BILL ANALYSIS Bill No: AB 1930 SENATE COMMITTEE ON GOVERNMENTAL ORGANIZATION Senator Dean Florez, Chair 2007-2008 Regular Session Staff Analysis AB 1930 Author: Torrico As Amended: May 6, 2008 Hearing Date: June 24, 2008 Consultant: Chris Lindstrom SUBJECT Emergency services: populations with limited English proficiency. DESCRIPTION AB 1930 requires the Office of Emergency Services (OES) to take measures to help people with limited English proficiency (LEP) prepare for emergencies and understand information conveyed during emergencies, such as utilizing bilingual persons in public contact positions, and coordinating with organizations that represent the needs of LEP persons in order to disseminate guidance to local and regional governmental entities. Specifically, this bill: 1)Provides that the Director of OES shall take into consideration the multiple languages and the needs of populations with LEP during emergency preparedness planning, response, and recovery, including when developing committee recommendations within the Standardized Emergency Management System (SEMS) structure, drafting guidance for local and regional governmental entities, and reviewing emergency plans of state, regional, and local governmental entities. 2)Provides that the Director of OES shall incorporate local ethnic community-based organizations and ethnic media outlets in the communication plan so that they may be alerted about information regarding emergency AB 1930 (Torrico) continued Page 2 preparedness, response, and recovery. 3)Specifies that the Director of OES shall utilize a registry of qualified bilingual persons in public contact positions, as defined, to assist with emergency preparedness, response, and recovery. 4)Provides that in using this registry, the Director of OES shall also identify and address populations without adequate qualified bilingual persons in public contact positions. 5)Provides that the Director of OES shall incorporate the needs of populations with LEP in all emergency preparedness, response, and recovery training and exercises, including the exercises identified in the statewide exercise strategy. 6)Requires the Director of OES to provide local ethnic community-based organizations and ethnic media outlets with emergency information and to use a registry of qualified bilingual persons in public contact positions, as defined, to assist in emergencies. 7)Requires the Director of OES to provide specified information to local and regional governmental entities to improve emergency preparedness, response, and recovery for populations who have LEP. 8)Makes legislative findings and declarations. EXISTING LAW Existing law, the California Emergency Services Act, establishes OES and sets forth the duties and authority of OES in overseeing and coordinating various emergency response programs in the state. OES is responsible for assuring the state's readiness to respond to and recover from the effects of emergencies that threaten lives, property, and the environment. OES assists local governments and state agencies in developing their emergency preparedness, response, recovery and mitigation plans, in accordance with the State Emergency Plan. Existing law provides that the Director of OES is responsible for coordinating the emergency activities of AB 1930 (Torrico) continued Page 3 all state agencies in connection with a state emergency. Existing law requires the Director of OES to appoint representatives of the disabled community to serve on Standardized Emergency Management System (SEMS) committees. Requires the Director of OES to ensure that all SEMS committee recommendations regarding preparedness, planning, and procedures relating to emergencies include the needs of people with disabilities. Existing law establishes the Emergency Council to act as an advisory body to the Governor in times of emergency and on matters of emergency preparedness. Requires the Emergency Council to publish a biennial report on the state of emergency preparedness for catastrophic disasters. Requires the report to include information from the after action analysis of disasters in the preceding two years, research directed by the Emergency Council, and surveys of local and state emergency response agencies. Requires the report to also include a summary of strategic actions necessary to address identified gaps in emergency preparedness and an evaluation of previous efforts to close gaps identified in previous reports, audits, and independent analyses. Existing law requires OES to develop model guidelines for local government agencies and community-based organizations planning to develop a disaster registry program. Specifies that adoption of the model guidelines is voluntary. Requires the guidelines to: 1) Specify the intent of the registry is to encourage that those registered will receive a phone call or visit from neighborhood disaster volunteers as soon as possible after the disaster; 2) Establish a list of persons eligible for the registry, including disabled persons (including persons with developmental disabilities), the elderly, those for whom English is not a first language, persons who are unskilled or deficient in the English language, long-term health care facilities, residential community care facilities, and residential care facilities for the elderly; 3) Contain a statement specifying that the party AB 1930 (Torrico) continued Page 4 responsible for responding to those registered will not be held liable for not responding; and, 4) Contain a plan for ensuring that hard data is available if computers shut down. Existing law defines a "bilingual person" as a person who is proficient in both the English language and the foreign language to be used. Defines "a sufficient number of qualified bilingual persons in public contact positions" as the number required to provide the same level of services to non-English-speaking persons as is available to English-speaking persons seeking services. BACKGROUND Purpose of the bill. According to the author's office, in California, nearly half of the population (40%) speaks a language other than English at home and approximately 7,000,000 residents are limited English proficient (LEP). Recent disasters have highlighted the vulnerabilities of individuals with limited proficiency in English during an emergency. Within the disaster areas of Hurricane Katrina and Hurricane Rita, there were at least 19,641 individuals who spoke English with difficulty. The traumatic effects of these disasters were