BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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                              UNFINISHED BUSINESS


          Bill No:  SB 27
          Author:   Simitian (D), et al
          Amended:  8/19/08
          Vote:     21

           
           PRIOR VOTES NOT RELEVANT
           
           ASSEMBLY FLOOR  :  78-0, 8/21/08 - See last page for vote


           SUBJECT  :    Sacramento-San Joaquin Delta Emergency  
          Preparedness 
                      Act of 2008

           SOURCE  :     Author


          DIGEST  :    This bill requires the Office of Emergency  
          Services to establish an interagency Multi-Hazard  
          Coordination Task Force" to develop an emergency response  
          strategy for the Sacramento-San Joaquin Delta.  

           Assembly Amendments  delete the Senate version which stated  
          the intent of the Legislature to enact legislation to begin  
          implementing a program for sustainable management of the  
          Sacramento-San Joaquin River Delta.  This bill now enacts  
          the Sacramento-San Joaquin Delta Emergency Preparedness Act  
          of 2008.

           ANALYSIS  :    Existing law authorizes the Office of  
          Emergency Services (OES), the Delta Protection Commission  
          (DPC), the Department of Water Resources (DWR) and the  
                                                           CONTINUED





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          Central Valley Flood Protection Board to respond to  
          emergencies in the Sacramento-San Joaquin Delta (Delta).   
          Counties are responsible for saving human life.

          This bill:

          1.States legislative intent that local governments should  
            not forfeit existing powers but should work cooperatively  
            with certain identified state agencies to coordinate  
            state and local emergency responses to the Delta.

          2.This bill enacts the Sacramento-San Joaquin Delta  
            Emergency Preparedness Act of 2008, which requires OES to  
            establish an interagency Multi-Hazard Coordination Task  
            Force (Task Force) for the Delta upon funding made  
            available for that purpose.

          3.Designates Task Force membership to include OES, DPC, DWR  
            and a single representative of each of the five Delta  
            counties.

          4.Requires the Task Force to:

             A.    Make recommendations on creation of an interagency  
                unified command system.

             B.    Coordinate development of a draft emergency  
                preparedness and response strategy for the Delta  
                Region.

             C.    Develop and conduct an all-hazard emergency  
                response exercise in the Delta to rest regional  
                coordination protocols already in place.

          5.Requires the Task Force to submit a report with its  
            strategy and recommendations to the Legislature and the  
            Governor, and to cease existence on or before January 1,  
            2011.

          6.Sunsets the Task Force and repeals statute on January 1,  
            2011.

           Comments  








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          According to the Assembly Third Reading analysis, this bill  
          adopts the call of the Delta Vision Blue Ribbon Task Force  
          to start immediately in preparing for an emergency in the  
          Delta.  The Governor appointed the Delta Vision Task Force  
          to "develop a durable vision for sustainable management" of  
          the Delta.  The November 2007 Delta Vision recommendations  
          for immediate action included improvements to emergency  
          preparedness of state and local agencies in the Delta

          In response to those recommendations, the Schwarzenegger  
          Administration assigned the DPC to implement the emergency  
          preparedness recommendations.  The DPC has convinced the  
          five Delta counties to execute a Memorandum of  
          Understanding, committing to coordination of Delta  
          emergency preparation and response, in conjunction with  
          state and federal agencies with emergency response duties.   
          The DPC initiative arose out of Hurricane Katrina and  
          subsequent legislative hearings showing the serious  
          deficiencies in Delta emergency preparedness for levee  
          failures.  The DPC is the one Delta agency with links to  
          both state and local agencies as well as responsibility for  
          protection of Delta resources, through its resource  
          management plan.  Several provisions of this bill originate  
          in recommendations from DPC staff.

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

          According to the Assembly Appropriations Committee, costs  
          of $350,000 to implement the Delta Vision recommendations,  
          which include the Task Force requirements.

          SUPPORT  :   (Verified  8/22/08)

          Counties of Contra Costa, Sacramento, San Joaquin, and Yolo
          MWD of Southern California

           OPPOSITION  :    (Verified  8/22/08)

          Central Valley Flood Control District

           ARGUMENTS IN SUPPORT  :    This bill implements some of Delta  
          Vision's November 2007 recommendations for near-term  
          actions to address immediate and serious flood risks in the  







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          Delta due to levee failure.  Though the Governor has  
          responded to these recommendations by assigning the DPC to  
          implement the recommendations related to emergency  
          preparedness, this bill codifies that action.  Delta Vision  
          also recommended emergency response drills and the  
          stockpiling of emergency materials and supplies to quickly  
          respond to a Delta levee breach.

           ARGUMENTS IN OPPOSITION  :    The opposition contends that  
          this bill will create a great deal of uncertainty for  
          reclamation districts that are responsible for the  
          operation and maintenance of project and non-project levees  
          and emergency response related thereto.  The opposition  
          states that under this bill "Reclamation districts would  
          not be a member of the taskforce proposed by SB 27."  The  
          opposition asserts that currently the Department of Water  
          Resources is authorized to establish a multi-agency  
          emergency response team consisting of various state and  
          federal agencies to advise on methods to ensure that levee  
          emergencies will be resolved as quickly and safely as  
          possible.  The opposition asserts that it is unclear how  
          the SB 27 interagency unified command system would relate  
          to the current response model for levee emergencies.  
           

           ASSEMBLY FLOOR  : 
          AYES:  Adams, Aghazarian, Anderson, Arambula, Beall,  
            Benoit, Berg, Berryhill, Blakeslee, Brownley, Caballero,  
            Charles Calderon, Carter, Cook, Coto, Davis, De La Torre,  
            De Leon, DeSaulnier, DeVore, Duvall, Dymally, Emmerson,  
            Eng, Evans, Feuer, Fuentes, Fuller, Furutani, Gaines,  
            Galgiani, Garcia, Garrick, Hancock, Hayashi, Hernandez,  
            Horton, Houston, Huff, Huffman, Jeffries, Jones,  
            Karnette, Keene, Krekorian, La Malfa, Laird, Leno,  
            Levine, Lieber, Lieu, Ma, Maze, Mendoza, Mullin,  
            Nakanishi, Nava, Niello, Nunez, Parra, Plescia,  
            Portantino, Price, Ruskin, Salas, Saldana, Silva, Smyth,  
            Solorio, Spitzer, Strickland, Swanson, Torrico, Tran,  
            Villines, Walters, Wolk, Bass
          NO VOTE RECORDED:  Sharon Runner, Soto


          CTW:cm  8/23/08   Senate Floor Analyses 








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                         SUPPORT/OPPOSITION:  SEE ABOVE

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