BILL NUMBER: AB 2791 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 24, 2010
PASSED THE ASSEMBLY AUGUST 26, 2010
AMENDED IN SENATE AUGUST 20, 2010
INTRODUCED BY Committee on Governmental Organization (Coto (Chair),
Anderson (Vice Chair), Bradford, Chesbro, Cook, Evans, Galgiani,
Hall, Hill, Jeffries, Lieu, Mendoza, Nestande, V. Manuel Perez,
Portantino, Silva, Torres, Torrico, and Tran)
MARCH 17, 2010
An act to amend Sections 10147 and 10149 of the Business and
Professions Code, to amend Section 1218 of the Code of Civil
Procedure, to amend Sections 32282, 32282.5, 35296, 51264, 51266,
51266.5, 51269, 66210, 71095, and 94600 of the Education Code, to
amend Section 298 of the Family Code, to amend Sections 3862 and 3863
of the Fish and Game Code, to amend Sections 179.7, 955.1, 3102,
6254.23, 8574.20, 8574.21, 8576, 8579, 8585, 8585.1, 8585.2, 8585.5,
8585.7, 8588, 8588.1, 8588.2, 8588.3, 8588.5, 8588.11, 8588.15,
8589.10, 8589.11, 8589.12, 8589.13, 8589.14, 8589.15, 8589.16,
8589.17, 8589.18, 8589.19, 8589.20, 8589.21, 8590.1, 8590.2, 8590.3,
8590.4, 8591, 8592.1, 8593.6, 8596, 8607, 8607.2, 8608, 8610, 8610.3,
8612, 8613, 8614, 8639, 8651, 8657, 8657.5, 8670.20, 8670.25.5,
8670.26, 8670.64, 8680.7, 8685, 8685.2, 8685.4, 8685.6, 8685.8,
8686.2, 8686.3, 8686.4, 8686.8, 8687, 8687.2, 8687.4, 8687.7, 8692,
8696.5, 8697, 8697.5, 8840, 8841, 8844, 8870.2, 8870.4, 8870.7,
8870.71, 8871.3, 8871.4, 8876.7, 8878.52, 8878.90, 8878.100,
8878.125, 8879.23, 8879.50, 8879.53, 8879.57, 8879.58, 8879.60,
8879.61, 11126, 11549.4, 12800, 14669.21, 19844.5, 26614, 51018,
65302, 65302.6, 66540.5, and 66540.32 of, to amend the heading of
Article 5 (commencing with Section 8550) of Chapter 7 of Division 1
of Title 2 of, to add Sections 8585.05 and 8588.12 to, to repeal
Sections 8581.5, 8588.4, 8589.22, 8592.6, 8593.4, 8601, and 9147.5
of, and to repeal and add Section 8588.10 of, the Government Code, to
amend Sections 1596.867, 1797.132, 1797.150, 1797.151, 1797.152,
1797.153, 11998.1, 13071, 13073, 13140.5, 13143.9, 18603, 25169.7,
25197.2, 25210.6, 25270.8, 25299.1, 25359.4, 25404.3, 25501, 25502 ,
25503, 25503.1, 25503.3, 25503.4, 25503.5, 25503.9, 25505.2, 25507,
25507.1, 25509, 25517.5, 25520, 25531.2, 25545, 50661.5, 51614,
101080.2, 105215, 114650, 114655, 114660, 114790, 114820, 115280,
115295, 115340, 124174.2, and 130055 of, and to amend the heading of
Article 2 (commencing with Section 114660) of Chapter 4 of Part 9 of
Division 104 of, the Health and Safety Code, to amend Sections 16020
and 16030 of the Insurance Code, to amend Sections 3211.91 and 4350
of the Labor Code, to amend Section 433.5 of the Military and
Veterans Code, to amend Sections 273.82, 830.3, 999c, 999j, 999k,
999n, 999p, 999r, 999s, 999v, 999x, 999y, 1174.2, 1191.21, 6241,
11160, 11160.1, 11161.2, 11171, 11174.34, 11501, 11502, 11504,
13100.1, 13800, 13820, 13823, 13823.2, 13823.3, 13823.4, 13823.5,
13823.6, 13823.9, 13823.93, 13823.12, 13823.13, 13825, 13826.1,
13826.15, 13826.62, 13826.7, 13827, 13827.1, 13827.2, 13830, 13832,
13833, 13835.2, 13835.6, 13835.7, 13835.10, 13836, 13836.1, 13843,
13844, 13846, 13847, 13847.2, 13851, 13854, 13861, 13864, 13881,
13887.5, 13897.2, 13897.3, 13901, 14111, 14112, 14117, 14118, 14119,
14120, 14121, and 14140 of, to amend the heading of Chapter 3
(commencing with Section 13820) of Title 6 of Part 4 of, and to add
Section 14113 to, the Penal Code, to amend Sections 715, 2802, 2803,
2811, 2814, 2815, 3233, 25701, and 43035 of the Public Resources
Code, to amend Sections 2774.5, 2872.5, 2892.1, 7661, 7662, 7663,
7665.2, 7665.3, 7665.4, 7673, 7710, and 7718 of, and to add Section
7665.1 to, the Public Utilities Code, to amend Section 97.2 of the
Revenue and Taxation Code, to amend Sections 165, 5066, 9706,
23112.5, 25258, and 34061 of the Vehicle Code, to amend Sections 128,
6025.6, 12994, 13271, 13272, 73503, and 79522 of the Water Code, and
to amend Sections 1789, 9625, 14085.54, 18277, 18278, and 18278.5
of, to add Section 18275.5 to, and to repeal Section 1789.5 of, the
Welfare and Institutions Code, relating to the California Emergency
Management Agency.
LEGISLATIVE COUNSEL'S DIGEST
AB 2791, Committee on Governmental Organization. California
Emergency Management Agency.
Existing law creates the California Emergency Management Agency
and requires it to perform a variety of duties with respect to
specified emergency preparedness, mitigation, and response activities
in the state. Prior to the creation of the California Emergency
Management Agency, these activities were the responsibility of the
Governor's Office of Emergency Services and the Office of Homeland
Security. The Budget Act of 2003 eliminated the Office of Criminal
Justice Planning, and its responsibilities for administering a
variety of planning, training, education, and crime suppression and
mitigation programs ultimately were assigned to the Office of
Emergency Services.
This bill would make conforming changes to reference the
California Emergency Management Agency and the Secretary of Emergency
Management as the entities responsible for the programs and
activities described above. The bill would require, beginning July 1,
2011, that the agency report biennially to the Legislature, as
specified, and delete other reporting requirements, both current and
previously due. The bill would require the secretary to establish a
Curriculum Development Advisory Committee, which would make
recommendations regarding terrorism awareness curriculum and response
training and would eliminate the Emergency Response Training
Advisory Committee. Among other things, the bill would also eliminate
the requirement that the Seismic Safety Commission establish an
urban search and rescue emergency response advisory committee and the
responsibility of the California Emergency Management Agency to
monitor, evaluate, and report on various projects related to runaway
youth. This bill would make technical nonsubstantive changes.
Existing law defines specified persons as peace officers and
provides that these peace officers may carry firearms under the terms
and conditions of their employment as specified by their employing
agencies. Existing law authorizes the Director of Consumer Affairs to
designate 3 persons as peace officers to be assigned to the special
investigations unit of the Contractors' State License Board.
This bill would authorize the director to designate 12 persons as
peace officers for assignment to the special investigations unit of
the Contractors' State License Board.
This bill would provide that specified sections will not become
operative if AB 2408 of the 2009-10 Regular Session amends those
sections and is enacted prior to this bill.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 10147 of the Business and Professions Code is
amended to read:
10147. (a) On or before January 1, 1993, the Seismic Safety
Commission shall develop, adopt, and publish a Commercial Property
Owner's Guide to Earthquake Safety for distribution to licensees for
purposes of Section 2079.9 of the Civil Code and, upon request, to
any member of the general public.
(b) In developing the guide, the Seismic Safety Commission shall
consult with the California Emergency Management Agency, the Division
of Mines and Geology of the Department of Conservation, the
Department of Real Estate, and other interested agencies and persons.
(c) The commission shall, to the extent possible, rely on
currently available data to develop the guide. To the extent
necessary, the commission may contract for the development and
production of the guide. The commission shall update the contents of
the guide whenever it determines that information within the guide is
sufficiently inaccurate or incomplete so as to reduce the
effectiveness of the guide. The commission shall charge a fee to
cover the costs of production, distribution, development, and
updating the guide.
(d) The guide shall include, but need not be limited to, all of
the following:
(1) Maps and information on geologic and seismic hazard conditions
in the state.
(2) Explanations of typical structural and nonstructural
earthquake hazards.
(3) Recommendations for mitigating the hazards of an earthquake,
including references and explanations of what constitutes "adequate
wall anchorage" as defined in Section 8893.1 of the Government Code.
(4) A statement that there are no guarantees of safety or damage
prevention that can be made with respect to a major earthquake and
that only precautions, such as retrofitting, can be taken to reduce
the risk of various types of earthquake damage. For purposes of
preparing the statement, the commission shall confer with insurers
and design professional associations.
(5) Notice of the obligation to post a sign as required by Section
8875.8 of the Government Code.
SEC. 2. Section 10149 of the Business and Professions Code is
amended to read:
10149. (a) On or before July 1, 1992, the Seismic Safety
Commission shall develop, adopt, and publish a Homeowner's Guide to
Earthquake Safety for distribution to licensees for purposes of
Section 2079.8 of the Civil Code and, upon request, to any member of
the general public.
(b) In developing the guide, the Seismic Safety Commission shall
consult with the California Emergency Management Agency, the Division
of Mines and Geology of the Department of Conservation, the
Department of Real Estate, and other interested agencies and persons.
(c) The commission shall, to the extent possible, rely on
currently available data to develop the guide. To the extent
necessary, the commission may contract for the development and
production of the guide. The commission shall update the contents of
the guide whenever it determines that information within the guide is
sufficiently inaccurate or incomplete so as to reduce the
effectiveness of the guide. The commission shall charge a fee to
cover the costs of production, distribution, development, and
updating the guide.
(d) The guide shall include, but need not be limited to, all of
the following:
(1) Maps and information on geologic and seismic hazard conditions
for all areas of the state.
(2) Explanations of the related structural and nonstructural
hazards.
(3) Recommendations for mitigating the hazards of an earthquake.
(4) A statement that there are no guarantees of safety or damage
prevention that can be made with respect to a major earthquake and
that only precautions, such as retrofitting, can be taken to reduce
the risk of various types of earthquake damage. For purposes of
preparing the statement, the commission shall confer with insurers
and design professional associations.
SEC. 3. Section 1218 of the Code of Civil Procedure is amended to
read:
1218. (a) Upon the answer and evidence taken, the court or judge
shall determine whether the person proceeded against is guilty of the
contempt charged, and if it be adjudged that he or she is guilty of
the contempt, a fine may be imposed on him or her not exceeding one
thousand dollars ($1,000), payable to the court, or he or she may be
imprisoned not exceeding five days, or both. In addition, a person
who is subject to a court order as a party to the action, or any
agent of this person, who is adjudged guilty of contempt for
violating that court order may be ordered to pay to the party
initiating the contempt proceeding the reasonable attorney's fees and
costs incurred by this party in connection with the contempt
proceeding.
(b) No party, who is in contempt of a court order or judgment in a
dissolution of marriage, dissolution of domestic partnership, or
legal separation action, shall be permitted to enforce such an order
or judgment, by way of execution or otherwise, either in the same
action or by way of a separate action, against the other party. This
restriction shall not affect nor apply to the enforcement of child or
spousal support orders.
(c) In any court action in which a party is found in contempt of
court for failure to comply with a court order pursuant to the Family
Code, the court shall order the following:
(1) Upon a first finding of contempt, the court shall order the
contemner to perform community service of up to 120 hours, or to be
imprisoned up to 120 hours, for each count of contempt.
(2) Upon the second finding of contempt, the court shall order the
contemner to perform community service of up to 120 hours, in
addition to ordering imprisonment of the contemner up to 120 hours,
for each count of contempt.
(3) Upon the third or any subsequent finding of contempt, the
court shall order both of the following:
(A) The court shall order the contemner to serve a term of
imprisonment of up to 240 hours, and to perform community service of
up to 240 hours, for each count of contempt.
(B) The court shall order the contemner to pay an administrative
fee, not to exceed the actual cost of the contemner's administration
and supervision, while assigned to a community service program
pursuant to this paragraph.
(4) The court shall take parties' employment schedules into
consideration when ordering either community service or imprisonment,
or both.
(d) Pursuant to Section 1211 and this section, a district attorney
or city attorney may initiate and pursue a court action for contempt
against a party for failing to comply with a court order entered
pursuant to the Domestic Violence Protection Act (Division 10
(commencing with Section 6200) of the Family Code). Any attorney's
fees and costs ordered by the court pursuant to subdivision (a)
against a party who is adjudged guilty of contempt under this
subdivision shall be paid to the California Emergency Management
Agency's account established for the purpose of funding domestic
violence shelter service providers pursuant to subdivision (f) of
Section 13823.15 of the Penal Code.
SEC. 4. Section 32282 of the Education Code is amended to read:
32282. (a) The comprehensive school safety plan shall include,
but not be limited to, both of the following:
(1) Assessing the current status of school crime committed on
school campuses and at school-related functions.
(2) Identifying appropriate strategies and programs that will
provide or maintain a high level of school safety and address the
school's procedures for complying with existing laws related to
school safety, which shall include the development of all of the
following:
(A) Child abuse reporting procedures consistent with Article 2.5
(commencing with Section 11164) of Title 1 of Part 4 of the Penal
Code.
(B) Disaster procedures, routine and emergency, including
adaptations for pupils with disabilities in accordance with the
Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et
seq.). The disaster procedures shall also include, but not be limited
to, both of the following:
(i) Establishing an earthquake emergency procedure system in every
public school building having an occupant capacity of 50 or more
pupils or more than one classroom. A district or county office may
work with the California Emergency Management Agency and the Seismic
Safety Commission to develop and establish the earthquake emergency
procedure system. The system shall include, but not be limited to,
all of the following:
(I) A school building disaster plan, ready for implementation at
any time, for maintaining the safety and care of pupils and staff.
(II) A drop procedure whereby each pupil and staff member takes
cover under a table or desk, dropping to his or her knees, with the
head protected by the arms, and the back to the windows. A drop
procedure practice shall be held at least once each school quarter in
elementary schools and at least once a semester in secondary
schools.
(III) Protective measures to be taken before, during, and
following an earthquake.
(IV) A program to ensure that pupils and both the certificated and
classified staff are aware of, and properly trained in, the
earthquake emergency procedure system.
(ii) Establishing a procedure to allow a public agency, including
the American Red Cross, to use school buildings, grounds, and
equipment for mass care and welfare shelters during disasters or
other emergencies affecting the public health and welfare. The
district or county office shall cooperate with the public agency in
furnishing and maintaining the services as the district or county
office may deem necessary to meet the needs of the community.
(C) Policies pursuant to subdivision (d) of Section 48915 for
pupils who committed an act listed in subdivision (c) of Section
48915 and other school-designated serious acts which would lead to
suspension, expulsion, or mandatory expulsion recommendations
pursuant to Article 1 (commencing with Section 48900) of Chapter 6 of
Part 27.
(D) Procedures to notify teachers of dangerous pupils pursuant to
Section 49079.
(E) A discrimination and harassment policy consistent with the
prohibition against discrimination contained in Chapter 2 (commencing
with Section 200) of Part 1.
(F) The provisions of any schoolwide dress code, pursuant to
Section 35183, that prohibits pupils from wearing "gang-related
apparel," if the school has adopted that type of a dress code. For
those purposes, the comprehensive school safety plan shall define
"gang-related apparel." The definition shall be limited to apparel
that, if worn or displayed on a school campus, reasonably could be
determined to threaten the health and safety of the school
environment. Any schoolwide dress code established pursuant to this
section and Section 35183 shall be enforced on the school campus and
at any school-sponsored activity by the principal of the school or
the person designated by the principal. For the purposes of this
paragraph, "gang-related apparel" shall not be considered a protected
form of speech pursuant to Section 48950.
(G) Procedures for safe ingress and egress of pupils, parents, and
school employees to and from school.
(H) A safe and orderly environment conducive to learning at the
school.
(I) The rules and procedures on school discipline adopted pursuant
to Sections 35291 and 35291.5.
(J) Hate crime reporting procedures pursuant to Chapter 1.2
(commencing with Section 628) of Title 15 of Part 1 of the Penal
Code.
(b) It is the intent of the Legislature that schools develop
comprehensive school safety plans using existing resources, including
the materials and services of the partnership, pursuant to this
chapter. It is also the intent of the Legislature that schools use
the handbook developed and distributed by the School/Law Enforcement
Partnership Program entitled "Safe Schools: A Planning Guide for
Action" in conjunction with developing their plan for school safety.
(c) Grants to assist schools in implementing their comprehensive
school safety plan shall be made available through the partnership as
authorized by Section 32285.
(d) Each schoolsite council or school safety planning committee in
developing and updating a comprehensive school safety plan shall,
where practical, consult, cooperate, and coordinate with other
schoolsite councils or school safety planning committees.
(e) The comprehensive school safety plan may be evaluated and
amended, as needed, by the school safety planning committee, but
shall be evaluated at least once a year, to ensure that the
comprehensive school safety plan is properly implemented. An updated
file of all safety-related plans and materials shall be readily
available for inspection by the public.
(f) The comprehensive school safety plan, as written and updated
by the schoolsite council or school safety planning committee, shall
be submitted for approval under subdivision (a) of Section 32288.
SEC. 5. Section 32282.5 of the Education Code is amended to read:
32282.5. (a) The department shall electronically distribute
disaster preparedness educational materials and lesson plans that are
currently available to school districts and county offices of
education.
(b) The department shall ensure that the disaster preparedness
materials are available in at least the three most dominant primary
languages spoken by English learners in California, according to the
language census.
(c) The department shall coordinate with the California Emergency
Management Agency to make sure that all materials are reviewed and
updated annually.
SEC. 6. Section 35296 of the Education Code is amended to read:
35296. The governing board of each private school shall establish
an earthquake emergency procedure system in every private school
building under its jurisdiction having an occupant capacity of 50 or
more pupils or more than one classroom. A governing board may work
with the California Emergency Management Agency and the Seismic
Safety Commission to develop and establish the earthquake emergency
procedure systems.
SEC. 7. Section 51264 of the Education Code is amended to read:
51264. (a) The State Department of Education shall prepare and
distribute to school districts and county offices of education
guidelines for incorporating in-service training in gang violence and
drug and alcohol abuse prevention for teachers, counselors, athletic
directors, school board members, and other educational personnel
into the staff development plans of all school districts and county
offices of education.
(b) The department shall, upon request, assist school districts
and county offices of education in developing comprehensive gang
violence and drug and alcohol abuse prevention in-service training
programs. The department's information and guidelines, to the maximum
extent possible, shall encourage school districts and county offices
of education to avoid duplication of effort by sharing resources,
adapting or adopting model in-service training programs, developing
joint and collaborative programs, and coordinating efforts with
existing state staff development programs, county gang violence and
drug and alcohol staff development programs, county health
departments, county and city law enforcement agencies, and other
public and private agencies providing health, drug, alcohol, gang
violence prevention, or other related services at the local level.
(c) The department shall assist school districts and county
offices of education in qualifying for the receipt of federal and
state funds to support their gang violence and drug and alcohol abuse
prevention in-service training programs.
(d) Each school that chooses to utilize the provisions of this
article related to in-service training in gang violence and drug and
alcohol abuse prevention, is encouraged to develop a single plan to
strengthen its gang violence and drug and alcohol abuse prevention
efforts. If a school develops or has developed a school improvement
plan pursuant to Article 2 (commencing with Section 52010) of Chapter
6 of Part 28, or a school safety plan pursuant to Article 5
(commencing with Section 32280) of Chapter 2.5 of Part 19, it is
encouraged to incorporate into that plan, where appropriate, the gang
violence and drug and alcohol prevention plan that it has developed.
(e) The department shall consult with the California Emergency
Management Agency regarding gang violence.
SEC. 8. Section 51266 of the Education Code is amended to read:
51266. (a) The California Emergency Management Agency, in
collaboration with the State Department of Education, shall develop a
model gang violence suppression and substance abuse prevention
curriculum for grades 2, 4, and 6. The curriculum for grades 2, 4,
and 6 shall be modeled after a similar curriculum that has been
developed by the Orange County Office of Education for grades 3, 5,
and 7. The California Emergency Management Agency, in collaboration
with the State Department of Education, may contract with a county
office of education for the development of the model curriculum. The
model curriculum shall be made available to school districts and
county offices of education and shall, at a minimum, provide for each
of the following:
(1) Lessons for grades 2, 4, and 6 that are aligned with the state
curriculum frameworks for history, social science, and English and
language arts.
(2) Instructional resources that address issues of ethnic
diversity and at-risk pupils.
(3) The integration of the instructional resources of the
California Emergency Management Agency and the School/Law Enforcement
Partnership in order to support the school curriculum and assist in
the alignment of the state curriculum framework.
(b) The California Emergency Management Agency shall develop an
independent evaluation of the pupil outcomes of the model gang
violence suppression and substance abuse prevention curriculum
program.
SEC. 9. Section 51266.5 of the Education Code is amended to read:
51266.5. The Rural Gang Task Force Subcommittee provided for by
subdivision (g) of Section 13826.1 of the Penal Code, in
collaboration with the Gang Violence Suppression Advisory Committee
provided for by subdivision (g) of Section 13826.1 of the Penal Code
and the California Emergency Management Agency, shall review the
model gang violence suppression and substance abuse prevention
curriculum for grades 2, 4, and 6, developed pursuant to Section
51266, and identify methods by which the curriculum can best be
utilized in rural school settings.
SEC. 10. Section 51269 of the Education Code is amended to read:
51269. (a) The State Department of Education shall collaborate,
to the extent possible, with other state agencies that administer
drug, alcohol, and tobacco abuse prevention education programs to
streamline and simplify the process whereby local educational
agencies apply for state and federal drug, alcohol, and tobacco
education funds.
(b) The State Department of Education, in consultation with the
Department of Justice, the California Emergency Management Agency,
and the State Department of Alcohol and Drug Programs, shall develop,
to the extent possible, an ongoing statewide monitoring and
assessment system to provide current and reliable data on the
utilization of resources for programs for prevention of and early
intervention for drug, alcohol, and tobacco abuse. The purpose of the
system shall be to facilitate improved planning and program delivery
among state and local agencies, including law enforcement, juvenile
justice, county health, and county drug and alcohol agencies and
programs, and communities.
SEC. 11. Section 66210 of the Education Code is amended to read:
66210. (a) The California Emergency Management Agency shall
develop guidelines for campuses of the University of California and
the California State University to use in developing emergency
evacuation plans for all forms of student housing owned, operated,
and offered by the university, both on campus and off campus. In
developing the guidelines, the California Emergency Management Agency
shall consider Sections 3.09 and 3.13 of Title 19 of the California
Code of Regulations. The guidelines shall address all of the
following issues:
(1) Plan content. The plans should include, but need not be
limited to, the following:
(A) Specific evacuation routes that recognize the needs of persons
with special needs, such as persons with disabilities.
(B) The designation of a meeting place or places upon evacuation.
(C) The education of students and staff in emergency procedures.
(2) The implementation and maintenance of the evacuation plan by
the director of student housing, or other appropriate officer, at the
individual campuses. The director, or other appropriate officer, is
responsible for scheduling periodic tests of the plan and
implementing changes as needed.
(b) Each campus of the University of California and the California
State University shall establish an emergency evacuation plan for
its postsecondary student housing and may consult with the California
Emergency Management Agency for guidance in developing and
establishing the plan.
SEC. 12. Section 71095 of the Education Code is amended to read:
71095. (a) The chancellor's office, in consultation with the
California Emergency Management Agency and the Office of Homeland
Security, shall, by January 1, 2009, develop emergency preparedness
standards and guidelines to assist community college districts and
campuses in the event of a natural disaster, hazardous condition, or
terrorist activity on or around a community college campus.
(b) The standards and guidelines shall be developed in accordance
with the Standardized Emergency Management System and the National
Incident Management System, and shall be reviewed by the California
Emergency Management Agency in a manner that is consistent with
existing policy. In developing the standards and guidelines, the
chancellor's office shall consider, but is not limited to, all of the
following components:
(1) Information on establishing a campus emergency management
team.
(2) Provisions regarding overview training for every employee
within one year of commencement of employment.
(3) Information on specialized training for employees who may be
designated as part of an emergency management team.
(4) Information on preparedness, prevention, response, recovery,
and mitigation policies and procedures.
(5) Information on coordinating with the appropriate local, state,
and federal government authorities, and nongovernmental entities on
comprehensive emergency management and preparedness activities.
SEC. 13. Section 94600 of the Education Code is amended to read:
94600. (a) The California Emergency Management Agency shall
develop guidelines for private colleges and universities to use in
developing emergency evacuation plans for all forms of student
housing owned, operated, and offered by private colleges and
universities, both on campus and off campus. In developing the
guidelines, the California Emergency Management Agency shall consider
Sections 3.09 and 3.13 of Title 19 of the California Code of
Regulations. The guidelines shall address all of the following
issues:
(1) Plan content. The plans should include, but need not be
limited to, the following:
(A) Specific evacuation routes that recognize the needs of persons
with special needs, such as persons with disabilities.
(B) The designation of a meeting place or places upon evacuation.
(C) The education of students and staff in emergency procedures.
(2) The implementation and maintenance of the evacuation plan by
the director of student housing, or other appropriate officer, at
individual campuses. The director, or other appropriate officer, is
responsible for scheduling periodic tests of the plan and
implementing changes as needed.
(b) Each private college or university shall establish an
emergency evacuation plan for its postsecondary student housing and
may consult with the California Emergency Management Agency for
guidance in developing and establishing the plan.
SEC. 14. Section 298 of the Family Code is amended to read:
298. (a) (1) The Secretary of State shall prepare forms entitled
"Declaration of Domestic Partnership" and "Notice of Termination of
Domestic Partnership" to meet the requirements of this division.
These forms shall require the signature and seal of an acknowledgment
by a notary public to be binding and valid.
(2) When funding allows, the Secretary of State shall include on
the form notice that a lesbian, gay, bisexual, and transgender
specific domestic abuse brochure is available upon request.
(b) (1) The Secretary of State shall distribute these forms to
each county clerk. These forms shall be available to the public at
the office of the Secretary of State and each county clerk.
(2) The Secretary of State shall, by regulation, establish fees
for the actual costs of processing each of these forms, and the cost
for preparing and sending the mailings and notices required pursuant
to Section 299.3, and shall charge these fees to persons filing the
forms.
(3) There is hereby established a fee of twenty-three dollars
($23) to be charged in addition to the existing fees established by
regulation to persons filing domestic partner registrations pursuant
to Section 297 for development and support of a lesbian, gay,
bisexual, and transgender curriculum for training workshops on
domestic violence, conducted pursuant to Section 13823.15 of the
Penal Code, and for the support of a grant program to promote healthy
nonviolent relationships in the lesbian, gay, bisexual, and
transgender community. This paragraph shall not apply to persons of
opposite sexes filing a domestic partnership registration and who
meet the qualifications described in subparagraph (B) of paragraph
(5) of subdivision (b) of Section 297.
(4) The fee established by paragraph (3) shall be deposited in the
Equality in Prevention and Services for Domestic Abuse Fund, which
is hereby established. The fund shall be administered by the
California Emergency Management Agency, and expenditures from the
fund shall be used to support the purposes of paragraph (3).
(c) The Declaration of Domestic Partnership shall require each
person who wants to become a domestic partner to (1) state that he or
she meets the requirements of Section 297 at the time the form is
signed, (2) provide a mailing address, (3) state that he or she
consents to the jurisdiction of the Superior Courts of California for
the purpose of a proceeding to obtain a judgment of dissolution or
nullity of the domestic
partnership or for legal separation of partners in the domestic
partnership, or for any other proceeding related to the partners'
rights and obligations, even if one or both partners ceases to be a
resident of, or to maintain a domicile in, this state, (4) sign the
form with a declaration that representations made therein are true,
correct, and contain no material omissions of fact to the best
knowledge and belief of the applicant, and (5) have a notary public
acknowledge his or her signature. Both partners' signatures shall be
affixed to one Declaration of Domestic Partnership form, which form
shall then be transmitted to the Secretary of State according to the
instructions provided on the form. Filing an intentionally and
materially false Declaration of Domestic Partnership shall be
punishable as a misdemeanor.
(d) The Declaration of Domestic Partnership form shall contain an
optional section for either party or both parties to indicate a
change in name pursuant to Section 298.6. The optional section shall
require a party indicating a change in name to provide his or her
date of birth.
SEC. 15. Section 3862 of the Fish and Game Code is amended to
read:
3862. The Natural Resources Agency, in consultation with the
department, the Department of Food and Agriculture, the State
Department of Health Services, the California Emergency Management
Agency, and the University of California, shall develop and implement
a plan for the surveillance, monitoring, sampling, diagnostic
testing, and reporting of avian influenza in wild birds and animals
in the state. The Resources Agency shall consult with the United
States Fish and Wildlife Service and the United States Department of
Food and Agriculture in developing the plan.
SEC. 16. Section 3863 of the Fish and Game Code is amended to
read:
3863. (a) The Secretary of the Natural Resources Agency shall
formally establish the Avian Influenza Working Group to assist in the
development of the plan described in Section 3862. The Avian
Influenza Working Group shall utilize, as guidance for early
detection, the national protocol that has been developed to guide
states in developing state-specific plans, known as the Early
Detection System for Asian H5N1 Highly Pathogenic Avian Influenza in
Wild Migratory Birds. The Avian Influenza Working Group shall also
continue, enhance, and facilitate the work already begun by the
department, other state departments, and the University of
California, to coordinate communication of information and response
plans for highly pathogenic avian influenza in wild birds.
(b) The Avian Influenza Working Group shall be composed of all of
the following members:
(1) The Secretary of the Natural Resources Agency, or a designee.
(2) The director, or a designee.
(3) The Secretary of Food and Agriculture, or a designee.
(4) The Director of Health Services, or a designee.
(5) The Secretary of Emergency Management, or a designee.
(6) One representative appointed by the Regents of the University
of California.
(7) Two representatives from a qualified research organization or
other qualified nongovernmental organization appointed by the
Secretary of the Natural Resources Agency.
(c) The director shall chair the Avian Influenza Working Group.
(d) A majority of the Avian Influenza Working Group shall
constitute a quorum for the transaction of business.
(e) The duties of the Avian Influenza Working Group shall include
all of the following:
(1) Developing strategies for the detection of, and response to,
the avian influenza virus in wild birds in California.
(2) Fostering communication among state and federal agencies
regarding the avian influenza surveillance program.
(3) Developing strategies for public outreach and education.
(f) The Avian Influenza Working Group may consult with other
public and nonprofit groups potentially affected by avian influenza
in wild birds.
SEC. 17. Section 179.7 of the Government Code is amended to read:
179.7. (a) Notwithstanding Article 6 of the Emergency Management
Assistance Compact, as set forth in Section 179.5, the state shall
indemnify and make whole any officer or employee who is a resident of
California, or his or her heirs, if the officer or employee is
injured or killed in another state when rendering aid pursuant to the
compact, as if the act or acts occurred in California, less any
recovery obtained under the provisions of Article 6 of the Emergency
Management Assistance Compact.
(b) Local government or special district personnel who are
officially deployed under the provisions of the Emergency Management
Assistance Compact pursuant to an assignment of the California
Emergency Management Agency shall be defended by the Attorney General
or other legal counsel provided by the state, and shall be
indemnified subject to the same conditions and limitations applicable
to state employees.
SEC. 18. Section 955.1 of the Government Code is amended to read:
955.1. (a) The science of earthquake prediction is developing
rapidly and, although still largely in a research stage, such
predictions are now being initiated and are certain to continue into
the future. Administrative procedures exist within the California
Emergency Management Agency to advise the Governor on the validity of
earthquake predictions. Numerous important actions can be taken by
state and local governments and special districts to protect life and
property in response to earthquake predictions and associated
warnings. It is the intent of this legislation to ensure that such
actions are taken in the public interest by government agencies
acting in a responsible manner without fear of consequent financial
liabilities.
(b) The Governor may, at his or her discretion, issue a warning as
to the existence of an earthquake or volcanic prediction determined
to have scientific validity. The state and its agencies and employees
shall not be liable for any injury resulting from the issuance or
nonissuance of a warning pursuant to this subdivision or for any acts
or omissions in fact gathering, evaluation, or other activities
leading up to the issuance or nonissuance of a warning.
(c) Public entities and public employees may, on the basis of a
warning issued pursuant to subdivision (b), take, or fail or refuse
to take, any action or execute or fail or refuse to execute any
earthquake or volcanic prediction response plan with relation to the
warning which is otherwise authorized by law. In taking, or failing
or refusing to take, such action, neither public entities nor public
employees shall be liable for any injuries caused thereby or for any
injuries resulting from the preparation of, or failure or refusal to
prepare, any earthquake hazard or damage prediction maps, plans for
evacuation of endangered areas, and other plan elements.
(d) An earthquake or volcanic warning issued by the Governor
pursuant to subdivision (b) is a sufficient basis for a declaration
of a state of emergency or local emergency as defined by Section
8558. Public entities and public employees shall be immune from
liability in accordance with all immunity provisions applicable
during such state of emergency or local emergency.
SEC. 19. Section 3102 of the Government Code is amended to read:
3102. (a) All disaster service workers shall, before they enter
upon the duties of their employment, take and subscribe to the oath
or affirmation required by this chapter.
(b) In the case of intermittent, temporary, emergency or
successive employments, then in the discretion of the employing
agency, an oath taken and subscribed as required by this chapter
shall be effective for the purposes of this chapter for all
successive periods of employment which commence within one calendar
year from the date of that subscription.
(c) Notwithstanding subdivision (b), the oath taken and subscribed
by a person who is a member of an emergency organization sanctioned
by a state agency or an accredited disaster council, whose members
are duly enrolled or registered with the California Emergency
Management Agency, or any accredited disaster council of any
political subdivision, shall be effective for the period the person
remains a member with that organization.
