May 16, 2024

Majority vote

SUMMARY

This bill adds "landslide" to the conditions constituting a state of emergency or a local emergency, as specified.

Major Provisions

Adds "landslide" to the conditions constituting a state of emergency or a local emergency.

COMMENTS

Recent Efforts to Add Conditions Constituting a State of Emergency or Local Emergency: In 2021, Senator Dodd and Assemblymember Levine each ran a bill that would have added a "deenergization event" to conditions that constitute a local emergency (AB 1403) and state of emergency (SB 52), respectively. SB 52 (Dodd) was signed by the Governor, while AB 1403 (Levine) was vetoed with the following message: "This legislation is unnecessary, as existing statute provides broad emergency authority when disaster conditions are met." The following year, SB 468 (Dodd), Chapter 537, Statutes of 2022 added “electromagnetic pulse attack" to the list of conditions constituting a state of emergency or a local emergency and was signed by the Governor.

Role of Conditions Listed in the Emergency Service's Act: The conditions that constitute a local or state of emergency are intended as frameworks and examples. They are not intended to be the only conditions that the Governor or local governments can use to declare an emergency. To cover all other emergencies, the Act specifically includes "other conditions, other than conditions resulting from a labor controversy or conditions causing a 'state of war emergency,' which, by reason of their magnitude, are or are likely to be beyond the control of the services, personnel, equipment, and facilities of any single county, city and county, or city and require the combined forces of a mutual aid region or regions to combat."

Landslides: The California Geological Survey (CGS) classifies landslides based on the type of material (rock or soil) and the type of movement (falls, topples, spreads, slides, or flows). CGS provides technical input and advice to Cal OES during and after major landslide events and wildfires to anticipate post-fire debris flows. They produce reports for OES and local emergency agencies to help evaluate ongoing hazards and plan recovery efforts. The California Department of Conservation monitors and maps landslides across the state, providing regular updates on their website.

According to the Author

"Since the 1950's, the City of Rancho Palos Verdes has experienced a slow-moving landslide that has only been exacerbated by extreme storm events in recent years. Continuous repairs to homes and public infrastructure such as sewer, water, and power lines, and a high traffic road that serves as a wildfire evacuation route cost the city upward of half a million dollars annually. Existing law prevents the state from providing any disaster assistance to help the City manage risks to public safety."

The author continues, "SB 1461 will expand the definition of disasters constituting a state of emergency to include landslides. This will allow the City to declare an emergency to mitigate the ongoing effects of the landslide."

Arguments in Support

According to the City of Rancho Palo Verdes, "The perpetual threat of sudden, massive land movement not only poses a regional disaster but also an ecological catastrophe. Moreover, continuous land movement places our local infrastructure at constant risk of catastrophic failure and heightens the potential for wildfires, particularly in this high wildfire severity zone. Given these circumstances, it is imperative that the City be granted the tools to undertake all necessary measures to mitigate the impacts of the landslide. Therefore, we endorse SB 1461 and express our deepest appreciation for your leadership on this paramount issue."

Arguments in Opposition

None on file.

FISCAL COMMENTS

According to the Assembly Committee on Appropriations, "General Fund (GF) and special fund cost pressures of an unknown, but potentially significant amount, across all state agencies to execute directives if the Governor declares a state of emergency due to a landslide. The magnitude of cost pressures depends on the severity of the landslide, area impacted, and the length of the state of emergency proclamation."

VOTES

SENATE FLOOR: 38-0-2

YES: Alvarado-Gil, Ashby, Atkins, Becker, Blakespear, Bradford, Caballero, Cortese, Dahle, Dodd, Durazo, Eggman, Glazer, Gonzalez, Grove, Hurtado, Jones, Laird, Limón, McGuire, Menjivar, Min, Newman, Nguyen, Niello, Ochoa Bogh, Padilla, Portantino, Roth, Rubio, Seyarto, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener, Wilk

ABS, ABST OR NV: Allen, Archuleta

ASM EMERGENCY MANAGEMENT: 8-0-0

YES: Rodriguez, Davies, Arambula, Bennett, Boerner, Calderon, Wendy Carrillo, Waldron

ASM APPROPRIATIONS: 14-0-1

YES: Wicks, Sanchez, Arambula, Bryan, Calderon, Wendy Carrillo, Dixon, Mike Fong, Grayson, Haney, Hart, Pellerin, Ta, Villapudua

ABS, ABST OR NV: Jim Patterson

UPDATED

VERSION: May 16, 2024

CONSULTANT: Ryan Fleming / E.M. / (916) 319-3802 FN: 0003918

Date of Hearing: August 7, 2024

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Buffy Wicks, Chair

SBPCA Bill Id:SB 1461

Author:(Allen) – As Amended Ver:May 16, 2024

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

SUMMARY:

This bill adds a “landslide” to the list of conditions for which a state of emergency or local emergency may be proclaimed.

FISCAL EFFECT:

General Fund (GF) and special fund cost pressures of an unknown, but potentially significant amount, across all state agencies to execute directives if the Governor declares a state of emergency due to a landslide. The magnitude of cost pressures depends on the severity of the landslide, area impacted, and the length of the state of emergency proclamation.

According to the Legislative Analyst’s Office, the GF faces a structural deficit in the tens of billions of dollars over the next several fiscal years.

COMMENTS:

1. Purpose. According to the author:

Since the 1950’s, the city of Rancho Palos Verdes has experienced a slow-moving landslide that has only been exacerbated by extreme storm events in recent years. Continuous repairs to homes and public infrastructure such as sewer, water, and power lines, and a high traffic road that serves as a wildfire evacuation route cost the city upward of half a million dollars annually. Existing law prevents the state from providing any disaster assistance to help the City manage risks to public safety.

SB 1461 will expand the definition of disasters constituting a state of emergency to include landslides. This will allow the City to declare an emergency to mitigate the ongoing effects of the landslide.

This bill is supported by the City of Rancho Palos Verdes, other individual cities and counties, and the League of California Cities.

1. Emergency Services Act (ESA). The ESA gives the Governor authority to proclaim a state of emergency in an area affected, or likely to be affected, when: (a) conditions of disaster or extreme peril exist, (b) the Governor is requested to do so by a designated local government official, or (c) the Governor finds that local authority is inadequate to cope with the emergency. A local government may also issue a local emergency proclamation, which is a prerequisite for a state proclamation. Examples of conditions of disaster or extreme peril include air pollution, fire, flood, storm, epidemic, riot, drought, cyberterrorism, sudden and severe energy shortage, plant or animal infestation or disease, or an earthquake, amongst others. This bill adds a landslide to that list.
2. Related Legislation. AB 1786 (Rodriguez), among other provisions, adds climate change and a climate change exacerbated condition to the conditions of disaster or extreme peril under the ESA. AB 1786 was held on this committee’s suspense file.
3. Prior Legislation. SB 468 (Dodd), Chapter 537, Statutes of 2022, added an electromagnetic pulse attack to the conditions of disaster or extreme peril under the ESA.

