BILL NUMBER: SB 548	CHAPTERED  07/25/07

	CHAPTER  127
	FILED WITH SECRETARY OF STATE  JULY 25, 2007
	APPROVED BY GOVERNOR  JULY 25, 2007
	PASSED THE SENATE  JULY 20, 2007
	PASSED THE ASSEMBLY  JULY 20, 2007
	AMENDED IN ASSEMBLY  JULY 16, 2007
	AMENDED IN ASSEMBLY  JULY 5, 2007
	AMENDED IN SENATE  JUNE 4, 2007
	AMENDED IN SENATE  APRIL 10, 2007

INTRODUCED BY   Senator Hollingsworth

                        FEBRUARY 22, 2007

   An act to add and repeal Section 8690.6 of the Government Code,
relating to emergency services, making an appropriation therefor, and
declaring the urgency thereof, to take effect immediately.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 548, Hollingsworth. California Emergency Services Act.
   The California Emergency Services Act established the Disaster
Response-Emergency Operations Account in the Special Fund for
Economic Uncertainties, and continuously appropriated moneys in the
account for allocation by the Director of Finance to state agencies
for qualifying disaster response operation costs for specified
activities. Those provisions were repealed as of July 1, 2007.
   This bill would, until January 1, 2009, reenact the above repealed
provisions. By creating a continuously appropriated fund, this bill
would make an appropriation.
   This bill would declare that it is to take effect immediately as
an urgency statute.
   Appropriation: yes.


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

  SECTION 1.  Section 8690.6 is added to the Government Code, to
read:
   8690.6.  (a) The Disaster Response-Emergency Operations Account is
hereby established in the Special Fund for Economic Uncertainties.
Notwithstanding Section 13340, moneys in the account are continuously
appropriated, subject to the limitations specified in subdivisions
(c) and (d), without regard to fiscal years, for allocation by the
Director of Finance to state agencies for disaster response operation
costs incurred by state agencies as a result of a proclamation by
the Governor of a state of emergency, as defined in subdivision (b)
of Section 8558. These allocations may be for activities that occur
within 120 days after a proclamation of emergency by the Governor.
   (b) It is the intent of the Legislature that the Disaster
Response-Emergency Operations Account have an unencumbered balance of
one million dollars ($1,000,000) at the beginning of each fiscal
year. If this account requires additional moneys to meet claims
against the account, the Director of Finance may transfer moneys from
the Special Fund for Economic Uncertainties to the account in an
amount sufficient to pay the amount of the claims that exceed the
unencumbered balance in the account.
   (c) Funds shall be allocated from the account subject to the
conditions of this section and upon notification by the Director of
Finance to the Chairperson of the Joint Legislative Budget Committee
and the chairpersons of the fiscal committees in each house.
   (d) Notwithstanding any other law, authorizations for
acquisitions, relocations, and environmental mitigations related to
activities, as described in subdivision (a), shall be authorized
pursuant to this section. However, these funds shall be authorized
only for needs that are a direct consequence of the proclaimed
emergency if failure to undertake the project may interrupt essential
state services or jeopardize public health or safety. In addition,
any acquisition accomplished under this subdivision shall comply with
any otherwise applicable law, except as provided in the first
sentence of this subdivision.
   (e) No funds allocated under this section shall be used to
supplant federal funds otherwise available in the absence of state
financial relief.
   (f) The amount of financial assistance provided to an individual,
business, or governmental entity under this section, or pursuant to
any other program of state-funded disaster assistance, shall be
deducted from sums received in payment of damage claims asserted
against the state, its agents, or employees, for causing or
contributing to the effects of the proclaimed disaster.
   (g) No public entity administering disaster assistance to
individuals shall receive funds under this section unless it
administers that assistance pursuant to the following criteria:
   (1) All applications, forms, and other written materials presented
to persons seeking assistance shall be available in English and in
the same language as that used by the major non-English-speaking
group within the disaster area.
   (2) Bilingual staff who reflect the demographics of the disaster
area shall be available to applicants.
   (h) This section shall remain in effect only until January 1,
2009, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2009, deletes or extends
that date.
  SEC. 2.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
   In order that the Disaster Response-Emergency Operations Account
established pursuant to Section 8690.6 of the Government Code may
continue in uninterrupted existence, it is necessary that this act
take effect immediately.