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
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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
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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
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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'
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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
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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
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