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

Date of Hearing: June 24, 2024

ASSEMBLY COMMITTEE ON EMERGENCY MANAGEMENT

Freddie Rodriguez, Chair

SBPCA Bill Id:SB 1461

Author:(Allen) – As Amended Ver:May 16, 2024

SENATE VOTE: 38-0

SUBJECT: State of emergency and local emergency: landslide

SUMMARY: This bill adds “landslide” to the conditions constituting a state of emergency or a local emergency, as specified.

EXISTING LAW:

1. Under the California Emergency Services Act, establishes the California Office of Emergency Services (Cal OES) within the office of the Governor for the purpose of mitigating the effects of natural, manmade, or war-caused emergencies. (Government Code § 8550)
2. Authorizes the Governor to proclaim a state of emergency, when specified disaster conditions are met (Government Code § 8567 and 8558)
3. Authorizes local officials and local governments to proclaim a local emergency, when specified disaster conditions are met (Government Code § 8630)
4. Grants the Governor or local government who have proclaimed an emergency to exercise certain powers in response to that emergency (Government Code § 8571)
5. Under the California Emergency Services Act, defines a state of emergency to mean the duly proclaimed existence of conditions of disaster or of extreme peril to the safety of persons and property within the state caused by conditions such as, among others, air pollution, fire, flood, and storm. (Government Code § 8558)
6. Under the California Emergency Services Act, defines a local emergency to mean the duly proclaimed existence of conditions of disaster or of extreme peril to the safety of persons and property within the territorial limits of a county, city and county, or city, caused by conditions such as, among others, air pollution, fire, flood, and storm. (Government Code § 8558)

FISCAL EFFECT: According to the Senate Committee on Appropriations, “No immediate state fiscal impact. In the event that a state of emergency is called due to a landslide, the state will incur costs. However, those costs are indeterminate at this time and will ultimately depend on, among other things, the severity of the landslide, area impacted, and the length of the state of emergency proclamation (General Fund, special fund, and federal funds).”

COMMENTS:

Purpose of the Bill: According to the author, “Since the 1950’s, the City of Rancho Palos Verdes has experienced a slow-moving landslide that has only been exacerbated by extreme storm events in recent years. Continuous repairs to homes and public infrastructure such as sewer, water, and power lines, and a high traffic road that serves as a wildfire evacuation route cost the city upward of half a million dollars annually. Existing law prevents the state from providing any disaster assistance to help the City manage risks to public safety.”

The author continues, “SB 1461 will expand the definition of disasters constituting a state of emergency to include landslides. This will allow the City to declare an emergency to mitigate the ongoing effects of the landslide.”

Equity: Committee staff notes disasters have a disproportionate impact on vulnerable individuals and communities.

California Emergency Services Act: The California Emergency Services Act (ESA) was enacted in 1970, and established Cal OES within the Governor’s Office. The ESA gives the Governor authority to proclaim a state of emergency in an area affected or likely to be affected when: conditions of disaster or extreme peril exist; the Governor is requested to do so upon request from a designated local government official; or the Governor finds that local authority is inadequate to cope with the emergency. Current statute provides multiple examples of conditions that may constitute an emergency, including, but not limited to earthquakes, fires, and floods. This bill would add landslide to that list. However, there is a catch-all statement at the end of current statute that allows the Governor to declare a state of emergency for “other conditions, other than conditions resulting from a labor controversy or conditions causing a “state of war emergency,” which, by reason of their magnitude, are or are likely to be beyond the control of the services, personnel, equipment, and facilities of any single county, city and county, or city and require the combined forces of a mutual aid region or regions to combat,” which could include landslides.

Local governments may also issue local emergency proclamations, which is a prerequisite for requesting the Governor’s Proclamation of a State of Emergency.

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

California is a Disaster Prone State: Since 2018, 27 major federal disasters have been proclaimed in the State of California due to wildfires, floods, earthquakes, a hurricane, a tropical storm and a pandemic. These major disasters have taken a heavy toll on lives, homes, communities, and public infrastructure throughout the state. In the past two years alone, severe winter storms have caused more than a billion dollars in damages. These disasters came on the heels of the Covid-19 pandemic and unprecedented wildfires that lead to the deadliest wildfire in California’s history.

The impacts of these disasters cannot be understated, many lives were lost, thousands of homes were destroyed, and residents, in some cases entire communities, have been forced to relocate. Billions of dollars in damage was caused to homes, businesses, and infrastructure throughout the state. Many communities are now feeling the cumulative impact of several years of disasters and are still engaged in comprehensive, long-term recovery planning.

Recent Efforts to Add Conditions Constituting a State of Emergency or Local Emergency: In 2021, Senator Dodd and Assemblymember Levine each ran a bill that would have added a “deenergization event” to conditions that constitute a local emergency (AB 1403) and state of emergency (SB 52), respectively. SB 52 (Dodd) was signed by the Governor, while AB 1403 (Levine) was vetoed with the following message: “This legislation is unnecessary, as existing statute provides broad emergency authority when disaster conditions are met.” The following year, SB 468 (Dodd, Chapter 537, Statutes of 2022) added “electromagnetic pulse attack” to the list of conditions constituting a state of emergency or a local emergency and was signed by the Governor.

Role of Conditions Listed in the Emergency Service’s Act: The conditions that constitute a local or state of emergency are intended as frameworks and examples. They are not intended to be the only conditions that the Governor or local governments can use to declare an emergency. The To cover all other emergencies, the Act specifically includes “other conditions, other than conditions resulting from a labor controversy or conditions causing a ‘state of war emergency,’ which, by reason of their magnitude, are or are likely to be beyond the control of the services, personnel, equipment, and facilities of any single county, city and county, or city and require the combined forces of a mutual aid region or regions to combat.”

Landslides: The California Geological Survey (CGS) classifies landslides based on the type of material (rock or soil) and the type of movement (falls, topples, spreads, slides, or flows).

• Rock: Hard or firm bedrock that was intact before the landslide.
• Soil: Unconsolidated particles or poorly cemented rock.

Landslide movements are interpreted from the geomorphic features of the landslide deposit and source area:

Falls: This type occurs when masses of rock or soil detach from a steep slope and descend rapidly. This includes rocks breaking off a cliff and falling.

Topples: This involves the forward rotation and fall of a mass of material, similar to how a tall structure might tilt and fall over.

Lateral Spreads: Typically triggered by earthquakes, these involve the horizontal movement of the ground, often due to liquefaction, where the ground behaves like a fluid.

Slides: These are characterized by the movement of material along one or more defined surfaces:

• Rotational Sliding: The sliding surface is curved, causing the displaced material to rotate backwards around an axis parallel to the slope, akin to scooping with a spoon.
• Translational Sliding: Here, the sliding surface is more or less flat, and the material moves parallel to the ground, similar to pushing a book across a table.

Flows: This type of movement involves materials, often saturated with water, flowing downslope like a viscous fluid. An example is a mudslide, where wet soil and debris flow down similarly to a thick liquid.

Landslide Mapping and Monitoring: The California Department of Conservation monitors and maps landslides across the state, providing regular updates on their website. In the 1970s, the CGS created "Geology for Planning" and "Environmental Geological Analysis" reports and maps for urban areas to help local agencies understand and manage landslide hazards as residential areas expanded into landslide-prone regions.