SEC. 20. Section 6254.23 of the Government Code is amended to
read:
6254.23. Nothing in this chapter or any other provision of law
shall require the disclosure of a risk assessment or railroad
infrastructure protection program filed with the Public Utilities
Commission, the Director of Homeland Security, and the California
Emergency Management Agency pursuant to Article 7.3 (commencing with
Section 7665) of Chapter 1 of Division 4 of the Public Utilities
Code.
SEC. 21. The heading of Article 5 (commencing with Section 8550)
of Chapter 7 of Division 1 of Title 2 of the Government Code is
amended to read:
Article 5. California Emergency Management Agency
SEC. 22. Section 8574.20 of the Government Code is amended to
read:
8574.20. The California Emergency Management Agency shall manage
the California Hazardous Substances Incident Response Training and
Education Program to provide approved classes in hazardous substance
response, taught by trained instructors, and to certify students who
have completed these classes. To carry out this program, the
California Emergency Management Agency shall do all of the following:
(a) Adopt regulations necessary to implement the program.
(b) Establish a training and education program by developing the
curriculum to be used in the program in colleges, academies, the
California Specialized Training Institute, and other educational
institutions, as specified in Section 8574.21.
(c) Establish recommended minimum standards for training emergency
response personnel and instructors, including, but not limited to,
fire, police, and environmental health personnel.
(d) Make available a training and education program in the use of
hazardous substances emergency rescue, safety, and monitoring
equipment, on a voluntary basis, at the California Specialized
Training Institute.
(e) Train and certify instructors at the California Specialized
Training Institute according to standards and procedures developed by
the curriculum development advisory committee, as specified in
Section 8588.10.
(f) Approve classes, as meeting the requirements of the program,
if the classes meet the curriculum developed by the California
Emergency Management Agency pursuant to Section 8574.21 and the
instructor received training and certification at the California
Specialized Training Institute, as specified in subdivision (e).
(g) Certify students who have successfully completed a class
approved as meeting the requirements of the program.
(h) Review and revise, as necessary, the program.
(i) Establish and collect admission fees and other fees that may
be necessary to be charged for advanced or specialized training given
at the California Specialized Training Institute. These fees shall
be used to offset costs incurred pursuant to this article.
SEC. 23. Section 8574.21 of the Government Code is amended to
read:
8574.21. (a) The California Emergency Management Agency shall
develop the curriculum to be used in classes that meet the program
requirements and shall adopt standards and procedures for training
instructors at the California Specialized Training Institute.
(b) The curriculum for the training and education program
established pursuant to this article shall include all of the
following aspects of hazardous substance incident response actions:
(1) First responder training.
(2) On-scene manager training.
(3) Hazardous substance incident response training for management
personnel.
(4) Hazardous materials specialist training that equals or exceeds
the standards of the National Fire Protection Association.
(5) Environmental monitoring.
(6) Hazardous substance release investigations.
(7) Hazardous substance incident response activities at ports.
(c) The curriculum development advisory committee described in
Section 8588.10 shall advise the California Emergency Management
Agency on the development of course curricula and the standards and
procedures specified in subdivision (a). In advising the California
Emergency Management Agency, the committee shall do the following:
(1) Assist, and cooperate with, representatives of the Board of
Governors of the California Community Colleges in developing the
course curricula.
(2) Ensure that the curriculum developed pursuant to this section
is accredited by the State Board of Fire Services.
(3) Define equivalent training and experience considered as
meeting the initial training requirements as specified in subdivision
(a) that existing employees might have already received from actual
experience or formal education undertaken, and which would qualify as
meeting the requirements established pursuant to this article.
(d) This article does not affect the authority of the State Fire
Marshal granted pursuant to Section 13142.4 or 13159 of the Health
and Safety Code.
(e) Upon completion of instructor training and certification
pursuant to subdivision (e) of Section 8574.20 by any employee of the
Department of the California Highway Patrol, the Commissioner of the
California Highway Patrol may deem any training programs taught by
that employee to be equivalent to any training program meeting the
requirements established pursuant to this article.
SEC. 24. Section 8576 of the Government Code is amended to read:
8576. (a) The Governor shall be ex officio Chairperson of the
Emergency Council.
(b) The California Emergency Management Agency shall provide staff
support to the Emergency Council as necessary.
SEC. 25. Section 8579 of the Government Code is amended to read:
8579. (a) It shall be the duty of the Emergency Council, and it
is hereby empowered, to act as an advisory body to the Governor in
times of emergency and with reference thereto in order to minimize
the effects of those occurrences by recommending ameliorative action.
(b) The powers and duties of the Emergency Council shall include
all of the following:
(1) To consider, recommend, and approve orders and regulations
that are within the province of the Governor to promulgate.
(2) To consider and recommend to the Governor for approval the
boundaries of any mutual aid regions of the state as may be
designated.
(3) To recommend to the Governor the assignment of any
responsibility, service, or activity relative to emergencies or
emergency planning to a state agency having duties related to that
responsibility, service, or activity.
(4) To consider and recommend the creation by the Governor of
advisory committees in order to make civilian participation and
cooperation in emergency planning and activities available to the
state.
(5) To consider and recommend the expenditures of moneys
appropriated for any of the objectives or purposes of this chapter.
(6) To consider and recommend to the Governor for approval a State
Emergency Plan built around mutual aid and the integration into that
plan of the several state agencies whose resources are necessary in
coping with emergencies.
(7) To encourage the development and maintenance of emergency
plans based on mutual aid, whereunder political subdivisions may most
effectively protect life and property and mitigate other effects of
emergencies.
(8) To evaluate and report to the Governor on state communications
systems with particular regard to their adequacy in case of
emergency.
(9) To encourage the individual and integrated emergency
preparedness efforts of communities, businesses, and schools.
(c) (1) The Emergency Council shall, at a minimum, have the
following two standing advisory committees, with members selected by
the Governor:
(A) An advisory committee composed of representatives of volunteer
organizations that aid or prepare their communities for potential
disasters.
(B) An advisory committee composed of the business leaders
representing businesses in the state that will work in partnership
with government to prepare businesses and communities for potential
disasters.
(2) The duties of the advisory committees shall include, but not
be limited to, all of the following:
(A) Developing and promoting statewide initiatives and programs to
better prepare communities, businesses, and schools to survive
disasters.
(B) Advising the Emergency Council on how public, private, and
nonprofit entities can provide resources, assets, personnel,
volunteers, and any other relevant services to fully integrate the
private sector into the state's emergency preparedness, mitigation,
response, and recovery plans.
(C) Advising the Emergency Council on appropriate agreements to
provide for quick access to emergency supplies and services in order
to minimize the need to stockpile those supplies.
(3) The members of the advisory committees shall receive no
compensation for their service.
(d) When the Emergency Council is not meeting, the California
Emergency Management Agency shall provide notice to the members of
the council of any state of emergency proclaimed by the Governor
pursuant to Section 8558, as soon as practical after the issuance of
the proclamation. The notification shall include the status of
emergency activities.
SEC. 26. Section 8581.5 of the Government Code is repealed.
SEC. 27. Section 8585 of the Government Code is amended to read:
8585. (a) (1) There is in state government, the California
Emergency Management Agency. The California Emergency Management
Agency shall be under the supervision of the Secretary of the
Emergency Management Agency, who shall have all rights and powers of
a head of an agency as provided by this code, and shall be referred
to as the Secretary of Emergency Management.
(2) Unless the context clearly requires otherwise, whenever the
term "Office of Emergency Services" appears in any statute,
regulation, or contract, it shall be construed to refer to the
California Emergency Management Agency, and whenever the term
"Director of Emergency Services" or the "Director of the Office of
Emergency Services" appears in statute, regulation, or contract, it
shall be construed to refer to the Secretary of Emergency Management.
(3) Unless the context clearly requires otherwise, whenever the
term "Director of Homeland Security" or "Office of Homeland Security"
appears in any statute, regulation, or contract, it shall be
construed to refer to the California Emergency Management Agency, and
whenever the term "Director of Homeland Security" or "Director of
the Office of Homeland Security" appears in any statute, regulation,
or contract, it shall be construed to refer to the Secretary of
Emergency Management.
(b) (1) The California Emergency Management Agency and the
Secretary of Emergency Management succeed to and are vested with all
the duties, powers, purposes, responsibilities, and jurisdiction
vested in the Office of Emergency Services and the Director of the
Office of Emergency Services, respectively.
(2) The California Emergency Management Agency and the Secretary
of Emergency Management succeed to and are vested with all the
duties, powers, purposes, responsibilities, and jurisdiction vested
in the Office of Homeland Security and the Director of Homeland
Security, respectively.
(c) The California Emergency Management Agency shall be considered
a law enforcement organization as required for receipt of criminal
intelligence information pursuant to subdivision (f) of Section 6254
of the Government Code by persons employed within the agency whose
duties and responsibilities require the authority to access criminal
intelligence information.
(d) Persons employed by the California Emergency Management Agency
whose duties and responsibilities require the authority to access
criminal intelligence information shall be furnished state summary
criminal history information as described in Section 11105 of the
Penal Code, if needed in the course of their duties.
(e) The California Emergency Management Agency shall be
responsible for the state's emergency and disaster response services
for natural, technological, or manmade disasters and emergencies,
including responsibility for activities necessary to prevent, respond
to, recover from, and mitigate the effects of emergencies and
disasters to people and property.
(f) Notwithstanding any other provision of law, nothing in this
section shall authorize an employee of the California Emergency
Management Agency to access criminal intelligence information under
subdivision (c) or (d) for the purpose of determining eligibility
for, or providing access to, disaster-related assistance and
services.
SEC. 28. Section 8585.05 is added to the Government Code, to read:
8585.05. Unless the context otherwise requires, for purpose of
this article, the following definitions apply:
(a) "Agency" means the California Emergency Management Agency.
(b) "Secretary" means the Secretary of Emergency Management.
SEC. 29. Section 8585.1 of the Government Code is amended to read:
8585.1. (a) The secretary shall be appointed by, and hold office
at the pleasure of, the Governor. The appointment of the secretary is
subject to confirmation by the Senate. The secretary shall
coordinate all state disaster response, emergency planning, emergency
preparedness, disaster recovery, disaster mitigation, and homeland
security activities.
(b) The secretary shall receive an annual salary as set forth in
Section 11550.
(c) The Governor may appoint an undersecretary of the agency. The
undersecretary shall hold office at the pleasure of the Governor.
(d) All positions exempt from civil service that existed in the
predecessor agencies shall be transferred to the agency.
(e) Neither state nor federal funds may be expended to pay the
salary or benefits of any deputy or employee who may be appointed by
the secretary or undersecretary pursuant to Section 4 of Article VII
of the California Constitution.
SEC. 30. Section 8585.2 of the Government Code is amended to read:
8585.2. (a) All employees serving in state civil service, other
than temporary employees, who are engaged in the performance of
functions transferred to the agency or engaged in the administration
of law, the administration of which is transferred to the agency, are
transferred to the agency. The status, positions, and rights of
those persons shall not be affected by their transfer and shall
continue to be retained by them pursuant to the State Civil Service
Act (Part 2 (commencing with Section 18500) of Division 5), except as
to positions the duties of which are vested in a position exempt
from civil service. The personnel records of all transferred
employees shall be transferred to the agency.
(b) The property of any agency or department related to functions
transferred to the California Emergency Management Agency is
transferred to the agency. If any doubt arises as to where that
property is transferred, the Department of General Services shall
determine where the property is transferred.
(c) All unexpended balances of appropriations and other funds
available for use in connection with any function or the
administration of any law transferred to the agency shall be
transferred to the agency for use for the purpose for which the
appropriation was originally made or the funds were originally
available. If there is any doubt as to where those balances and funds
are transferred, the Department of Finance shall determine where the
balances and funds are transferred.
(d) Beginning July 1, 2011, and biennially thereafter, the
California Emergency Management Agency shall submit a report to the
Legislature as described in this subdivision. The California
Emergency Management Agency may consult with other public safety
agencies, including the California Emergency Council, in the
development of this report. The report shall include information on
all of the following:
(1) Agency progress in all of its primary program areas.
(2) Agency allocation of grants to local agencies and nonprofit
organizations.
(3) Any identified gaps in program progress or efficiency.
(4) Agency strategy for program improvements, investments, and
goals for the next two years.
SEC. 31. Section 8585.5 of the Government Code is amended to read:
8585.5. The agency shall establish by rule and regulation various
classes of disaster service workers and the scope of the duties of
each class. The agency shall also adopt rules and regulations
prescribing the manner in which disaster service workers of each
class are to be registered. All of the rules and regulations shall be
designed to facilitate the payment of workers' compensation.
SEC. 32. Section 8585.7 of the Government Code is amended to read:
8585.7. The agency may certify the accredited status of local
disaster councils, subject to the requirements of Section 8612.
SEC. 33. Section 8588 of the Government Code is amended to read:
8588. Whenever conditions exist within any region or regions of
the state which warrant the proclamation by the Governor of a state
of emergency and the Governor has not acted under the provisions of
Section 8625, by reason of the fact that the Governor has been
inaccessible, the secretary may proclaim the existence of a state of
emergency in the name of the Governor as to any region or regions of
the state. Whenever the secretary has so proclaimed a state of
emergency, that action shall be ratified by the Governor as soon as
the Governor becomes accessible, and in the event the Governor does
not ratify the action, the Governor shall immediately terminate the
state of emergency as proclaimed by the secretary.
SEC. 34. Section 8588.1 of the Government Code is amended to read:
8588.1. (a) The Legislature finds and declares that this state
can only truly be prepared for the next disaster if the public and
private sector collaborate.
(b) The agency may, as appropriate, include private businesses and
nonprofit organizations within its responsibilities to prepare the
state for disasters under this chapter. All participation by
businesses and nonprofit associations in this program shall be
voluntary.
(c) The agency may do any of the following:
(1) Provide guidance to business and nonprofit organizations
representing business interests on how to integrate private sector
emergency preparedness measures into governmental disaster planning
programs.
(2) Conduct outreach programs to encourage business to
work with governments and community associations to better prepare
the community and their employees to survive and recover from
disasters.
(3) Develop systems so that government, businesses, and employees
can exchange information during disasters to protect themselves and
their families.
(4) Develop programs so that businesses and government can work
cooperatively to advance technology that will protect the public
during disasters.
(d) The agency may share facilities and systems for the purposes
of subdivision (b) with the private sector to the extent the costs
for their use are reimbursed by the private sector.
(e) Proprietary information or information protected by state or
federal privacy laws shall not be disclosed under this program.
(f) Notwithstanding Section 11005, donations and private grants
may be accepted by the agency and shall not be subject to Section
11005.
(g) The Disaster Resistant Communities Fund is hereby created in
the State Treasury. Upon appropriation by the Legislature, the
secretary may expend the money in the account for the costs
associated within this section.
(h) This section shall be implemented only to the extent that
in-kind contributions or donations are received from the private
sector, or grant funds are received from the federal government, for
these purposes.
SEC. 35. Section 8588.2 of the Government Code is amended to read:
8588.2. (a) The agency may establish a statewide registry of
private businesses and nonprofit organizations that are interested in
donating services, goods, labor, equipment, resources, or
dispensaries or other facilities to further the purposes of Section
8588.1.
(b) If the agency establishes a statewide registry pursuant to
subdivision (a), the agency shall create and implement protocols and
procedures for inclusion onto the statewide registry that do, but are
not limited to, all of the following:
(1) Establish eligibility requirements for a private business or
nonprofit organization to be included on the statewide registry.
(2) Require the services, goods, labor, equipment, resources, or
dispensaries or other facilities donated by a private business or
nonprofit organization included on the statewide registry to be
provided at no cost to state governmental entities or the victims of
emergencies and disasters.
(3) Require the services, goods, labor, equipment, resources, or
dispensaries or other facilities donated by a private business or
nonprofit organization included on the statewide registry to be
safely collected, maintained, and managed.
(4) Require that federal, state, and local governmental entities
and nonprofit organizations that are engaged in assisting communities
prepare for, respond to, or recover from emergencies and disasters
have access to the statewide registry.
(c) A private business or nonprofit organization included on the
statewide registry shall reasonably determine all of the following:
(1) Donated services, goods, labor, equipment, resources, or
dispensaries or other facilities comply with all applicable federal
and state safety laws and licensing requirements.
(2) Donated services, goods, labor, equipment, resources, or
dispensaries or other facilities have not been altered, misbranded,
or stored under conditions contrary to the standards set forth under
federal or state laws or by the product manufacturer.
(3) Donated medicine shall be unopened, in tamper-resistant
packaging or modified unit dose containers that meet United States
Pharmacopeia standards, and show lot numbers and expiration dates.
Medicine that does not meet these standards shall not be donated.
SEC. 36. Section 8588.3 of the Government Code is amended to read:
8588.3. (a) The Legislature finds and declares that it is the
responsibility of the State of California to protect and preserve the
right of its citizens to a safe and peaceful existence. To
accomplish this goal and to minimize the destructive impact of
disasters and other massive emergencies, the actions of numerous
public agencies must be coordinated to effectively manage all four
phases of emergency activity: preparedness, mitigation, response, and
recovery. In order to ensure that the state's response to disasters
or massive emergencies is effective, specialized training is
necessary.
(b) The California Specialized Training Institute of the office of
the Adjutant General is hereby transferred to the agency. The
institute shall assist the Governor in providing, pursuant to
subdivision (f) of Section 8570, training to state agencies, cities,
and counties in their planning and preparation for disasters.
(c) The secretary may solicit, receive, and administer funds or
property from federal, state, or other public agency sources for the
support and operation of the institute.
(d) The secretary may solicit and receive firearms, other
weaponry, explosive materials, chemical agents, and other items
confiscated by or otherwise in the possession of law enforcement
officers as donations to the institute if he or she deems them to be
appropriate for the institute's training purposes.
(e) Any moneys received by the secretary from charges or fees
imposed in connection with the operation of the institute shall be
deposited in the General Fund.
SEC. 37. Section 8588.4 of the Government Code is repealed.
SEC. 38. Section 8588.5 of the Government Code is amended to read:
8588.5. To promote an increase in the number of trained disaster
search dog teams, the agency shall do all of the following:
(a) Provide instruction to California disaster dog trainers in
Swiss techniques.
(b) Work to secure authorization to conduct training for disaster
search dog teams at existing facilities operated by the California
National Guard and the Department of Transportation on the grounds of
Camp San Luis Obispo.
(c) Engage in recruiting activities for the purpose of increasing
the number of disaster search dog teams in southern California.
(d) Reimburse disaster search dog handlers and instructors for the
costs of their travel and that of their dogs to training facilities
within California.
SEC. 39. Section 8588.10 of the Government Code is repealed.
SEC. 40. Section 8588.10 is added to the Government Code, to read:
8588.10. (a) The secretary shall establish a Curriculum
Development Advisory Committee to advise the agency on the
development of course curricula, as specified by the secretary.
(b) The committee shall be chaired by the secretary, who will
appoint members as appropriate. In appointing members to the
committee, the secretary shall include representatives from the
following:
(1) State public safety, health, first responder, and emergency
services departments or agencies, as deemed appropriate by the
secretary.
(2) Local first responder agencies.
(3) Local public safety agencies.
(4) Nonprofit organizations, as deemed appropriate by the
secretary.
(5) Any other state, local, tribal, or nongovernmental
organization determined by the secretary to be appropriate.
SEC. 41. Section 8588.11 of the Government Code is amended to
read:
8588.11. (a) The agency shall contract with the California Fire
Fighter Joint Apprenticeship Program to develop a fire service
specific course of instruction on the responsibilities of first
responders to terrorism incidents. The course shall include the
criteria for the curriculum content recommended by the Curriculum
Development Advisory Committee established pursuant to Section
8588.10 to address the training needs of both of the following:
(1) Firefighters in conformance with the standards established by
the State Fire Marshal.
(2) Paramedics and other emergency medical services fire personnel
in conformance with the standards established by the State Emergency
Medical Services Authority.
(b) The course of instruction shall be developed in consultation
with individuals knowledgeable about consequence management that
addresses the topics of containing and mitigating the impact of a
terrorist incident, including, but not limited to, a terrorist act
using hazardous materials, as well as weapons of mass destruction,
including any chemical warfare agent, weaponized biological agent, or
nuclear or radiological agent, as those terms are defined in Section
11417 of the Penal Code, by techniques including, but not limited
to, rescue, firefighting, casualty treatment, and hazardous materials
response and recovery.
(c) The contract shall provide for the delivery of training by the
California Fire Fighter Joint Apprenticeship Program through
reimbursement contracts with the state, local, and regional fire
agencies who may, in turn, contract with educational institutions.
(d) To maximize the availability and delivery of training, the
California Fire Fighter Joint Apprenticeship Program shall develop a
course of instruction to train the trainers in the presentation of
the first responder training of consequence management for fire
service personnel.
SEC. 42. Section 8588.12 is added to the Government Code, to read:
8588.12. (a) The Curriculum Development Advisory Committee,
described in Section 8588.10, shall recommend criteria for terrorism
awareness curriculum content to meet the training needs of state and
local emergency response personnel and volunteers. In addition, the
committee shall identify any additional training that would be useful
and appropriate, but that may not be generally available in
California, and shall make recommendations pertaining to the need for
training oversight agencies for first responder disciplines to
expedite their curriculum approval processes.
(b) Basic terrorism awareness training shall include, but not be
limited to, the following:
(1) An overview of conventional, chemical, biological,
radiological, and nuclear threats.
(2) Threat and hazard recognition, with an emphasis on ability to
determine local vulnerabilities.
(3) Understanding the structure and function of an incident
command system.
(4) Initial response actions, including preliminary assessment,
notifications, resource needs, and safety considerations.
(5) Coordination with other emergency service first responders.
(6) Gathering, verifying, assessing, and communicating incident
information.
(7) Understanding mass casualty implications and decontamination
requirements.
(8) Balancing lifesaving activities with evidence preservation.
(9) General awareness and additional training for each of the
first responder categories specific to each discipline.
(c) (1) The Legislature finds and declares that training on
terrorism awareness for first responders is of critical importance to
the people of California.
(2) Every agency responsible for development of terrorism
awareness training and every agency that employs or uses first
responders shall give a high priority to the completion of that
training.
SEC. 43. Section 8588.15 of the Government Code is amended to
read:
8588.15. (a) The secretary shall appoint representatives of the
disabled community to serve on the evacuation, sheltering,
communication, recovery, and other pertinent Standardized Emergency
Management System committees, including one representative to the
Technical Working Group. Representatives of the disabled community
shall, to the extent practicable, be from the following groups:
(1) Persons who are blind or visually impaired.
(2) Persons with sensory or cognitive disabilities.
(3) Persons with physical disabilities.
(b) Within the Standardized Emergency Management System structure,
the secretary shall ensure, to the extent practicable, that the
needs of the disabled community are met by ensuring all committee
recommendations regarding preparedness, planning, and procedures
relating to emergencies include the needs of people with
disabilities.
(c) The secretary shall prepare and disseminate sample brochures
and other relevant materials on preparedness, planning, and
procedures relating to emergency evacuations that include the needs
of the disabled community, and shall work with nongovernmental
associations and entities to make them available in accessible
formats, including, but not limited to, Braille, large print, and
electronic media.
(d) The secretary and the State Fire Marshal's office shall seek
research funding to assist in the development of new technologies and
information systems that will assist in the evacuation of the groups
designated in subdivision (a) during emergency and disaster
situations.
(e) It is the intent of the Legislature for the purpose of
implementing this section and to the extent permitted by federal law,
that funds may be used from the Federal Trust Fund from funds
received from the federal Department of Homeland Security for
implementation of homeland security programs.
SEC. 44. Section 8589.10 of the Government Code is amended to
read:
8589.10. As used in this article:
(a) "Acquire" means acquisition by purchase, grant, gift, or any
other lawful means.
(b) "Agency" means the California Emergency Management Agency.
(c) "Firefighting apparatus and equipment" means any vehicle and
its associated equipment which is designed and intended for use
primarily for firefighting. "Firefighting apparatus and equipment"
does not include vehicles that are designed and intended for use
primarily for emergency medical services, rescue services,
communications and command operations, or hazardous materials
operations.
(d) "Indirect expenses" means those items that are identified as
indirect costs in the federal Office of Management and Budget,
Circular A-87 on January 1, 1985.
(e) "Local agency" means any city, county, special district, or
any joint powers agency composed exclusively of those agencies, that
provides fire suppression services. "Local agency" also includes a
fire company organized pursuant to Part 4 (commencing with Section
14825) of Division 12 of the Health and Safety Code.
(f) "Rural area" means territory that is outside of any urbanized
area designated by the United States Census Bureau from the 1980
federal census.
(g) "Secretary" means the Secretary of Emergency Management.
SEC. 45. Section 8589.11 of the Government Code is amended to
read:
8589.11. The agency may acquire new or used firefighting
apparatus and equipment for resale to local agencies. If the
apparatus or equipment is in a used condition, the agency may
contract with the Prison Industry Authority to repair or refurbish
the apparatus or equipment to acceptable fire service standards
before resale. The resale price shall recover the agency's cost of
acquisition, repairing, refurbishing, and associated indirect
expenses.
SEC. 46. Section 8589.12 of the Government Code is amended to
read:
8589.12. If a state agency, including the agency, proposes to
make firefighting apparatus or equipment which is currently owned and
operated by the state available to the agency for use under this
article, the Department of General Services shall determine whether
there is any immediate need by any state agency for the apparatus or
equipment. If there is no immediate need, the Department of General
Services shall release the apparatus or equipment to the agency. If
the office acquires firefighting apparatus or equipment from another
state agency, the agency shall pay the fair market value of the
apparatus or equipment, as determined by the Department of General
Services, unless the state agency agrees to a lesser payment.
SEC. 47. Section 8589.13 of the Government Code is amended to
read:
8589.13. (a) The agency shall give first priority for the sale of
new or used firefighting apparatus and equipment to a local agency
that serves a rural area, and is authorized to contract with a local
agency that serves a rural area for this purpose. The agency shall
give second priority for the sale of new or used firefighting
apparatus and equipment to any local agency. If after reasonable
efforts by the agency to sell new or used firefighting apparatus and
equipment to any local agency, and not less than 90 days after
providing notice to these local agencies, the agency may sell any
remaining firefighting apparatus and equipment to public agencies
outside of California, the federal government, and Indian tribes,
subject to any applicable federal requirements.
(b) If a contract for the sale of new or used firefighting
apparatus and equipment under subdivision (a) provides for the local
agency to pay the sale price in more than one installment, the local
agency shall pay interest at a rate specified in the contract, which
shall not exceed 1 percent less than the rate earned by the Pooled
Money Investment Board, and the term of a contract shall not exceed
five years.
(c) If a contract for the sale of new or used firefighting
apparatus and equipment under subdivision (a) provides for a local
agency to obtain a loan from another source, the agency may insure
the other loan.
SEC. 48. Section 8589.14 of the Government Code is amended to
read:
8589.14. The agency shall operate an information system which is
capable of identifying firefighting apparatus and equipment which is
available for acquisition, and local agencies which are interested in
acquiring apparatus and equipment.
SEC. 49. Section 8589.15 of the Government Code is amended to
read:
8589.15. The agency may contract with the Prison Industry
Authority to perform any of the responsibilities or services required
or authorized by this article.
SEC. 50. Section 8589.16 of the Government Code is amended to
read:
8589.16. There is hereby created in the General Fund the State
Assistance for Fire Equipment Account, which, notwithstanding Section
13340, is continuously appropriated to the agency for the purposes
of Sections 8589.11 and 8589.13. All proceeds from the resale of
firefighting apparatus and equipment shall be paid to the account.
SEC. 51. Section 8589.17 of the Government Code is amended to
read:
8589.17. Every contract with a local agency for the resale of
firefighting apparatus and equipment shall specify that the local
agency shall make the apparatus or equipment available to other local
agencies in the same county as part of a mutual aid agreement. The
apparatus or equipment shall be available for mutual aid responses
for the length of the term of the contract with the agency.
SEC. 52. Section 8589.18 of the Government Code is amended to
read:
8589.18. If a local agency defaults on a contract for the resale
of firefighting apparatus and equipment, the agency may either
renegotiate the contract or take possession of the apparatus or
equipment for subsequent resale to another local agency.
SEC. 53. Section 8589.19 of the Government Code is amended to
read:
8589.19. (a) After consultation with the California Emergency
Management Agency Fire Advisory Committee, the secretary shall adopt
rules and regulations governing the operation of the programs created
by this article pursuant to the Administrative Procedure Act,
Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3.
(b) The rules and regulations adopted pursuant to subdivision (a)
shall include, but not be limited to, all of the following:
(1) The specific types of firefighting apparatus and equipment
which may be acquired, rehabilitated, and resold.
(2) The amount and terms of resale contracts.
(3) The time, format, and manner in which local agencies may apply
for resale contracts.
(4) Priorities for assisting local agencies which shall give
preference to local agencies which meet all of the following:
(A) Demonstrated need for primary response firefighting apparatus
and equipment.
(B) Will be adequately able to operate and maintain the
firefighting apparatus and equipment.
(C) Have already used other means of financing the firefighting
apparatus and equipment.
SEC. 54. Section 8589.20 of the Government Code is amended to
read:
8589.20. All state agencies, boards, and commissions shall
cooperate with the agency in implementing the programs created by
this article.
SEC. 55. Section 8589.21 of the Government Code is amended to
read:
8589.21. The secretary shall be responsible for the programs
created by this article which, except as provided by Sections 8589.12
and 8589.15, shall not be subject to the requirements of the State
Equipment Council or the Office of Fleet Administration of the
Department of General Services.
SEC. 56. Section 8589.22 of the Government Code is repealed.
SEC. 57. Section 8590.1 of the Government Code is amended to read:
8590.1. As used in this article, the following terms have the
following meanings:
(a) "Agency" means the California Emergency Management Agency.
(b) "Local agency" means any city, county, city and county, fire
district, special district, or joint powers agency that provides fire
suppression services. "Local agency" also includes a fire company
organized pursuant to Part 4 (commencing with Section 14825) of
Division 12 of the Health and Safety Code.
(c) "Secretary" means the Secretary of Emergency Management.
(d) "State agency" means any state agency providing residential or
institutional fire protection, including, but not limited to, the
Department of Forestry and Fire Protection.
SEC. 58. Section 8590.2 of the Government Code is amended to read:
8590.2. There is established in the agency a thermal imaging
equipment purchasing program under which the agency shall acquire
firefighting thermal imaging equipment on behalf of local and state
agencies that are interested in obtaining this equipment.
SEC. 59. Section 8590.3 of the Government Code is amended to read:
8590.3. In administering the purchasing program, the secretary
shall do all of the following:
(a) No later than 45 days after the effective date of this
article, establish an advisory committee, which shall be comprised of
representatives of organizations including, but not limited to, the
California Fire Chiefs Association, the Fire Districts Association of
California, the California Professional Firefighters, the CDF
Firefighters, and the California State Firefighters Association, Inc.
The committee shall meet no later than 30 days after all members are
appointed.
(b) Consult with the advisory committee regarding equipment
specifications and other matters relating to the acquisition of
thermal imaging equipment, and require the advisory committee to
formulate specifications no later than 120 days after its initial
meeting.
(c) Notify all local and state agencies about the purchasing
program, including the opportunity to purchase additional units at
the contract price, and determine whether those agencies are
interested in obtaining thermal imaging equipment.
(d) Purchase thermal imaging equipment at the lowest possible
price from a reliable vendor that meets specified requirements. It is
the intent of the Legislature that the director enter into a
multiyear contract for this purpose no later than 180 days after the
committee formulates specifications pursuant to subdivision (b).
(e) Include a provision in the vendor contract allowing any local
or state agency to purchase additional units directly from the vendor
at the contract price.
(f) Any local agency that elects to participate in the thermal
imaging equipment purchasing program shall pay one-half of the
contract price for each piece of equipment purchased on its behalf by
the state.
SEC. 60. Section 8590.4 of the Government Code is amended to read:
8590.4. (a) The secretary shall seek funding for the program from
the private sector, grant programs, and other appropriate sources.
(b) The secretary, after consultation with the advisory
commission, shall distribute equipment purchased under the program in
order to maximize its utilization by firefighters based on
consideration of the following factors:
(1) Ability to share or move the equipment to fire locations.
(2) Availability of existing thermal imaging equipment.
(3) Geography.
(4) Need based on frequency of fires.
SEC. 61. Section 8591 of the Government Code is amended to read:
8591. Nothing in this chapter shall operate to prevent the
Governor or Emergency Management from formally recognizing committees
or boards established by or with segments of the private sector,
public agencies, or both the private sector and public agencies, that
control facilities, resources, or the provision of services
essential to the mitigation of the effects of an emergency or
recovery therefrom, or from assigning administrative authority or
responsibility to those committees or boards or to members thereof
with respect to the provision and effective utilization of those
resources to meet needs resulting from an emergency.
SEC. 62. Section 8592.1 of the Government Code is amended to read:
8592.1. For purposes of this article, the following terms have
the following meanings:
(a) "Backward compatibility" means that the equipment is able to
function with older, existing equipment.
(b) "Committee" means the Public Safety Radio Strategic Planning
Committee, which was established in December 1994 in recognition of
the need to improve existing public radio systems and to develop
interoperability among public safety departments and between state
public safety departments and local or federal entities, and which
consists of representatives of the following state entities:
(1) The California Emergency Management Agency, the representative
of which shall serve as chairperson.
(2) The Department of the California Highway Patrol.
(3) The Department of Transportation.
(4) The Department of Corrections and Rehabilitation.
(5) The Department of Parks and Recreation.
(6) The Department of Fish and Game.
(7) The Department of Forestry and Fire Protection.
(8) The Department of Justice.
(9) The Department of Water Resources.
(10) The State Department of Public Health.
(11) The Emergency Medical Services Authority.
(12) The Department of General Services.
(13) The Military Department.
(14) The Department of Finance.
(c) "First response agencies" means public agencies that, in the
early states of an incident, are responsible for, among other things,
the protection and preservation of life, property, evidence, and the
environment, including, but not limited to, state fire agencies,
state and local emergency medical services agencies, local sheriffs'
departments, municipal police departments, county and city fire
departments, and police and fire
protection districts.
(d) "Nonproprietary equipment or systems" means equipment or
systems that are able to function with another manufacturer's
equipment or system regardless of type or design.
(e) "Open architecture" means a system that can accommodate
equipment from various vendors because it is not a proprietary
system.
(f) "Public safety radio subscriber" means the ultimate end user.