further exacerbated for these individuals when the only evacuation orders they received were in English. Closer to home, the recent wildfires in southern California struck parts of cities with significant LEP populations, potentially affecting 300,000 such individuals. News reports highlighted the frustration and confusion during evacuations for individuals unable to understand English. The Little Hoover Commission has also highlighted the need for developing plans to ensure the needs of vulnerable populations, including those with limited proficiency in English, will be met during a catastrophe. The author maintains, "with California's extraordinary language diversity, the state has a responsibility to take necessary steps to ensure emergency preparedness, response and recovery to address the needs of LEP residents." Background. Reports on recent disasters have highlighted the vulnerabilities of individuals with limited English AB 1930 (Torrico) continued Page 5 proficiency in emergencies. A report presented to the Congressional Asian Pacific American Caucus highlighted the lack of evacuation orders in any non-English language during the Hurricane Katrina disaster, leaving individuals with limited English proficiency vulnerable. The Little Hoover Commission highlighted the need for developing plans to ensure that the needs of vulnerable populations, including those with limited English proficiency, will be met during a catastrophe. Overall, local governments are responsible to ensure that their planning and preparedness activities address the needs of vulnerable populations. Given the magnitude of such an effort and recognizing the state's role in assuring the state's readiness to respond to and recover from disasters, OES has partnered with state agencies to provide assistance and resources to local governments and community based organizations to develop plans to address the needs of vulnerable populations. For example, the California Health and Human Services Agency (CHHSA), departments and OES are developing plans for the evacuation and sheltering of vulnerable populations and the Community Care Licensing Division of the California Department of Social Services (CDSS) ensures that all organizations under their regulation have emergency response and evacuation plans in place. The state, however, does not have specific emergency preparedness and response strategy to address the language, cultural and other needs of the state's diverse communities. This bill intends to establish a strategy for the state to address the needs of large number of limited English populations in California to better prepare for and respond to emergencies. Arguments in support. Proponents write in that "California is home to more than six million LEP individuals and, in cases of emergency or natural disasters, these communities must receive lifesaving information in their native language. Sadly, real life situations have illustrated the effects a lack of emergency communications in languages other than English have on LEP individuals. During the Hurricane Katrina disaster, at least 70 LEP Jamaican, Peruvian, and Brazilian immigrants died in their homes because warnings and evacuation notices were only announced in English. AB 1930 will strengthen partnerships among OES and ethnic media and community based organizations, develop guidance to assist local entities, and improve agencies' AB 1930 (Torrico) continued Page 6 capacity to communicate in multiple languages about emergency preparedness." PRIOR/RELATED LEGISLATION AB 615 (Torrico), 2007-2008 Legislative Sessions . Would have required OES to consider the needs of people with limited English proficiency in creating emergency and disaster response plans. (Died in Assembly Appropriations) SB 426 (Kehoe), 2007-2008 Legislative Session . Would have established a "Deputy Director for Access and Functional Needs Coordination" position within OES, responsible for preparedness, response and recovery services for individuals of all ages with functional limitations and disabilities - persons who have one or more functional limitations that reduce their ability to move, see, hear, walk, speak, learn, breathe, understand information, respond quickly, or manipulate or reach controls. (Died in Senate Appropriations) AB 103 (Cohn), Chapter 696, Statutes of 2006 . Requires the State Department of Education to electronically distribute disaster preparedness educational materials and lesson plans that are currently available to local school districts and county offices of education in at least the 3 most dominant primary languages spoken by English learners in California. Requires the Department of Education to coordinate with OES to make sure that all materials are reviewed and updated, annually. SB 1451 (Kehoe), Chapter 600, Statutes of 2006 . Requires OES to ensure that members of the disabled community are represented on all pertinent SEMS Specialist Committees to ensure that the needs of people with disabilities are met during emergency and disaster situations. Requires OES to submit a report to the Legislature and appropriate state and local agencies by January 1, 2009 containing recommendations regarding emergency preparedness and the needs of people with disabilities. Requires OES to prepare and disseminate sample brochures and other materials on the emergency preparedness and evacuations needs of the disabled community. Requires OES and the Office of the State Fire Marshal to seek research funding in order to develop new technologies and information systems that will AB 1930 (Torrico) continued Page 7 assist in the effort to improve emergency services to people with disabilities. SB 546 (Dutton), Chapter 232, Statutes of 2005 . Authorizes OES to share facilities and systems with private businesses and nonprofit organizations in a voluntary program that integrates private sector emergency preparedness measures into governmental disaster planning programs to the extent that the cost of the program is reimbursed by the private sector. SUPPORT: (As of June 20, 2008) American Civil Liberties Union Applied Research Center Asian Americans for Civil Rights & Equality California Association of Nonprofits California Church IMPACT California Professional Firefighters JERICHO Latino Coalition for a Healthy California Little Hoover Commission Mexican American Legal Defense and Educational Fund (MALDEF) OPPOSE: (As of June 20, 2008) None on file. FISCAL COMMITTEE: Senate Appropriations Committee **********