After the 1982 El Nino storms in the San Francisco Bay area, the Landslide Hazard Mapping Act required new maps showing landslide risks. From 1986 to 1995, CGS produced Landslide Hazard Identification Maps for local government planners. Each study area typically included a set of three to four maps based on a USGS 7.5-minute topographic quadrangle map. Current active landslide programs at CGS include the Forest and Watershed Geology Program, the Seismic Hazards Program, and the Highway Corridor Landslide Hazard Mapping as well as any technical reports and disaster response efforts.

CGS provides technical input and advice to Cal OES during and after major landslide events and wildfires to anticipate post-fire debris flows. They produce reports for OES and local emergency agencies to help evaluate ongoing hazards and plan recovery efforts.

Arguments in Support: According to the City of Rancho Palo Verdes, “The perpetual threat of sudden, massive land movement not only poses a regional disaster but also an ecological catastrophe. Moreover, continuous land movement places our local infrastructure at constant risk of catastrophic failure and heightens the potential for wildfires, particularly in this high wildfire severity zone. Given these circumstances, it is imperative that the City be granted the tools to undertake all necessary measures to mitigate the impacts of the landslide. Therefore, we endorse SB 1461 and express our deepest appreciation for your leadership on this paramount issue.”

Arguments in Opposition: None on file.

Prior Legislation:

AB 1786 (Rodriguez, 2024) among other things, adds “climate change” and “climate change exacerbated conditions” to the list of conditions for which a state of emergency or local emergency may be proclaimed. (Held in the Assembly Committee on Appropriations)

SB 468 (Dodd, Chapter 537, Statutes of 2022) added “electromagnetic pulse attack” to the list of conditions constituting a state of emergency or local emergency.

SB 52 (Dodd, Chapter 597, Statutes of 2021) added a “deenergization event” to the list of those conditions constituting a local emergency, with prescribed limitations.

AB 1403 (Levine, 2021) would have added “deenergization event” to the list of conditions constituting a state of emergency and local emergency, as specified. (Vetoed by Governor Newsom)

REGISTERED SUPPORT / OPPOSITION:

Support

City of Laguna Niguel

City of Rancho Palos Verdes

City of Thousand Oaks

County of Humboldt

County of Santa Barbara

County of Santa Cruz

League of California Cities

South Bay Cities Council of Governments

Opposition

None on file.

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

 THIRD READING 

Bill No: SB 1461

Author: Allen (D)

Amended: 5/16/24

Vote: 21

SENATE GOVERNMENTAL ORG. COMMITTEE: 14-0, 4/9/24

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

NO VOTE RECORDED: Ashby, Roth

SENATE APPROPRIATIONS COMMITTEE: 7-0, 5/16/24

AYES: Caballero, Jones, Ashby, Becker, Bradford, Seyarto, Wahab

SUBJECT: State of emergency and local emergency: landslide

SOURCE: Author

DIGEST:

This bill adds “landslide” to the conditions constituting a state of emergency or a local emergency, as specified.

ANALYSIS:

Existing law:

1. The Emergency Services Act (ESA) authorizes the Governor to declare a state of emergency, and local officials and local governments to declare a local emergency, when specified conditions of disaster or extreme peril to the safety of persons and property exist.
2. Defines the term “state of emergency” and “local emergency” to mean a duly proclaimed existence of conditions of disaster or of extreme peril to the safety of persons and property within the state caused by, among other things, fire, storm, riot, or cyberterrorism, as specified.

This bill:

1. Adds “landslide” to the list of conditions that constitute a state of emergency or a local emergency.

Background

Author Statement. According to the author’s office:

“Since the 1950s, the City of Rancho Palos Verdes has experienced a slow-moving landslide that has only been exacerbated by extreme storm events in recent years. Continuous repairs to homes and public infrastructure such as sewer, water, and power lines, and a high traffic road that serves as a wildfire evacuation route cost the city upward of $1 million annually. Existing law prevents the state from providing any disaster assistance to help the City manage risks to public safety.”

Further, “SB 1461 will expand the definition of disasters constituting a state of emergency to include landslides. This will allow the City to request assistance from CalOES under the California Disaster Assistance Act to mitigate the ongoing effects of the landslide.”

In further support of the bill, the author’s office sites the Rancho Palos Verdes Portuguese Bend Landslide Complex (PBLC), which is approximately 240 acres, and was activated in 1956 during the extension of Crenshaw Boulevard, well before the founding of the city of Rancho Palos Verdes, in Southern California.

Movement occurs because of subsurface dynamics between ground water and naturally occurring Bentonite Clay mineral layer. The area is under continual threat of sudden major land movement, which would be a South Bay regional disaster and ecological catastrophe. There are 193 homes in the landslide area, many of which are moving with the land across property lines, creating major disputes with no end in sight. The land there is currently moving at an average rate of 18 inches per year.

California Emergency Services Act. The ESA was enacted in 1970, and established the Office of Emergency Services (OES) within the Governor’s Office. Under the ESA, OES is charged with coordinating statewide emergency preparedness; post emergency recovery and mitigation efforts; and the development, review, approval, and integration of emergency plans.

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

Specifically, the ESA defines a “state of emergency” as the duly proclaimed existence of conditions of disaster or of extreme peril to the safety of persons and property within the state caused by conditions such as air pollution, fire, flood, storm, epidemic, riot, drought, cyberterrorism, sudden and severe energy shortage, (deenergization event – specifically only for a local emergency), electromagnetic pulse attack, plant or animal infestation or disease, the Governor’s warning of an earthquake or volcanic prediction, or an earthquake, or other conditions, other than conditions resulting from a labor controversy or conditions causing a “state of war emergency,” which, by reason of their magnitude, are or are likely to be beyond the control of the services, personnel, equipment, and facilities of any single county, city and county, or city and require the combined forces of a mutual aid region or regions to combat, or with respect to regulated energy utilities, a sudden and severe energy shortage requires extraordinary measures beyond the authority vested in the Public Utilities Commission.

The ESA grants the Governor certain special powers during a declared state of emergency, which are in addition to any other existing powers otherwise granted. For example, the ESA empowers the Governor to expend any appropriation for support of the ESA in order to carry out its provisions, as well as the authority to make, amend, and rescind orders and regulations necessary to carry out the ESA. The orders and regulations shall have the force and effect of law.

The ESA is generally considered to give a governor broad authority to declare a state of emergency or local emergency beyond the existing list of conditions. Specifically, the ESA states “other conditions, other than conditions resulting from a labor controversy or conditions causing a ‘state of war emergency,’ which, by reason of their magnitude, are or are likely to be beyond the control of the services, personnel, equipment, and facilities of any single county, city and county, or city and require the combined forces of a mutual aid region or regions to combat.”

To that end, Governor Newsom noted in his veto of AB 1403 (Levine, 2021) which would have added a “deenergization event” to the list of conditions constituting a state of emergency that the “legislation is unnecessary, as existing statute provides broad emergency authority when disaster conditions are met.”