Subscribers include individuals or organizations, including, for
example, local police departments, fire departments, and other
operators of a public safety radio system. Typical subscriber
equipment includes end instruments, including mobile radios,
hand-held radios, mobile repeaters, fixed repeaters, transmitters, or
receivers that are interconnected to utilize assigned public safety
communications frequencies.
(g) "Public safety spectrum" means the spectrum allocated by the
Federal Communications Commission for operation of interoperable and
general use radio communication systems for public safety purposes
within the state.
SEC. 63. Section 8592.6 of the Government Code is repealed.
SEC. 64. Section 8593.4 of the Government Code is repealed.
SEC. 65. Section 8593.6 of the Government Code is amended to read:
8593.6. (a) No later than six months after securing funding for
the purposes of this section, the Secretary of Emergency Management
shall convene a working group for the purpose of assessing existing
and future technologies available in the public and private sectors
for the expansion of transmission of emergency alerts to the public
through a public-private partnership. The working group shall advise
the secretary and assist in the development of policies, procedures,
and protocols that will lay the framework for an improved warning
system for the public.
(b) (1) The working group shall consist of the following
membership, to be appointed by the secretary:
(A) A representative of the California Emergency Management
Agency.
(B) A representative of the Attorney General's office.
(C) A representative of the State Department of Public Health.
(D) A representative of the State Emergency Communications
Committee.
(E) A representative of the Los Angeles County Office of Emergency
Management, at the option of that agency.
(F) A representative or representatives of local government, at
the option of the local government or governments.
(G) Representatives of the private sector who possess technology,
experience, or insight that will aid in the development of a
public-private partnership to expand an alert system to the public,
including, but not limited to, representatives of providers of mass
communication systems, first responders, and broadcasters.
(H) Additional representatives of any public or private entity as
deemed appropriate by the Secretary of Emergency Management.
(2) In performing its duties, the working group shall consult with
the Federal Communications Commission, and with respect to grants
and fiscal matters, the California Emergency Management Agency.
(c) The working group shall consider and make recommendations with
respect to all of the following:
(1) Private and public programs, including pilot projects that
attempt to integrate a public-private partnership to expand an alert
system.
(2) Protocols, including formats, source or originator
identification, threat severity, hazard description, and response
requirements or recommendations, for alerts to be transmitted via an
alert system that ensures that alerts are capable of being utilized
across the broadest variety of communication technologies, at state
and local levels.
(3) Protocols and guidelines to prioritize assurance of the
greatest level of interoperability for first responders and families
of first responders.
(4) Procedures for verifying, initiating, modifying, and canceling
alerts transmitted via an alert system.
(5) Guidelines for the technical capabilities of an alert system.
(6) Guidelines for technical capability that provides for the
priority transmission of alerts.
(7) Guidelines for other capabilities of an alert system.
(8) Standards for equipment and technologies used by an alert
system.
(9) Cost estimates.
(10) Standards and protocols in accordance with, or in
anticipation of, Federal Communications Commission requirements and
federal statutes or regulations.
(11) Liability issues.
(d) The secretary may accept private monetary or in-kind donations
for the purposes of this section.
SEC. 66. Section 8596 of the Government Code is amended to read:
8596. (a) Each department, division, bureau, board, commission,
officer, and employee of this state shall render all possible
assistance to the Governor and to the Secretary of Emergency
Management in carrying out the provisions of this chapter.
(b) In providing that assistance, state agencies shall cooperate
to the fullest possible extent with each other and with political
subdivisions, relief agencies, and the American National Red Cross,
but nothing contained in this chapter shall be construed to limit or
in any way affect the responsibilities of the American National Red
Cross under the federal act approved January 5, 1905 (33 Stat. 599),
as amended.
(c) Entities providing disaster-related services and assistance
shall strive to ensure that all victims receive the assistance that
they need and for which they are eligible. Public employees shall
assist evacuees and other individuals in securing disaster-related
assistance and services without eliciting any information or document
that is not strictly necessary to determine eligibility under state
and federal laws. Nothing in this subdivision shall prevent public
employees from taking reasonable steps to protect the health or
safety of evacuees and other individuals during an emergency.
(d) State personnel, equipment, and facilities may be used to
clear and dispose of debris on private property only after the
Governor finds: (1) that the use is for a state purpose; (2) that the
use is in the public interest, serving the general welfare of the
state; and (3) that the personnel, equipment, and facilities are
already in the emergency area.
SEC. 67. Section 8601 of the Government Code is repealed.
SEC. 68. Section 8607 of the Government Code is amended to read:
8607. (a) The California Emergency Management Agency, in
coordination with all interested state agencies with designated
response roles in the state emergency plan and interested local
emergency management agencies shall jointly establish by regulation a
standardized emergency management system for use by all emergency
response agencies. The public water systems identified in Section
8607.2 may review and comment on these regulations prior to adoption.
This system shall be applicable, but not limited to, those
emergencies or disasters referenced in the state emergency plan. The
standardized emergency management system shall include all of the
following systems as a framework for responding to and managing
emergencies and disasters involving multiple jurisdictions or
multiple agency responses:
(1) The Incident Command Systems adapted from the systems
originally developed by the FIRESCOPE Program, including those
currently in use by state agencies.
(2) The multiagency coordination system as developed by the
FIRESCOPE Program.
(3) The mutual aid agreement, as defined in Section 8561, and
related mutual aid systems such as those used in law enforcement,
fire service, and coroners operations.
(4) The operational area concept, as defined in Section 8559.
(b) Individual agencies' roles and responsibilities agreed upon
and contained in existing laws or the state emergency plan are not
superseded by this article.
(c) The California Emergency Management Agency, in coordination
with the State Fire Marshal's office, the Department of the
California Highway Patrol, the Commission on Peace Officer Standards
and Training, the Emergency Medical Services Authority, and all other
interested state agencies with designated response roles in the
state emergency plan, shall jointly develop an approved course of
instruction for use in training all emergency response personnel,
consisting of the concepts and procedures associated with the
standardized emergency management system described in subdivision
(a).
(d) All state agencies shall use the standardized emergency
management system as adopted pursuant to subdivision (a), to
coordinate multiple jurisdiction or multiple agency emergency and
disaster operations.
(e) (1) Each local agency, in order to be eligible for any funding
of response-related costs under disaster assistance programs, shall
use the standardized emergency management system as adopted pursuant
to subdivision (a) to coordinate multiple jurisdiction or multiple
agency operations.
(2) Notwithstanding paragraph (1), local agencies shall be
eligible for repair, renovation, or any other nonpersonnel costs
resulting from an emergency.
(f) The California Emergency Management Agency shall, in
cooperation with involved state and local agencies, complete an
after-action report within 120 days after each declared disaster.
This report shall review public safety response and disaster recovery
activities and shall be made available to all interested public
safety and emergency management organizations.
SEC. 69. Section 8607.2 of the Government Code is amended to read:
8607.2. (a) All public water systems, as defined in subdivision
(f) of Section 116275 of the Health and Safety Code, with 10,000 or
more service connections shall review and revise their disaster
preparedness plans in conjunction with related agencies, including,
but not limited to, local fire departments and the California
Emergency Management Agency to ensure that the plans are sufficient
to address possible disaster scenarios. These plans should examine
and review pumping station and distribution facility operations
during an emergency, water pressure at both pumping stations and
hydrants, and whether there is sufficient water reserve levels and
alternative emergency power, including, but not limited to, onsite
backup generators and portable generators.
(b) All public water systems, as defined in subdivision (f) of
Section 116275 of the Health and Safety Code, with 10,000 or more
service connections following a declared state of emergency shall
furnish an assessment of their emergency response and recommendations
to the Legislature within six months after each disaster, as well as
implementing the recommendations in a timely manner.
(c) The California Emergency Management Agency shall establish
appropriate and insofar as practical, emergency response and recovery
plans, including mutual aid plans, in coordination with public water
systems, as defined in subdivision (f) of Section 116275 of the
Health and Safety Code, with 10,000 or more service connections.
SEC. 70. Section 8608 of the Government Code is amended to read:
8608. The California Emergency Management Agency shall approve
and adopt, and incorporate the California Animal Response Emergency
System (CARES) program developed under the oversight of the
Department of Food and Agriculture into the standardized emergency
management system established pursuant to subdivision (a) of Section
8607.
SEC. 71. Section 8610 of the Government Code is amended to read:
8610. Counties, cities and counties, and cities may create
disaster councils by ordinance. A disaster council shall develop
plans for meeting any condition constituting a local emergency or
state of emergency, including, but not limited to, earthquakes,
natural or manmade disasters specific to that jurisdiction, or state
of war emergency; those plans shall provide for the effective
mobilization of all of the resources within the political
subdivision, both public and private. The disaster council shall
supply a copy of any plans developed pursuant to this section to the
California Emergency Management Agency. The governing body of a
county, city and county, or city may, in the ordinance or by
resolution adopted pursuant to the ordinance, provide for the
organization, powers and duties, divisions, services, and staff of
the emergency organization. The governing body of a county, city and
county, or city may, by ordinance or resolution, authorize public
officers, employees, and registered volunteers to command the aid of
citizens when necessary in the execution of their duties during a
state of war emergency, a state of emergency, or a local emergency.
Counties, cities and counties, and cities may enact ordinances and
resolutions and either establish rules and regulations or authorize
disaster councils to recommend to the director of the local emergency
organization rules and regulations for dealing with local
emergencies that can be adequately dealt with locally; and further
may act to carry out mutual aid on a voluntary basis and, to this
end, may enter into agreements.
SEC. 72. Section 8610.3 of the Government Code is amended to read:
8610.3. The Legislature hereby finds and declares as follows:
(a) The California Emergency Management Agency, in consultation
with the State Department of Health Services and affected counties,
investigated the consequences of a serious nuclear powerplant
accident for each of the nuclear powerplants in California with a
generating capacity of 50 megawatts or more.
(b) This study culminated in the establishment of emergency
planning zones for nuclear powerplant emergency preparedness.
(c) All state and local government nuclear powerplant emergency
response plans have been revised to reflect the information provided
in the study.
SEC. 73. Section 8612 of the Government Code is amended to read:
8612. Any disaster council that both agrees to follow the rules
and regulations established by the California Emergency Management
Agency pursuant to Section 8585.5 and substantially complies with
those rules and regulations shall be certified by the agency. Upon
that certification, and not before, the disaster council becomes an
accredited disaster council.
SEC. 74. Section 8613 of the Government Code is amended to read:
8613. Should an accredited disaster council fail to comply with
the rules and regulations of the California Emergency Management
Agency in any material degree, the agency may revoke its
certification and, upon the act of revocation, the disaster council
shall lose its accredited status. It may again become an accredited
disaster council in the same manner as is provided for a disaster
council that has not previously been accredited.
SEC. 75. Section 8614 of the Government Code is amended to read:
8614. (a) Each department, division, bureau, board, commission,
officer, and employee of each political subdivision of the state
shall render all possible assistance to the Governor and to the
Secretary of Emergency Management in carrying out the provisions of
this chapter.
(b) The emergency power that may be vested in a local public
official during a state of war emergency or a state of emergency
shall be subject or subordinate to the powers vested in the Governor
under this chapter when exercised by the Governor.
(c) Ordinances, orders, and regulations of a political subdivision
shall continue in effect during a state of war emergency or a state
of emergency except as to any provision suspended or superseded by an
order or regulation issued by the Governor.
SEC. 76. Section 8639 of the Government Code is amended to read:
8639. The qualifications of each standby officer should be
carefully investigated, and the governing body may request the
Secretary of Emergency Management to aid in the investigation of any
prospective appointee. No examination or investigation shall be made
without the consent of the prospective appointee.
Consideration shall be given to places of residence and work, so
that for each office for which standby officers are appointed there
shall be the greatest probability of survivorship. Standby officers
may be residents or officers of a political subdivision other than
that to which they are appointed as standby officers.
SEC. 77. Section 8651 of the Government Code is amended to read:
8651. The Secretary of Emergency Management may procure from the
federal government or any of its agencies such surplus equipment,
apparatus, supplies, and storage facilities therefor as may be
necessary to accomplish the purposes of this chapter.
SEC. 78. Section 8657 of the Government Code is amended to read:
8657. (a) Volunteers duly enrolled or registered with the
California Emergency Management Agency or any disaster council of any
political subdivision, or unregistered persons duly impressed into
service during a state of war emergency, a state of emergency, or a
local emergency, in carrying out, complying with, or attempting to
comply with, any order or regulation issued or promulgated pursuant
to the provisions of this chapter or any local ordinance, or
performing any of their authorized functions or duties or training
for the performance of their authorized functions or duties, shall
have the same degree of responsibility for their actions and enjoy
the same immunities as officers and employees of the state and its
political subdivisions performing similar work for their respective
entities.
(b) No political subdivision or other public agency under any
circumstances, nor the officers, employees, agents, or duly enrolled
or registered volunteers thereof, or unregistered persons duly
impressed into service during a state of war emergency, a state of
emergency, or a local emergency, acting within the scope of their
official duties under this chapter or any local ordinance shall be
liable for personal injury or property damage sustained by any duly
enrolled or registered volunteer engaged in or training for emergency
preparedness or relief activity, or by any unregistered person duly
impressed into service during a state of war emergency, a state of
emergency, or a local emergency and engaged in such service. The
foregoing shall not affect the right of any such person to receive
benefits or compensation which may be specifically provided by the
provisions of any federal or state statute nor shall it affect the
right of any person to recover under the terms of any policy of
insurance.
(c) The California Earthquake Prediction Evaluation Council, an
advisory committee established pursuant to Section 8590 of this
chapter, may advise the Governor of the existence of an earthquake or
volcanic prediction having scientific validity. In its review,
hearings, deliberations, or other validation procedures, members of
the council, jointly and severally, shall have the same degree of
responsibility for their actions and enjoy the same immunities as
officers and employees of the state and its political subdivisions
engaged in similar work in their respective entities. Any person
making a presentation to the council as part of the council's
validation process, including presentation of a prediction for
validation, shall be deemed a member of the council until the council
has found the prediction to have or not have scientific validity.
SEC. 79. Section 8657.5 of the Government Code is amended to read:
8657.5. (a) (1) A private business included on the statewide
registry pursuant to Section 8588.2 that voluntarily and without
expectation and receipt of compensation donates services, goods,
labor, equipment, resources, or dispensaries or other facilities, in
compliance with Section 8588.2, during a declared state of war, state
of emergency, or state of local emergency shall not be civilly
liable for a death, injury, illness, or other damage to a person or
property caused by the private business's donation of services,
goods, labor, equipment, resources, or dispensaries or other
facilities.
(2) A private business included on the statewide registry that
voluntarily and without expectation and receipt of compensation
donates services, goods, labor, equipment, resources, or dispensaries
or other facilities, in compliance with Section 8588.2, during an
emergency medical services training program conducted by the
California Emergency Management Agency and a city, a county, or a
city and county shall not be civilly liable for damages alleged to
have resulted from those training programs, as described in Section
1799.100 of the Health and Safety Code.
(b) (1) A nonprofit organization included on the statewide
registry pursuant to Section 8588.2 that voluntarily and without
expectation and receipt of compensation from victims of emergencies
and disasters donates services, goods, labor, equipment, resources,
or dispensaries or other facilities, in compliance with Section
8588.2, during a declared state of war, state of emergency, or state
of local emergency shall not be civilly liable for a death, injury,
illness, or other damage to a person or property caused by the
nonprofit organization's donation of services, goods, labor,
equipment, resources, or dispensaries or other facilities.
(2) A nonprofit organization included on the statewide registry
that voluntarily and without expectation and receipt of compensation
donates services, goods, labor, equipment, resources, or dispensaries
or other facilities, in compliance with Section 8588.2, during an
emergency medical services training program conducted by the
California Emergency Management Agency and a city, a county, or a
city and county, shall not be civilly liable for damages alleged to
have resulted from those training programs, as described in Section
1799.100 of the Health and Safety Code.
(c) A private business or nonprofit organization that
discriminates against a victim of an emergency or disaster based on a
protected classification under federal or state law shall not be
entitled to the protections in subdivision (a) or (b).
(d) This section shall not relieve a private business or nonprofit
organization from liability caused by its grossly negligent act or
omission, or willful or wanton misconduct.
SEC. 80. Section 8670.20 of the Government Code is amended to
read:
8670.20. (a) For the purposes of this section, "vessel" means a
vessel, as defined in Section 21 of the Harbors and Navigation Code,
of 300 gross registered tons or more.
(b) Any party responsible for a vessel shall notify the Coast
Guard within one hour of a disability if the disabled vessel is
within 12 miles of the shore of this state. The administrator and the
California Emergency Management Agency shall request the Coast Guard
to notify the California Emergency Management Agency as soon as
possible after the Coast Guard receives notice of a disabled vessel
within 12 miles of the shore of this state. The administrator shall
attempt to negotiate an agreement with the Coast Guard governing
procedures for Coast Guard notification to the state regarding
disabled vessels.
(c) Whenever the California Emergency Management Agency receives
notice of a disabled vessel, the office shall immediately notify the
administrator. If the administrator receives notice from any other
source regarding the presence of a disabled vessel within 12 miles of
the shore of this state, the administrator shall immediately notify
the California Emergency Management Agency.
(d) For the purposes of this section, a vessel shall be considered
disabled if any of the following occurs:
(1) Any accidental or intentional grounding that creates a hazard
to the environment or the safety of the vessel.
(2) Loss of main propulsion or primary steering or any component
or control system that causes a reduction in the maneuvering
capabilities of the vessel. For the purposes of this paragraph, "loss"
means that any system, component, part, subsystem, or control system
does not perform the specified or required function.
(3) An occurrence materially and adversely affecting the vessel's
seaworthiness or fitness for service, including, but not limited to,
fire, flooding, or collision with another vessel.
(4) Any occurrence not meeting the above criteria, but that
creates the serious possibility of an oil spill or an occurrence that
may result in an oil spill.
(e) For the purposes of this section, a tank barge shall be
considered disabled if any of the following occur:
(1) The towing mechanism becomes disabled.
(2) The tugboat towing the tank barge becomes disabled through
occurrences specified in subdivision (d).
SEC. 81. Section 8670.25.5 of the Government Code is amended to
read:
8670.25.5. (a) (1) Without regard to intent or negligence, any
party responsible for the discharge or threatened discharge of oil in
marine waters shall report the discharge immediately to the
California Emergency Management Agency pursuant to Section 25507 of
the Health and Safety Code.
(2) If the information initially reported pursuant to paragraph
(1) was inaccurate or incomplete, or if the quantity of oil
discharged has changed, any party responsible for the discharge or
threatened discharge of oil in marine waters shall report the updated
information immediately to the California Emergency Management
Agency pursuant to paragraph (1). The report shall contain the
accurate or complete information, or the revised quantity of oil
discharged.
(b) Immediately upon receiving notification pursuant to
subdivision (a), the California Emergency Management Agency shall
notify the administrator, the State Lands Commission, the California
Coastal Commission, the California regional water quality control
board having jurisdiction over the location of the discharged oil,
and the appropriate local governmental agencies in the area
surrounding the discharged oil, and take the actions required by
subdivision (d) of Section 8589.7. If the spill has occurred within
the jurisdiction of the San Francisco Bay Conservation and
Development Commission, the California Emergency Management Agency
shall notify that commission. Each public agency specified in this
subdivision shall adopt an internal protocol over communications
regarding the discharge of oil and file the internal protocol with
the California Emergency Management Agency.
(c) The 24-hour emergency telephone number of the California
Emergency Management Agency shall be posted at every terminal, at the
area of control of every marine facility, and on the bridge of every
tankship in marine waters.
(d) This section does not apply to discharges, or potential
discharges, of less than one barrel (42 gallons) of oil unless a more
restrictive reporting standard is adopted in the California oil
spill contingency plan prepared pursuant to Section 8574.1.
(e) Except as
otherwise provided in this section and Section 8589.7, a notification
made pursuant to this section shall satisfy any immediate
notification requirement contained in any permit issued by a
permitting agency.
SEC. 82. Section 8670.26 of the Government Code is amended to
read:
8670.26. Any local or state agency responding to a spill of oil
shall notify the California Emergency Management Agency, if
notification as required under Section 8670.25.5, Section 13272 of
the Water Code, or any other notification procedure adopted in the
California oil spill contingency plan has not occurred.
SEC. 83. Section 8670.64 of the Government Code is amended to
read:
8670.64. (a) A person who commits any of the following acts,
shall, upon conviction, be punished by imprisonment in a county jail
for not more than one year or by imprisonment in the state prison:
(1) Except as provided in Section 8670.27, knowingly fails to
follow the direction or orders of the administrator in connection
with an oil spill.
(2) Knowingly fails to notify the Coast Guard that a vessel is
disabled within one hour of the disability and the vessel, while
disabled, causes a discharge of oil which enters marine waters. For
the purposes of this paragraph, "vessel" means a vessel, as defined
in Section 21 of the Harbors and Navigation Code, of 300 gross
registered tons or more.
(3) Knowingly engages in or causes the discharge or spill of oil
into marine waters, or a person who reasonably should have known that
he or she was engaging in or causing the discharge or spill of oil
into marine waters, unless the discharge is authorized by the United
States, the state, or another agency with appropriate jurisdiction.
(4) Knowingly fails to begin cleanup, abatement, or removal of
spilled oil as required in Section 8670.25.
(b) The court shall also impose upon a person convicted of
violating subdivision (a), a fine of not less than five thousand
dollars ($5,000) or more than five hundred thousand dollars
($500,000) for each violation. For purposes of this subdivision, each
day or partial day that a violation occurs is a separate violation.
(c) (1) A person who knowingly does any of the acts specified in
paragraph (2) shall, upon conviction, be punished by a fine of not
less than two thousand five hundred dollars ($2,500) or more than two
hundred fifty thousand dollars ($250,000), or by imprisonment in a
county jail for not more than one year, or by both the fine and
imprisonment. Each day or partial day that a violation occurs is a
separate violation. If the conviction is for a second or subsequent
violation of this subdivision, the person shall be punished by
imprisonment in the state prison or in a county jail for not more
than one year, or by a fine of not less than five thousand dollars
($5,000) or more than five hundred thousand dollars ($500,000), or by
both the fine and imprisonment:
(2) The acts subject to this subdivision are all of the following:
(A) Failing to notify the California Emergency Management Agency
in violation of Section 8670.25.5.
(B) Knowingly making a false or misleading marine oil spill report
to the California Emergency Management Agency.
(C) Continuing operations for which an oil spill contingency plan
is required without an oil spill contingency plan approved pursuant
to Article 5 (commencing with Section 8670.28).
(D) Except as provided in Section 8670.27, knowingly failing to
follow the material provisions of an applicable oil spill contingency
plan.
SEC. 84. Section 8680.7 of the Government Code is amended to read:
8680.7. "Secretary" means the Secretary of Emergency Management.
SEC. 85. Section 8685 of the Government Code is amended to read:
8685. From any moneys appropriated for that purpose, and subject
to the conditions specified in this article, the secretary shall
allocate funds to meet the cost of any one or more projects as
defined in Section 8680.4. Applications by school districts shall be
submitted to the Superintendent of Public Instruction for review and
approval, in accordance with instructions or regulations developed by
the California Emergency Management Agency, prior to the allocation
of funds by the secretary.
Moneys appropriated for the purposes of this chapter may be used
to provide financial assistance for the following local agency and
state costs:
(a) Local agency personnel costs, equipment costs, and the cost of
supplies and materials used during disaster response activities,
incurred as a result of a state of emergency proclaimed by the
Governor, excluding the normal hourly wage costs of employees engaged
in emergency work activities.
(b) To repair, restore, reconstruct, or replace facilities
belonging to local agencies damaged as a result of disasters as
defined in Section 8680.3. Mitigation measures performed pursuant to
subdivision (b) of Section 8686.4 shall qualify for funding pursuant
to this chapter.
(c) Matching fund assistance for cost sharing required under
federal disaster assistance programs, as otherwise eligible under
this act.
(d) Indirect administrative costs and any other assistance deemed
necessary by the director.
(e) Necessary and required site preparation costs for mobilehomes,
travel trailers, and other manufactured housing units provided and
operated by the Federal Emergency Management Agency.
SEC. 86. Section 8685.2 of the Government Code is amended to read:
8685.2. An allocation may be made to a local agency for a project
when, within 10 days after the actual occurrence of a disaster, the
local agency has proclaimed a local emergency and that proclamation
is acceptable to the secretary or upon the order of the Governor when
a state of emergency proclamation has been issued, and if the
Legislature has appropriated money for allocation for purposes of
this chapter.
SEC. 87. Section 8685.4 of the Government Code is amended to read:
8685.4. A local agency shall make application to the secretary
for state financial assistance within 60 days after the date of the
proclamation of a local emergency. The secretary may extend the time
for this filing only under unusual circumstances. No financial aid
shall be provided until a state agency, upon the request of the
secretary, has first investigated and reported upon the proposed
work, has estimated the cost of the work, and has filed its report
with the secretary within 60 days from the date the local agency made
application, unless the secretary extends the time because of
unusual circumstances. The estimate of cost of the work may include
expenditures made by the local agency for the work prior to the
making of the estimate. If the reporting state agency fails to report
its findings within the 60-day period, and time is not extended by
the secretary, the secretary may complete the investigation and
recover a proportionate amount allocated to the state agency for the
balance of the investigation. "Unusual circumstances," as used above,
are unavoidable delays that result from recurrence of a disaster,
prolonged severe weather within a one-year period, or other
conditions beyond the control of the applicant. Delays resulting from
administrative procedures are not unusual circumstances which
warrant extensions of time.
SEC. 88. Section 8685.6 of the Government Code is amended to read:
8685.6. No money shall be allocated for a project until the local
agency has indicated in writing its acceptance of the project
proposal and the cost-sharing related thereto in such form as the
secretary prescribes. The project proposal shall provide for the
performance of the work by the local agency, or by the state agency
in whose area of responsibility such work falls, if the local agency
and such state agency determine that the work should be performed by
the state agency. The project proposal shall also provide for the
methods of handling the funds allocated and the matching funds
provided by the local agency. It shall also contain such other
provisions as are deemed necessary to assure completion of the work
included in the project and the proper expenditure of funds as
provided herein.
SEC. 89. Section 8685.8 of the Government Code is amended to read:
8685.8. Under procedures to be prescribed by the secretary, a
local agency may receive an advance of funds to initiate a project.
Such advances shall be limited to not more than 90 percent of the
estimated state's share of the project, as determined pursuant to
Section 8686.
SEC. 90. Section 8686.2 of the Government Code is amended to read:
8686.2. When the United States or any agency thereof is to
provide disaster relief funds for any portion of the cost of a
project, the amount so provided shall be deducted from the cost of
the project in determining the amount to be allocated by the state
and the amount to be contributed by the local agency under Section
8686. It shall not be required that the disaster relief funds to be
provided from federal sources shall be paid into the State Treasury,
but the secretary shall, if state funds are available, authorize the
work to be commenced when the secretary has received assurance,
adequate in his or her opinion, that the federal disaster relief
matching funds will be made available for expenditure for the work,
or for payment to the state for performance thereof.
SEC. 91. Section 8686.3 of the Government Code is amended to read:
8686.3. Local agencies shall undertake to recover maximum federal
participation in funding projects. No funds allocated under this
chapter shall be used to supplant federal funds otherwise available
in the absence of state financial relief. State contributions for
such projects as determined by Section 8686 will be reduced by an
amount equal to the amount local agencies would have recovered from
federal disaster relief sources if they had applied for that funding
and had executed the eligible projects in conformity with federal
requirements. When a local agency applies for federal disaster relief
funds, the secretary shall inform the agency of available state
funds.
SEC. 92. Section 8686.4 of the Government Code is amended to read:
8686.4. (a) Whenever the local agency and the secretary determine
for projects that the general public and state interest will be
better served by replacing a damaged or destroyed facility with a
facility that will more adequately serve the present and future
public needs than would be accomplished merely by repairing or
restoring the damaged or destroyed facility, the secretary shall
authorize the replacement, including, in the case of a public
building, an increase in the square footage of the building replaced,
but the cost of the betterment of the facility, to the extent that
it exceeds the cost of repairing or restoring the damaged or
destroyed facility, shall be borne and contributed by the local
agency, and the excess cost shall be excluded in determining the
amount to be allocated by the state. The state contribution shall not
exceed the net cost of restoring each facility on the basis of the
design of the facility as it existed immediately prior to the
disaster in conformity with current codes, specifications, and
standards.
(b) Notwithstanding subdivision (a), when the secretary determines
there are mitigation measures that are cost effective and that
substantially reduce the risk of future damage, hardship, loss, or
suffering in any area where a state of emergency has been proclaimed
by the Governor, the secretary may authorize the implementation of
those measures.
SEC. 93. Section 8686.8 of the Government Code is amended to read:
8686.8. If the secretary determines that a local agency is
financially unable to meet the matching requirements set forth in
Section 8686, or unable to provide funds for replacement of a
facility pursuant to Section 8686.4, the secretary may, if that loan
would not result in a violation of Section 18 of Article XVI of the
California Constitution and out of any state money made available for
purposes of this chapter, lend funds, for the completion of a
project or projects. The local agency shall be required by the
secretary to make its contribution by means of deferred payments. The
deferred payments shall be made in the amounts and at the times
provided by the agreement executed in connection with the
application, but in any event providing full repayment within 10
years, and shall include a charge to be fixed by the secretary in an
amount estimated by him or her to equal the revenue that the state
would have derived by investing the total amounts loaned at the
interest rate prevailing for legal state investments as of the date
of the loan.
SEC. 94. Section 8687 of the Government Code is amended to read:
8687. Deferred payments made by a local agency pursuant to
Section 8686.8 shall be made by the agency:
(a) Out of the current revenues of the local agency.
(b) If the current revenues of a city, county, or city and county,
prove insufficient to enable the agency to meet the payments, the
secretary may order the State Controller to withhold from the local
agency funds that the local agency would be entitled from the state,
including, as to street and highway projects as defined by Sections
590 and 592 of the Vehicle Code, from the Motor Vehicle License Fee
Fund to the extent necessary to meet the deficiency.
Those sums shall be credited to the funds in the State Treasury
from which the loans were made.
SEC. 95. Section 8687.2 of the Government Code is amended to read:
8687.2. Notwithstanding Section 8686, whenever the secretary
determines that a local agency to which funds are proposed to be
allocated for a public facilities project is financially unable to
meet the matching requirements set forth in Section 8686 due to
exhaustion of its financial resources because of disaster
expenditures, the provisions of Section 8686 may be suspended, and
the secretary may allocate funds to pay all of the cost of the
project or that portion of the cost which the secretary determines is
necessary to accomplish the project, taking into consideration the
financial ability of the local agency to meet the matching
requirements of Section 8686 and the public benefit of the proposed
work, less any money provided by the United States or any agency
thereof for any portion of the cost of the project.
SEC. 96. Section 8687.4 of the Government Code is amended to read:
8687.4. Whenever the secretary determines that a local agency
which would otherwise be eligible for funds under the formula of
Section 8686 is unable to finance a project due to exhaustion of its
financial resources because of disaster expenditures, the secretary
may allocate funds to pay such portion of the cost of the project as
the secretary determines is necessary to accomplish the projects.
SEC. 97. Section 8687.7 of the Government Code is amended to read:
8687.7. (a) As used in this section, the following terms have the
following meanings:
(1) "Agency" means the California Emergency Management Agency.
(2) "Community" means a geographic area impacted by an emergency
proclaimed by the Governor that includes the jurisdiction of one or
more local agencies.
(3) "Community recovery partners" means local, state, and federal
agencies, private nonprofit organizations, nongovernmental agencies,
faith-based organizations, and other private entities.
(b) The agency may establish a model process that would be made
available to assist a community in recovering from an emergency
proclaimed by the Governor. The model process may include the
following:
(1) The role of the agency in the community recovery process.
(2) Procedures for the agency to have representation onsite as
soon as practicable after the Governor proclaims a state of
emergency.
(3) The role of the agency to facilitate the use of temporary
services, including, but not limited to, direct assistance to
individuals, families, and businesses, crisis counseling, disaster
unemployment assistance, food and clothing vouchers, communications
systems, replacement of personal identification documents, provision
of potable water, housing, farm service assistance, tax relief,
insurance, and legal services.
(4) The role of the agency to facilitate the establishment of
temporary structures, including local assistance centers, showers and
bathroom facilities, and temporary administrative offices.
(5) Measures to encourage the participation of nongovernmental
organizations in the community recovery process to supplement
recovery activities undertaken by federal or local agencies.
(6) The agency may refer the model process to the standardized
Emergency Management System (SEMS) Advisory Board, or any other
advisory board it deems appropriate, for review and modifications.
(7) It is the intent of the Legislature that the model process
assists and complements local procedures. The model process should
allow the agency to offer additional assistance when that assistance
is needed but not available through local agencies.
SEC. 98. Section 8692 of the Government Code is amended to read:
8692. (a) If a state of emergency is proclaimed, an eligible
private nonprofit organization may receive state assistance for
distribution of supplies and other disaster or emergency assistance
activities resulting in extraordinary cost.
(b) A private nonprofit organization is eligible for assistance
under this section if it is eligible for disaster assistance under
the Robert T. Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. Sec. 5121).
(c) An organization is not eligible for assistance under this
section if it employs religious content in the provision of emergency
assistance.
(d) Any grant of assistance under this section shall comply with
Section 4 of Article I and Section 5 of Article XVI of the California
Constitution, state and federal civil rights laws, and the First
Amendment to the United States Constitution in regard to the funding
of religious organizations and activities. These legal constraints
include prohibitions on the discrimination against beneficiaries and
staff based on protected categories, on the use of public funds for
proselytizing of religious doctrine, religious instruction, or
worship, and on the use of other religious means to accomplish
programmatic goals.
(e) The California Emergency Management Agency shall adopt
regulations to implement this section.
SEC. 99. Section 8696.5 of the Government Code is amended to read:
8696.5. As used in this chapter, the term "disaster" means those
conditions specified in subdivisions (b) and (c) of Section 8558 if
the estimated damage exceeds three billion dollars ($3,000,000,000)
or the Governor orders the Secretary of Emergency Management to carry
out the provisions of this chapter.
SEC. 100. Section 8697 of the Government Code is amended to read:
8697. (a) Upon the completion of the emergency phase and the
immediate recovery phase of a disaster, appropriate state agencies
shall take actions to provide continuity of effort conducive to
long-range economic recovery.
