BILL ANALYSIS ------------------------------------------------------------ |SENATE RULES COMMITTEE | SB 27| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ 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 SB 27 Page 2 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 SB 27 Page 3 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 SB 27 Page 4 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 SB 27 Page 5 SUPPORT/OPPOSITION: SEE ABOVE **** END ****