There are currently 57 open state of emergency proclamations in California proclaimed by the Governor as of March 22, 2024. Event types for these states of emergency include: early February 2024 storms; the fire near downtown Los Angeles damaging a portion of the I-10 freeway; Humboldt Earthquake; extreme heat event from August 2022; drought; high winds; wildfire; and tree mortality.

OES takes a proactive approach to addressing these risks, threats, and vulnerabilities that form the basis of its mission and has been tested through real events, as well as comprehensive exercises that help OES to maintain a state of readiness and to plan for and mitigate impacts.

Landslide. This bill proposes to add “landslide” to the list of conditions in the ESA noted above that constitute a state of emergency or a local emergency. The bill defines “landslide” to mean the movement of a mass of rock, debris, or earth down a slope under the direct influence of gravity that travels at a speed of at least one inch per year.

The California Department of Conservation tracks and maps landslides in California and provides regular updates on their internet website. In the 1970s, the California Geological Survey (CGS) prepared a series of “Geology for Planning” and “Environmental Geological Analysis” reports and maps for local agencies in urban areas. These products were designed to assist local agencies in urbanizing areas. These products were designed to assist local agencies in evaluating hazards and developing policies that consider landslide hazards as residential development spread into landslide-prone terrain.

Following the 1982 El Nino storms in the San Francisco Bay area, the Landslide Hazard Mapping Act mandated new maps to show landslides and landslide hazards. Landslide Hazard Identification Maps were prepared by CGS for use by local government planners from 1986 to 1995. A set of three to four maps was prepared for each map study area, usually encompassing a USGS 7.5-minute topographic quadrangle map. Current active landslide mapping programs at CGS, and their respective products, include: the Forest and Watershed Geology Program; Seismic Hazards Program; Highway Corridor Landslide Hazard Mapping; and technical reports and disaster response.

CGS regularly provides technical input and advice to OES during and immediately following major landslide events, and immediately following major wildfires in anticipation of post-fire debris flows. CGS provides brief reports on individual emergency response tasks to OES and local emergency response agencies to assist them in evaluating ongoing hazards and planning for recovery. Post-event reports and maps documenting landslide occurrences have been summarized as Open-File Reports, articles in California Geology magazine, and on CGS’s web pages.

CGS classifies landslides with a two-part designation. The designation captures both the type of material that failed and the type of movement that the failed material exhibited. Material types are broadly categorized as either rock or soil, or a combination of the two for complex movements. Rock refers to hard or firm bedrock that was intact and in place prior to slope movement. Soil, either residual or transported material, is used in the engineering sense to mean unconsolidated particles or poorly cemented rock or aggregates.

Soil is distinguished further on the basis of texture as debris (coarse fragments) or earth (fine fragments). The distinction between rock and soil, and the further distinction between debris and earth is most often based on interpretation of geomorphic characteristics within landslide deposits, but can also be inferred from geologic characteristics of the parent material described on maps or observed in the field.

According to CGS, landslide movements are interpreted from the geomorphic expression of the landslide deposit and source area, and are categorized as falls, topples, spreads, slides, or flows. Falls are masses of soil or rock that dislodge from steep slopes and free-fall, bounce, or roll downslope. Topples move by the forward pivoting of a mass around an axis below the displaced mass. Lateral spreads, commonly induced by liquefaction of material in an earthquake, move by horizontal extension and shear or tensile fractures.

But Time Makes You Bolder. In recent years, and with varying levels of success, legislators have attempted to expand the conditions constituting a state of emergency or local emergency. For example, SB 468 (Dodd, Chapter 537, Statutes of 2022) added “electromagnetic pulse attack” to the list of conditions constituting a state of emergency or a local emergency, and SB 52 (Dodd, Chapter 597, Statutes of 2021) added “deenergization event” to the list of conditions constituting a local emergency.

Alternatively, Governor Newsom vetoed AB 1403 (Levine, 2021), writing that the “bill would specify that conditions constituting a state of emergency under the California Emergency Services Act may include a deenergization event, defined as a planned power outage. This legislation is unnecessary, as existing statute provides broad emergency authority when disaster conditions are met.”

Additionally, SB 1455 (Hertzburg, 2020) which would have added “electromagnetic pulse attack” to the list of conditions was never referred out of the Senate Rules Committee, and AB 2306 (Donnelly, 2012) which would have added “border security,” failed passage in the Assembly Governmental Organization Committee.

AB 1786 (Rodriguez, 2024) of this year proposes to add “climate change” and “climate change exacerbated conditions” to the list of conditions for which a state of emergency or local emergency may be proclaimed.

It is important to keep in mind that the conditions listed in the ESA, which this bill seeks to expand, are not exhaustive or intended to be the only conditions that can be used by the Governor or local jurisdictions to declare a state of emergency or local emergency.

Related/Prior Legislation

AB 1786 (Rodriguez, 2024) among other things, adds “climate change” and “climate change exacerbated conditions” to the list of conditions for which a state of emergency or local emergency may be proclaimed. (Pending in the Assembly Emergency Management Committee)

SB 468 (Dodd, Chapter 537, Statutes of 2022) added “electromagnetic pulse attack” to the list of conditions constituting a state of emergency or local emergency.

SB 52 (Dodd, Chapter 597, Statutes of 2021) added a “deenergization event” to the list of those conditions constituting a local emergency, with prescribed limitations.

AB 1403 (Levine, 2021) would have added “deenergization event” to the list of conditions constituting a state of emergency and local emergency, as specified. (Vetoed by Governor Newsom)

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

According to the Senate Appropriations Committee:

No immediate state fiscal impact. In the event that a state of emergency is called due to a landslide, the state will incur costs. However, those costs are indeterminate at this time and will ultimately depend on, among other things, the severity of the landslide, area impacted, and the length of the state of emergency proclamation (General Fund, special fund, and federal funds).

SUPPORT: (Verified 5/16/24)

City of Laguna Niguel
City of Rancho Palos Verdes
County of Humboldt
County of Santa Barbara
County of Santa Cruz
League of California Cities
South Bay Cities Council of Governments

OPPOSITION: (Verified 5/16/24)

None received

ARGUMENTS IN SUPPORT: The City of Rancho Palos Verdes writes:

The “ancient Portuguese Bend Landslide Complex, triggered during the 1950s, has escalated due to climate-driven extreme rainfall, causing a significant rise in the water table. This surge in groundwater has accelerated the movement of the landslide complex with the land shifting at an alarming average rate of 18 inches per year, making this area the most active landslide zone in North America. This increased groundwater has dramatically changed the nature of the landslide complex, hastening the speed from a few inches to 10 feet of movement annually.

Further, the South Bay Cities Council of Governments writes that, “[i]n addition to constant repairs to homes, the public infrastructure such as sewer, water, power lines, and a high volume of traffic road is costing upwards of $1 million per year to repair. This road serves as a wildfire evacuation route as this area of the South Bay is designated as an extreme high wildfire risk zone. SB 1461 would allow cities like Rancho Palos Verdes to request the Governor declare a State of Emergency for landslides which would help assist in recovery efforts.”