(b) The Secretary of Emergency Management shall invoke the
assignments made pursuant to Section 8595, specifying the emergency
functions of each agency or department.
(c) The Secretary of Emergency Management may make assignments to
assist local agencies in implementing Chapter 12.4 (commencing with
Section 8877.1).
SEC. 101. Section 8697.5 of the Government Code is amended to
read:
8697.5. The Secretary of Emergency Management, in executing the
purposes of this chapter, shall establish appropriate task forces or
emergency teams to include concerned elements of federal, state, and
local governments and the private sector.
SEC. 102. Section 8840 of the Government Code is amended to read:
8840. For purposes of this article, "eligible radio station"
means a radio station that, at the time of applying for a grant under
this article, meets both of the following requirements:
(a) It has met all of the following requirements for a period of
two years unless another time is specified:
(1) It is licensed by the Federal Communications Commission as a
noncommercial educational station, or is operating under program test
authority pending the grant of a license.
(2) It has its community of license and principal administrative
offices in this state and is not owned, controlled, managed, or
primarily financed by any corporation or entity outside of this
state.
(3) It provides a program service that meets the requirements for
a Community Service Grant from the Corporation for Public
Broadcasting.
(4) It provides significant locally originated programming in its
community of license.
(5) It broadcasts not less than 15 hours per day, 365 days per
year.
(6) It participates in statewide public broadcasting projects.
(7) It has provided, prior to its application for a grant under
this article, an audited financial statement for the years on which
the grant is based.
(8) It does either of the following:
(A) Meets the criteria for receipt of a Community Service Grant
from the Corporation for Public Broadcasting that were in effect on
June 30, 1995.
(B) Two months prior to applying for a grant, the station has a
full-time staff of at least one professional paid not less than the
California minimum wage, and is certified by the council as providing
a needed service to its community of license.
(b) It enters into a permanent agreement with the California
Emergency Management Agency to dedicate, as necessary, a broadcast
channel for the provision of emergency information, to broadcast that
information, and to ensure that it is presented in a format that
makes it accessible to the deaf, hearing-impaired, and
non-English-speaking populations throughout its broadcast area,
including rural and isolated populations.
SEC. 103. Section 8841 of the Government Code is amended to read:
8841. For purposes of this article, "eligible television station"
means a television station that, at the time of applying for a grant
under this article, unless another time is specified, meets all of
the following requirements:
(a) It has met all of the following requirements for a period of
two years:
(1) It is licensed by the Federal Communications Commission as a
noncommercial educational television station, or is operating under
program test authority pending the grant of a license.
(2) It has its community of license and principal administrative
offices in this state, and is not owned, controlled, managed, or
primarily financed by any corporation or entity outside of this
state.
(3) It provides a program service that meets the requirements for
a Community Service Grant from the Corporation for Public
Broadcasting.
(4) It provides substantial and significant locally originated
programming in its community of license.
(5) It broadcasts not less than 2,500 hours per year.
(6) It participates in statewide public broadcasting projects.
(7) It meets the criteria for receipt of a Community Service Grant
or base grant from the Corporation for Public Broadcasting that were
in effect on June 30, 1994.
(8) It has provided, prior to its application for a grant under
this article, an audited financial statement for the years on which
the grant is based.
(b) It enters into a permanent agreement with the California
Emergency Management Agency to dedicate, as necessary, a broadcast
channel for the provision of emergency information, to broadcast that
information, and to ensure that it is presented in a format that
makes it accessible to the deaf, hearing-impaired, and
non-English-speaking populations throughout its broadcast area,
including rural and isolated populations.
(c) At the time of disbursement of the funds, it certifies in
writing by the station manager or an officer of the licensee that it
has in its public file a plan to address the needs of significant
linguistic minorities in its service area.
SEC. 104. Section 8844 of the Government Code is amended to read:
8844. (a) Recognizing the necessity of converting California
stations to the technologies of digital broadcasting, the Legislature
intends that funds may be appropriated to the California Emergency
Management Agency for the purchase of equipment by eligible stations,
the installation of that equipment, or purchase of other materials
related to that equipment, pursuant to this article.
(b) The agency shall solicit applications for grant funds from
eligible stations throughout the state, and shall allocate funds
appropriated pursuant to subdivision (a) as follows:
(1) Seventy-five percent of any equipment purchase funds
appropriated pursuant to subdivision (a) shall be placed in an
equipment grant pool for eligible television stations, and 25 percent
shall be placed in an equipment grant pool for eligible radio
stations.
(2) Fifty percent of the funds in each grant pool shall be divided
equally among the stations in that grant pool.
(3) The remaining 50 percent of the funds in each grant pool shall
be divided among stations in that grant pool in proportion to their
nonfederal financial support.
(c) (1) Funds provided under this section shall be granted on a
matching basis, with each station required to raise from other
sources an amount equal to the funds provided to it under this
section.
(2) If any funds remain in either grant pool because of the
limitations set forth in paragraph (1), the remaining funds shall be
returned to the same pool for distribution to other stations that
have raised the required matching funds, in amounts proportionate to
the nonfederal financial support of those stations.
SEC. 105. Section 8870.2 of the Government Code is amended to
read:
8870.2. (a) The Alfred E. Alquist Seismic Safety Commission shall
consist of 15 members appointed by the Governor and confirmed by the
Senate, one member representing the California Emergency Management
Agency, one member representing the Division of the State Architect
in the Department of General Services, one member representing the
California State Building Standards Commission, one member appointed
by the Senate Rules Committee, and one member appointed by the
Speaker of the Assembly. The commission shall elect annually from its
membership its own chairperson and vice chairperson and may replace
them with other commissioners by majority vote. Commission members
shall be residents of California.
(b) A quorum shall consist of 11 members if there are no
vacancies, or else a majority of the members of the commission at the
time.
(c) The Legislature declares that the individuals appointed
to the commission are intended to represent the professions of
architecture, planning, fire protection, public utilities, structural
engineering, geotechnical engineering, geology, seismology, local
government, insurance, social services, emergency services, and the
Legislature and that such representation serves the public interest.
Accordingly, the Legislature finds that for purposes of persons who
hold this office the specified professions are tantamount to and
constitute the public generally within the meaning of Section 87103.
(d) The commission exists as a separate unit within the State and
Consumer Services Agency, and has the functions of prescribing
policy, holding meetings and setting dates of the meetings,
conducting investigations, and holding hearings insofar as those
powers are given by statute to the commission.
(e) The decisions and actions of the commission, with respect to
exercising its authority and carrying out its duties under this
chapter, or any other applicable law, are not subject to review by
the Secretary of the State and Consumer Services Agency, but are
final within the limits provided by this chapter.
(f) The Legislature further declares that the highest level of
service that the individuals appointed to the commission can provide
to the residents of California is to offer professional, unbiased,
scientifically based advice to the Governor and the Legislature. To
maintain this quality of service, it is imperative that the
commission retain its functional autonomy and access to the Governor
and the Legislature. As such, the commission shall retain its
existing authority to issue reports, publications, and literature, as
well as to sponsor legislation, and to take official positions on
proposed state and federal legislation.
SEC. 106. Section 8870.4 of the Government Code is amended to
read:
8870.4. (a) Except as provided in subdivision (d), the members of
the Alfred E. Alquist Seismic Safety Commission shall serve without
compensation but shall be paid per diem expenses of one hundred
dollars ($100) for each day's attendance at a meeting of the
commission, plus actual necessary travel expenses as determined by
Department of Personnel Administration rules.
(b) The members of the commission who represent the California
Emergency Management Agency, the California Building Standards
Commission, and the Division of the State Architect shall be
employees in good standing of those respective entities. Any per diem
and travel expenses of those members of the commission shall be paid
by the agencies that they represent on the commission, in compliance
with applicable conditions or regulations set by the Department of
Personnel Administration.
SEC. 107. Section 8870.7 of the Government Code is amended to
read:
8870.7. The commission is responsible for all of the following in
connection with earthquake hazard mitigation:
(a) Setting goals and priorities in the public and private
sectors.
(b) Requesting appropriate state agencies to devise criteria to
promote earthquake and disaster safety.
(c) Scheduling a report on disaster mitigation issues from the
California Emergency Management Agency, on the commission agenda as
required. For the purposes of this subdivision, the term disaster
refers to all natural hazards which could have an impact on public
safety.
(d) Recommending program changes to state agencies, local
agencies, and the private sector where such changes would improve
earthquake hazards and reduction.
(e) Reviewing the recovery and reconstruction efforts after
damaging earthquakes.
(f) Gathering, analyzing, and disseminating information.
(g) Encouraging research.
(h) Sponsoring training to help improve the competence of
specialized enforcement and other technical personnel.
(i) Helping to coordinate the earthquake safety activities of
government at all levels.
(j) Establishing and maintaining necessary working relationships
with any boards, commissions, departments, and agencies, or other
public or private organizations.
SEC. 108. Section 8870.71 of the Government Code is amended to
read:
8870.71. To implement the foregoing responsibilities, the
commission may do any of the following:
(a) Review state budgets and review grant proposals, other than
those grant proposals submitted by institutions of postsecondary
education to the federal government, for earthquake-related
activities and to advise the Governor and Legislature thereon.
(b) Review legislative proposals related to earthquake safety to
advise the Governor and the Legislature concerning the proposals and
to propose needed legislation.
(c) Recommend the addition, deletion, or changing of state agency
standards when, in the commission's view, the existing situation
creates undue hazards or when new developments would promote
earthquake hazard mitigation, and conduct public hearings as deemed
necessary on the subjects.
(d) In the conduct of any hearing, investigation, inquiry, or
study that is ordered or undertaken in any part of the state,
administer oaths and issue subpoenas for the attendance of witnesses
and the production of papers, records, reports, books, maps,
accounts, documents, and testimony.
(e) In addition, the commission may perform any of the functions
contained in subdivisions (a) to (d), inclusive, in relation to
disasters, as defined in subdivision (c) of Section 8870.7, in
connection with issues or items reported or discussed with the
California Emergency Management Agency at any commission meeting.
SEC. 109. Section 8871.3 of the Government Code is amended to
read:
8871.3. (a) The California Emergency Management Agency shall
establish an interim state operations center in southern California
to coordinate response to a major earthquake. The agency shall also
develop an operational communications plan for the center based upon
an inventory of current communications capabilities and an assessment
of structural vulnerabilities.
(b) The California Emergency Management Agency shall undertake a
design analysis regarding construction of a permanent state
operations center in southern California, including an evaluation of
telecommunications and information technology systems for emergency
management functions.
(c) All appropriations for the purposes of subdivision (a) or (b)
shall be reviewed by the Department of Finance prior to obligation of
funds.
SEC. 110. Section 8871.4 of the Government Code is amended to
read:
8871.4. The commission shall prepare the California Earthquake
Hazard Reduction Program, in consultation with the California
Emergency Management Agency, the Division of Mines and Geology in the
Department of Conservation, the Office of the State Architect, the
Emergency Medical Services Authority, the University of California
and other appropriate institutions of higher learning, the California
National Guard, the Department of Finance, other appropriate state
and local agencies, the private sector, volunteer groups, and the
Legislature.
The commission may hold public hearings or joint hearings with
other groups and conduct other activities as necessary for the
development of the program.
SEC. 111. Section 8876.7 of the Government Code is amended to
read:
8876.7. In carrying out its responsibilities under this chapter,
the Seismic Safety Commission, in close consultation with the
Business, Transportation and Housing Agency, the California Emergency
Management Agency, and the State and Consumers Services Agency, may
do the following:
(a) Monitor the work of the center on behalf of the state.
(b) Produce and deliver for each year that the center is in
operation, an independent evaluation of the work conducted at the
center as it pertains to the objectives of the center and reducing
earthquake losses and earthquake risk in the state recognizing that
as a national center it will undertake basic research of national and
international consequence as well. The report shall include the
following tasks:
(1) Interpret the results of research to indicate how the research
may affect state law and policy.
(2) Recommend ways to promote the application of research.
(3) Recommend priorities that would contribute to achieving the
center's objectives, provide direct benefits to California residents
and businesses, and lead to the completion of specific
recommendations in the state's earthquake risk reduction program.
SEC. 112. Section 8878.52 of the Government Code is amended to
read:
8878.52. As used in this chapter, the following terms have the
following meanings:
(a) "Agency" means the California Emergency Management Agency.
(b) "Committee" means the Earthquake Safety and Public Buildings
Rehabilitation Finance Committee created pursuant to subdivision (a)
of Section 8878.111.
(c) "Commission" means the Seismic Safety Commission.
(d) "Fund" means the Earthquake Safety and Public Buildings
Rehabilitation Fund of 1990 created pursuant to Section 8878.55.
(e) "Local government" means any city, county, city and county, or
special district.
(f) "Project" means a program of work to retrofit, reconstruct,
repair, replace, or relocate, for local government-owned facilities
only, a building, facility, or both, which is owned by any city,
county, city and county, or special district and which is included in
an application for a grant of funds.
(g) "State Architect" means the Office of the State Architect.
(h) "State building or facility" means any building or structure
owned by a state agency, which is identified pursuant to Section
8878.60, except for vehicular bridges, roadways, highways, or any
facilities or buildings owned by the University of California or the
California State University.
(i) "Local government building or facility" means an existing
essential services building, as defined in Section 16007 of the
Health and Safety Code, or an emergency or public safety local
building as identified in Section 8878.99, which is owned by a city,
county, city and county, or special district.
(j) State or local government buildings shall not include those
owned by private for-profit or private nonprofit corporations, or
those owned by any combination, consortium, or joint powers agreement
that includes a private nonprofit corporation.
(k) "Retrofit" means to either strengthen the structure of a
building or facility, or to provide the means necessary to reduce the
seismic force level experienced by a building or facility during an
earthquake, so as to significantly reduce hazards to life and safety
while concomitantly providing for the substantially safe egress of
occupants during and immediately after such an earthquake.
SEC. 113. Section 8878.90 of the Government Code is amended to
read:
8878.90. (a) The State Architect, with the consultation of the
Seismic Safety Commission and the agency, shall establish criteria
for projects potentially eligible for an appropriation from the
Legislature, pursuant to subdivision (b) of Section 8878.55 based on
factors including the populations at risk of injury and the
cost-effectiveness of remedial actions.
(b) The State Architect shall establish the criteria for potential
funding pursuant to subdivision (b) of Section 8878.55 based upon
the following order of seismic hazard reduction priorities:
(1) Abatement of falling hazards, as defined by the State
Architect with the consultation of the Seismic Safety Commission,
that are structural or nonstructural components of buildings or
facilities and that pose serious threats to life, including, but not
limited to, parapets, appendages, cornices, hanging objects, and
building cladding.
(2) The seismic retrofitting of those buildings or facilities for
which partial, localized, or phased seismic retrofits will
significantly reduce collapse hazards with minimal disruption to
either the operation of the buildings or facilities or disruption of
the occupants of the buildings or facilities.
(3) All other buildings or facilities requiring seismic
retrofitting.
SEC. 114. Section 8878.100 of the Government Code is amended to
read:
8878.100. Funds shall be distributed by the State Architect in
the following manner:
(a) Upon receipt of an application by a local government for a
grant pursuant to this article, the office or the State Architect may
propose improvements to the project which will meet regional needs
in a cost-effective manner. These improvements may include, but need
not be limited to, structural strengthening, hardening of
communication equipment, providing emergency power equipment, and
other capital improvements which can be demonstrated as part of an
emergency response plan which has a description of the critical
facilities needed to support emergency response. The office, the
State Architect, and the applicant may agree to include these capital
improvements in the grant.
(b) In coordination with the Seismic Safety Commission and agency,
and with the input of the potentially eligible local governments,
the State Architect, consistent with Section 8878.90, shall establish
a priority list of the types of potentially eligible local
government buildings and facilities which are eligible to receive a
state grant pursuant to this article.
(c) After completion of the priority list, the State Architect
shall present this list of potentially eligible local government
buildings and facilities to the Department of Finance for its review
and consideration of whether to recommend to the Governor to include
this list in the Budget Bill or other legislative proposal. The
Legislature may review and appropriate funds available under this
bond act for specific projects on the list which it deems
appropriate.
(d) The State Architect shall allocate funds to local governments
for the seismic retrofit of buildings or facilities based upon
projects and appropriations approved in the Budget Bill or some other
bill by the Legislature as provided in this section. Payments shall
be made on a progress basis.
SEC. 115. Section 8878.125 of the Government Code is amended to
read:
8878.125. (a) The proceeds from the sale of the bonds pursuant to
this chapter shall not replace or supplant funds available from the
Federal Emergency Management Agency (FEMA). If funds are received
from FEMA for costs applied for under this chapter, then proceeds
from the fund shall not be allocated, or if already allocated, then
the fund shall be reimbursed for any ineligible amount.
(b) No allocations shall be made from the fund for local buildings
or facilities that qualified for state or federal assistance under
the Disaster Assistance Act (Chapter 7.5 (commencing with Section
8680)) for retrofitting, reconstruction, repair, replacement, or
relocation of structures damaged by a disaster until the agency
determines either: (1) that reasonable efforts have been made to
secure other state and federal funds, or (2) that the other sources
of funding are insufficient to make the necessary seismic
improvements. Similarly, no allocations from the fund shall be made
for state buildings or facilities unless the Department of Finance
determines either: (1) the responsible agency has made reasonable
efforts to secure other state and federal funds, or (2) that the
other sources of funding are insufficient to correct state buildings
or facilities that are seismically unsafe or suffer from other safety
deficiencies.
SEC. 116. Section 8879.23 of the Government Code is amended to
read:
8879.23. The Highway Safety, Traffic Reduction, Air Quality, and
Port Security Fund of 2006 is hereby created in the State Treasury.
The Legislature intends that the proceeds of bonds deposited in the
fund shall be used to fund the mobility, safety, and air quality
improvements described in this article over the course of the next
decade. The proceeds of bonds issued and sold pursuant to this
chapter for the purposes specified in this chapter shall be allocated
in the following manner:
(a) (1) Four billion five hundred million dollars ($4,500,000,000)
shall be deposited in the Corridor Mobility Improvement Account,
which is hereby created in the fund. Funds in the account shall be
available to the California Transportation Commission, upon
appropriation in the annual Budget Bill by the Legislature, for
allocation for performance improvements on highly congested travel
corridors in California. Funds in the account shall be used for
performance improvements on the state highway system, or major access
routes to the state highway system on the local road system that
relieve congestion by expanding capacity, enhancing operations, or
otherwise improving travel times within these high-congestion travel
corridors, as identified by the department and regional or local
transportation agencies, pursuant to the process in paragraph (3) or
(4), as applicable.
(2) The commission shall develop and adopt guidelines, by December
1, 2006, including regional programming targets, for the program
funded by this subdivision, and shall allocate funds from the account
to projects after reviewing project nominations submitted by the
Department of Transportation and by regional transportation planning
agencies or county transportation commissions or authorities pursuant
to paragraph (4).
(3) Subject to the guidelines adopted pursuant to paragraph (2),
the department shall nominate, by no later than January 15, 2007,
projects for the allocation of funds from the account on a statewide
basis. The department's nominations shall be geographically balanced
and shall reflect the department's assessment of a program that best
meets the policy objectives described in paragraph (1).
(4) Subject to the guidelines adopted pursuant to paragraph (2), a
regional transportation planning agency or county transportation
commission or authority responsible for preparing a regional
transportation improvement plan under Section 14527 may nominate
projects identified pursuant to paragraph (1) that best meet the
policy objectives described in that paragraph for funding from the
account. Projects nominated pursuant to this paragraph shall be
submitted to the commission for consideration for funding by no later
than January 15, 2007.
(5) All nominations to the California Transportation Commission
shall be accompanied by documentation regarding the quantitative and
qualitative measures validating each project's consistency with the
policy objectives described in paragraph (1). All projects nominated
to the commission for funds from this account shall be included in a
regional transportation plan.
(6) After review of the project nominations, and supporting
documentation, the commission, by no later than March 1, 2007, shall
adopt an initial program of projects to be funded from the account.
This program may be updated every two years in conjunction with the
biennial process for adoption of the state transportation improvement
program pursuant to guidelines adopted by the commission. The
inclusion of a project in the program shall be based on a
demonstration that the project meets all of the following criteria:
(A) Is a high-priority project in the corridor as demonstrated by
either of the following: (i) its inclusion in the list of nominated
projects by both the department pursuant to paragraph (3) and the
regional transportation planning agency or county transportation
commission or authority, pursuant to paragraph (4); or (ii) if needed
to fully fund the project, the identification and commitment of
supplemental funding to the project from other state, local, or
federal funds.
(B) Can commence construction or implementation no later than
December 31, 2012.
(C) Improves mobility in a high-congestion corridor by improving
travel times or reducing the number of daily vehicle hours of delay,
improves the connectivity of the state highway system between rural,
suburban, and urban areas, or improves the operation or safety of a
highway or road segment.
(D) Improves access to jobs, housing, markets, and commerce.
(7) Where competing projects offer similar mobility improvements
to a specific corridor, the commission shall consider additional
benefits when determining which project shall be included in the
program for funding. These benefits shall include, but are not
limited to, the following:
(A) A finding that the project provides quantifiable air quality
benefits.
(B) A finding that the project substantially increases the safety
for travelers in the corridor.
(8) In adopting a program for funding pursuant to this
subdivision, the commission shall make a finding that the program is
geographically balanced, consistent with the geographic split for
funding described in Section 188 of the Streets and Highways Code;
provides mobility improvements in highly traveled or highly congested
corridors in all regions of California; and targets bond proceeds in
a manner that provides the increment of funding necessary, when
combined with other state, local, or federal funds, to provide the
mobility benefit in the earliest possible timeframe.
(9) The commission shall include in its annual report to the
Legislature, required by Section 14535, a summary of its activities
related to the administration of this program. The summary should, at
a minimum, include a description and the location of the projects
contained in the program, the amount of funds allocated to each
project, the status of each project, and a description of the
mobility improvements the program is achieving.
(b) One billion dollars ($1,000,000,000) shall be made available,
upon appropriation in the annual Budget Bill by the Legislature, to
the department for improvements to State Route 99. Funds may be used
for safety, operational enhancements, rehabilitation, or capacity
improvements necessary to improve the State Route 99 corridor
traversing approximately 400 miles of the central valley of this
state.
(c) Three billion one hundred million dollars ($3,100,000,000)
shall be deposited in the California Ports Infrastructure, Security,
and Air Quality Improvement Account, which is hereby created in the
fund. The money in the account shall be available, upon appropriation
by the Legislature and subject to such conditions and criteria as
the Legislature may provide by statute, as follows:
(1) (A) Two billion dollars ($2,000,000,000) shall be transferred
to the Trade Corridors Improvement Fund, which is hereby created. The
money in this fund shall be available, upon appropriation in the
annual Budget Bill by the Legislature and subject to such conditions
and criteria as the Legislature may provide by statute, for
allocation by the California Transportation Commission for
infrastructure improvements along federally designated "Trade
Corridors of National Significance" in this state or along other
corridors within this state that have a high volume of freight
movement, as determined by the commission. In determining projects
eligible for funding, the commission shall consult the trade
infrastructure and goods movement plan submitted to the commission by
the Secretary of Business, Transportation and Housing and the
Secretary for Environmental Protection. No moneys shall be allocated
from this fund until the report is submitted to the commission for
its consideration, provided the report is submitted no later than
January 1, 2007. The commission shall also consult trade
infrastructure and goods movement plans adopted by regional
transportation planning agencies, adopted regional transportation
plans required by state and federal law, and the statewide port
master plan prepared by the California Marine and Intermodal
Transportation System Advisory Council (Cal-MITSAC) pursuant to
Section 1760 of the Harbors and Navigation Code, when determining
eligible projects for funding. Eligible projects for these funds
include, but are not limited to, all of the following:
(i) Highway capacity improvements and operational improvements to
more efficiently accommodate the movement of freight, particularly
for ingress and egress to and from the state's seaports, including
navigable inland waterways used to transport freight between
seaports, land ports of entry, and airports, and to relieve traffic
congestion along major trade or goods movement corridors.
(ii) Freight rail system improvements to enhance the ability to
move goods from seaports, land ports of entry, and airports to
warehousing and distribution centers throughout California, including
projects that separate rail lines from highway or local road
traffic, improve freight rail mobility through mountainous regions,
relocate rail switching yards, and other projects that improve the
efficiency and capacity of the rail freight system.
(iii) Projects to enhance the capacity and efficiency of ports.
(iv) Truck corridor improvements, including dedicated truck
facilities or truck toll facilities.
(v) Border access improvements that enhance goods movement between
California and Mexico and that maximize the state's ability to
access coordinated border infrastructure funds made available to the
state by federal law.
(vi) Surface transportation improvements to facilitate the
movement of goods to and from the state's airports.
(B) The commission shall allocate funds for trade infrastructure
improvements from the account in a manner that (i) addresses the
state's most urgent needs, (ii) balances the demands of various ports
(between large and small ports, as well as between seaports,
airports, and land ports of entry), (iii) provides reasonable
geographic balance between the state's regions, and (iv) places
emphasis on projects that improve trade corridor mobility while
reducing emissions of diesel particulate and other pollutant
emissions. In addition, the commission shall also consider the
following factors when allocating these funds:
(i) "Velocity," which means the speed by which large cargo would
travel from the port through the distribution system.
(ii) "Throughput," which means the volume of cargo that would move
from the port through the distribution system.
(iii) "Reliability," which means a reasonably consistent and
predictable amount of time for cargo to travel from one point to
another on any given day or at any given time in California.
(iv) "Congestion reduction," which means the reduction in
recurrent daily hours of delay to be achieved.
(C) The commission shall allocate funds made available by this
paragraph to projects that have identified and committed supplemental
funding from appropriate local, federal, or private sources. The
commission shall determine the appropriate
amount of supplemental funding each project
should have to be eligible for moneys from this fund based on a
project-by-project review and an assessment of the project's benefit
to the state and the program. Except for border access improvements
described in clause (v) of subparagraph (A), improvements funded with
moneys from this fund shall have supplemental funding that is at
least equal to the amount of the contribution from the fund. The
commission may give priority for funding to projects with higher
levels of committed supplemental funding.
(D) The commission shall include in its annual report to the
Legislature, required by Section 14535, a summary of its activities
related to the administration of this program. The summary should, at
a minimum, include a description and the location of the projects
contained in the program, the amount of funds allocated to each
project, the status of each project, and a description of the
mobility and air quality improvements the program is achieving.
(2) One billion dollars ($1,000,000,000) shall be made available,
upon appropriation by the Legislature and subject to such conditions
and criteria contained in a statute enacted by the Legislature, to
the State Air Resources Board for emission reductions, not otherwise
required by law or regulation, from activities related to the
movement of freight along California's trade corridors. Funds made
available by this paragraph are intended to supplement existing funds
used to finance strategies and public benefit projects that reduce
emissions and improve air quality in trade corridors commencing at
the state's airports, seaports, and land ports of entry.
(3) One hundred million dollars ($100,000,000) shall be available,
upon appropriation by the Legislature, to the California Emergency
Management Agency to be allocated, as grants, for port, harbor, and
ferry terminal security improvements. Eligible applicants shall be
publicly owned ports, harbors, and ferryboat and ferry terminal
operators, which may submit applications for projects that include,
but are not limited to, the following:
(A) Video surveillance equipment.
(B) Explosives detection technology, including, but not limited
to, X-ray devices.
(C) Cargo scanners.
(D) Radiation monitors.
(E) Thermal protective equipment.
(F) Site identification instruments capable of providing a
fingerprint for a broad inventory of chemical agents.
(G) Other devices capable of detecting weapons of mass destruction
using chemical, biological, or other similar substances.
(H) Other security equipment to assist in any of the following:
(i) Screening of incoming vessels, trucks, and incoming or
outbound cargo.
(ii) Monitoring the physical perimeters of harbors, ports, and
ferry terminals.
(iii) Providing or augmenting onsite emergency response
capability.
(I) Overweight cargo detection equipment, including, but not
limited to, intermodal crane scales and truck weight scales.
(J) Developing disaster preparedness or emergency response plans.
(d) Two hundred million dollars ($200,000,000) shall be available,
upon appropriation by the Legislature, for schoolbus retrofit and
replacement to reduce air pollution and to reduce children's exposure
to diesel exhaust.
(e) Two billion dollars ($2,000,000,000) shall be available for
projects in the state transportation improvement program, to augment
funds otherwise available for this purpose from other sources. The
funds provided by this subdivision shall be deposited in the
Transportation Facilities Account which is hereby created in the
fund, and shall be available, upon appropriation by the Legislature,
to the Department of Transportation, as allocated by the California
Transportation Commission in the same manner as funds allocated for
those projects under existing law.
(f) (1) Four billion dollars ($4,000,000,000) shall be deposited
in the Public Transportation Modernization, Improvement, and Service
Enhancement Account, which is hereby created in the fund. Funds in
the account shall be made available, upon appropriation by the
Legislature, to the Department of Transportation for intercity rail
projects and to commuter or urban rail operators, bus operators,
waterborne transit operators, and other transit operators in
California for rehabilitation, safety or modernization improvements,
capital service enhancements or expansions, new capital projects, bus
or rapid transit improvements, or for rolling stock procurement,
rehabilitation, or replacement.
(2) Of the funds made available in paragraph (1), four hundred
million dollars ($400,000,000) shall be available, upon appropriation
by the Legislature, to the department for intercity rail
improvements, of which one hundred twenty-five million dollars
($125,000,000) shall be used for the procurement of additional
intercity railcars and locomotives.
(3) Of the funds remaining after the allocations in paragraph (2),
50 percent shall be distributed to the Controller, for allocation to
eligible agencies using the formula in Section 99314 of the Public
Utilities Code, and 50 percent shall be distributed to the
Controller, for allocation to eligible agencies using the formula in
Section 99313 of the Public Utilities Code, subject to the provisions
governing funds allocated under those sections.
(g) One billion dollars ($1,000,000,000) shall be deposited in the
State-Local Partnership Program Account, which is hereby created in
the fund. The funds shall be available, upon appropriation by the
Legislature and subject to such conditions and criteria as the
Legislature may provide by statute, for allocation by the California
Transportation Commission over a five-year period to eligible
transportation projects nominated by an applicant transportation
agency. A dollar-for-dollar match of local funds shall be required
for an applicant transportation agency to receive state funds under
this program.
(h) One billion dollars ($1,000,000,000) shall be deposited in the
Transit System Safety, Security, and Disaster Response Account,
which is hereby created in the fund. Funds in the account shall be
made available, upon appropriation by the Legislature and subject to
such conditions and criteria as the Legislature may provide by
statute, for capital projects that provide increased protection
against a security and safety threat, and for capital expenditures to
increase the capacity of transit operators, including waterborne
transit operators, to develop disaster response transportation
systems that can move people, goods, and emergency personnel and
equipment in the aftermath of a disaster impairing the mobility of
goods, people, and equipment.
(i) One hundred twenty-five million dollars ($125,000,000) shall
be deposited in the Local Bridge Seismic Retrofit Account, which is
hereby created in the fund. The funds in the account shall be used,
upon appropriation by the Legislature, to provide the 11.5 percent
required match for federal Highway Bridge Replacement and Repair
funds available to the state for seismic work on local bridges,
ramps, and overpasses, as identified by the Department of
Transportation.
(j) (1) Two hundred fifty million dollars ($250,000,000) shall be
deposited in the Highway-Railroad Crossing Safety Account, which is
hereby created in the fund. Funds in the account shall be available,
upon appropriation by the Legislature, to the Department of
Transportation for the completion of high-priority grade separation
and railroad crossing safety improvements. Funds in the account shall
be made available for allocation pursuant to the process established
in Chapter 10 (commencing with Section 2450) of Division 3 of the
Streets and Highways Code, except that a dollar-for-dollar match of
nonstate funds shall be provided for each project, and the limitation
on maximum project cost in subdivision (g) of Section 2454 of the
Streets and Highways Code shall not be applicable to projects funded
with these funds.
(2) Notwithstanding the funding allocation process described in
paragraph (1), in consultation with the department and the Public
Utilities Commission, the California Transportation Commission shall
allocate one hundred million dollars ($100,000,000) of the funds in
the account to high-priority railroad crossing improvements,
including grade separation projects, that are not part of the process
established in Chapter 10 (commencing with Section 2450) of Division
3 of the Streets and Highways Code. The allocation of funds under
this paragraph shall be made in consultation and coordination with
the High-Speed Rail Authority created pursuant to Division 19.5
(commencing with Section 185000) of the Public Utilities Code.
(k) (1) Seven hundred fifty million dollars ($750,000,000) shall
be deposited in the Highway Safety, Rehabilitation, and Preservation
Account, which is hereby created in the fund. Funds in the account
shall be available, upon appropriation by the Legislature, to the
Department of Transportation, as allocated by the California
Transportation Commission, for the purposes of the state highway
operation and protection program as described in Section 14526.5.
(2) The department shall develop a program for distribution of two
hundred fifty million dollars ($250,000,000) from the funds
identified in paragraph (1) to fund traffic light synchronization
projects or other technology-based improvements to improve safety,
operations, and the effective capacity of local streets and roads.
(l) (1) Two billion dollars ($2,000,000,000) shall be deposited in
the Local Streets and Road Improvement, Congestion Relief, and
Traffic Safety Account of 2006, which is hereby created in the fund.
The proceeds of bonds deposited into that account shall be available,
upon appropriation by the Legislature, for the purposes specified in
this subdivision to the Controller for administration and allocation
in the fiscal year in which the bonds are issued and sold, including
any interest or other return earned on the investment of those
moneys, in the following manner:
(A) Fifty percent to the counties, including a city and county, in
accordance with the following formulas:
(i) Seventy-five percent of the funds payable under this
subparagraph shall be apportioned among the counties in the
proportion that the number of fee-paid and exempt vehicles that are
registered in the county bears to the number of fee-paid and exempt
vehicles registered in the state.
(ii) Twenty-five percent of the funds payable under this
subparagraph shall be apportioned among the counties in the
proportion that the number of miles of maintained county roads in
each county bears to the total number of miles of maintained county
roads in the state. For the purposes of apportioning funds under this
clause, any roads within the boundaries of a city and county that
are not state highways shall be deemed to be county roads.
(B) Fifty percent to the cities, including a city and county,
apportioned among the cities in the proportion that the total
population of the city bears to the total population of all the
cities in the state, provided, however, that the Controller shall
allocate a minimum of four hundred thousand dollars ($400,000) to
each city, pursuant to this subparagraph.
