BILL NUMBER: SB 426	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 12, 2007
	AMENDED IN SENATE  MARCH 28, 2007

INTRODUCED BY   Senator Kehoe

                        FEBRUARY 21, 2007

   An act to add Section 8587.2 to the Government Code, relating to
emergency services.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 426, as amended, Kehoe. Emergency services: access and
functional needs coordination.
   Existing law sets forth the authority and duties of the Office of
Emergency Services in overseeing emergency preparedness and response
activities in the state generally. The Director of the Office of
Emergency Services is required to appoint representatives of the
disabled community to serve on the evacuation, sheltering,
communication, recovery, and other pertinent standardized emergency
management system  committee   committees 
, and within the system structure, to ensure, to the extent
practicable, that the needs of the disabled community are met by
ensuring all committee recommendations in this regard include the
needs of people with disabilities.
   This bill would require the director to create the position of
Deputy Director for Access and Functional Needs Coordination within
the office, who shall be responsible for  creating an
  ensuring that  access and functional needs
 state plan   are included in all state plans
related to emergency preparedness, planning, and response  , and
performing specified duties with respect to the oversight and
implementation of emergency preparedness and response activities
related to persons with functional limitations and disabilities. The
bill would express the intent of the Legislature that, to the extent
permitted by federal law, federal homeland security grant funds be
used to implement these provisions.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  The Legislature finds and declares as follows:
   (a) Approximately 23 percent of Californians have functional or
communication needs, or both, that require advanced planning,
education, and training of emergency personnel to provide timely and
adequate evacuation during an emergency.
   (b) People with disabilities or functional limitations include
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. 
This includes people with a diverse variety of   visual,
hearing, mobility, cognitive, emotional, and psychiatric limitations.

   (c) This large population is made up of individuals of all ages,
ethnicities speaking all languages, and at every income level. It is
not uncommon for individuals to live with multiple functional
limitations. Adults in this population primarily live independently
in the community,  and have a variety of visual, hearing,
mobility, cognitive, emotional, and psychiatric limitations.
 while some live in congregate facilities and
institutional settings. 
  SEC. 2.  Section 8587.2 is added to the Government Code, to read:
   8587.2.  (a) The Director of the Office of Emergency Services
shall create the position of Deputy Director for Access and
Functional Needs Coordination within the office. This individual
shall be responsible for  creating an access and functional
needs state plan   ensuring that access and functional
needs are included in all state plans related to emergency
preparedness, planning, and response  , overseeing the training
of emergency personnel  for its implementation  
regarding access and functional needs  , and coordinating with
state and local agencies to ensure that  the plan is
  access and functional needs are  included in all
state disaster preparedness documents and training.
   (b) The deputy director shall oversee and ensure adequate planning
that incorporates the diverse needs of people with functional
limitations and disabilities in all state preparedness, response, and
recovery activities. This includes, but is not limited to, building
capacity so that emergency programs and services are accessible to,
accommodate, and are inclusive of these populations and minimize
adverse impacts.
   (c) The deputy director shall ensure that community-based
organizations serving populations with functional limitations and
disabilities are integrated into the planning and implementation of
all state disaster preparedness documents and training.
   (d) The deputy director shall be responsible for the ongoing
coordination of the disability community participation in the
standardized emergency management system specialist committees
pursuant to Section 8588.15, and shall ensure that recommendations
made by these committees regarding preparedness, planning,  and
response  procedures, and other items pertaining to people with
disabilities and functional limitations are reported to the Director
of the Office of Emergency Services.
   (e) Notwithstanding Section 7550.5, the deputy director shall
track and report annually to the Legislature on the committee
recommendations made pursuant to Section 8588.15, and the
effectiveness and implementation of  the  access and
functional needs  state plan   in all state
plans and activities related to emergency preparedness, planning, and
response  . The report shall also be made available to the
public.
   (f) The Director of the Office of Emergency Services shall also
create functional assessment and service teams (FAST) under the
direction of the deputy director, to consist of trained and
registered community-based organizations and nongovernmental
organization personnel ready to respond to and be deployed to
disaster areas. The purpose of the teams shall be to plan for and
offer service assistance to populations with functional limitations
during emergencies.
   (g) For the purposes of this section, "functional limitation"
includes, but is not limited to, any condition that reduces an
individual's ability to move, see, hear, learn, communicate, or
maintain independence. Individuals with functional limitations may or
may not identify as a "person with a disability."
  SEC. 3.  It is the intent of the Legislature that to the extent
permitted by federal law, federal homeland security grant funds
allocated by the Office of Emergency Services be used to implement
Section 8587.2 of the Government Code, as added by Section 2 of this
act.