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

5/18/24 14:06:51

**** END ****

 CONSENT  

Bill No: SB 1461

Author: Allen (D)

Amended: 3/18/24

Vote: 21

SENATE GOVERNMENTAL ORG. COMMITTEE: 14-0, 4/9/24

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

NO VOTE RECORDED: Ashby, Roth

SENATE APPROPRIATIONS COMMITTEE: 7-0, 5/16/24

AYES: Caballero, Jones, Ashby, Becker, Bradford, Seyarto, Wahab

SUBJECT: State of emergency and local emergency: landslide

SOURCE: Author

DIGEST:

This bill adds “landslide” to the conditions constituting a state of emergency or a local emergency, as specified.

ANALYSIS:

Existing law:

1. The Emergency Services Act (ESA) authorizes the Governor to declare a state of emergency, and local officials and local governments to declare a local emergency, when specified conditions of disaster or extreme peril to the safety of persons and property exist.
2. Defines the term “state of emergency” and “local emergency” to mean a duly proclaimed existence of conditions of disaster or of extreme peril to the safety of persons and property within the state caused by, among other things, fire, storm, riot, or cyberterrorism, as specified.

This bill:

1. Adds “landslide” to the list of conditions that constitute a state of emergency or a local emergency.

Background

Author Statement. According to the author’s office:

“Since the 1950s, the City of Rancho Palos Verdes has experienced a slow-moving landslide that has only been exacerbated by extreme storm events in recent years. Continuous repairs to homes and public infrastructure such as sewer, water, and power lines, and a high traffic road that serves as a wildfire evacuation route cost the city upward of $1 million annually. Existing law prevents the state from providing any disaster assistance to help the City manage risks to public safety.”

Further, “SB 1461 will expand the definition of disasters constituting a state of emergency to include landslides. This will allow the City to request assistance from CalOES under the California Disaster Assistance Act to mitigate the ongoing effects of the landslide.”

In further support of the bill, the author’s office sites the Rancho Palos Verdes Portuguese Bend Landslide Complex (PBLC), which is approximately 240 acres, and was activated in 1956 during the extension of Crenshaw Boulevard, well before the founding of the city of Rancho Palos Verdes, in Southern California.

Movement occurs because of subsurface dynamics between ground water and naturally occurring Bentonite Clay mineral layer. The area is under continual threat of sudden major land movement, which would be a South Bay regional disaster and ecological catastrophe. There are 193 homes in the landslide area, many of which are moving with the land across property lines, creating major disputes with no end in sight. The land there is currently moving at an average rate of 18 inches per year.

California Emergency Services Act. The ESA was enacted in 1970, and established the Office of Emergency Services (OES) within the Governor’s Office. Under the ESA, OES is charged with coordinating statewide emergency preparedness; post emergency recovery and mitigation efforts; and the development, review, approval, and integration of emergency plans.

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

Specifically, the ESA defines a “state of emergency” as the duly proclaimed existence of conditions of disaster or of extreme peril to the safety of persons and property within the state caused by conditions such as air pollution, fire, flood, storm, epidemic, riot, drought, cyberterrorism, sudden and severe energy shortage, (deenergization event – specifically only for a local emergency), electromagnetic pulse attack, plant or animal infestation or disease, the Governor’s warning of an earthquake or volcanic prediction, or an earthquake, or other conditions, other than conditions resulting from a labor controversy or conditions causing a “state of war emergency,” which, by reason of their magnitude, are or are likely to be beyond the control of the services, personnel, equipment, and facilities of any single county, city and county, or city and require the combined forces of a mutual aid region or regions to combat, or with respect to regulated energy utilities, a sudden and severe energy shortage requires extraordinary measures beyond the authority vested in the Public Utilities Commission.

The ESA grants the Governor certain special powers during a declared state of emergency, which are in addition to any other existing powers otherwise granted. For example, the ESA empowers the Governor to expend any appropriation for support of the ESA in order to carry out its provisions, as well as the authority to make, amend, and rescind orders and regulations necessary to carry out the ESA. The orders and regulations shall have the force and effect of law.

The ESA is generally considered to give a governor broad authority to declare a state of emergency or local emergency beyond the existing list of conditions. Specifically, the ESA states “other conditions, other than conditions resulting from a labor controversy or conditions causing a ‘state of war emergency,’ which, by reason of their magnitude, are or are likely to be beyond the control of the services, personnel, equipment, and facilities of any single county, city and county, or city and require the combined forces of a mutual aid region or regions to combat.”

To that end, Governor Newsom noted in his veto of AB 1403 (Levine, 2021) which would have added a “deenergization event” to the list of conditions constituting a state of emergency that the “legislation is unnecessary, as existing statute provides broad emergency authority when disaster conditions are met.”

There are currently 57 open state of emergency proclamations in California proclaimed by the Governor as of March 22, 2024. Event types for these states of emergency include: early February 2024 storms; the fire near downtown Los Angeles damaging a portion of the I-10 freeway; Humboldt Earthquake; extreme heat event from August 2022; drought; high winds; wildfire; and tree mortality.

OES takes a proactive approach to addressing these risks, threats, and vulnerabilities that form the basis of its mission and has been tested through real events, as well as comprehensive exercises that help OES to maintain a state of readiness and to plan for and mitigate impacts.

Landslide. This bill proposes to add “landslide” to the list of conditions in the ESA noted above that constitute a state of emergency or a local emergency. The bill defines “landslide” to mean the movement of a mass of rock, debris, or earth down a slope under the direct influence of gravity that travels at a speed of at least one inch per year.

The California Department of Conservation tracks and maps landslides in California and provides regular updates on their internet website. In the 1970s, the California Geological Survey (CGS) prepared a series of “Geology for Planning” and “Environmental Geological Analysis” reports and maps for local agencies in urban areas. These products were designed to assist local agencies in urbanizing areas. These products were designed to assist local agencies in evaluating hazards and developing policies that consider landslide hazards as residential development spread into landslide-prone terrain.

Following the 1982 El Nino storms in the San Francisco Bay area, the Landslide Hazard Mapping Act mandated new maps to show landslides and landslide hazards. Landslide Hazard Identification Maps were prepared by CGS for use by local government planners from 1986 to 1995. A set of three to four maps was prepared for each map study area, usually encompassing a USGS 7.5-minute topographic quadrangle map. Current active landslide mapping programs at CGS, and their respective products, include: the Forest and Watershed Geology Program; Seismic Hazards Program; Highway Corridor Landslide Hazard Mapping; and technical reports and disaster response.

CGS regularly provides technical input and advice to OES during and immediately following major landslide events, and immediately following major wildfires in anticipation of post-fire debris flows. CGS provides brief reports on individual emergency response tasks to OES and local emergency response agencies to assist them in evaluating ongoing hazards and planning for recovery. Post-event reports and maps documenting landslide occurrences have been summarized as Open-File Reports, articles in California Geology magazine, and on CGS’s web pages.

CGS classifies landslides with a two-part designation. The designation captures both the type of material that failed and the type of movement that the failed material exhibited. Material types are broadly categorized as either rock or soil, or a combination of the two for complex movements. Rock refers to hard or firm bedrock that was intact and in place prior to slope movement. Soil, either residual or transported material, is used in the engineering sense to mean unconsolidated particles or poorly cemented rock or aggregates.