(2) Funds received under this subdivision shall be deposited as
follows in order to avoid the commingling of those funds with other
local funds:
(A) In the case of a city, into the city account that is
designated for the receipt of state funds allocated for local streets
and roads.
(B) In the case of an eligible county, into the county road fund.
(C) In the case of a city and county, into a local account that is
designated for the receipt of state funds allocated for local
streets and roads.
(3) For the purpose of allocating funds under this subdivision to
cities and a city and county, the Controller shall use the most
recent population estimates prepared by the Demographic Research Unit
of the Department of Finance. For a city that incorporated after
January 1, 1998, that does not appear on the most recent population
estimates prepared by the Demographic Research Unit, the Controller
shall use the population determined for that city under Section
11005.3 of the Revenue and Taxation Code.
(4) Funds apportioned to a city, county, or city and county under
this subdivision, including any interest or other return earned on
the investment of those funds, shall be used for improvements to
transportation facilities that will assist in reducing local traffic
congestion and further deterioration, improving traffic flows, or
increasing traffic safety that may include, but not be limited to,
street and highway pavement maintenance, rehabilitation,
installation, construction, and reconstruction of necessary
associated facilities such as drainage and traffic control devices,
or the maintenance, rehabilitation, installation, construction, and
reconstruction of facilities that expand ridership on transit
systems, safety projects to reduce fatalities, or as a local match to
obtain state or federal transportation funds for similar purposes.
(5) At the conclusion of each fiscal year during which a city or
county expends the funds it has received under this subdivision,
including any interest or other return earned on the investment of
these funds, the Controller may verify the city's or county's
compliance with paragraph (4). Any city or county that has not
complied with paragraph (4) shall reimburse the state for the funds
it received during that fiscal year, including any interest or other
return earned on the investment of these funds. Any funds withheld or
returned as a result of a failure to comply with paragraph (4) shall
be reallocated to the other counties and cities whose expenditures
are in compliance.
SEC. 117. Section 8879.50 of the Government Code is amended to
read:
8879.50. (a) As used in this chapter and in Chapter 12.49
(commencing with Section 8879.20), the following terms have the
following meanings:
(1) "Commission" means the California Transportation Commission.
(2) "Department" means the Department of Transportation.
(3) "Administrative agency" means the state agency responsible for
programming bond funds made available by Chapter 12.49 (commencing
with Section 8879.20), as specified in subdivision (c).
(4) Unless otherwise specified in this chapter, "project" includes
equipment purchase, construction, right-of-way acquisition, and
project delivery costs.
(5) "Recipient agency" means the recipient of bond funds made
available by Chapter 12.49 (commencing with Section 8879.20) that is
responsible for implementation of an approved project.
(6) "Fund" shall have the same meaning as in subdivision (c) of
Section 8879.20.
(b) Administrative costs, including audit and program oversight
costs for agencies, commissions, or departments administering
programs funded pursuant to this chapter, recoverable by bond funds
shall not exceed 3 percent of the program's cost.
(c) The administrative agency for each bond account is as follows:
(1) The commission is the administrative agency for the Corridor
Mobility Improvement Account; the Trade Corridors Improvement Fund;
the Transportation Facilities Account; the State Route 99 Account;
the State-Local Partnership Program Account; the Local Bridge Seismic
Retrofit Account; the Highway-Railroad Crossing Safety Account; and
the Highway Safety, Rehabilitation, and Preservation Account.
(2) The California Emergency Management Agency is the
administrative agency for the Port and Maritime Security Account and
the Transit System Safety, Security, and Disaster Response Account.
(3) The department is the administrative agency for the Public
Transportation Modernization, Improvement, and Service Enhancement
Account.
(d) The administrative agency shall not approve project fund
allocations for a project until the recipient agency provides a
project funding plan that demonstrates that the funds are expected to
be reasonably available and sufficient to complete the project. The
administrative agency may approve funding for usable project segments
only if the benefits associated with each individual segment are
sufficient to meet the objectives of the program from which the
individual segment is funded.
(e) Guidelines adopted by the administrative agency pursuant to
this chapter and Chapter 12.49 (commencing with Section 8879.20) are
intended to provide internal guidance for the agency and shall be
exempt from the Administrative Procedure Act (Chapter 3.5 (commencing
with Section 11340) of Part 1 of Division 3), and shall do all of
the following:
(1) Provide for the audit of project expenditures and outcomes.
(2) Require that the useful life of the project be identified as
part of the project nomination process.
(3) Require that project nominations have project delivery
milestones, including, but not limited to, start and completion dates
for environmental clearance, land acquisition, design, construction
bid award, construction completion, and project closeout, as
applicable.
(f) (1) As a condition for allocation of funds to a specific
project under Chapter 12.49 (commencing with Section 8879.20), the
administrative agency shall require the recipient agency to report,
on a semiannual basis, on the activities and progress made toward
implementation of the project. If it is anticipated that project
costs will exceed the approved project budget, the recipient agency
shall provide a plan to the administrative agency for achieving the
benefits of the project by either downscoping the project to remain
within budget or by identifying an alternative funding source to meet
the cost increase. The administrative agency may either approve the
corrective plan or direct the recipient agency to modify its plan.
(2) Within six months of the project becoming operable, the
recipient agency shall provide a report to the administrative agency
on the final costs of the project as compared to the approved project
budget, the project duration as compared to the original project
schedule as of the date of allocation, and performance outcomes
derived from the project compared to those described in the original
application for funding. The administrative agency shall forward the
report to the Department of Finance by means approved by the
Department of Finance.
SEC. 118. Section 8879.53 of the Government Code is amended to
read:
8879.53. (a) Funds for the program contained in paragraph (3) of
subdivision (c) of Section 8879.23 shall be deposited in the Port and
Maritime Security Account, which is hereby created in the fund. For
purposes of this section, "agency" means the California Emergency
Management Agency.
(b) Funds in the account shall be available to the agency, upon
appropriation by the Legislature. Funds shall be made available as
grants to eligible applicants, as defined in paragraph (3) of
subdivision (c) of Section 8879.23, for capital projects that
include, but are not limited to, those projects described in
paragraph (3) of subdivision (c) of Section 8879.23.
(c) Prior to allocating funds to projects from the account, the
agency shall adopt guidelines to establish the criteria and process
for the distribution of funds. At least 30 days prior to adopting the
guidelines, the agency shall hold a public hearing on the proposed
guidelines and shall provide opportunity for public review and
comment.
(d) In allocating funds from the account, the agency shall do the
following:
(1) Address the state's most urgent maritime security needs.
(2) Balance the demands of the various large and small ports.
(3) Provide reasonable geographic balance in the distribution of
funds.
(e) The unencumbered balance of any funds appropriated to the
agency prior to June 30, 2009, for purposes of this section, shall
remain available to the agency for encumbrance pursuant to this
section until June 30, 2012.
(f) The agency's activities to implement this section shall be
incorporated into the report to the Legislature required in paragraph
(3) of subdivision (c) of Section 8879.23.
SEC. 119. Section 8879.57 of the Government Code is amended to
read:
8879.57. Funds made available, upon appropriation of the
Legislature, from the Transit System Safety, Security, and Disaster
Response Account, created in subdivision (h) of Section 8879.23,
shall be allocated as follows:
(a) (1) Sixty percent of available funds shall be allocated for
capital expenditures to agencies and transit operators eligible to
receive State Transit Assistance funds pursuant to Sections 99313 and
99314 of the Public Utilities Code. Of these funds, 50 percent shall
be allocated to eligible agencies using the formula in Section 99314
of the Public Utilities Code, and 50 percent shall be allocated to
eligible agencies using the formula in Section 99313 of the Public
Utilities Code, subject to the provisions governing funds allocated
under those sections. Funds allocated to the Metropolitan
Transportation Commission pursuant to Section 99313 of the Public
Utilities Code shall be suballocated to transit operators within its
jurisdiction pursuant to Section 99314 of the Public Utilities Code.
(2) Eligible capital expenditures shall include either of the
following:
(A) A capital project that provides increased protection against a
security or safety threat, including, but not limited to, the
following:
(i) Construction or renovation projects that are designed to
enhance the security of public transit stations, tunnels, guideways,
elevated structures, or other transit facilities and equipment.
(ii) Explosive device mitigation and remediation equipment.
(iii) Chemical, biological, radiological, and nuclear explosives
search, rescue, or response equipment.
(iv) Interoperable communications equipment.
(v) Physical security enhancement equipment.
(vi) The installation of fencing, barriers, gates, or related
security enhancements that are designed to improve the physical
security of transit stations, tunnels, guideways, elevated
structures, or other transit facilities and equipment.
(vii) Other security-related projects approved by the California
Emergency Management Agency.
(B) Capital expenditures to increase the capacity of transit
operators to develop disaster response transportation systems that
can move people, goods, and emergency personnel and equipment in the
aftermath of a disaster impairing the mobility of goods, people, and
equipment.
(b) (1) Twenty-five percent of available funds shall be allocated
for capital expenditures to regional public waterborne transit
agencies authorized to operate a regional public water transit
system, including the operation of water transit vessels, terminals,
and feeder buses, and not otherwise eligible to receive State Transit
Assistance funds as of the effective date of this article. Funds
shall be allocated for eligible capital expenditures that enhance the
capacity of regional public waterborne transit agencies to provide
disaster response transportation systems that can move people, goods,
and emergency personnel and equipment in the aftermath of a disaster
or emergency.
(2) Eligible capital expenditures include, but are not limited to,
the construction or acquisition of new vessels, the capital
improvement or construction of docks, terminals, or other waterborne
transit facilities, the purchase of related equipment, and the
construction of fueling facilities. A project shall (A) provide
capital facilities and equipment to a regional public waterborne
transit system that enhances the ability of the system to respond to
a regional emergency, (B) be included in a regional plan, including,
but not limited to, a regional plan for waterborne transit expansion
or disaster response preparedness, and (C) provide maximum
flexibility in responding to disasters or emergencies.
(c) (1) Fifteen percent of available funds shall be made available
for capital expenditures to the intercity passenger rail system
described in Section 14035 and to the commuter rail systems operated
by the entities specified in Section 14072 and in Section 99314.1 of
the Public Utilities Code. Operators who receive funding pursuant to
this subdivision shall not be eligible to receive funding pursuant to
subdivision (a).
(2) Eligible capital expenditures shall include either of the
following:
(A) A capital project that provides increased protection against a
security or safety threat, including, but not limited to, the
following:
(i) Construction or renovation projects that are designed to
enhance the security of public transit stations, tunnels, guideways,
elevated structures, or other transit facilities and equipment.
(ii) Explosive device mitigation and remediation equipment.
(iii) Chemical, biological, radiological, and nuclear explosives
search, rescue, or response equipment.
(iv) Interoperable communications equipment.
(v) Physical security enhancement equipment.
(vi) The installation of fencing, barriers, gates, or related
security enhancements that are designed to improve the physical
security of transit stations, tunnels, guideways, elevated
structures, or other transit facilities and equipment.
(vii) Other security-related projects approved by the California
Emergency Management Agency.
(B) Capital expenditures to increase the capacity of transit
operators to develop disaster response transportation systems that
can move people, goods, and emergency personnel and equipment in the
aftermath of a disaster impairing the mobility of goods, people, and
equipment.
SEC. 120. Section 8879.58 of the Government Code is amended to
read:
8879.58. (a) (1) No later than September 1 of the first fiscal
year in which the Legislature appropriates funds from the Transit
System Safety, Security, and Disaster Response Account, and no later
than September 1 of each fiscal year thereafter in which funds are
appropriated from that account, the Controller shall develop and make
public a list of eligible agencies and transit operators and the
amount of funds each is eligible to receive from the account pursuant
to subdivision (a) of Section 8879.57. It is the intent of the
Legislature that funds allocated to specified recipients pursuant to
this section provide each recipient with the same proportional share
of funds as the proportional share each received from the allocation
of State Transit Assistance funds, pursuant to Sections 99313 and
99314 of the Public Utilities Code, over fiscal years 2004-05,
2005-06, and 2006-07.
(2) In establishing the amount of funding each eligible recipient is
to receive under subdivision (a) of Section 8879.57 from appropriated
funds to be allocated based on Section 99313 of the Public Utilities
Code, the Controller shall make the following computations:
(A) For each eligible recipient, compute the amounts of State
Transit Assistance funds allocated to that recipient pursuant to
Section 99313 of the Public Utilities Code during the 2004-05,
2005-06, and 2006-07 fiscal years.
(B) Compute the total statewide allocation of State Transit
Assistance funds pursuant to Section 99313 of the Public Utilities
Code during the 2004-05, 2005-06, and 2006-07 fiscal years.
(C) Divide subparagraph (A) by subparagraph (B).
(D) For each eligible recipient, multiply the allocation factor
computed pursuant to subparagraph (C) by 50 percent of the amount
available for allocation pursuant to subdivision (a) of Section
8879.57.
(3) In establishing the amount of funding each eligible recipient
is eligible to receive under subdivision (a) of Section 8879.57 from
funds to be allocated based on Section 99314 of the Public Utilities
Code, the Controller shall make the following computations:
(A) For each eligible recipient, compute the amounts of State
Transit Assistance funds allocated to that recipient pursuant to
Section 99314 of the Public Utilities Code during the 2004-05,
2005-06, and 2006-07 fiscal years.
(B) Compute the total statewide allocation of State Transit
Assistance funds pursuant to Section 99314 of the Public Utilities
Code during the 2004-05, 2005-06, and 2006-07 fiscal years.
(C) Divide subparagraph (A) by subparagraph (B).
(D) For each eligible recipient, multiply the allocation factor
computed pursuant to subparagraph (C) by 50 percent of the amount
available for allocation pursuant to subdivision (a) of Section
8879.57.
(4) The Controller shall notify eligible recipients of the amount
of funding each is eligible to receive pursuant to subdivision (a) of
Section 8879.57 for the duration of time that these funds are made
available for these purposes based on the computations pursuant to
subparagraph (D) of paragraph (2) and subparagraph (D) of paragraph
(3).
(b) Prior to seeking a disbursement of funds for an eligible
project, an agency or transit operator on the public list described
in paragraph (1) of subdivision (a) shall submit to the California
Emergency Management Agency a description of the project it proposes
to fund with its share of funds from the account. The description
shall include all of the following:
(1) A summary of the proposed project that describes the safety,
security, or emergency response benefit that the project intends to
achieve.
(2) That the useful life of the project shall not be less than the
required useful life for capital assets specified in subdivision (a)
of Section 16727.
(3) The estimated schedule for the completion of the project.
(4) The total cost of the proposed project, including
identification of all funding sources necessary for the project to be
completed.
(c) After receiving the information required to be submitted under
subdivision (b), the agency shall review the information to
determine all of the following:
(1) The project is consistent with the purposes described in
subdivision (h) of Section 8879.23.
(2) The project is an eligible capital expenditure, as described
in subdivision (a) of Section 8879.57.
(3) The project is a capital improvement that meets the
requirements of paragraph (2) of subdivision (b).
(4) The project, or a useful component thereof, is, or will
become, fully funded with an allocation of funds from the Transit
System Safety, Security, and Disaster Response Account.
(d) (1) Upon conducting the review required in subdivision (c) and
determining that a proposed project meets the requirements of that
subdivision, the agency shall, on a quarterly basis, provide the
Controller with a list of projects and the sponsoring agencies or
transit operators eligible to receive an allocation from the account.
(2) The list of projects submitted to the Controller for
allocation for any one fiscal year shall be constrained by the total
amount of funds appropriated by the Legislature for the purposes of
this section for that fiscal year.
(3) For a fiscal year in which the number of projects submitted
for funding under this section exceeds available funds, the agency
shall prioritize projects contained on the lists submitted pursuant
to paragraph (1) so that (A) projects addressing the greatest risks
to the public have the highest priority and (B) to the maximum extent
possible, the list reflects a distribution of funding that is
geographically balanced.
(e) Upon receipt of the information from the agency required by
subdivision (d), the Controller's office shall commence any necessary
actions to allocate funds to eligible agencies and transit operators
sponsoring projects on the list of projects, including, but not
limited to, seeking the issuance of bonds for that purpose. The total
allocations to any one eligible agency or transit operator shall not
exceed that agency's or transit operator's share of funds from the
account pursuant to the formula contained in subdivision (a) of
Section 8879.57.
(f) The Controller's office may, pursuant to Section 12410, use
its authority to audit the use of state bond funds on projects
receiving an allocation under this section. Each eligible agency or
transit operator sponsoring a project subject to an audit shall
provide any and all data requested by the Controller's office in
order to complete the audit. The Controller's office shall transmit
copies of all completed audits to the agency and to the policy
committees of the Legislature with jurisdiction over transportation
and budget issues.
SEC. 121. Section 8879.60 of the Government Code is amended to
read:
8879.60. (a) For funds appropriated from the Transit System
Safety, Security, and Disaster Response Account for allocation to
intercity and commuter rail operators eligible to receive funds
pursuant to subdivision (c) of Section 8879.57, the California
Emergency Management Agency shall administer a grant application and
award program for those intercity and commuter rail operators.
(b) Funds awarded to intercity and commuter rail operators
pursuant to this section shall be for eligible capital expenditures
as described in subdivision (c) of Section 8879.57.
(c) Prior to allocating funds to projects pursuant to this
section, the agency shall adopt guidelines to establish the criteria
and process for the distribution of funds described in this section.
Prior to adopting the guidelines, the agency shall hold a public
hearing on the proposed guidelines.
(d) For each fiscal year in which funds are appropriated for the
purposes of this section, the agency shall issue a notice of funding
availability no later than October 1.
(e) No later than December 1 of each fiscal year in which the
notice in subdivision (d) is issued, eligible intercity and commuter
rail operators may submit project nominations for funding to the
agency for its review and consideration. Project nominations shall
include all of the following:
(1) A description of the project, which shall illustrate the
physical components of the project and the security or emergency
response benefit to be achieved by the completion of the project.
(2) Identification of all nonbond sources of funding committed to
the project.
(3) An estimate of the project's full cost and the proposed
schedule for the project's completion.
(f) No later than February 1, the agency shall select eligible
projects to receive grants under this section. Grants awarded to
intercity and commuter rail operators pursuant to subdivision (c) of
Section 8879.57 shall be for eligible capital expenditures, as
described in subparagraphs (A) and (B) of paragraph (2) of
subdivision (c) of that section.
SEC. 122. Section 8879.61 of the Government Code is amended to
read:
8879.61. (a) Entities described in subdivisions (a), (b), and (c)
of Section 8879.57 receiving an allocation of funds pursuant to this
article shall expend those funds within three fiscal years of the
fiscal year in which the funds were allocated. Funds remaining
unexpended thereafter shall revert to the California Emergency
Management Agency, as applicable, for reallocation in subsequent
fiscal years.
(b) Entities that receive grant awards from funds allocated
pursuant to subdivisions (b) or (c) of Section 8879.57 are not
eligible to receive awards from the funds allocated pursuant to
subdivision (a) of Section 8879.57.
(c) Funds appropriated for the program established by this article
in the Budget Act of 2007 shall be allocated consistent with the
allocation schedule established in Section 8879.57.
SEC. 123. Section 9147.5 of the Government Code is repealed.
SEC. 124. Section 11126 of the Government Code is amended to read:
11126. (a) (1) Nothing in this article shall be construed to
prevent a state body from holding closed sessions during a regular or
special meeting to consider the appointment, employment, evaluation
of performance, or dismissal of a public employee or to hear
complaints or charges brought against that employee by another person
or employee unless the employee requests a public hearing.
(2) As a condition to holding a closed session on the complaints
or charges to consider disciplinary action or to consider dismissal,
the employee shall be given written notice of his or her right to
have a public hearing, rather than a closed session, and that notice
shall be delivered to the employee personally or by mail at least 24
hours before the time for holding a regular or special meeting. If
notice is not given, any disciplinary or other action taken against
any employee at the closed session shall be null and void.
(3) The state body also may exclude from any public or closed
session, during the examination of a witness, any or all other
witnesses in the matter being investigated by the state body.
(4) Following the public hearing or closed session, the body may
deliberate on the decision to be reached in a closed session.
(b) For the purposes of this section, "employee" does not include
any person who is elected to, or appointed to a public office by, any
state body. However, officers of the California State University who
receive compensation for their services, other than per diem and
ordinary and necessary expenses, shall, when engaged in that
capacity, be considered employees. Furthermore, for purposes of this
section, the term employee includes a person exempt from civil
service pursuant to subdivision (e) of Section 4 of Article VII of
the California Constitution.
(c) Nothing in this article shall be construed to do any of the
following:
(1) Prevent state bodies that administer the licensing of persons
engaging in businesses or professions from holding closed sessions to
prepare, approve, grade, or administer examinations.
(2) Prevent an advisory body of a state body that administers the
licensing of persons engaged in businesses or professions from
conducting a closed session to discuss matters that the advisory body
has found would constitute an unwarranted invasion of the privacy of
an individual licensee or applicant if discussed in an open meeting,
provided the advisory body does not include a quorum of the members
of the state body it advises. Those matters may include review of an
applicant's qualifications for licensure and an inquiry specifically
related to the state body's enforcement program concerning an
individual licensee or applicant where the inquiry occurs prior to
the filing of a civil, criminal, or administrative disciplinary
action against the licensee or applicant by the state body.
(3) Prohibit a state body from holding a closed session to
deliberate on a decision to be reached in a proceeding required to be
conducted pursuant to Chapter 5 (commencing with Section 11500) or
similar provisions of law.
(4) Grant a right to enter any correctional institution or the
grounds of a correctional institution where that right is not
otherwise granted by law, nor shall anything in this article be
construed to prevent a state body from holding a closed session when
considering and acting upon the determination of a term, parole, or
release of any individual or other disposition of an individual case,
or if public disclosure of the subjects under discussion or
consideration is expressly prohibited by statute.
(5) Prevent any closed session to consider the conferring of
honorary degrees, or gifts, donations, and bequests that the donor or
proposed donor has requested in writing to be kept confidential.
(6) Prevent the Alcoholic Beverage Control Appeals Board from
holding a closed session for the purpose of holding a deliberative
conference as provided in Section 11125.
(7) (A) Prevent a state body from holding closed sessions with its
negotiator prior to the purchase, sale, exchange, or lease of real
property by or for the state body to give instructions to its
negotiator regarding the price and terms of payment for the purchase,
sale, exchange, or lease.
(B) However, prior to the closed session, the state body shall
hold an open and public session in which it identifies the real
property or real properties that the negotiations may concern and the
person or persons with whom its negotiator may negotiate.
(C) For purposes of this paragraph, the negotiator may be a member
of the state body.
(D) For purposes of this paragraph, "lease" includes renewal or
renegotiation of a lease.
(E) Nothing in this paragraph shall preclude a state body from
holding a closed session for discussions regarding eminent domain
proceedings pursuant to subdivision (e).
(8) Prevent the California Postsecondary Education Commission from
holding closed sessions to consider matters pertaining to the
appointment or termination of the Director of the California
Postsecondary Education Commission.
(9) Prevent the Council for Private Postsecondary and Vocational
Education from holding closed sessions to consider matters pertaining
to the appointment or termination of the Executive Director of the
Council for Private Postsecondary and Vocational Education.
(10) Prevent the Franchise Tax Board from holding closed sessions
for the purpose of discussion of confidential tax returns or
information the public disclosure of which is prohibited by law, or
from considering matters pertaining to the appointment or removal of
the Executive Officer of the Franchise Tax Board.
(11) Require the Franchise Tax Board to notice or disclose any
confidential tax information considered in closed sessions, or
documents executed in connection therewith, the public disclosure of
which is prohibited pursuant to Article 2 (commencing with Section
19542) of Chapter 7 of Part 10.2 of Division 2 of the Revenue and
Taxation Code.
(12) Prevent the Corrections Standards Authority from holding
closed sessions when considering reports of crime conditions under
Section 6027 of the Penal Code.
(13) Prevent the State Air Resources Board from holding closed
sessions when considering the proprietary specifications and
performance data of manufacturers.
(14) Prevent the State Board of Education or the Superintendent of
Public Instruction, or any committee advising the board or the
Superintendent, from holding closed sessions on those portions of its
review of assessment instruments pursuant to Chapter 5 (commencing
with Section 60600) of, or pursuant to Chapter 9 (commencing with
Section 60850) of, Part 33 of Division 4 of Title 2 of the Education
Code during which actual test content is reviewed and discussed. The
purpose of this provision is to maintain the confidentiality of the
assessments under review.
(15) Prevent the California Integrated Waste Management Board or
its auxiliary committees from holding closed sessions for the purpose
of discussing confidential tax returns, discussing trade secrets or
confidential or proprietary information in its possession, or
discussing other data, the public disclosure of which is prohibited
by law.
(16) Prevent a state body that invests retirement, pension, or
endowment funds from holding closed sessions when considering
investment decisions. For purposes of consideration of shareholder
voting on corporate stocks held by the state body, closed sessions
for the purposes of voting may be held only with respect to election
of corporate directors, election of independent auditors, and other
financial issues that could have a material effect on the net income
of the corporation. For the purpose of real property investment
decisions that may be considered in a closed session pursuant to this
paragraph, a state body shall also be exempt from the provisions of
paragraph (7) relating to the identification of real properties prior
to the closed session.
(17) Prevent a state body, or boards, commissions, administrative
officers, or other representatives that may properly be designated by
law or by a state body, from holding closed sessions with its
representatives in discharging its responsibilities under Chapter 10
(commencing with Section 3500), Chapter 10.3 (commencing with Section
3512), Chapter 10.5 (commencing with Section 3525), or Chapter 10.7
(commencing with Section 3540) of Division 4 of Title 1 as the
sessions relate to salaries, salary schedules, or compensation paid
in the form of fringe benefits. For the purposes enumerated in the
preceding sentence, a state body may also meet with a state
conciliator who has intervened in the proceedings.
(18) (A) Prevent a state body from holding closed sessions to
consider matters posing a threat or potential threat of criminal or
terrorist activity against the personnel, property, buildings,
facilities, or equipment, including electronic data, owned, leased,
or controlled by the state body, where disclosure of these
considerations could compromise or impede the safety or security of
the personnel, property, buildings, facilities, or equipment,
including electronic data, owned, leased, or controlled by the state
body.
(B) Notwithstanding any other provision of law, a state body, at
any regular or special meeting, may meet in a closed session pursuant
to subparagraph (A) upon a two-thirds vote of the members present at
the meeting.
(C) After meeting in closed session pursuant to subparagraph (A),
the state body shall reconvene in open session prior to adjournment
and report that a closed session was held pursuant to subparagraph
(A), the general nature of the matters considered, and whether any
action was taken in closed session.
(D) After meeting in closed session pursuant to subparagraph (A),
the state body shall submit to the Legislative Analyst written
notification stating that it held this closed session, the general
reason or reasons for the closed session, the general nature of the
matters considered, and whether any action was taken in closed
session. The Legislative Analyst shall retain for no less than four
years any written notification received from a state body pursuant to
this subparagraph.
(d) (1) Notwithstanding any other provision of law, any meeting of
the Public Utilities Commission at which the rates of entities under
the commission's jurisdiction are changed shall be open and public.
(2) Nothing in this article shall be construed to prevent the
Public Utilities Commission from holding closed sessions to
deliberate on the institution of proceedings, or disciplinary actions
against any person or entity under the jurisdiction of the
commission.
(e) (1) Nothing in this article shall be construed to prevent a
state body, based on the advice of its legal counsel, from holding a
closed session to confer with, or receive advice from, its legal
counsel regarding pending litigation when discussion in open session
concerning those matters would prejudice the position of the state
body in the litigation.
(2) For purposes of this article, all expressions of the
lawyer-client privilege other than those provided in this subdivision
are hereby abrogated. This subdivision is the exclusive expression
of the lawyer-client privilege for purposes of conducting closed
session meetings pursuant to this article. For purposes of this
subdivision, litigation shall be considered pending when any of the
following circumstances exist:
(A) An adjudicatory proceeding before a court, an administrative
body exercising its adjudicatory authority, a hearing officer, or an
arbitrator, to which the state body is a party, has been initiated
formally.
(B) (i) A point has been reached where, in the opinion of the
state body on the advice of its legal counsel, based on existing
facts and circumstances, there is a significant exposure to
litigation against the state body.
(ii) Based on existing facts and circumstances, the state body is
meeting only to decide whether a closed session is authorized
pursuant to clause (i).
(C) (i) Based on existing facts and circumstances, the state body
has decided to initiate or is deciding whether to initiate
litigation.
(ii) The legal counsel of the state body shall prepare and submit
to it a memorandum stating the specific reasons and legal authority
for the closed session. If the closed session is pursuant to
paragraph (1), the memorandum shall include the title of the
litigation. If the closed session is pursuant to subparagraph (A) or
(B), the memorandum shall include the existing facts and
circumstances on which it is based. The legal counsel shall submit
the memorandum to the state body prior to the closed session, if
feasible, and in any case no later than one week after the closed
session. The memorandum shall be exempt from disclosure pursuant to
Section 6254.25.
(iii) For purposes of this subdivision, "litigation" includes any
adjudicatory proceeding, including eminent domain, before a court,
administrative body exercising its adjudicatory authority, hearing
officer, or arbitrator.
(iv) Disclosure of a memorandum required under this subdivision
shall not be deemed as a waiver of the lawyer-client privilege, as
provided for under Article 3 (commencing with Section 950) of Chapter
4 of Division 8 of the Evidence Code.
(f) In addition to subdivisions (a), (b), and (c), nothing in this
article shall be construed to do any of the following:
(1) Prevent a state body operating under a joint powers agreement
for insurance pooling from holding a closed session to discuss a
claim for the payment of tort liability or public liability losses
incurred by the state body or any member agency under the joint
powers agreement.
(2) Prevent the examining committee established by the State Board
of Forestry and Fire Protection, pursuant to Section 763 of the
Public Resources Code, from conducting a closed session to consider
disciplinary action against an individual professional forester prior
to the filing of an accusation against the forester pursuant to
Section 11503.
(3) Prevent the enforcement advisory committee established by the
California Board of Accountancy pursuant to Section 5020 of the
Business and Professions Code from conducting a closed session to
consider disciplinary action against an individual accountant prior
to the filing of an accusation against the accountant pursuant to
Section 11503. Nothing in this article shall be construed to prevent
the qualifications examining committee established by the California
Board of Accountancy pursuant to Section 5023 of the Business and
Professions Code from conducting a closed hearing to interview an
individual applicant or accountant regarding the applicant's
qualifications.
(4) Prevent a state body, as defined in subdivision (b) of Section
11121, from conducting a closed session to consider any matter that
properly could be considered in closed session by the state body
whose authority it exercises.
(5) Prevent a state body, as defined in subdivision (d) of Section
11121, from conducting a closed session to consider any matter that
properly could be considered in a closed session by the body defined
as a state body pursuant to subdivision (a) or (b) of Section 11121.
(6) Prevent a state body, as defined in subdivision (c) of Section
11121, from conducting a closed session to consider any matter that
properly could be considered in a closed session by the state body it
advises.
(7) Prevent the State Board of Equalization from holding closed
sessions for either of the following:
(A) When considering matters pertaining to the appointment or
removal of the Executive Secretary of the State Board of
Equalization.
(B) For the purpose of hearing confidential taxpayer appeals or
data, the public disclosure of which is prohibited by law.
(8) Require the State Board of Equalization to disclose any action
taken in closed session or documents executed in connection with
that action, the public disclosure of which is prohibited by law
pursuant to Sections 15619 and 15641 of this code and Sections 833,
7056, 8255, 9255, 11655, 30455, 32455, 38705, 38706, 43651, 45982,
46751, 50159, 55381, and 60609 of the Revenue and Taxation Code.
(9) Prevent the California Earthquake Prediction Evaluation
Council, or other body appointed to advise the Secretary of Emergency
Management or the Governor concerning matters relating to volcanic
or earthquake predictions, from holding closed sessions when
considering the evaluation of possible predictions.
(g) This article does not prevent either of the following:
(1) The Teachers' Retirement Board or the Board of Administration
of the Public Employees' Retirement System from holding closed
sessions when considering matters pertaining to the recruitment,
appointment, employment, or removal of the chief executive officer or
when considering matters pertaining to the recruitment or removal of
the Chief Investment Officer of the State Teachers' Retirement
System or the Public Employees' Retirement System.
(2) The Commission on Teacher Credentialing from holding closed
sessions when considering matters relating to the recruitment,
appointment, or removal of its executive director.
(h) This article does not prevent the Board of Administration of
the Public Employees' Retirement System from holding closed sessions
when considering matters relating to the development of rates and
competitive strategy for plans offered pursuant to Chapter 15
(commencing with Section 21660) of Part 3 of Division 5 of Title 2.
(i) This article does not prevent the Managed Risk Medical
Insurance Board from holding closed sessions when considering matters
related to the development
of rates and contracting strategy for entities contracting or
seeking to contract with the board, entities with which the board is
considering a contract, or entities with which the board is
considering or enters into any other arrangement under which the
board provides, receives, or arranges services or reimbursement,
pursuant to Part 6.2 (commencing with Section 12693), Part 6.3
(commencing with Section 12695), Part 6.4 (commencing with Section
12699.50), Part 6.5 (commencing with Section 12700), Part 6.6
(commencing with Section 12739.5), or Part 6.7 (commencing with
Section 12739.70) of Division 2 of the Insurance Code.
(j) Nothing in this article shall be construed to prevent the
board of the State Compensation Insurance Fund from holding closed
sessions in the following:
(1) When considering matters related to claims pursuant to Chapter
1 (commencing with Section 3200) of Division 4 of the Labor Code, to
the extent that confidential medical information or other
individually identifiable information would be disclosed.
(2) To the extent that matters related to audits and
investigations that have not been completed would be disclosed.
(3) To the extent that an internal audit containing proprietary
information would be disclosed.
(4) To the extent that the session would address the development
of rates, contracting strategy, underwriting, or competitive
strategy, pursuant to the powers granted to the board in Chapter 4
(commencing with Section 11770) of Part 3 of Division 2 of the
Insurance Code, when discussion in open session concerning those
matters would prejudice the position of the State Compensation
Insurance Fund.
(k) The State Compensation Insurance Fund shall comply with the
procedures specified in Section 11125.4 of the Government Code with
respect to any closed session or meeting authorized by subdivision
(j), and in addition shall provide an opportunity for a member of the
public to be heard on the issue of the appropriateness of closing
the meeting or session.