Soil is distinguished further on the basis of texture as debris (coarse fragments) or earth (fine fragments). The distinction between rock and soil, and the further distinction between debris and earth is most often based on interpretation of geomorphic characteristics within landslide deposits, but can also be inferred from geologic characteristics of the parent material described on maps or observed in the field.

According to CGS, landslide movements are interpreted from the geomorphic expression of the landslide deposit and source area, and are categorized as falls, topples, spreads, slides, or flows. Falls are masses of soil or rock that dislodge from steep slopes and free-fall, bounce, or roll downslope. Topples move by the forward pivoting of a mass around an axis below the displaced mass. Lateral spreads, commonly induced by liquefaction of material in an earthquake, move by horizontal extension and shear or tensile fractures.

But Time Makes You Bolder. In recent years, and with varying levels of success, legislators have attempted to expand the conditions constituting a state of emergency or local emergency. For example, SB 468 (Dodd, Chapter 537, Statutes of 2022) added “electromagnetic pulse attack” to the list of conditions constituting a state of emergency or a local emergency, and SB 52 (Dodd, Chapter 597, Statutes of 2021) added “deenergization event” to the list of conditions constituting a local emergency.

Alternatively, Governor Newsom vetoed AB 1403 (Levine, 2021), writing that the “bill would specify that conditions constituting a state of emergency under the California Emergency Services Act may include a deenergization event, defined as a planned power outage. This legislation is unnecessary, as existing statute provides broad emergency authority when disaster conditions are met.”

Additionally, SB 1455 (Hertzburg, 2020) which would have added “electromagnetic pulse attack” to the list of conditions was never referred out of the Senate Rules Committee, and AB 2306 (Donnelly, 2012) which would have added “border security,” failed passage in the Assembly Governmental Organization Committee.

AB 1786 (Rodriguez, 2024) of this year proposes to add “climate change” and “climate change exacerbated conditions” to the list of conditions for which a state of emergency or local emergency may be proclaimed.

It is important to keep in mind that the conditions listed in the ESA, which this bill seeks to expand, are not exhaustive or intended to be the only conditions that can be used by the Governor or local jurisdictions to declare a state of emergency or local emergency.

Related/Prior Legislation

AB 1786 (Rodriguez, 2024) among other things, adds “climate change” and “climate change exacerbated conditions” to the list of conditions for which a state of emergency or local emergency may be proclaimed. (Pending in the Assembly Emergency Management Committee)

SB 468 (Dodd, Chapter 537, Statutes of 2022) added “electromagnetic pulse attack” to the list of conditions constituting a state of emergency or local emergency.

SB 52 (Dodd, Chapter 597, Statutes of 2021) added a “deenergization event” to the list of those conditions constituting a local emergency, with prescribed limitations.

AB 1403 (Levine, 2021) would have added “deenergization event” to the list of conditions constituting a state of emergency and local emergency, as specified. (Vetoed by Governor Newsom)

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

According to the Senate Appropriations Committee:

No immediate state fiscal impact. In the event that a state of emergency is called due to a landslide, the state will incur costs. However, those costs are indeterminate at this time and will ultimately depend on, among other things, the severity of the landslide, area impacted, and the length of the state of emergency proclamation (General Fund, special fund, and federal funds).

SUPPORT: (Verified 5/16/2024)

City of Laguna Niguel
City of Rancho Palos Verdes
County of Humboldt
County of Santa Barbara
County of Santa Cruz
League of California Cities
South Bay Cities Council of Governments

OPPOSITION: (Verified 5/16/2024)

None received

ARGUMENTS IN SUPPORT: The City of Rancho Palos Verdes writes:

The “ancient Portuguese Bend Landslide Complex, triggered during the 1950s, has escalated due to climate-driven extreme rainfall, causing a significant rise in the water table. This surge in groundwater has accelerated the movement of the landslide complex with the land shifting at an alarming average rate of 18 inches per year, making this area the most active landslide zone in North America. This increased groundwater has dramatically changed the nature of the landslide complex, hastening the speed from a few inches to 10 feet of movement annually.

Further, the South Bay Cities Council of Governments writes that, “[i]n addition to constant repairs to homes, the public infrastructure such as sewer, water, power lines, and a high volume of traffic road is costing upwards of $1 million per year to repair. This road serves as a wildfire evacuation route as this area of the South Bay is designated as an extreme high wildfire risk zone. SB 1461 would allow cities like Rancho Palos Verdes to request the Governor declare a State of Emergency for landslides which would help assist in recovery efforts.”

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

5/17/24 10:18:36

**** END ****

SENATE COMMITTEE ON

Senator Anna Caballero, Chair

2023 - 2024 Regular Session

SB 1461 (Allen) - State of emergency and local emergency: landslide

Bill Summary:

SB 1461 adds landslides, as defined, to the list of conditions of disaster or extreme peril that may constitute a state of emergency or local emergency.

*********** ANALYSIS ADDENDUM – SUSPENSE FILE ***********

The following information is revised to reflect amendments

adopted by the committee on May 16, 2024

Fiscal Impact:

No immediate state fiscal impact. In the event that a state of emergency is called due to a landslide, the state will incur costs. However, those costs are indeterminate at this time and will ultimately depend on, among other things, the severity of the landslide, area impacted, and the length of the state of emergency proclamation (General Fund, special fund, and federal funds).

Committee Amendments:

Delete definition of “landslide.”

-- END --

SENATE COMMITTEE ON

Senator Anna Caballero, Chair

2023 - 2024 Regular Session

SB 1461 (Allen) - State of emergency and local emergency: landslide

Bill Summary:

SB 1461 adds landslides, as defined, to the list of conditions of disaster or extreme peril that may constitute a state of emergency or local emergency.

Fiscal Impact:

Unknown fiscal impact. In the event that a state of emergency is called due to a landslide, the state will incur significant costs (General Fund, various special funds, and federal funds). However, those costs are indeterminate at this time and will ultimately depend on, among other things, the severity of the landslide, area impacted, emergency response strategy required, and the duration of the state of emergency proclamation.

Background:

Generally, the ESA defines a “state of emergency” as the duly proclaimed existence of conditions of disaster or of extreme peril to the safety of persons and property within the state caused by conditions such as air pollution, fire, flood, storm, epidemic, riot, drought, cyberterrorism, sudden and severe energy shortage, electromagnetic pulse attack, plant or animal infestation or disease, the Governor’s warning of an earthquake or volcanic prediction, or an earthquake, or other conditions, other than conditions resulting from a labor controversy or conditions causing a “state of war emergency.”

Proposed Law:

Adds landslides to the list of conditions of disaster or extreme peril that may constitute a state of emergency or local emergency. Defines “landslide” to mean the movement of a mass of rock, debris, or earth down a slope under the direct influence of gravity that travels at a speed of at least one inch per year.

Staff Comments:

Under the definition of “landslide” in this bill, a state of emergency or local emergency may be proclaimed for both the sudden mass movement and the slow gradual movement of material down a slope (geologically referred to as “creep”). According to the U.S. Geological Survey, creep is the imperceptibly slow, steady, downward movement of slope-forming soil or rock. Movement is caused by shear stress sufficient to produce permanent deformation, but too small to produce shear failure.

To the extent that the state must commit General Fund or Disaster Response Emergency Operations Account funds to proclaimed state of emergencies or local emergencies involving creep that it may not have otherwise directed these funds toward, there may be significant cost pressures for the state to respond to these longer-term ongoing emergencies as well as other proclaimed emergencies.

-- END --

SENATE COMMITTEE ON GOVERNMENTAL ORGANIZATION

Senator Bill Dodd

Chair

2023 - 2024 Regular

Bill No: 1461 Hearing Date: 4/9/2024

SUBJECT: State of emergency and local emergency: landslide

DIGEST: This bill adds “landslide” to the conditions constituting a state of emergency or a local emergency, as specified.

ANALYSIS:

Existing law:

1. The Emergency Services Act (ESA) authorizes the Governor to declare a state of emergency, and local officials and local governments to declare a local emergency, when specified conditions of disaster or extreme peril to the safety of persons and property exist.
2. Defines the term “state of emergency” and “local emergency” to mean a duly proclaimed existence of conditions of disaster or of extreme peril to the safety of persons and property within the state caused by, among other things, fire, storm, riot, or cyberterrorism, as specified.

This bill:

1. Adds “landslide” to the list of conditions that constitute a state of emergency or a local emergency.
2. Defines “landslide” to mean the movement of a mass of rock, debris, or earth down a slope under the direct influence of gravity that travels at a speed of at least one inch per year.

Background

Author Statement. According to the author’s office, “since the 1950s, the City of Rancho Palos Verdes has experienced a slow-moving landslide that has only been exacerbated by extreme storm events in recent years. Continuous repairs to homes and public infrastructure such as sewer, water, and power lines, and a high traffic road that serves as a wildfire evacuation route cost the city upward of $1 million annually. Existing law prevents the state from providing any disaster assistance to help the City manage risks to public safety.”

Further, “SB 1461 will expand the definition of disasters constituting a state of emergency to include landslides. This will allow the City to request assistance from CalOES under the California Disaster Assistance Act to mitigate the ongoing effects of the landslide.”

In further support of the bill, the author’s office sites the Rancho Palos Verdes Portuguese Bend Landslide Complex (PBLC), which is approximately 240 acres, and was activated in 1956 during the extension of Crenshaw Boulevard, well before the founding of the city of Rancho Palos Verdes, in Southern California.

Land moves at an average annual rate of 18 inches per year, and constitutes the most active landslide area in North America. Movement occurs because of subsurface dynamics between ground water and naturally occurring Bentonite Clay mineral layer. The area is under continual threat of sudden major land movement, which would be a South Bay regional disaster and ecological catastrophe. There are 193 homes in the landslide area, many of which are moving with the land across property lines, creating major disputes with no end in sight.

California Emergency Services Act. The ESA was enacted in 1970, and established the Office of Emergency Services (OES) within the Governor’s Office. Under the ESA, OES is charged with coordinating statewide emergency preparedness; post emergency recovery and mitigation efforts; and the development, review, approval, and integration of emergency plans.

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

Specifically, the ESA defines a “state of emergency” as the duly proclaimed existence of conditions of disaster or of extreme peril to the safety of persons and property within the state caused by conditions such as air pollution, fire, flood, storm, epidemic, riot, drought, cyberterrorism, sudden and severe energy shortage, (deenergization event – specifically only for a local emergency), electromagnetic pulse attack, plant or animal infestation or disease, the Governor’s warning of an earthquake or volcanic prediction, or an earthquake, or other conditions, other than conditions resulting from a labor controversy or conditions causing a “state of war emergency,” which, by reason of their magnitude, are or are likely to be beyond the control of the services, personnel, equipment, and facilities of any single county, city and county, or city and require the combined forces of a mutual aid region or regions to combat, or with respect to regulated energy utilities, a sudden and severe energy shortage requires extraordinary measures beyond the authority vested in the Public Utilities Commission.

The ESA grants the Governor certain special powers during a declared state of emergency, which are in addition to any other existing powers otherwise granted. For example, the ESA empowers the Governor to expend any appropriation for support of the ESA in order to carry out its provisions, as well as the authority to make, amend, and rescind orders and regulations necessary to carry out the ESA. The orders and regulations shall have the force and effect of law.

The ESA is generally considered to give a governor broad authority to declare a state of emergency or local emergency beyond the existing list of conditions. Specifically, the ESA states “other conditions, other than conditions resulting from a labor controversy or conditions causing a ‘state of war emergency,’ which, by reason of their magnitude, are or are likely to be beyond the control of the services, personnel, equipment, and facilities of any single county, city and county, or city and require the combined forces of a mutual aid region or regions to combat.”

To that end, Governor Newsom noted in his veto of AB 1403 (Levine, 2021) which would have added a “deenergization event” to the list of conditions constituting a state of emergency that the “legislation is unnecessary, as existing statute provides broad emergency authority when disaster conditions are met.”

There are currently 57 open state of emergency proclamations in California proclaimed by the Governor as of March 22, 2024. Event types for these states of emergency include: early February 2024 storms; the fire near downtown Los Angeles damaging a portion of the I-10 freeway; Humboldt Earthquake; extreme heat event from August 2022; drought; high winds; wildfire; and tree mortality.

With the nation’s largest population, and third largest land area among the states, California is culturally, ethnically, economically, ecologically, and politically diverse. California also faces numerous risks and threats to our people, property, economy, and environment and is prone to earthquakes, floods, significant wildfires, prolonged drought impacts, public health emergencies, cybersecurity attacks, agricultural and animal disasters, as well as threats to homeland security.

OES takes a proactive approach to addressing these risks, threats, and vulnerabilities that form the basis of its mission and has been tested through real events, as well as comprehensive exercises that help OES to maintain a state of readiness and to plan for and mitigate impacts.

Landslide. This bill proposes to add “landslide” to the list of conditions in the ESA noted above that constitute a state of emergency or a local emergency. The bill defines “landslide” to mean the movement of a mass of rock, debris, or earth down a slope under the direct influence of gravity that travels at a speed of at least one inch per year.

The California Department of Conservation tracks and maps landslides in California and provides regular updates on their internet website. In the 1970s, the California Geological Survey (CGS) prepared a series of “Geology for Planning” and “Environmental Geological Analysis” reports and maps for local agencies in urban areas. These products were designed to assist local agencies in urbanizing areas. These products were designed to assist local agencies in evaluating hazards and developing policies that consider landslide hazards as residential development spread into landslide-prone terrain.

Following the 1982 El Nino storms in the San Francisco Bay area, the Landslide Hazard Mapping Act mandated new maps to show landslides and landslide hazards. Landslide Hazard Identification Maps were prepared by CGS for use by local government planners from 1986 to 1995. A set of three to four maps was prepared for each map study area, usually encompassing a USGS 7.5-minute topographic quadrangle map. Current active landslide mapping programs at CGS, and their respective products, include: the Forest and Watershed Geology Program; Seismic Hazards Program; Highway Corridor Landslide Hazard Mapping; and technical reports and disaster response.