SEC. 125. Section 11549.4 of the Government Code is amended to
read:
11549.4. The office shall consult with the State Chief
Information Officer, the California Emergency Management Agency, the
Director of General Services, the Director of Finance, and any other
relevant agencies concerning policies, standards, and procedures
related to information security and privacy.
SEC. 126. Section 12800 of the Government Code is amended to read:
12800. There are in the state government the following agencies:
State and Consumer Services; Business, Transportation and Housing;
California Emergency Management; California Environmental Protection;
California Health and Human Services; Labor and Workforce
Development; Natural Resources; and Youth and Adult Correctional.
Whenever the term "Agriculture and Services Agency" appears in any
law, it means the "State and Consumer Services Agency," and whenever
the term "Secretary of Agriculture and Services Agency" appears in
any law, it means the "Secretary of State and Consumer Services."
Whenever the term "Business and Transportation Agency" appears in
any law, it means the "Business, Transportation and Housing Agency,"
and whenever the term "Secretary of the Business and Transportation
Agency" appears in any law, it means the "Secretary of Business,
Transportation and Housing."
Whenever the term "Health and Welfare Agency" appears in any law,
it means the "California Health and Human Services Agency," and
whenever the term "Secretary of the Health and Welfare Agency"
appears in any law, it means the "Secretary of California Health and
Human Services."
Whenever the term "Resources Agency" appears in any law, it means
the "Natural Resources Agency," and whenever the term "Secretary of
the Resources Agency" appears in any law, it means the "Secretary of
the Natural Resources Agency."
SEC. 127. Section 14669.21 of the Government Code is amended to
read:
14669.21. (a) The Director of the Department of General Services
is authorized to acquire, develop, design, and construct, according
to plans and specifications approved by the Los Angeles Regional
Crime Laboratory Facility Authority, an approximately 200,000 gross
square foot regional criminal justice laboratory, necessary
infrastructure, and related surface parking to accommodate
approximately 600 cars on the Los Angeles campus of the California
State University. In accordance with this authorization, the director
is authorized to enter into any agreements, contracts, leases, or
other documents necessary to effectuate and further the transaction.
Further, the Los Angeles Regional Crime Laboratory Facility Authority
is authorized to assign, and the director is authorized to accept,
all contracts already entered into by the Los Angeles Regional Crime
Laboratory Facility Authority for the development and design of this
project. It is acknowledged that these contracts will have to be
modified to make them consistent with the standards for state
projects. The director is additionally authorized to enter into a
long-term ground lease for 75 years with the Trustees of the
California State University for the land within the Los Angeles
campus on which the project is to be constructed. At the end of the
ground lease term, unencumbered title to the land shall return to the
trustees and, at the option of the trustees, ownership of any
improvements constructed pursuant to this section shall vest in the
trustees. The trustees are authorized and directed to fully cooperate
and enter into a ground lease with the Department of General
Services upon the terms and conditions that will facilitate the
financing of this project by the State Public Works Board. The
trustees shall obtain concurrence from the Los Angeles Regional Crime
Laboratory Facility Authority in the development of the long-term
ground lease referenced in this section. In his or her capacity, the
director is directed to obtain concurrence and approval from the
trustees relating to the design and construction of the facility
consistent with the trustees' reasonable requirements.
(b) The State Public Works Board is authorized to issue lease
revenue bonds, negotiable notes, or negotiable bond anticipation
notes pursuant to the State Building Construction Act of 1955 (Part
10b (commencing with Section 15800) for the acquisition, development,
design, and construction of the regional crime laboratory as
described in this section. The project shall be acquired, developed,
designed, and constructed on behalf of the State Public Works Board
and the California Emergency Management Agency by the Department of
General Services in accordance with state laws applicable to state
projects provided, however, that the contractor prequalification
specified in Section 20101 of the Public Contract Code may be
utilized. For purposes of compliance with the California
Environmental Quality Act (Division 13 (commencing with Section
21000) of the Public Resources Code) the agency or agencies
designated by the Director of Finance pursuant to Section 13820 of
the Penal Code is the lead agency, and the trustees, acting through
the California State University at Los Angeles, and the Los Angeles
Regional Crime Laboratory Facility Authority are responsible
agencies.
(c) The State Public Works Board and the agency or agencies
designated by the Director of Finance pursuant to Section 13820 of
the Penal Code may borrow funds for project costs from the Pooled
Money Investment Account, pursuant to Sections 16312 and 16313, or
from any other appropriate source. In the event the bonds authorized
by this section for the project are not sold, the agency or agencies
designated by the Director of Finance pursuant to Section 13820 of
the Penal Code shall commit a sufficient amount of its support
appropriation to repay any loans made for the project.
(d) The amount of lease revenue bonds, negotiable notes, or
negotiable bond anticipation notes to be issued by the State Public
Works Board shall not exceed ninety-two million dollars ($92,000,000)
and any additional sums necessary to pay interim and permanent
financing costs. The additional sums may also include interest and a
reasonably required reserve fund. This amount includes additional
estimated project costs associated with reformatting the initial
local assistance appropriation into a state managed and constructed
regional crime laboratory project.
(e) The agency or agencies designated by the Director of Finance
pursuant to Section 13820 of the Penal Code may execute a contract
with the State Public Works Board for the lease of the regional crime
laboratory facilities described in this section that are financed
with the proceeds of the board's bonds. Further, and notwithstanding
any other provision of law, the agency or agencies designated by the
Director of Finance pursuant to Section 13820 of the Penal Code is
authorized to enter into contracts and subleases with the trustees,
the Los Angeles Regional Crime Laboratory Facility Authority, the
Department of Justice, and any other appropriate state or local
agency, with the consent of the State Public Works Board and the
Department of General Services, for the use, maintenance, and
operation of the financed regional crime laboratory facilities
described in this section.
(f) When all of the bonds or notes authorized pursuant to
subdivision (d) have been paid in full or provided for in accordance
with their terms, notwithstanding any other provision of law, the
Department of General Services shall assign the ground lease entered
into pursuant to subdivision (a) to the Los Angeles Regional Crime
Laboratory Facility Authority or its successor agency. At that time,
the ground lease may be amended as agreed to by the trustees and the
Los Angeles Regional Crime Laboratory Facility Authority or its
successor agency.
SEC. 128. Section 19844.5 of the Government Code is amended to
read:
19844.5. (a) A state employee who is called into service by the
California Emergency Management Agency pursuant to a mission
assignment number for the purpose of engaging in a search and rescue
operation, disaster mission, or other life-saving mission conducted
within the state is entitled to administrative time off from his or
her appointing power. The appointing power shall not be liable for
payment of any disability or death benefits in the event the employee
is injured or killed in the course of service to the California
Emergency Management Agency, but the employee shall remain entitled
to any benefits currently provided by the agency.
(b) The period of the duty described in subdivision (a) shall not
exceed 10 calendar days per fiscal year, including the time involved
in going to and returning from the duty. A single mission shall not
exceed three days, unless an extension of time is granted by the
office and the appointing power.
(c) This section shall apply only to volunteers participating in
the California Explorer Search and Rescue Team, Drowning Accident
Rescue Team, Wilderness Organization of Finders, California Rescue
Dog Association, and the California Wing of the Civil Air Patrol.
(d) A state employee engaging in a duty as described in this
section shall not receive overtime compensation for the hours of time
off taken but shall receive normal compensation.
(e) A state employee shall be released to engage in a duty
described in this section at the discretion of the appointing power.
However, leave shall not be unreasonably denied. The appointing power
shall also establish a procedure whereby state employees who receive
weekend or evening requests to serve may be released to do so.
SEC. 129. Section 26614 of the Government Code is amended to read:
26614. The board of supervisors of a county may authorize the
sheriff to search for and rescue persons who are lost or are in
danger of their lives within or in the immediate vicinity of the
county. The expense incurred by the sheriff in the performance of
those duties shall be a proper county charge. Authorization for
search and rescue activities shall be consistent with guidelines and
operating plans contained in the Search and Rescue Model Operating
Plan, as developed and adopted by the California Emergency Management
Agency in consultation with fire protection and law enforcement
service providers. The California Emergency Management Agency shall
make the plan available to counties and fire protection and law
enforcement agencies for use and adoption by the board of supervisors
and the governing boards of all search and rescue providers. If the
board assigns responsibility for search and rescue activities in a
manner that is inconsistent with these model operating guidelines,
the board shall adopt a resolution to clarify why the local model
provides better protections than the Search and Rescue Model
Operating Plan, as developed by the California Emergency Management
Agency, to residents in need of county search and rescue services.
Counties are encouraged to adopt their countywide search and rescue
plans and to review them on a regular basis. A review of a countywide
search and rescue plan shall include, but is not limited to, changes
made to the Search and Rescue Model Operating Plan by the California
Emergency Management Agency. This section shall not be construed to
vest any additional powers for search and rescue upon sheriffs or any
other public safety agency that provides search and rescue.
SEC. 130. Section 51018 of the Government Code is amended to read:
51018. (a) Every rupture, explosion, or fire involving a
pipeline, including a pipeline system otherwise exempted by
subdivision (a) of Section 51010.5, and including a pipeline
undergoing testing, shall be immediately reported by the pipeline
operator to the fire department having fire suppression
responsibilities and to the California Emergency Management Agency.
In addition, the pipeline operator shall, within 30 days of the
rupture, explosion, or fire, file a report with the State Fire
Marshal containing all the information that the State Fire Marshal
may reasonably require to prepare the report required pursuant to
subdivision (d).
(b) (1) The California Emergency Management Agency shall
immediately notify the State Fire Marshal of the incident, who shall
immediately dispatch his or her employees to the scene. The State
Fire Marshal or his or her employees, upon arrival, shall provide
technical expertise and advise the operator and all public agencies
on activities needed to mitigate the hazard.
(2) For purposes of this subdivision, the Legislature does not
intend to hinder or disrupt the workings of the "incident commander
system," but does intend to establish a recognized element of
expertise and direction for the incident command to consult and
acknowledge as an authority on the subject of pipeline incident
mitigation. Furthermore, it is expected that the State Fire Marshal
will recognize the expertise of the pipeline operator and any other
emergency agency personnel who may be familiar with the particular
location of the incident and respect their knowledgeable input
regarding the mitigation of the incident.
(c) For purposes of this section, "rupture" includes every
unintentional liquid leak, including any leak that occurs during
hydrostatic testing, except that a crude oil leak of less than five
barrels from a pipeline or flow line in a rural area, or any crude
oil or petroleum product leak in any in-plant piping system of less
than five barrels, when no fire, explosion, or bodily injury results
or no waterway is contaminated thereby, does not constitute a rupture
for purposes of the reporting requirements of subdivision (a).
(d) The State Fire Marshal shall, every fifth year commencing in
1999, issue a report identifying pipeline leak incident rate trends,
reviewing current regulatory effectiveness with regard to pipeline
safety, and recommending any necessary changes to the Legislature.
This report shall include an assessment of the condition of each
pipeline and shall include all of the following: total length of
regulated pipelines, total length of regulated piggable pipeline,
total number of line sections, average length of each section, number
of leaks during study period, average spill size, average damage per
incident, average age of leak pipe, average diameter of leak pipe,
injuries during study period, cause of the leak or spill, fatalities
during study period, and other information as deemed appropriate by
the State Fire Marshal.
(e) This section does not preempt any other applicable federal or
state reporting requirement.
(f) Except as otherwise provided in this section and Section
8589.7, a notification made pursuant to this section shall satisfy
any immediate notification requirement contained in any permit issued
by a permitting agency.
(g) This section does not apply to pipeline ruptures involving
nonreportable crude oil spills under Section 3233 of the Public
Resources Code, unless the spill involves a fire or explosion.
SEC. 131. Section 65302 of the Government Code is amended to read:
65302. The general plan shall consist of a statement of
development policies and shall include a diagram or diagrams and text
setting forth objectives, principles, standards, and plan proposals.
The plan shall include the following elements:
(a) A land use element that designates the proposed general
distribution and general location and extent of the uses of the land
for housing, business, industry, open space, including agriculture,
natural resources, recreation, and enjoyment of scenic beauty,
education, public buildings and grounds, solid and liquid waste
disposal facilities, and other categories of public and private uses
of land. The location and designation of the extent of the uses of
the land for public and private uses shall consider the
identification of land and natural resources pursuant to paragraph
(3) of subdivision (d). The land use element shall include a
statement of the standards of population density and building
intensity recommended for the various districts and other territory
covered by the plan. The land use element shall identify and annually
review those areas covered by the plan that are subject to flooding
identified by flood plain mapping prepared by the Federal Emergency
Management Agency (FEMA) or the Department of Water Resources. The
land use element shall also do both of the following:
(1) Designate in a land use category that provides for timber
production those parcels of real property zoned for timberland
production pursuant to the California Timberland Productivity Act of
1982 (Chapter 6.7 (commencing with Section 51100) of Part 1 of
Division 1 of Title 5).
(2) Consider the impact of new growth on military readiness
activities carried out on military bases, installations, and
operating and training areas, when proposing zoning ordinances or
designating land uses covered by the general plan for land, or other
territory adjacent to military facilities, or underlying designated
military aviation routes and airspace.
(A) In determining the impact of new growth on military readiness
activities, information provided by military facilities shall be
considered. Cities and counties shall address military impacts based
on information from the military and other sources.
(B) The following definitions govern this paragraph:
(i) "Military readiness activities" mean all of the following:
(I) Training, support, and operations that prepare the men and
women of the military for combat.
(II) Operation, maintenance, and security of any military
installation.
(III) Testing of military equipment, vehicles, weapons, and
sensors for proper operation or suitability for combat use.
(ii) "Military installation" means a base, camp, post, station,
yard, center, homeport facility for any ship, or other activity under
the jurisdiction of the United States Department of Defense as
defined in paragraph (1) of subsection (e) of Section 2687 of Title
10 of the United States Code.
(b) (1) A circulation element consisting of the general location
and extent of existing and proposed major thoroughfares,
transportation routes, terminals, any military airports and ports,
and other local public utilities and facilities, all correlated with
the land use element of the plan.
(2) (A) Commencing January 1, 2011, upon any substantive revision
of the circulation element, the legislative body shall modify the
circulation element to plan for a balanced, multimodal transportation
network that meets the needs of all users of streets, roads, and
highways for safe and convenient travel in a manner that is suitable
to the rural, suburban, or urban context of the general plan.
(B) For purposes of this paragraph, "users of streets, roads, and
highways" means bicyclists, children, persons with disabilities,
motorists, movers of commercial goods, pedestrians, users of public
transportation, and seniors.
(c) A housing element as provided in Article 10.6 (commencing with
Section 65580).
(d) (1) A conservation element for the conservation, development,
and utilization of natural resources including water and its
hydraulic force, forests, soils, rivers and other waters, harbors,
fisheries, wildlife, minerals, and other natural resources. The
conservation element shall consider the effect of development within
the jurisdiction, as described in the land use element, on natural
resources located on public lands, including military installations.
That portion of the conservation element including waters shall be
developed in coordination with any countywide water agency and with
all district and city agencies, including flood management, water
conservation, or groundwater agencies that have developed, served,
controlled, managed, or conserved water of any type for any purpose
in the county or city for which the plan is prepared. Coordination
shall include the discussion and evaluation of any water supply and
demand information described in Section 65352.5, if that information
has been submitted by the water agency to the city or county.
(2) The conservation element may also cover all of the following:
(A) The reclamation of land and waters.
(B) Prevention and control of the pollution of streams and other
waters.
(C) Regulation of the use of land in stream channels and other
areas required for the accomplishment of the conservation plan.
(D) Prevention, control, and correction of the erosion of soils,
beaches, and shores.
(E) Protection of watersheds.
(F) The location, quantity and quality of the rock, sand and
gravel resources.
(3) Upon the next revision of the housing element on or after
January 1, 2009, the conservation element shall identify rivers,
creeks, streams, flood corridors, riparian habitats, and land that
may accommodate floodwater for purposes of groundwater recharge and
stormwater management.
(e) An open-space element as provided in Article 10.5 (commencing
with Section 65560).
(f) (1) A noise element that shall identify and appraise noise
problems in the community. The noise element shall recognize the
guidelines established by the Office of Noise Control and shall
analyze and quantify, to the extent practicable, as determined by the
legislative body, current and projected noise levels for all of the
following sources:
(A) Highways and freeways.
(B) Primary arterials and major local streets.
(C) Passenger and freight online railroad operations and ground
rapid transit systems.
(D) Commercial, general aviation, heliport, helistop, and military
airport operations, aircraft overflights, jet engine test stands,
and all other ground facilities and maintenance functions related to
airport operation.
(E) Local industrial plants, including, but not limited to,
railroad classification yards.
(F) Other ground stationary noise sources, including, but not
limited to, military installations, identified by local agencies as
contributing to the community noise environment.
(2) Noise contours shall be shown for all of these sources and
stated in terms of community noise equivalent level (CNEL) or
day-night average level (Ldn). The noise contours shall be prepared
on the basis of noise monitoring or following generally accepted
noise modeling techniques for the various sources identified in
paragraphs (1) to (6), inclusive.
(3) The noise contours shall be used as a guide for establishing a
pattern of land uses in the land use element that minimizes the
exposure of community residents to excessive noise.
(4) The noise element shall include implementation measures and
possible solutions that address existing and foreseeable noise
problems, if any. The adopted noise element shall serve as a
guideline for compliance with the state's noise insulation standards.
(g) (1) A safety element for the protection of the community from
any unreasonable risks associated with the effects of seismically
induced surface rupture, ground shaking, ground failure, tsunami,
seiche, and dam failure; slope instability leading to mudslides and
landslides; subsidence, liquefaction, and other seismic hazards
identified pursuant to Chapter 7.8 (commencing with Section 2690) of
Division 2 of the Public Resources Code, and other geologic hazards
known to the legislative body; flooding; and wildland and urban
fires. The safety element shall include mapping of known seismic and
other geologic hazards. It shall also address evacuation routes,
military installations, peakload water supply requirements, and
minimum road widths and clearances around structures, as those items
relate to identified fire and geologic hazards.
(2) The safety element, upon the next revision of the housing
element on or after January 1, 2009, shall also do the following:
(A) Identify information regarding flood hazards, including, but
not limited to, the following:
(i) Flood hazard zones. As used in this subdivision, "flood hazard
zone" means an area subject to flooding that is delineated as either
a special hazard area or an area of moderate or minimal hazard on an
official flood insurance rate map issued by the Federal Emergency
Management Agency. The identification of a flood hazard zone does not
imply that areas outside the flood hazard zones or uses permitted
within flood hazard zones will be free from flooding or flood damage.
(ii) National Flood Insurance Program maps published by FEMA.
(iii) Information about flood hazards that is available from the
United States Army Corps of Engineers.
(iv) Designated floodway maps that are available from the Central
Valley Flood Protection Board.
(v) Dam failure inundation maps prepared pursuant to
Section 8589.5 that are available from the California Emergency
Management Agency.
(vi) Awareness Floodplain Mapping Program maps and 200-year flood
plain maps that are or may be available from, or accepted by, the
Department of Water Resources.
(vii) Maps of levee protection zones.
(viii) Areas subject to inundation in the event of the failure of
project or nonproject levees or floodwalls.
(ix) Historical data on flooding, including locally prepared maps
of areas that are subject to flooding, areas that are vulnerable to
flooding after wildfires, and sites that have been repeatedly damaged
by flooding.
(x) Existing and planned development in flood hazard zones,
including structures, roads, utilities, and essential public
facilities.
(xi) Local, state, and federal agencies with responsibility for
flood protection, including special districts and local offices of
emergency services.
(B) Establish a set of comprehensive goals, policies, and
objectives based on the information identified pursuant to
subparagraph (A), for the protection of the community from the
unreasonable risks of flooding, including, but not limited to:
(i) Avoiding or minimizing the risks of flooding to new
development.
(ii) Evaluating whether new development should be located in flood
hazard zones, and identifying construction methods or other methods
to minimize damage if new development is located in flood hazard
zones.
(iii) Maintaining the structural and operational integrity of
essential public facilities during flooding.
(iv) Locating, when feasible, new essential public facilities
outside of flood hazard zones, including hospitals and health care
facilities, emergency shelters, fire stations, emergency command
centers, and emergency communications facilities or identifying
construction methods or other methods to minimize damage if these
facilities are located in flood hazard zones.
(v) Establishing cooperative working relationships among public
agencies with responsibility for flood protection.
(C) Establish a set of feasible implementation measures designed
to carry out the goals, policies, and objectives established pursuant
to subparagraph (B).
(3) After the initial revision of the safety element pursuant to
paragraph (2), upon each revision of the housing element, the
planning agency shall review and, if necessary, revise the safety
element to identify new information that was not available during the
previous revision of the safety element.
(4) Cities and counties that have flood plain management
ordinances that have been approved by FEMA that substantially comply
with this section, or have substantially equivalent provisions to
this subdivision in their general plans, may use that information in
the safety element to comply with this subdivision, and shall
summarize and incorporate by reference into the safety element the
other general plan provisions or the flood plain ordinance,
specifically showing how each requirement of this subdivision has
been met.
(5) Prior to the periodic review of its general plan and prior to
preparing or revising its safety element, each city and county shall
consult the California Geological Survey of the Department of
Conservation, the Central Valley Flood Protection Board, if the city
or county is located within the boundaries of the Sacramento and San
Joaquin Drainage District, as set forth in Section 8501 of the Water
Code, and the California Emergency Management Agency for the purpose
of including information known by and available to the department,
the agency, and the board required by this subdivision.
(6) To the extent that a county's safety element is sufficiently
detailed and contains appropriate policies and programs for adoption
by a city, a city may adopt that portion of the county's safety
element that pertains to the city's planning area in satisfaction of
the requirement imposed by this subdivision.
SEC. 132. Section 65302.6 of the Government Code is amended to
read:
65302.6. (a) A city, county, or a city and county may adopt with
its safety element pursuant to subdivision (g) of Section 65302 a
local hazard mitigation plan (HMP) specified in the federal Disaster
Mitigation Act of 2000 (Public Law 106-390). The hazard mitigation
plan shall include all of the following elements called for in the
federal act requirements:
(1) An initial earthquake performance evaluation of public
facilities that provide essential services, shelter, and critical
governmental functions.
(2) An inventory of private facilities that are potentially
hazardous, including, but not limited to, multiunit, soft story,
concrete tilt-up, and concrete frame buildings.
(3) A plan to reduce the potential risk from private and
governmental facilities in the event of a disaster.
(b) Local jurisdictions that have not adopted a local hazard
mitigation plan shall be given preference by the California Emergency
Management Agency in recommending actions to be funded from the
Pre-Disaster Mitigation Program, the Hazard Mitigation Grant Program,
and the Flood Mitigation Assistance Program to assist the local
jurisdiction in developing and adopting a local hazard mitigation
plan, subject to available funding from the Federal Emergency
Management Agency.
SEC. 133. Section 66540.5 of the Government Code is amended to
read:
66540.5. The authority shall have the authority to plan, manage,
operate, and coordinate the emergency activities of all water
transportation and related facilities within the bay area region,
except those provided or owned by the Golden Gate Bridge, Highway and
Transportation District. During a state of war emergency, a state of
emergency, or a local emergency, as described in Section 8558, the
authority, in cooperation with the California Emergency Management
Agency, the United States Coast Guard, the Federal Emergency
Management Agency, and the Metropolitan Transportation Commission,
shall coordinate the emergency activities for all water
transportation services in the bay area region and, for such
purposes, shall be known as the Bay Area Maritime Emergency
Transportation Coordinator.
SEC. 134. Section 66540.32 of the Government Code is amended to
read:
66540.32. (a) The authority shall create and adopt, on or before
July 1, 2009, an emergency water transportation system management
plan for water transportation services in the bay area region in the
event that bridges, highways, and other facilities are rendered
wholly or significantly inoperable.
(b) (1) The authority shall create and adopt, on or before July 1,
2009, a transition plan to facilitate the transfer of existing
public transportation ferry services within the bay area region to
the authority pursuant to this title. In the preparation of the
transition plan, priority shall be given to ensuring continuity in
the programs, services, and activities of existing public
transportation ferry services.
(2) The plan required by this subdivision shall include all of the
following:
(A) A description of existing ferry services in the bay area
region, as of January 1, 2008, that are to be transferred to the
authority pursuant to Section 66540.11 and a description of any
proposed changes to those services.
(B) A description of any proposed expansion of ferry services in
the bay area region.
(C) An inventory of the ferry and ferry-related capital assets or
leasehold interests, including, but not limited to, vessels,
terminals, maintenance facilities, and existing or planned parking
facilities or parking structures, and of the personnel, operating
costs, and revenues of public agencies operating public
transportation ferries and providing water transportation services as
of January 1, 2008, and those facilities that are to be transferred,
in whole or in part, to the authority pursuant to Section 66540.11.
(D) A description of those capital assets, leasehold interests,
and personnel identified in subparagraph (C) that the authority
proposes to be transferred pursuant to Section 66540.11.
(E) An operating plan that includes, at a minimum, an estimate of
the costs to continue the ferry services described in subparagraph
(A) for at least five years and a detailed description of current and
historically available revenues and proposed sources of revenue to
meet those anticipated costs. Further, the operating plan shall
identify options for closing any projected deficits or for addressing
increased cost inputs, such as fuel, for at least the five-year
period.
(F) A description of the proposed services, duties, functions,
responsibilities, and liabilities of the authority and those of
agencies providing or proposed to provide water transportation
services for the authority.
(G) To the extent the plan may include the transfer of assets or
services from a local agency to the authority pursuant to Section
66540.11, that transfer shall be subject to negotiation and agreement
by the local agency. The authority and the local agency shall
negotiate and agree on fair terms, including just compensation, prior
to any transfer authorized by this title.
(H) An initial five-year Capital Improvement Program (CIP)
detailing how the authority and its local agency partners plan to
support financing and completion of capital improvement projects,
including, but not limited to, those described in subparagraph (C),
that are required to support the operation of transferred ferry
services. Priority shall be given to emergency response projects and
those capital improvement projects for which a Notice of
Determination pursuant to the California Environmental Quality Act
has been filed and which further the expansion, efficiency, or
effectiveness of the ferry system.
(I) A description of how existing and expanded water
transportation services will provide seamless connections to other
transit providers in the bay area region, including, but not limited
to, a description of how the authority will coordinate with all local
agencies to ensure optimal public transportation services, including
supplemental bus services that existed on January 1, 2008, that
support access to the ferry system for the immediate and surrounding
communities.
(J) The date on which the ferry services are to be transferred to
the authority.
(3) To the extent the plan required by this subdivision includes
proposed changes to water transportation services or related
facilities historically provided by the City of Vallejo or the City
of Alameda, the proposed changes shall be consistent with that city's
general plan, its redevelopment plans, and its development and
disposition agreements for projects related to the provision of water
transportation services. Those projects include, but are not limited
to, the construction of parking facilities and transit transfer
facilities within close proximity of a ferry terminal or the
relocation of a ferry terminal.
(c) In developing the plans described in subdivisions (a) and (b),
the authority shall cooperate to the fullest extent possible with
the Metropolitan Transportation Commission, the California Emergency
Management Agency, the Association of Bay Area Governments, and the
San Francisco Bay Conservation and Development Commission, and shall,
to the fullest extent possible, coordinate its planning with local
agencies, including those local agencies that operated, or contracted
for the operation of, public water transportation services as of the
effective date of this title. To avoid duplication of work, the
authority shall make maximum use of data and information available
from the planning programs of the Metropolitan Transportation
Commission, the California Emergency Management Agency, the
Association of Bay Area Governments, the San Francisco Bay
Conservation and Development Commission, the cities and counties in
the San Francisco Bay area, and other public and private planning
agencies. In addition, the authority shall consider both of the
following:
(1) The San Francisco Bay Area Water Transit Implementation and
Operations Plan adopted by the San Francisco Bay Area Water Transit
Authority on July 10, 2003.
(2) Any other plan concerning water transportation within the bay
area region developed or adopted by any general purpose local
government or special district that operates or sponsors water
transit, including, but not limited to, those water transportation
services provided under agreement with a private operator.
(d) The authority shall prepare a specific transition plan for any
transfer not anticipated by the transition plan required under
subdivision (b).
(e) Prior to adopting the plans required by this section, the
authority shall establish a process for taking public input on the
plans in consultation with existing operators of public ferry
services affected by the plans. The public input process shall
include at least one public hearing conducted at least 60 days prior
to the adoption of the plans in each city where an operational ferry
facility existed as of January 1, 2008.
SEC. 135. Section 1596.867 of the Health and Safety Code is
amended to read:
1596.867. (a) All child day care facilities, as defined in
Section 1596.750, shall include an Earthquake Preparedness Checklist
as an attachment to the disaster plan prescribed by Section 1596.95
or 1597.54. However, the Earthquake Preparedness Checklist shall not
be considered a requirement for obtaining or maintaining a license
for a child day care center or family day care home. The Earthquake
Preparedness Checklist shall be made accessible to the public at the
child day care center, or family day care home. The licensing agency
shall not monitor or be responsible for enforcing any provision
contained in the Earthquake Preparedness Checklist or ensuring that
the checklist is made accessible to the public.
(b) The Earthquake Preparedness Checklist shall not exceed two
typewritten pages and the department may add to or delete from the
list, as it deems appropriate. The checklist may include, but not be
limited to, all of the procedures that are listed in the following
proposed Earthquake Preparedness Checklist. A licensee of a child day
care center or family day care home shall have the option of
selecting from the checklist the procedures, if any, the licensee
chooses to use in the child day care center or family day care home.
Earthquake Preparedness Checklist (EPC)*
Eliminate potential hazards in classrooms and
throughout the
site:
____ Bolt bookcases in high traffic areas
securely to wall studs
____ Move heavy books and items from high to low
shelves
____ Secure and latch filing cabinets
____ Secure cabinets in high traffic areas with
child safety latches
Secure aquariums, computers, typewriters, TV-
VCR
____
equipment to surfaces, such as by using
Velcro tabs
Make provisions for securing rolling
____ portable items such as
TV-VCRs, pianos, refrigerators
Move children's activities and play areas
away from
____ windows, or protect windows with blinds or
adhesive
plastic sheeting
____ Secure water heater to wall using plumber's
tape
____ Assess and determine possible escape routes
Establish a coordinated response plan involving
all of the following:
Involving children:
Teach children about earthquakes and what to
____ do (see
resource list below)
Practice ""duck, cover, and hold''
____ earthquake drills under
tables or desks no less than 4 times a year
Involving parents:
Post, or make available to parents, copies
of the school
earthquake safety plan (including procedures
for
____ reuniting parents or alternate guardians
with children,
location of planned evacuation site, method
for leaving
messages and communicating)
Enlist parent and community resource
assistance in securing
____ emergency supplies or safeguarding the child
day care
site:
store a 3-day supply of nonperishable
food (including
____ juice, canned food items, snacks, and
infant
formula)
____ store a 3-day supply of water and juice
store food and water in an accessible
____ location, such as
portable plastic storage containers
store other emergency supplies such as
flashlights, a
____ radio with extra batteries, heavy
gloves, trash bags,
and tools
maintain a complete, up-to-date listing
of children,
____ emergency numbers, and contact people
for each
classroom stored with emergency supplies
Involving child day care personnel and local
emergency
agencies:
Identify and assign individual
responsibilities for staff
____ following an earthquake (including
accounting for and
evacuating children, injury control, damage
assessment)
Involve and train all staff members about
the earthquake
____ safety plan, including location and
procedure for turning
off utilities and gas
Contact nearby agencies (including police,
fire, Red Cross,
____ and local government) for information and
materials in
developing the child day care center
earthquake safety plan
*For more free resources contact:
(1) Federal Emergency Management Agency (FEMA)
(2) California Emergency Management Agency (Cal
EMA)
(3) Red Cross
(c) Nothing in this section shall be construed to prevent the
adoption or enforcement of earthquake safety standards for child day
care facilities by local ordinance.
(d) Nothing in this section shall be construed to prevent the
department from adopting or enforcing regulations on earthquake
safety or making earthquake safety drills mandatory.
SEC. 136. Section 1797.132 of the Health and Safety Code is
amended to read:
1797.132. An Interdepartmental Committee on Emergency Medical
Services is hereby established. This committee shall advise the
authority on the coordination and integration of all state activities
concerning emergency medical services. The committee shall include a
representative from each of the following state agencies and
departments: the California Emergency Management Agency, the
Department of the California Highway Patrol, the Department of Motor
Vehicles, a representative of the administrator of the California
Traffic Safety Program as provided by Chapter 5 (commencing with
Section 2900) of Division 2 of the Vehicle Code, the Medical Board of
California, the State Department of Health Services, the Board of
Registered Nursing, the State Department of Education, the National
Guard, the Office of Statewide Health Planning and Development, the
State Fire Marshal, the California Conference of Local Health
Officers, the Department of Forestry and Fire Protection, the
Chancellor's Office of the California Community Colleges, and the
Department of General Services.
SEC. 137. Section 1797.150 of the Health and Safety Code is
amended to read:
1797.150. In cooperation with the California Emergency Management
Agency, the authority shall respond to any medical disaster by
mobilizing and coordinating emergency medical services mutual aid
resources to mitigate health problems.
SEC. 138. Section 1797.151 of the Health and Safety Code is
amended to read:
1797.151. The authority shall coordinate, through local EMS
agencies, medical and hospital disaster preparedness with other
local, state, and federal agencies and departments having a
responsibility relating to disaster response, and shall assist the
California Emergency Management Agency in the preparation of the
emergency medical services component of the State Emergency Plan as
defined in Section 8560 of the Government Code.
SEC. 139. Section 1797.152 of the Health and Safety Code is
amended to read:
1797.152. (a) The director and the Director of Health Services
may jointly appoint a regional disaster medical and health
coordinator for each mutual aid region of the state. A regional
disaster medical and health coordinator shall be either a county
health officer, a county coordinator of emergency services, an
administrator of a local EMS agency, or a medical director of a local
EMS agency. Appointees shall be chosen from among persons nominated
by a majority vote of the local health officers in a mutual aid
region.
(b) In the event of a major disaster which results in a
proclamation of emergency by the Governor, and in the need to deliver
medical or public and environmental health mutual aid to the area
affected by the disaster, at the request of the authority, the State
Department of Health Services, or the California Emergency Management
Agency, a regional disaster medical and health coordinator in a
region unaffected by the disaster may coordinate the acquisition of
requested mutual aid resources from the jurisdictions in the region.