CGS regularly provides technical input and advice to OES during and immediately following major landslide events, and immediately following major wildfires in anticipation of post-fire debris flows. CGS provides brief reports on individual emergency response tasks to OES and local emergency response agencies to assist them in evaluating ongoing hazards and planning for recovery. Post-event reports and maps documenting landslide occurrences have been summarized as Open-File Reports, articles in California Geology magazine, and on CGS’s web pages.

CGS classifies landslides with a two-part designation. The designation captures both the type of material that failed and the type of movement that the failed material exhibited. Material types are broadly categorized as either rock or soil, or a combination of the two for complex movements. Rock refers to hard or firm bedrock that was intact and in place prior to slope movement. Soil, either residual or transported material, is used in the engineering sense to mean unconsolidated particles or poorly cemented rock or aggregates.

Soil is distinguished further on the basis of texture as debris (coarse fragments) or earth (fine fragments). The distinction between rock and soil, and the further distinction between debris and earth is most often based on interpretation of geomorphic characteristics within landslide deposits, but can also be inferred from geologic characteristics of the parent material described on maps or observed in the field.

According to CGS, landslide movements are interpreted from the geomorphic expression of the landslide deposit and source area, and are categorized as falls, topples, spreads, slides, or flows. Falls are masses of soil or rock that dislodge from steep slopes and free-fall, bounce, or roll downslope. Topples move by the forward pivoting of a mass around an axis below the displaced mass. Lateral spreads, commonly induced by liquefaction of material in an earthquake, move by horizontal extension and shear or tensile fractures.

Slides displace masses of material along one or more discrete planes. In rotational sliding the slide plane is curved and the mass rotates backwards around an axis parallel to the slope; in translational sliding the failure surface is more or less planar and the mass moves parallel to the ground surface. Flows mobilize as a deforming, viscous mass without a discrete failure plane. More than one form of movement may occur during a failure, in which case the movement is classified as complex if movements occur sequentially and composite if they do not.

This bill defines “landslide” to mean the movement of a mass of rock, debris, or earth down a slope under the direct influence of gravity that travels at a speed of less than one inch per year.

But Time Makes You Bolder. In recent years, and with varying levels of success, legislators have attempted to expand the conditions constituting a state of emergency or local emergency. For example, SB 468 (Dodd, Chapter 537, Statutes of 2022) added “electromagnetic pulse attack” to the list of conditions constituting a state of emergency or a local emergency, and SB 52 (Dodd, Chapter 597, Statutes of 2021) added “deenergization event” to the list of conditions constituting a local emergency.

Alternatively, Governor Newsom vetoed AB 1403 (Levine, 2021), writing that the “bill would specify that conditions constituting a state of emergency under the California Emergency Services Act may include a deenergization event, defined as a planned power outage. This legislation is unnecessary, as existing statute provides broad emergency authority when disaster conditions are met.”

Additionally, SB 1455 (Hertzburg, 2020) which would have added “electromagnetic pulse attack” to the list of conditions was never referred out of the Senate Rules Committee, and AB 2306 (Donnelly, 2012) which would have added “border security,” failed passage in the Assembly Governmental Organization Committee.

AB 1786 (Rodriguez, 2024) of this year proposes to further add “climate change” and “climate change exacerbated conditions” to the list of conditions for which a state of emergency or local emergency may be proclaimed.

It is important to keep in mind that the conditions listed in the ESA, which this bill seeks to expand, are not exhaustive or intended to be the only conditions that can be used by the Governor to declare a state of emergency or local emergency.

Policy Considerations. As drafted, this bill includes the following definition of a landslide:

“Landslide” means the movement of a mass of rock, debris, or earth down a slope under the direct influence of gravity that travels at a speed of at least one inch per year.

If this bill were to be chaptered, this would be the first time a definition is included and attached to one of the conditions constituting a state of emergency or a local emergency. Further, the introduction of a definition might not only be unnecessary but could also lead to challenges in the practical application of the ESA.

The existing broad authority granted by the ESA allows for a flexible response to a wide range of emergency situations, including those not explicitly listed. By specifying a detailed definition for landslides, this flexibility could be inadvertently restricted, potentially leading to delays or complications in declaring a state of emergency for incidents that technically fall outside the defined parameters but nevertheless pose significant risks.

Moreover, the definition as proposed seems to conflate the terms "landslide" and "creep," potentially leading to confusion. Geologically, "creep" refers to the slow, gradual movement of soil or debris down a slope, typically occurring at the rates specified in the bill (at least one inch per year). In contrast, landslides are generally understood to involve a much faster movement of earth materials, often triggered by specific events like heavy rains or earthquakes. This distinction is critical for emergency management, as the response strategies and potential impacts on public safety and infrastructure can vary significantly between slow-moving creeps and rapid landslides.

Should this bill move forward, the author may wish to reconsider how to define “landslide,” and/or whether or not the definition belongs here and simply remove it instead.

Prior/Related Legislation

AB 1786 (Rodriguez, 2024) among other things, adds “climate change” and “climate change exacerbated conditions” to the list of conditions for which a state of emergency or local emergency may be proclaimed. (Pending in the Assembly Emergency Management Committee)

SB 468 (Dodd, Chapter 537, Statutes of 2022) added “electromagnetic pulse attack” to the list of conditions constituting a state of emergency or local emergency.

SB 52 (Dodd, Chapter 597, Statutes of 2021) added a “deenergization event” to the list of those conditions constituting a local emergency, with prescribed limitations.

AB 1403 (Levine, 2021) would have added “deenergization event” to the list of conditions constituting a state of emergency and local emergency, as specified. (Vetoed by Governor Newsom)

SB 1455 (Hertzberg, 2020) would have added “electromagnetic pulse attack” to the list of conditions constituting a state of emergency or local emergency. (Never referred by the Senate Rules Committee)

AB 2178 (Levine, 2020) would have included “deenergization” defined as a planned public safety power shutoff, as specified, to the list of conditions constituting a state of emergency and local emergency. (Never heard in the Senate Governmental Organization Committee)

SB 231 (Galgiani, 2019) would have revised the definition of a local emergency to include conditions of disaster or extreme peril to the safety of persons and property within the territorial limits of a district established under the Harbors and Navigation Code, as specified. (Never heard in the Senate Governmental Organization Committee)

SB 531 (Galgiani, 2017) would have revised the definition of a local emergency to include conditions of disaster or extreme peril to the safety of persons and property within the territorial limits of a district established under the Harbors and Navigation Code, as specified. (Vetoed by Governor Brown)

SB 532 (Dodd, Chapter 557, Statutes of 2017) added “cyberterrorism” to the list of conditions constituting a state of emergency and a local emergency.

AB 2306 (Donnelly, 2012) would have added “border security” to the list of conditions that constitute a state of emergency or local emergency for purposes of the ESA. (Failed passage in the Assembly Governmental Organization Committee)

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

SUPPORT:

None received

OPPOSITION:

None received