(c) A regional disaster medical and health coordinator may develop
plans for the provision of medical or public health mutual aid among
the counties in the region.
(d) No person may be required to serve as a regional disaster
medical and health coordinator. No state compensation shall be paid
for a regional disaster medical and health coordinator position,
except as determined appropriate by the state, if funds become
available.
SEC. 140. Section 1797.153 of the Health and Safety Code is
amended to read:
1797.153. (a) In each operational area the county health officer
and the local EMS agency administrator may act jointly as the medical
health operational area coordinator (MHOAC). If the county health
officer and the local EMS agency administrator are unable to fulfill
the duties of the MHOAC they may jointly appoint another individual
to fulfill these responsibilities. If an operational area has a
MHOAC, the MHOAC in cooperation with the county office of emergency
services, local public health department, the local office of
environmental health, the local department of mental health, the
local EMS agency, the local fire department, the regional disaster
and medical health coordinator (RDMHC), and the regional office of
the California Emergency Management Agency, shall be responsible for
ensuring the development of a medical and health disaster plan for
the operational area. The medical and disaster plans shall follow the
Standard Emergency Management System and National Incident
Management System. The MHOAC shall recommend to the operational area
coordinator of the California Emergency Management Agency a medical
and health disaster plan for the provision of medical and health
mutual aid within the operational area.
(b) For purposes of this section, "operational area" has the same
meaning as that term is defined in subdivision (b) of Section 8559 of
the Government Code.
(c) The medical and health disaster plan shall include
preparedness, response, recovery, and mitigation functions consistent
with the State Emergency Plan, as established under Sections 8559
and 8560 of the Government Code, and, at a minimum, the medical and
health disaster plan, policy, and procedures shall include all of the
following:
(1) Assessment of immediate medical needs.
(2) Coordination of disaster medical and health resources.
(3) Coordination of patient distribution and medical evaluations.
(4) Coordination with inpatient and emergency care providers.
(5) Coordination of out-of-hospital medical care providers.
(6) Coordination and integration with fire agencies personnel,
resources, and emergency fire prehospital medical services.
(7) Coordination of providers of nonfire based prehospital
emergency medical services.
(8) Coordination of the establishment of temporary field treatment
sites.
(9) Health surveillance and epidemiological analyses of community
health status.
(10) Assurance of food safety.
(11) Management of exposure to hazardous agents.
(12) Provision or coordination of mental health services.
(13) Provision of medical and health public information protective
action recommendations.
(14) Provision or coordination of vector control services.
(15) Assurance of drinking water safety.
(16) Assurance of the safe management of liquid, solid, and
hazardous wastes.
(17) Investigation and control of communicable disease.
(d) In the event of a local, state, or federal declaration of
emergency, the MHOAC shall assist the agency operational area
coordinator in the coordination of medical and health disaster
resources within the operational area, and be the point of contact in
that operational area, for coordination with the RDMHC, the agency,
the regional office of the agency, the State Department of Public
Health, and the authority.
(e) Nothing in this section shall be construed to revoke or alter
the current authority for disaster management provided under either
of the following:
(1) The State Emergency Plan established pursuant to Section 8560
of the Government Code.
(2) The California standardized emergency management system
established pursuant to Section 8607 of the Government Code.
SEC. 141. Section 11998.1 of the Health and Safety Code is amended
to read:
11998.1. It is the intent of the Legislature that the following
long-term five-year goals be achieved:
(a) With regard to education and prevention of drug and alcohol
abuse programs, the following goals:
(1) Drug and alcohol abuse education has been included within the
mandatory curriculum in kindergarten and grades 1 to 12, inclusive,
in every public school in California.
(2) Basic training on how to recognize, and understand what to do
about, drug and alcohol abuse has been provided to administrators and
all teachers of kindergarten and grades 1 to 12, inclusive.
(3) All school counselors and school nurses have received
comprehensive drug and alcohol abuse training.
(4) Each school district with kindergarten and grades 1 to 12,
inclusive, has appointed a drug and alcohol abuse advisory team of
school administrators, teachers, counselors, students, parents,
community representatives, and health care professionals, all of whom
have expertise in drug and alcohol abuse prevention. The team
coordinates with and receives consultation from the county alcohol
and drug program administrators.
(5) Every school board member has received basic drug and alcohol
abuse information.
(6) Each school district has a drug and alcohol abuse specialist
to assist the individual schools.
(7) Each school in grades 7 to 12, inclusive, has student peer group
drug and alcohol abuse programs.
(8) Every school district with kindergarten and grades 1 to 12,
inclusive, has updated written drug and alcohol abuse policies and
procedures including disciplinary procedures which will be given to
every school employee, every student, and every parent.
(9) The California State University and the University of
California have evaluated and, if feasible, established educational
programs and degrees in the area of drug and alcohol abuse.
(10) Every school district with kindergarten and grades 1 to 12,
inclusive, has an established parent teachers group with drug and
alcohol abuse prevention goals.
(11) Every school district has instituted a drug and alcohol abuse
education program for parents.
(12) Drug and alcohol abuse training has been imposed as a
condition for teacher credentialing and license renewal, and
knowledge on the issue is measured on the California Basic Education
Skills Test.
(13) Drug and alcohol abuse knowledge has been established as a
component on standardized competency tests as a requirement for
graduation.
(14) Every school district has established a parent support group.
(15) Every school district has instituted policies that address
the special needs of children who have been rehabilitated for drug or
alcohol abuse problems and who are reentering school. These policies
shall consider the loss of schooltime, the loss of academic credits,
and the sociological problems associated with drug and alcohol
abuse, its rehabilitation, and the educational delay it causes.
(16) The number of drug and alcohol abuse related incidents on
school grounds has decreased by 20 percent.
(b) With regard to community programs, the following goals:
(1) Every community-based social service organization that
receives state and local financial assistance has drug and alcohol
abuse information available for clients.
(2) All neighborhood watch, business watch, and community conflict
resolution programs have included drug and alcohol abuse prevention
efforts.
(3) All community-based programs that serve schoolaged children
have staff trained in drug and alcohol abuse and give a clear, drug-
and alcohol-free message.
(c) With regard to drug and alcohol abuse programs of the media,
the following goals:
(1) The state has established a comprehensive media campaign that
involves all facets of the drug and alcohol abuse problem, including
treatment, education, prevention, and intervention that will result
in increasing the public's knowledge and awareness of the detrimental
effects of alcohol and drug use, reducing the use of alcohol and
drugs, and increasing healthy lifestyle choices.
(2) The department on a statewide basis, and the county board of
supervisors or its designees at the local level, have:
(A) Assisted the entertainment industry in identifying ways to use
the entertainment industry effectively to encourage lifestyles free
of substance abuse.
(B) Assisted the manufacturers of drug and alcohol products in
identifying ways to use product advertising effectively to discourage
substance abuse.
(C) Assisted television stations in identifying ways to use
television programming effectively to encourage lifestyles free of
substance abuse.
(3) A statewide cooperative fundraising program with recording
artists and the entertainment industry has been encouraged to fund
drug and alcohol abuse prevention efforts in the state.
(d) With regard to drug and alcohol abuse health care programs,
the following goals:
(1) The number of drug and alcohol abuse-related medical
emergencies has decreased by 4 percent per year.
(2) All general acute care hospitals and AIDS medical service
providers have provided information to their patients on drug and
alcohol abuse.
(3) The Medical Board of California, the Psychology Examining
Committee, the Board of Registered Nursing, and the Board of
Behavioral Science Examiners have developed and implemented the
guidelines or regulations requiring drug and alcohol abuse training
for their licensees, and have developed methods of providing training
for those professionals.
(e) With regard to private sector drug and alcohol abuse programs,
the following goals:
(1) A significant percentage of businesses in the private sector
have developed personnel policies that discourage drug and alcohol
abuse and encourage supervision, training, and employee education.
(2) Noteworthy and publicly recognized figures and private
industry have been encouraged to sponsor fundraising events for drug
and alcohol abuse prevention.
(3) Every public or private athletic team has been encouraged to
establish policies forbidding drug and alcohol abuse.
(4) The private sector has established personnel policies that
discourage drug and alcohol abuse but encourage treatment for those
employees who require this assistance.
(f) With regard to local government drug and alcohol abuse
programs, the following goals:
(1) Every county has a five-year master plan to eliminate drug and
alcohol abuse developed jointly by the county-designated alcohol and
drug program administrators, reviewed jointly by the advisory boards
set forth in paragraph (2), and approved by the board of
supervisors. For those counties in which the alcohol and drug
programs are jointly administered, the administrator shall develop
the five-year master plan. To the degree possible, all existing local
plans relating to drug or alcohol abuse shall be incorporated into
the master plan.
(2) Every county has an advisory board on alcohol problems and an
advisory board on drug programs. The membership of these advisory
boards is representative of the county's population and is
geographically balanced. To the maximum extent possible, the county
advisory board on alcohol problems and the county advisory board on
drug programs will have representatives of the following:
(A) Law enforcement.
(B) Education.
(C) The treatment and recovery community, including a
representative with expertise in AIDS treatment services.
(D) Judiciary.
(E) Students.
(F) Parents.
(G) Private industry.
(H) Other community organizations involved in drug and alcohol
services.
(I) A representative of organized labor responsible for the
provision of Employee Assistance Program services.
If any of these areas is not represented on the advisory bodies,
the administrator designated in paragraph (1) shall solicit input
from a representative of the nonrepresented area prior to the
development of a master plan pursuant to paragraph (1).
(3) Every county public social service agency has established
policies that discourage drug and alcohol abuse and encourage
treatment and recovery services when necessary.
(4) Every local unit of government has an employee assistance
program that addresses drug and alcohol abuse problems.
(5) Every local unit of government has considered the potential
for drug and alcohol abuse problems when developing zoning ordinances
and issuing conditional use permits.
(6) Every county master plan includes treatment and recovery
services.
(6.5) Every county master plan includes specialized provisions to
ensure optimum alcohol and drug abuse service delivery for
handicapped and disabled persons.
(7) Every local unit of government has been encouraged to
establish an employee assistance program that includes the treatment
of drug and alcohol abuse-related programs.
(8) Every local governmental social service provider has
established a referral system under which clients with drug and
alcohol abuse problems can be referred for treatment.
(9) Every county drug and alcohol abuse treatment or recovery
program that serves women gives priority for services to pregnant
women.
(10) Every alcohol and drug abuse program provides acquired immune
deficiency syndrome (AIDS) information to all program participants.
(g) With regard to state and federal government drug and alcohol
abuse programs, the following goals:
(1) The Department of Alcoholic Beverage Control has informed all
alcohol retailers of the laws governing liquor sales and has provided
training available to all personnel selling alcoholic beverages, on
identifying and handling minors attempting to purchase alcohol.
(2) The California Emergency Management Agency has required all
applicants for crime prevention and juvenile justice and delinquency
prevention funds to include drug and alcohol abuse prevention efforts
in their programs.
(3) All county applications for direct or indirect drug and
alcohol services funding from the department include a prevention
component.
(4) The Superintendent of Public Instruction has employed drug and
alcohol abuse school prevention specialists and assisted school
districts with the implementation of prevention programs.
(5) The State Department of Mental Health has staff trained in
drug and alcohol abuse prevention who can assist local mental health
programs with prevention efforts.
(6) The Department of the California Highway Patrol, as permitted
by the United States Constitution, has established routine statewide
sobriety checkpoints for driving while under the influence.
(7) The Department of Corrections and the Department of the Youth
Authority have provided drug and alcohol abuse education and
prevention services for all inmates, wards, and parolees. Both
departments have provided drug and alcohol abuse treatment services
for any inmate, ward, or parolee determined to be in need of these
services, or who personally requests these services.
(8) The Department of Motor Vehicles has distributed prevention
materials with each driver's license or certificate of renewal and
each vehicle registration renewal mailed by the Department of Motor
Vehicles.
(9) Federal prevention programs have been encouraged to follow the
master plan.
(10) State licensing and program regulations for drug and alcohol
abuse treatment programs have been consolidated and administered by
one state agency.
(11) State treatment funding priorities have been included to
specially recognize the multiple diagnosed client who would be
eligible for services from more than one state agency.
(12) Every state agency has formalized employee assistance
programs that include the treatment of drug and alcohol abuse-related
problems.
(13) The state master plan includes specialized provisions to
ensure optimum drug and alcohol abuse service delivery for
handicapped and disabled persons.
(h) With regard to private sector direct service providers, the
following goals:
(1) Drinking drivers programs have provided clear measurements of
successful completion of the program to the courts for each
court-ordered client.
(2) Sufficient drug and alcohol treatment and recovery services
exist throughout the state to meet all clients' immediate and
long-range needs.
(3) Each county to the extent possible provides localized alcohol
and drug treatment and recovery services designed for individuals
seeking assistance for polydrug abuse.
(4) Adequate nonresidential and residential services are available
statewide for juveniles in need of alcohol or drug abuse services.
(5) Each provider of alcohol or drug services has been certified
by the state.
(6) Drug and alcohol abuse treatment providers provide general
acquired immune deficiency syndrome (AIDS) information during
treatment.
(i) With regard to supply regulation and reduction in conjunction
with drug and alcohol abuse, the following goals:
(1) The California National Guard supports federal, state, and
local drug enforcement agencies in counternarcotic operations as
permitted by applicable laws and regulations.
(2) Each county has a drug and alcohol abuse enforcement team,
designated by the board of supervisors. This team includes all
components of the criminal justice system. This team shall be
responsible to the board of supervisors, shall coordinate with the
drug and alcohol abuse advisory board and the county on all criminal
justice matters relating to drug and alcohol abuse, and shall
coordinate, and actively participate, with the county alcohol and
drug program administrators throughout the development and
implementation of the five-year master plan.
(3) The California Emergency Management Agency, the Youth and
Adult Correctional Agency, the Department of the California Highway
Patrol, the Office of Traffic Safety, and the Department of Justice
have established a state level drug and alcohol abuse enforcement
team that includes representatives from all facets of criminal
justice. The lead agency for the enforcement team has been designated
by the Governor. This team advises the state and assists the local
teams.
(4) The California Emergency Management Agency, the Youth and
Adult Correctional Agency, and the Department of Justice have, as a
priority when determining training subjects, prevention seminars on
drug and alcohol abuse. The Commission on Peace Officer Standards and
Training has, as a priority, when determining training subjects,
drug and alcohol enforcement.
(5) The Department of the California Highway Patrol, as permitted
by the United States Constitution, will, in conjunction with
establishing sobriety checkpoints statewide, assist local law
enforcement agencies with the establishment of local programs.
(6) Counties with more than 10 superior court judgeships have
established programs under which drug cases receive swift prosecution
by well-trained prosecutors before judges who are experienced in the
handling of drug cases.
(7) The courts, when determining bail eligibility and the amount
of bail for persons suspected of a crime involving a controlled
substance, shall consider the quantity of the substance involved when
measuring the danger to society if the suspect is released.
(8) Drunk driving jails have been established that provide
offender education and treatment during incarceration.
(9) All probation and parole officers have received drug and
alcohol abuse training, including particular training on drug
recognition.
(10) All parolees and persons on probation with a criminal history
that involves drug or alcohol abuse have conditions of parole or
probation that prohibit drug and alcohol abuse.
(11) The Judicial Council has provided training on drug and
alcohol abuse for the judges.
(12) The courts, when sentencing offenders convicted of selling
drugs, consider "street value" of the drugs involved in the
underlying crime.
(13) Judges have been encouraged to include drug and alcohol abuse
treatment and prevention services in sentences for all offenders.
Judges are requiring, as a condition of sentencing, drug and alcohol
abuse education and treatment services for all persons convicted of
driving under the influence of alcohol or drugs.
(14) Juvenile halls and jails provide clients with information on
drug and alcohol abuse.
(15) The estimated number of clandestine labs operating in
California has decreased by 10 percent per year.
(16) Each local law enforcement agency has developed, with the
schools, protocol on responding to school drug and alcohol abuse
problems.
(17) Every county has instituted a mandatory
driving-under-the-influence presentence offender evaluation program.
SEC. 142. Section 13071 of the Health and Safety Code is amended
to read:
13071. The California Emergency Management Agency shall establish
and administer a program, which shall be denominated the FIRESCOPE
Program (FIrefighting RESources of California Organized for Potential
Emergencies), to maintain and enhance the efficiency and
effectiveness of managing multiagency firefighting resources in
responding to an incident. The program shall be based on the concepts
and components developed or under development by the Firescope
project chartered by the United States Congress in 1972. The program
shall provide for the research, development, and implementation of
technologies, facilities, and procedures to assist state and local
fire agencies in the better utilization and coordination of
firefighting resources in responding to incidents.
SEC. 143. Section 13073 of the Health and Safety Code is amended
to read:
13073. The California Emergency Management Agency shall carry out
this chapter in cooperation with the Department of Forestry and Fire
Protection, including the Office of the State Fire Marshal, and with
the advice of the Fire and Rescue Service Advisory
Committee/FIRESCOPE Board of Directors within the California
Emergency Management Agency.
SEC. 144. Section 13140.5 of the Health and Safety Code is amended
to read:
13140.5. The board shall be composed of the following voting
members: the State Fire Marshal, the Chief Deputy Director of the
Department of Forestry and Fire Protection who is not the State Fire
Marshal, the Secretary of Emergency Management, the Chairperson of
the California Fire Fighter Joint Apprenticeship Program, one
representative of the insurance industry, one volunteer firefighter,
three fire chiefs, five fire service labor representatives, one
representative from city government, one representative from a fire
district, and one representative from county government.
The following members shall be appointed by the Governor: one
representative of the insurance industry, one volunteer firefighter,
three fire chiefs, five fire service labor representatives, one
representative from city government, one representative from a fire
district, and one representative from county government. Each member
appointed shall be a resident of this state. The volunteer
firefighter shall be selected from a list of names submitted by the
California State Firefighters Association. One fire chief shall be
selected from a list of names submitted by the California Fire Chiefs'
Association; one fire chief shall be selected from a list of names
submitted by the Fire Districts Association of California; and one
fire chief shall be selected from a list of names submitted by the
California Metropolitan Fire Chiefs. One fire service labor
representative shall be selected from a list of names submitted by
the California Labor Federation; one fire service labor
representative shall be selected from a list of names submitted by
the California Professional Firefighters; one fire service labor
representative shall be selected from a list of names submitted by
the International Association of Fire Fighters; one fire service
labor representative shall be selected from a list of names submitted
by the California Department of Forestry Firefighters; and one fire
service labor representative shall be selected from a list of names
submitted by the California State Firefighters Association. The city
government representative shall be selected from elected or appointed
city chief administrative officers or elected city mayors or council
members. The fire district representative shall be selected from
elected or appointed directors of fire districts. The county
government representative shall be selected from elected or appointed
county chief administrative officers or elected county supervisors.
The appointed members shall be appointed for a term of four years.
Any member chosen by the Governor to fill a vacancy created other
than by expiration of a term shall be appointed for the unexpired
term of the member he or she is to succeed.
SEC. 145. Section 13143.9 of the Health and Safety Code is amended
to read:
13143.9. (a) The State Fire Marshal shall, in carrying out
Section 13143, prepare, adopt, and submit building standards and
other fire and life safety regulations for approval pursuant to
Chapter 4 (commencing with Section 18935) of Part 2.5 of Division 13
establishing minimum requirements for the storage, handling, and use
of hazardous materials, as defined, in Article 9 of the 1988 Uniform
Fire Code, and any subsequent editions, published by the Western Fire
Chiefs Association and the International Conference of Building
Officials. The State Fire Marshal shall seek the advice of the
California Emergency Management Agency in establishing these
requirements. This section does not prohibit a city, county, or
district from adopting an ordinance, resolution, or regulation
imposing stricter or more stringent requirements than a standard
adopted pursuant to this section.
(b) A business which files the annual inventory form in compliance
with Chapter 6.95 (commencing with Section 25500) of Division 20,
including the addendum adopted pursuant to Section 25503.9, shall be
deemed to have met the requirements of subdivision (c) of Section
80.103 of the Uniform Fire Code, as adopted by the State Fire Marshal
pursuant to this section.
(c) A business which is not required to file a hazardous materials
inventory form pursuant to Section 25509 but which is required by
the local fire chief to comply with subdivision (c) of Section 80.103
of the Uniform Fire Code, as adopted by the State Fire Marshal
pursuant to this section, shall, notwithstanding Chapter 6.95
(commencing with Section 25500) of Division 20, file the inventory
form adopted pursuant to Section 25503.3 and the addendum adopted
pursuant to Section 25503.9 with the local fire chief for purposes of
complying with this requirement, if determined to be necessary by
the fire chief.
SEC. 146. Section 18603 of the Health and Safety Code is amended
to read:
18603. (a) In every park there shall be a person available by
telephonic or like means, including telephones, cellular phones,
telephone answering machines, answering services or pagers, or in
person who shall be responsible for, and who shall reasonably respond
in a timely manner to emergencies concerning, the operation and
maintenance of the park. In every park with 50 or more units, that
person or his or her designee shall reside in the park, have
knowledge of emergency procedures relative to utility systems and
common facilities under the ownership and control of the owner of the
park, and shall be familiar with the emergency preparedness plans
for the park.
(b) (1) On or before September 1, 2010, an owner or operator of an
existing park shall adopt an emergency preparedness plan.
(2) For a park constructed after September 1, 2010, an owner or
operator of a park shall adopt a plan in accordance with this section
prior to the issuance of the permit to operate.
(3) An owner or operator may comply with paragraph (1) by either
of the following methods:
(A) Adopting the emergency procedures and plans approved by the
Standardized Emergency Management System Advisory Board on November
21, 1997, entitled "Emergency Plans for Mobilehome Parks," and
compiled by the California Emergency Management Agency in compliance
with the Governor's Executive Order W-156-97, or any subsequent
version.
(B) Adopting a plan that is developed by the park management and
is comparable to the procedures and plans specified in subparagraph
(A).
(c) For an existing park, and in the case of a park constructed
after September 10, 2010, prior to the issuance of the permit to
operate, an owner or operator of a park shall do both of the
following:
(1) Post notice of the emergency preparedness plan in the park
clubhouse or in another conspicuous area within the mobilehome park.
(2) On or before September 10, 2010, provide notice of how to
access the plan and information on individual emergency preparedness
information from the appropriate state or local agencies, including,
but not limited to, the California Emergency Management Agency, to
all existing residents and, upon approval of tenancy, for all new
residents thereafter. This may be accomplished in a manner that
includes, but is not limited to, distribution of materials and
posting notice of the plan or information on how to access the plan
via the Internet.
(d) An enforcement agency shall determine whether park management
is in compliance with this section. The agency may ascertain
compliance by receipt of a copy of the plan during site inspections
conducted in response to complaints of alleged violations, or for any
other reason.
(e) Notwithstanding any other provision of this part, a violation
of this section shall constitute an unreasonable risk to life,
health, or safety and shall be corrected by park management within 60
days of notice of the violation.
SEC. 147. Section 25169.7 of the Health and Safety Code is amended
to read:
25169.7. Except as specified otherwise in subdivision (b), on and
after July 1, 2003, all of the following requirements, including any
regulations adopted by the department pursuant to Section 25169.8,
shall apply to any person handling any hazardous waste of concern:
(a) (1) If a hazardous waste transporter or the owner or operator
of a hazardous waste facility discovers that a hazardous waste of
concern is missing during transportation or storage, and the amount
of waste missing equals or exceeds the reportable quantity specified
in the regulations adopted pursuant to Section 25169.6, the hazardous
waste transporter or the owner or operator shall immediately, as
specified in the regulations adopted by the department, provide a
verbal notification to the department and report the discrepancy to
the department in writing by letter within five days after the
discovery. The transporter or the owner or operator shall also comply
with the applicable manifest discrepancy reporting requirements
specified in the regulations adopted by the department pursuant to
this chapter.
(2) Within 24 hours after receiving a notification of a missing
hazardous waste of concern pursuant to paragraph (1), the department
shall make a preliminary determination whether there is a potential
risk to public safety. If, after making that preliminary
determination, or at any time thereafter, the department determines
the missing hazardous waste of concern presents a significant
potential risk to public safety from its use in a terrorist or other
criminal act, the department shall notify the California Emergency
Management Agency and the Department of the California Highway
Patrol.
(3) The Department of the California Highway Patrol may enter and
inspect any hazardous waste facility at the department's request to
perform an investigation of any hazardous waste that the department
determines may be missing.
(b) (1) Notwithstanding Section 25200.4, any person applying for a
hazardous waste facilities permit or other grant of authorization to
use and operate a hazardous waste facility that would handle
hazardous waste of concern shall submit to the department a
disclosure statement containing the information specified
in Section 25112.5.
(2) On or before January 1, 2004, and at any time upon the request
of the department, any person owning or operating a hazardous waste
facility that handles any hazardous waste of concern shall submit to
the department a disclosure statement containing the information
specified in Section 25112.5.
(3) (A) Except as provided in subparagraph (B), on and after
January 1, 2004, any person applying for registration as a hazardous
waste transporter who will transport hazardous waste of concern shall
submit to the department a disclosure statement containing the
information specified in Section 25112.5.
(B) Subparagraph (A) does not apply to a transporter who has
submitted a disclosure statement to the department within the
two-year period immediately preceding the application for
registration, unless there has been a change in the information
required to be contained in the disclosure statement or the
department requests the transporter to submit a disclosure statement.
(4) At any time upon the request of the department, any registered
hazardous waste transporter who transports any hazardous waste of
concern shall submit to the department a disclosure statement
containing the information specified in Section 25112.5.
(5) Whenever any change pertaining to the information required to
be contained in a disclosure statement filed pursuant to paragraphs
(1) to (4), inclusive, occurs after the date of the filing of the
disclosure statement, the transporter or the facility owner or
operator shall provide the updated information in writing to the
department within 30 days of the change.
(6) On or before 180 days after receiving a disclosure statement
pursuant to this subdivision, the department shall conduct a
background check, as defined in subdivision (a) of Section 25169.5.
(7) This subdivision does not apply to any federal, state, or
local agency or any person operating pursuant to a permit-by-rule,
conditional authorization, or conditional exemption.
SEC. 148. Section 25197.2 of the Health and Safety Code is amended
to read:
25197.2. (a) The department shall establish a statewide Hazardous
Waste Strike Force which shall consist of a representative from each
of the following agencies:
(1) The Department of Transportation.
(2) The Department of Industrial Relations.
(3) The Department of Food and Agriculture.
(4) The State Water Resources Control Board.
(5) The State Air Resources Board.
(6) The Department of the California Highway Patrol.
(7) The Office of the State Fire Marshal in the Department of
Forestry and Fire Protection.
(8) The California Integrated Waste Management Board.
(9) The Department of Fish and Game.
(10) The California Emergency Management Agency.
(11) The Department of Toxic Substances Control.
(12) The Attorney General.
(13) The Department of Pesticide Regulation.
(b) The director, or the director's designee, shall direct and
coordinate the activities of the Hazardous Waste Strike Force.
(c) The Hazardous Waste Strike Force shall do all of the
following:
(1) Recommend standardized programs among the agencies represented
on the Hazardous Waste Strike Force for the purposes of uniformly
enforcing state hazardous waste statutes and regulations and
reporting violators of these statutes and regulations.
(2) Recommend programs to publicize and improve the statewide
telephone number established pursuant to paragraph (5) of subdivision
(b) of Section 25197.1.
(3) Recommend local and regional programs to report information
concerning violations of this chapter and any other hazardous waste
statutes and regulations.
SEC. 149. Section 25210.6 of the Health and Safety Code is amended
to read:
25210.6. (a) On or before December 31, 2005, the department shall
adopt regulations specifying the best management practices for a
person managing perchlorate materials. These practices may include,
but are not limited to, all of the following:
(1) Procedures for documenting the amount of perchlorate materials
managed by the facility.
(2) Management practices necessary to prevent releases of
perchlorate materials, including, but not limited to, containment
standards, usage, processing and transferring practices, and spill
response procedures.
(b) (1) The department shall consult with the State Air Resources
Board, the Office of Environmental Health Hazard Assessment, the
State Water Resources Control Board, the California Emergency
Management Agency, the State Fire Marshal, and the California
certified unified program agencies forum before adopting regulations
pursuant to subdivision (a).
(2) The department shall also, before adopting regulations
pursuant to subdivision (a), review existing federal, state, and
local laws governing the management of perchlorate materials to
determine the degree to which uniform and adequate requirements
already exist, so as to avoid any unnecessary duplication of, or
interference with the application of, those existing requirements.
(3) In adopting regulations pursuant to subdivision (a), the
department shall ensure that those regulations are at least as
stringent as, and to the extent practical consistent with, the
existing requirements of Chapter 6.95 (commencing with Section 25500)
and the Uniform Fire Code governing the management of perchlorate
materials.
(c) The regulations adopted by the department pursuant to this
section shall be adopted as emergency regulations in accordance with
Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2 of the Government Code, and for the purposes of that
chapter, including Section 11349.6 of the Government Code, the
adoption of these regulations is an emergency and shall be considered
by the Office of Administrative Law as necessary for the immediate
preservation of the public peace, health and safety, and general
welfare. Notwithstanding Chapter 3.5 (commencing with Section 11340)
of Part 1 of Division 3 of Title 2 of the Government Code, including
subdivision (e) of Section 11346.1 of the Government Code, any
emergency regulations adopted pursuant to this section shall be filed
with, but not be repealed by, the Office of Administrative Law and
shall remain in effect until revised by the department.
(d) The department may implement an outreach effort to educate
persons who manage perchlorate materials concerning the regulations
promulgated pursuant to subdivision (a).
SEC. 150. Section 25270.8 of the Health and Safety Code is amended
to read:
25270.8. Each owner or operator of a tank facility shall
immediately, upon discovery, notify the California Emergency
Management Agency and the UPA using the appropriate 24-hour emergency
number or the 911 number, as established by the UPA, or by the
governing body of the UPA, of the occurrence of a spill or other
release of one barrel (42 gallons) or more of petroleum that is
required to be reported pursuant to subdivision (a) of Section 13272
of the Water Code.
SEC. 151. Section 25299.1 of the Health and Safety Code is amended
to read:
25299.1. (a) Any city or county which prior to January 1, 1984,
adopted an ordinance which, at a minimum, met the requirements set
forth in Sections 25284 and 25284.1, as they read on January 1, 1984,
prior to being amended and renumbered, providing for double
containment, and monitoring of underground storage tanks which was
exempt from this chapter as of December 31, 1989, is not exempt from
implementing this chapter and shall implement this chapter on or
before January 1, 1991.
(b) Until a city or county specified in subdivision (a) implements
this chapter, the city or the county shall, at a minimum, do all of
the following:
(1) Submit to the board the application form and annual
information specified by Section 25286 and submit a written report of
any unauthorized release from an underground storage tank to the
California Emergency Management Agency within 10 working days from
the time the local agency is notified of the unauthorized release.
(2) Collect and transmit to the board the surcharge specified in
subdivision (b) of Section 25287.
(3) Issue permits for the operation of an underground storage
tank, which, at a minimum, ensure compliance with any applicable
requirement of the federal act and any applicable regulation adopted
by the board pursuant to Section 25299.3 which the board determines
is necessary to ensure consistency with the federal act.
(c) A permit issued on or after January 1, 1991, by a city or
county specified in subdivision (a) shall require compliance with all
applicable requirements of this chapter and with the regulations
adopted by the board pursuant to Section 25299.3.
(d) This chapter does not limit or abridge the authority of any
city or county to adopt an ordinance requiring information,
conducting investigations, inspections, or implementing and enforcing
this chapter.
SEC. 152. Section 25359.4 of the Health and Safety Code is amended
to read:
25359.4. (a) A person shall not release, or allow or cause a
release of, a reportable quantity of a hazardous substance into the
environment that is not authorized or permitted pursuant to state
law.
(b) Any release of a reportable quantity of hazardous substance
shall be reported to the department in writing within 30 days of
discovery, unless any of the following apply:
(1) The release is permitted or in the permit process.
(2) The release is authorized by state law.
(3) The release requires immediate reporting to the California
Emergency Management Agency pursuant to Section 11002 or 11004 of
Title 42 of the United States Code, or pursuant to Section 25507.
(4) The release has previously been reported to the department or
the California Emergency Management Agency.
(5) The release occurred prior to January 1, 1994.
(c) For the purposes of this section, "reportable quantity" means
either of the following:
(1) The quantity of a hazardous substance established in Part 302
(commencing with Section 302.1) of Title 40 of the Code of Federal
Regulations, the release of which requires notification pursuant to
that part.
(2) Any quantity of a hazardous substance that is not reportable
pursuant to paragraph (1), but that may pose a significant threat to
public health and safety or to the environment. The department may
establish guidelines for determining which releases are reportable
under this paragraph.
(d) The owner of property on which a reportable release has
occurred and any person who releases, or causes a reportable release
and who fails to make the written report required by subdivision (b),
shall be liable for a penalty not to exceed twenty-five thousand
dollars ($25,000) for each separate violation and for each day that a
violation continues. Each day on which the released hazardous
substance remains is a separate violation unless the person has
either filed the report or is in compliance with an order issued by a
local, state, or federal agency with regard to the release.
(e) Liability under this section may be imposed in a civil action
or may be administratively imposed by the department pursuant to
Section 25359.3.
(f) If the violation of subdivision (b) results in, or
significantly contributes to, an emergency, including, but not
limited to, a fire, to which a county, city, or district is required
to respond, the responsible party may be assessed the full cost of
the emergency response by the city, county, or district.
SEC. 153. Section 25404.3 of the Health and Safety Code is amended
to read:
25404.3. (a) The secretary shall, within a reasonable time after
submission of a complete application for certification pursuant to
Section 25404.2, and regulations adopted pursuant to that section,
but not to exceed 180 days, review the application, and, after
holding a public hearing, determine if the application should be
approved. Before disapproving an application for certification, the
secretary shall submit to the applicant agency a notification of the
secretary's intent to disapprove the application, in which the
secretary shall specify the reasons why the applicant agency does not
have the capability or the resources to fully implement and enforce
the unified program in a manner that is consistent with the
regulations implementing the unified program adopted by the secretary
pursuant to this chapter. The secretary shall provide the applicant
agency with a reasonable time to respond to the reasons specified in
the notification and to correct deficiencies in its application. The
applicant agency may request a second public hearing, at which the
secretary shall hear the applicant agency's response to the reasons
specified in the notification.
(b) In determining whether an applicant agency should be
certified, or designated as certified, the secretary, after receiving
comments from the director, the Secretary of Emergency Management,
the State Fire Marshal, and the Executive Officers and Chairpersons
of the State Water Resources Control Board and the California
regional water quality control boards, shall consider at least all of
the following factors:
(1) Adequacy of the technical expertise possessed by each unified
program agency that will be implementing each element of the unified
program, including, but not limited to, whether the agency
responsible for implementing and enforcing the requirements of
Chapter 6.5 (commencing with Section 25100) satisfies the
requirements of Section 15260 of Title 27 of the California Code of
Regulations.
(2) Adequacy of staff resources.
(3) Adequacy of budget resources and funding mechanisms.
(4) Training requirements.
(5) Past performance in implementing and enforcing requirements
related to the handling of hazardous materials and hazardous waste.
(6) Recordkeeping and cost accounting systems.
(7) Compliance with the criteria in Section 15170 of Title 27 of
the California Code of Regulations.
(c) (1) In making the determination of whether or not to certify a
particular applicant agency as a certified unified program agency,
the secretary shall consider the applications of every other
applicant agency applying to be a certified unified program agency
within the same county, in order to determine the impact of each
certification decision on the county. If the secretary identifies
that there may be adverse impacts on the county if any particular
agency in a county is certified, the secretary shall work
cooperatively with each affected agency to address the secretary's
concerns.
(2) The secretary shall not certify an agency to be a certified
unified program agency unless the secretary finds both of the
following:
(A) The unified program will be implemented in a coordinated and
consistent manner throughout the entire county in which the applicant
agency is located.
(B) The administration of the unified program throughout the
entire county in which the applicant agency is located will be less
fragmented between jurisdictions, as compared to before January 1,
1994, with regard to the administration of the provisions specified
in subdivision (c) of Section 25404.
(d) (1) The secretary shall not certify an applicant agency that
proposes to allow participating agencies to implement certain
elements of the unified program unless the secretary makes all of the
following findings:
(A) The applicant agency has adequate authority, and has in place
adequate systems, protocols, and agreements, to ensure that the
actions of the other agencies proposed to implement certain elements
of the unified program are fully coordinated and consistent with each
other and with those of the applicant agency, and to ensure full
compliance with the regulations implementing the unified program
adopted by the secretary pursuant to this chapter.
(B) An agreement between the applicant and other agencies proposed
to implement any elements of the unified program contains procedures
for removing any agencies proposed and engaged to implement any
element of the unified program. The procedures in the agreement shall
include, at a minimum, provisions for providing notice, stating
causes, taking public comment, making appeals, and resolving
disputes.
(C) The other agencies proposed to implement certain elements of
the unified program have the capability and resources to implement
those elements, taking into account the factors designated in
subdivision (b).
(D) All other agencies proposed to implement certain elements of
the unified program shall maintain an agreement with the applicant
agency that ensures that the requirements of Section 25404.2 will be
fully implemented.
(E) If the applicant agency proposes that any agency other than
itself will be responsible for implementing aspects of the single fee
system imposed pursuant to Section 25404.5, the applicant agency
maintains an agreement with that agency that ensures that the fee
system is implemented in a fully consistent and coordinated manner,
and that ensures that each participating agency receives the amount
that it determines to constitute its necessary and reasonable costs
of implementing the element or elements of the unified program that
it is responsible for implementing.
(2) After the secretary has certified an applicant agency pursuant
to this subdivision, that agency shall obtain the approval of the
secretary before removing and replacing a participating agency that
is implementing an element of the unified program.
(3) Any state agency, including, but not limited to, the State
Department of Health Services, acting as a participating agency, may
contract with a unified program agency to implement or enforce the
unified program.
(e) Until a city's or county's application for certification to
implement the unified program is acted upon by the secretary, the
roles, responsibilities, and authority for implementing the programs
identified in subdivision (c) of Section 25404 that existed in that
city or county pursuant to statutory authorization as of December 31,
1993, shall remain in effect.
(f) (1) Except as provided in subparagraph (C) of paragraph (2) or
in Section 25404.8, if no local agency has been certified by January
1, 1997, to implement the unified program within a city, the
secretary shall designate either the county in which the city is
located or another agency pursuant to subparagraph (A) of paragraph
(2) as the unified program agency.
(2) (A) Except as provided in subparagraph (C), if no local agency
has been certified by January 1, 2001, to implement the unified
program within the unincorporated or an incorporated area of a
county, the secretary shall determine how the unified program shall
be implemented in the unincorporated area of the county, and in any
city in which there is no agency certified to implement the unified
program. In such an instance, the secretary shall work in
consultation with the county and cities to determine which state or
local agency or combination of state and local agencies should
implement the unified program, and shall determine which state or
local agency shall be designated as the certified unified program
agency.
(B) The secretary shall determine the method by which the unified
program shall be implemented throughout the county and may select any
combination of the following implementation methods:
(i) The certification of a state or local agency as a certified
unified program agency.
(ii) The certification of an agency from another county as the
certified unified program agency.
(iii) The certification of a joint powers agency as the certified
unified program agency.
(C) Notwithstanding paragraph (1) and subparagraphs (A) and (B),
if the Cities of Sunnyvale, Anaheim, and Santa Ana prevail in
litigation filed in 1997 against the secretary, and, to the extent
the secretary determines that these three cities meet the
requirements for certification, the secretary may certify these
cities as certified unified program agencies.
(g) (1) If a certified unified program agency wishes to withdraw
from its obligations to implement the unified program and is a city
or a joint powers agency implementing the unified program within a
city, the agency may withdraw after providing 180 days' notice to the
secretary and to the county within which the city is located, or to
the joint powers agency with which the county has an agreement to
implement the unified program.
(2) Whenever a certified unified program agency withdraws from its
obligations to implement the unified program, or the secretary
withdraws an agency's certification pursuant to Section 25404.4, the
successor certified unified program agency shall be determined in
accordance with subdivision (f).
SEC. 154. Section 25501 of the Health and Safety Code is amended
to read:
25501. Unless the context indicates otherwise, the following
definitions govern the construction of this chapter:
(a) "Administering agency" means the local agency authorized,
pursuant to Section 25502, to implement and enforce this chapter.
(b) "Agency" means the California Emergency Management Agency.
(c) "Agricultural handler" means an entity identified in paragraph
(5) of subdivision (c) of Section 25503.5.
(d) "Area plan" means a plan established pursuant to Section 25503
by an administering agency for emergency response to a release or
threatened release of a hazardous material within a city or county.
(e) "Business" means an employer, self-employed individual, trust,
firm, joint stock company, corporation, partnership, or association.
For purposes of this chapter, "business" includes a business
organized for profit and a nonprofit business.
(f) "Business plan" means a separate plan for each facility, site,
or branch of a business that meets the requirements of Section
25504.
(g) "Certification statement" means a statement signed by the
business owner, operator, or officially designated representative
that attests to all of the following:
(1) The information contained in the annual inventory form most
recently submitted to the administering agency is complete, accurate,
and up to date.
(2) There has been no change in the quantity of any hazardous
material as reported in the most recently submitted annual inventory
form.
(3) No hazardous materials subject to the inventory requirements
of this chapter are being handled that are not listed on the most
recently submitted annual inventory form.
(4) The most recently submitted annual inventory form contains the
information required by Section 11022 of Title 42 of the United
States Code.
(h) (1) "Certified Unified Program Agency" or "CUPA" means the
agency certified by the secretary to implement the unified program
specified in Chapter 6.11 (commencing with Section 25404) within a
jurisdiction.
(2) "Participating Agency" or "PA" means an agency that has a
written agreement with the CUPA pursuant to subdivision (d) of
Section 25404.3, and is approved by the secretary, to implement or
enforce one or more of the unified program elements specified in
paragraphs (4) and (5) of subdivision (c) of Section 25404, in
accordance with the provisions of Sections 25404.1 and 25404.2.
(3) "Unified Program Agency" or "UPA" means the CUPA, or its
participating agencies to the extent each PA has been designated by
the CUPA, pursuant to a written agreement, to implement or enforce a
particular unified program element specified in paragraphs (4) and
(5) of subdivision (c) of Section 25404. For purposes of this
chapter, the UPAs have the responsibility and authority, to the
extent provided by this chapter and Sections 25404.1 and 25404.2, to
implement and enforce only those requirements of this chapter listed
in paragraphs (4) and (5) of subdivision (c) of Section 25404. The
UPAs also have the responsibility and authority, to the extent
provided by this chapter and Sections 25404.1 and 25404.2, to
implement and enforce the regulations adopted to implement the
requirements of this chapter listed in paragraphs (4) and (5) of
subdivision (c) of Section 25404. After a CUPA has been certified by
the secretary, the unified program agencies shall be the only local
agencies authorized to enforce the requirements of this chapter
listed in paragraphs (4) and (5) of subdivision (c) of Section 25404
within the jurisdiction of the CUPA.
(i) "City" includes any city and county.
(j) "Chemical name" means the scientific designation of a
substance in accordance with the nomenclature system developed by the
International Union of Pure and Applied Chemistry or the system
developed by the Chemical Abstracts Service.
(k) "Common name" means any designation or identification, such as
a code name, code number, trade name, or brand name, used to
identify a substance by other than its chemical name.
(l) "Department" means the Department of Toxic Substances Control
and "director" means the Director of Toxic Substances Control.
(m) "Emergency rescue personnel" means any public employee,
including, but not limited to, any fireman, firefighter, or emergency
rescue personnel, as defined in Section 245.1 of the Penal Code, or
personnel of a local EMS agency, as designated pursuant to Section
1797.200, or a poison control center, as defined by Section 1797.97,
who responds to any condition caused, in whole or in part, by a
hazardous material that jeopardizes, or could jeopardize, public
health or safety or the environment.
(n) "Handle" means to use, generate, process, produce, package,
treat, store, emit, discharge, or dispose of a hazardous material in
any fashion.
(o) "Handler" means any business that handles a hazardous
material.
(p) "Hazardous material" means any material that, because of its
quantity, concentration, or physical or chemical characteristics,
poses a significant present or potential hazard to human health and
safety or to the environment if released into the workplace or the
environment. "Hazardous materials" include, but are not limited to,
hazardous substances, hazardous waste, and any material that a
handler or the administering agency has a reasonable basis for
believing that it would be injurious to the health and safety of
persons or harmful to the environment if released into the workplace
or the environment.
(q) "Hazardous substance" means any substance or chemical product
for which one of the following applies:
(1) The manufacturer or producer is required to prepare a MSDS for
the substance or product pursuant to the Hazardous Substances
Information and Training Act (Chapter 2.5 (commencing with Section
6360) of Part 1 of Division 5 of the Labor Code) or pursuant to any
applicable federal law
or regulation.
(2) The substance is listed as a radioactive material in Appendix
B of Chapter 1 of Title 10 of the Code of Federal Regulations,
maintained and updated by the Nuclear Regulatory Commission.
(3) The substances listed pursuant to Title 49 of the Code of
Federal Regulations.
(4) The materials listed in subdivision (b) of Section 6382 of the
Labor Code.
(r) "Hazardous waste" means hazardous waste, as defined by
Sections 25115, 25117, and 25316.
(s) "Release" means any spilling, leaking, pumping, pouring,
emitting, emptying, discharging, injecting, escaping, leaching,
dumping, or disposing into the environment, unless permitted or
authorized by a regulatory agency.
(t) "Secretary" means the Secretary for Environmental Protection.
(u) "SIC Code" means the identification number assigned by the
Standard Industrial Classification Code to specific types of
businesses.
(v) "Threatened release" means a condition creating a substantial
probability of harm, when the probability and potential extent of
harm make it reasonably necessary to take immediate action to
prevent, reduce, or mitigate damages to persons, property, or the
environment.
(w) "Trade secret" means trade secrets as defined in subdivision
(d) of Section 6254.7 of the Government Code and Section 1060 of the
Evidence Code.
(x) "Unified Program Facility" means all contiguous land and
structures, other appurtenances, and improvements on the land that
are subject to the requirements of paragraphs (4) and (5) of
subdivision (c) of Section 25404.
SEC. 155. Section 25502 of the Health and Safety Code is amended
to read:
25502. (a) (1) This chapter, as it pertains to the handling of
hazardous material, shall be implemented by one of the following:
(A) If there is a CUPA, the Unified Program Agency.
(B) If there is no CUPA, the agency authorized pursuant to
subdivision (f) of Section 25404.3.
(2) The agency responsible for implementing this chapter shall
ensure full access to, and the availability of, information submitted
under this chapter to emergency rescue personnel and other
appropriate governmental entities within its jurisdiction.
(b) (1) If there is no CUPA, a city may, by ordinance or
resolution, assume responsibility for the implementation of this
chapter and, if so, shall have exclusive jurisdiction within the
boundary of the city for the purposes of carrying out this chapter.
The ordinance shall require that a person who violates Section 25507
shall be subject to the penalties specified in Section 25515. A city
that assumes responsibility for implementation of this chapter shall
provide notice of its ordinance or resolution to the agency and to
the administering agency of its county. It shall also consult with,
and coordinate its activities with, the county in which the city is
located to avoid duplicating efforts or any misunderstandings
regarding the areas, duties, and responsibilities of each
administering agency.
(2) A city may not assume responsibility for the implementation of
this chapter unless it has enacted an implementing ordinance or
adopted an implementing resolution not later than 60 days after the
agency adopts regulations pursuant to Section 25503, except that a
city may enact an implementing ordinance or adopt an implementing
resolution after this 60-day period, if it has an agreement with the
county to do so. A new city has one year from the date of
incorporation to enact an ordinance or adopt a resolution
implementing this chapter.
(3) The local agency responsible for administering and enforcing
this chapter shall be the agency so authorized pursuant to
subdivision (f) of Section 25404.3.
(c) If there is no CUPA, the county and any city that assume
responsibility pursuant to subdivision (b) shall designate a
department, office, or other agency of the county or city, as the
case may be, or the city or county may designate a fire district, as
the administering agency responsible for administering and enforcing
this chapter. The county and any city that assume responsibility
pursuant to subdivision (b) shall notify the agency immediately upon
making a designation. The local agency responsible for administering
and enforcing this chapter shall be the agency so authorized pursuant
to subdivision (f) of Section 25404.3.
SEC. 156. Section 25503 of the Health and Safety Code is amended
to read:
25503. (a) Not later than September 1, 1986, the agency shall
adopt, after public hearing and consultation with the Office of the
State Fire Marshal and other appropriate public entities, regulations
for minimum standards for business plans and area plans. All
business plans and area plans shall meet the standards adopted by the
agency.
(b) The standards for business plans in the regulations adopted
pursuant to subdivision (a) shall do all of the following:
(1) Set forth minimum requirements of adequacy, and not preclude
the imposition of additional or more stringent requirements by local
government.
(2) Take into consideration and adjust for the size and nature of
the business, the proximity of the business to residential areas and
other populations, and the nature of the damage potential of its
hazardous materials in establishing standards for subdivisions (b)
and (c) of Section 25504.
(3) Take into account the existence of local area and business
plans which meet the requirements of this chapter so as to minimize
the duplication of local efforts, consistent with the objectives of
this chapter.
(4) Define what releases and threatened releases are required to
be reported pursuant to Section 25507. The agency shall consider the
existing federal reporting requirements in determining a definition
of reporting releases pursuant to Section 25507.
(c) An administering agency shall establish an area plan for
emergency response to a release or threatened release of a hazardous
material within its jurisdiction. An area plan is not a statute,
ordinance, or regulation for purposes of Section 669 of the Evidence
Code. The standards for area plans in the regulations adopted
pursuant to subdivision (a) shall provide for all of the following:
(1) Procedures and protocols for emergency rescue personnel,
including the safety and health of those personnel.
(2) Preemergency planning.
(3) Notification and coordination of onsite activities with state,
local, and federal agencies, responsible parties, and special
districts.
(4) Training of appropriate employees.
(5) Onsite public safety and information.
(6) Required supplies and equipment.
(7) Access to emergency response contractors and hazardous waste
disposal sites.
(8) Incident critique and followup.
(9) Requirements for notification to the agency of reports made
pursuant to Section 25507.
(d) (1) The administering agency shall submit a copy of its
proposed area plan, within 180 days after adoption of regulations by
the agency establishing area plan standards, to the agency for
review. The agency shall notify the administering agency as to
whether the area plan is adequate and meets the area plan standards.
The administering agency shall within 45 days of this notice submit a
corrected area plan.
(2) The administering agency shall certify to the agency every
three years that it has conducted a complete review of its area plan
and has made any necessary revisions. Any time an administering
agency makes any substantial changes to its area plan, it shall
forward the changes to the agency within 14 days after the changes
have been made.
(e) An administering agency shall submit to the agency, along with
its area plan, both of the following:
(1) The basic provisions of a plan to conduct onsite inspections
of businesses subject to this chapter by either the administering
agency or other designated entity. These inspections shall ensure
compliance with this chapter and shall identify existing safety
hazards that could cause or contribute to a release and, where
appropriate, enforce any applicable laws and suggest preventative
measures designed to minimize the risk of the release of hazardous
material into the workplace or environment. The requirements of this
paragraph do not alter or affect the immunity provided a public
entity pursuant to Section 818.6 of the Government Code.
(2) A plan to institute a data management system which will assist
in the efficient access to and utilization of information collected
under this chapter. This data management system shall be in operation
within two years after the business plans are required to be
submitted to the administering agency pursuant to Section 25505.
(f) The regulations adopted by the agency pursuant to subdivision
(a) shall include an optional model reporting form for business and
area plans.
SEC. 157. Section 25503.1 of the Health and Safety Code is amended
to read:
25503.1. The agency and each administering agency shall adopt
reporting requirements, in cooperation with the Chemical Emergency
Planning and Response Commission, established by the Governor as the
state emergency response commission pursuant to subsection (a) of
Section 11001 of Title 42 of the United States Code, which are
consistent with the intent and provisions of this chapter and with
Chapter 116 (commencing with Section 11001) of Title 42 of the United
States Code, for the purpose of eliminating duplicative reporting
requirements, to the extent achievable and practicable.
SEC. 158. Section 25503.3 of the Health and Safety Code is amended
to read:
25503.3. (a) The agency shall, in consultation with the
administering agencies, in accordance with Section 25503.1, adopt by
regulation a single comprehensive hazardous material reporting form
for businesses to submit to administering agencies for purposes of
Section 25509. The form shall include a section for additional
information that may be requested by the administering agency. The
regulations shall also specify criteria for sharing data
electronically. Except as provided in subdivisions (b) and (c), after
January 1, 1997, each administering agency shall require businesses
to use this form annually when complying with Section 25509.
(b) (1) Except as provided in paragraph (2), an administering
agency may allow a business to submit a form designated by the
administering agency for purposes of the inventory required by
Section 25509 instead of the single comprehensive hazardous material
reporting form adopted pursuant to subdivision (a). Any form
designated by an administering agency pursuant to this paragraph
shall ensure that all of the information required by Section 25509 is
reported. The form shall be developed in consultation with the other
agencies within the jurisdiction that are responsible for fire
protection, emergency response, and environmental health. If the
administering agency permits inventory information to be submitted by
electronic means, the format and mode of submittal shall be
developed in consultation with those other agencies and, following
the adoption of standards for the sharing of electronic data pursuant
to subdivision (e) of Section 25404, shall be consistent with those
standards.
(2) If a business chooses to submit the single comprehensive
hazardous material reporting form adopted pursuant to subdivision
(a), the administering agency shall accept that form.
(c) Notwithstanding Section 25509, a business may comply with the
annual inventory reporting requirements of this article by submitting
a certification statement to the administering agency if both of the
following apply:
(1) The business has previously filed the single comprehensive
hazardous material reporting form required by subdivision (a) or the
alternative form designated by the administering agency pursuant to
subdivision (b).
(2) The business can attest to the statements set forth in
paragraphs (1) to (4), inclusive, of subdivision (f) of Section
25501.
SEC. 159. Section 25503.4 of the Health and Safety Code is amended
to read:
25503.4. (a) The agency shall adopt a format that allows persons
subject to two or more of the following requirements to meet those
requirements in one document:
(1) The business plan required by this chapter.
(2) The risk management plan required by Section 25534.
(3) The contingency plan required by Division 4.5 (commencing with
Section 66001) of Title 22 of the California Code of Regulations and
by Part 262 (commencing with Section 262.10), Part 264 (commencing
with Section 264.1), or Part 265 (commencing with Section 265.1) of
Title 40 of the Code of Federal Regulations.
(4) The spill prevention control and countermeasure plan required
by Section 25270.4.5 and by Part 112 (commencing with Section 112.1)
or by Part 300 (commencing with Section 300.1) of Title 40 of the
Code of Federal Regulations.
(5) Any accident or spill prevention plan or response plan
required by Chapter 6.7 (commencing with Section 25280) or by
regulations adopted pursuant to that chapter or required by an
underground storage tank ordinance adopted by a city or county.
(6) The interim marine facility oil spill contingency plan
required by Section 8670.29 of the Government Code and the marine
facility oil spill contingency plan required by Section 8670.31 of
the Government Code.
(b) The format required by subdivision (a) shall be organized as
follows:
(1) A central element that will enable persons using the format to
report information and data common to all of the requirements
described in subdivision (a).
(2) Appendices that will contain the additional information unique
to each individual requirement described in subdivision (a).
(c) The agency shall adopt the format required by subdivision (a)
in consultation with administering agencies and the Information
Management Subcommittee of the Chemical Emergency Planning and
Response Commission and in cooperation with the State Water Resources
Control Board, the Department of Fish and Game, and the department.
The adoption of the format is not subject to Chapter 3.5 (commencing
with Section 11340) of Part 1 of Division 3 of Title 2 of the
Government Code and shall be completed by January 1, 1995. To the
extent feasible, and within the limits of budgetary constraints, the
agency, the State Water Resources Control Board, the Department of
Fish and Game, and the department shall convene workshops and other
public meetings to obtain public assistance on the development of the
format.
SEC. 160. Section 25503.5 of the Health and Safety Code is amended
to read:
25503.5. (a) (1) A business, except as provided in subdivisions
(b), (c), and (d), shall establish and implement a business plan for
emergency response to a release or threatened release of a hazardous
material in accordance with the standards prescribed in the
regulations adopted pursuant to Section 25503, if the business
handles a hazardous material or a mixture containing a hazardous
material that has a quantity at any one time during the reporting
year that is any of the following:
(A) Equal to, or greater than, a total weight of 500 pounds or a
total volume of 55 gallons.
(B) Equal to, or greater than, 200 cubic feet at standard
temperature and pressure, if the substance is compressed gas.
(C) If the substance is a radioactive material, it is handled in
quantities for which an emergency plan is required to be adopted
pursuant to Part 30 (commencing with Section 30.1), Part 40
(commencing with Section 40.1), or Part 70 (commencing with Section
70.1), of Chapter 1 of Title 10 of the Code of Federal Regulations,
or pursuant to any regulations adopted by the state in accordance
with those regulations.
(2) In meeting the requirements of this subdivision, a business
may, if it elects to do so, use the format adopted pursuant to
Section 25503.4.
(b) (1) Oxygen, nitrogen, and nitrous oxide, ordinarily maintained
by a physician, dentist, podiatrist, veterinarian, or pharmacist, at
his or her office or place of business, stored at each office or
place of business in quantities of not more than 1,000 cubic feet of
each material at any one time, are exempt from this section and from
Section 25505. The administering agency may require a one-time
inventory of these materials for a fee not to exceed fifty dollars
($50) to pay for the costs incurred by the agency in processing the
inventory forms.
(2) (A) Lubricating oil is exempt from this section and Sections
25505 and 25509, for a single business facility, if the total volume
of each type of lubricating oil handled at that facility does not
exceed 55 gallons and the total volume of all types of lubricating
oil handled at that facility does not exceed 275 gallons, at any one
time.
(B) For purposes of this paragraph, "lubricating oil" means any
oil intended for use in an internal combustion crankcase, or the
transmission, gearbox, differential, or hydraulic system of an
automobile, bus, truck, vessel, airplane, heavy equipment, or other
machinery powered by an internal combustion or electric powered
engine. "Lubricating oil" does not include used oil, as defined in
subdivision (a) of Section 25250.1.
(c) (1) Hazardous material contained solely in a consumer product
for direct distribution to, and use by, the general public is exempt
from the business plan requirements of this chapter unless the
administering agency has found, and has provided notice to the
business handling the product, that the handling of certain
quantities of the product requires the submission of a business plan,
or any portion thereof, in response to public health, safety, or
environmental concerns.
(2) In addition to the authority specified in paragraph (4), the
administering agency may, in exceptional circumstances, following
notice and public hearing, exempt from the inventory provisions of
this chapter any hazardous substance specified in subdivision (p) of
Section 25501 if the administering agency finds that the hazardous
substance would not pose a present or potential danger to the
environment or to human health and safety if the hazardous substance
was released into the environment. The administering agency shall
specify in writing the basis for granting any exemption under this
paragraph. The administering agency shall send a notice to the agency
within five days from the effective date of any exemption granted
pursuant to this paragraph.
(3) The administering agency, upon application by a handler, may
exempt the handler, under conditions that the administering agency
determines to be proper, from any portion of the business plan, upon
a written finding that the exemption would not pose a significant
present or potential hazard to human health or safety or to the
environment or affect the ability of the administering agency and
emergency rescue personnel to effectively respond to the release of a
hazardous material, and that there are unusual circumstances
justifying the exemption. The administering agency shall specify in
writing the basis for any exemption under this paragraph.
(4) The administering agency, upon application by a handler, may
exempt a hazardous material from the inventory provisions of this
chapter upon proof that the material does not pose a significant
present or potential hazard to human health and safety or to the
environment if released into the workplace or environment. The
administering agency shall specify in writing the basis for any
exemption under this paragraph.
(5) An administering agency shall exempt a business operating a
farm for purposes of cultivating the soil or raising or harvesting
any agricultural or horticultural commodity from filing the
information in the business plan required by subdivisions (b) and (c)
of Section 25504 if all of the following requirements are met:
(A) The handler annually provides the inventory of information
required by Section 25509 to the county agricultural commissioner
before January 1 of each year.
(B) Each building in which hazardous materials subject to this
chapter are stored is posted with signs, in accordance with
regulations that the agency shall adopt, that provide notice of the
storage of any of the following:
(i) Pesticides.
(ii) Petroleum fuels and oil.
(iii) Types of fertilizers.
(C) Each county agricultural commissioner forwards the inventory
to the administering agency within 30 days from the date of receipt
of the inventory.
(6) The administering agency shall exempt a business operating an
unstaffed remote facility located in an isolated sparsely populated
area from the hazardous materials business plan and inventory
requirements of this article if the facility is not otherwise subject
to the requirements of applicable federal law, and all of the
following requirements are met:
(A) The types and quantities of materials onsite are limited to
one or more of the following:
(i) Five hundred standard cubic feet of compressed inert gases
(asphyxiation and pressure hazards only).
(ii) Five hundred gallons of combustible liquid used as a fuel
source.
(iii) Two hundred gallons of corrosive liquids used as
electrolytes in closed containers.
(iv) Five hundred gallons of lubricating and hydraulic fluids.
(v) One thousand two hundred gallons of flammable gas used as a
fuel source.
(B) The facility is secured and not accessible to the public.
(C) Warning signs are posted and maintained for hazardous
materials pursuant to the California Fire Code.
(D) A one-time notification and inventory are provided to the
administering agency along with a processing fee in lieu of the
existing fee. The fee shall not exceed the actual cost of processing
the notification and inventory, including a verification inspection,
if necessary.
(E) If the information contained in the initial notification or
inventory changes and the time period of the change is longer than 30
days, the notification or inventory shall be resubmitted within 30
days to the administering agency to reflect the change, along with a
processing fee, in lieu of the existing fee, that does not exceed the
actual cost of processing the amended notification or inventory,
including a verification inspection, if necessary.
(F) The administering agency shall forward a copy of the
notification and inventory to those agencies that share
responsibility for emergency response.
(G) The administering agency may require an unstaffed remote
facility to submit a hazardous materials business plan and inventory
in accordance with this article if the agency finds that special
circumstances exist such that development and maintenance of the
business plan and inventory are necessary to protect public health
and safety and the environment.
(d) Onpremise use, storage, or both, of propane in an amount not
to exceed 300 gallons that is for the sole purpose of heating the
employee working areas within that business is exempt from this
section, unless the administering agency finds, and provides notice
to the business handling the propane, that the handling of the
onpremise propane requires the submission of a business plan, or any
portion thereof, in response to public health, safety, or
environmental concerns.
(e) The administering agency shall provide all information
obtained from completed inventory forms, upon request, to emergency
rescue personnel on a 24-hour basis.
(f) The administering agency shall adopt procedures to provide for
public input when approving any applications submitted pursuant to
paragraph (3) or (4) of subdivision (c).
SEC. 161. Section 25503.9 of the Health and Safety Code is amended
to read:
25503.9. On or before January 1, 1995, the agency shall, in
consultation with the administering agencies and the State Fire
Marshal, adopt by regulation a single comprehensive addendum to the
hazardous materials reporting form for businesses to submit to
administering agencies for purposes of complying with subdivisions
(b) and (c) of Section 13143.9 and subdivision (b) of Section 25509.
The regulations shall also specify criteria for sharing data
electronically. Not later than two years after the effective date of
those regulations, and annually thereafter, each administering agency
shall require businesses to use that addendum when complying with
subdivisions (b) and (c) of Section 13143.9 and subdivision (b) of
Section 25509. The addendum shall be filed with the administering
agency, when required by the local fire chief.
SEC. 162. Section 25505.2 of the Health and Safety Code is amended
to read:
25505.2. (a) Notwithstanding any other provision of this chapter,
any city or county which, on September 1, 1985, had in effect a
local ordinance containing business inventory reporting requirements
substantially similar to this chapter, as amended by the act enacting
this section, is exempt from having to implement any regulations
adopted by the agency concerning business plans upon meeting both of
the following requirements:
(1) Not later than 90 days after the effective date of the act
enacting this section, the city or county enacts an ordinance, or
amends its existing ordinance, so that its requirements for business
plans are the same as, or more restrictive than, this chapter,
including subdivision (a) of Section 25503.5 and Sections 25504 and
25509.
(2) The agency certifies that the ordinance's requirements are in
compliance with paragraph (1) and that the city or county is
implementing the ordinance, based upon evidence submitted by the city
or county. Applications for exemption shall be filed with the agency
not later than 120 days from the effective date of the act enacting
this section and the agency shall certify or reject the applications
within 60 days after receipt. The city or county may file an appeal
of the decision of the agency with the secretary of the agency, under
procedures established by the agency.
(b) This section does not exempt any administering agency from
compliance with any other provision of this chapter.
(c) Any business located in a city or county which is exempt from
the regulations adopted pursuant to this chapter concerning business
plans, shall comply with the ordinance adopted by the city or county.
SEC. 163. Section 25507 of the Health and Safety Code is amended
to read:
25507. (a) Except as provided in subdivision (b), the handler or
any employee, authorized representative, agent, or designee of a
handler shall, upon discovery, immediately report any release or
threatened release of a hazardous material to the administering
agency, and to the agency, in accordance with the regulations adopted
pursuant to Section 25503. Each handler and any employee, authorized
representative, agent, or designee of a handler shall
provide all state, city, or county
fire or public health or safety personnel and emergency rescue
personnel with access to the handler's facilities.
(b) Subdivision (a) does not apply to any person engaged in the
transportation of a hazardous material on a highway which is subject
to, and in compliance with, the requirements of Sections 2453 and
23112.5 of the Vehicle Code.
SEC. 164. Section 25507.1 of the Health and Safety Code is amended
to read:
25507.1. (a) Any business required to submit a followup emergency
notice pursuant to subdivision (c) of Section 11004 of Title 42 of
the United States Code, as that section read on January 1, 1989, or
as it may be subsequently amended, shall submit the notice on a form
approved by the agency.
(b) The agency may adopt guidelines for the use of the forms
required by subdivision (a).
SEC. 165. Section 25509 of the Health and Safety Code is amended
to read:
25509. (a) The annual inventory form shall include, but shall not
be limited to, information on all of the following which are handled
in quantities equal to or greater than the quantities specified in
subdivision (a) of Section 25503.5:
(1) A listing of the chemical name and common names of every
hazardous substance or chemical product handled by the business.
(2) The category of waste, including the general chemical and
mineral composition of the waste listed by probable maximum and
minimum concentrations, of every hazardous waste handled by the
business.
(3) A listing of the chemical name and common names of every other
hazardous material or mixture containing a hazardous material
handled by the business which is not otherwise listed pursuant to
paragraph (1) or (2).
(4) The maximum amount of each hazardous material or mixture
containing a hazardous material disclosed in paragraphs (1), (2), and
(3) which is handled at any one time by the business over the course
of the year.
(5) Sufficient information on how and where the hazardous
materials disclosed in paragraphs (1), (2), and (3) are handled by
the business to allow fire, safety, health, and other appropriate
personnel to prepare adequate emergency responses to potential
releases of the hazardous materials.
(6) The SIC Code number of the business if applicable.
(7) The name and telephone number of the person representing the
business and able to assist emergency personnel in the event of an
emergency involving the business during nonbusiness hours.
(b) If the local fire chief requires the business to comply with
the requirements of subdivision (c) of Section 80.103 of the Uniform
Fire Code, as adopted by the State Fire Marshal pursuant to Section
13143.9, the business shall also file the addendum required by
Section 25503.9 with the administering agency.
(c) The administering agency may permit the reporting of the
amount of hazardous material under this section by ranges, rather
than a specific amount, as long as those ranges provide the
information necessary to meet the needs of emergency rescue
personnel, to determine the potential hazard from a release of the
materials, and meets the purposes of this chapter.
(d) (1) Except as provided in subdivision (e), the annual
inventory form required by this section shall also include all
inventory information required by Section 11022 of Title 42 of the
United States Code, as that section read on January 1, 1989, or as it
may be subsequently amended.
(2) The agency may adopt or amend existing regulations specifying
the inventory information required by this subdivision.
(e) If, pursuant to federal law or regulation, as it currently
exists or as it may be amended, there is a determination that the
inventory information required by subdivisions (a) and (c) is
substantially equivalent to the inventory information required under
the Emergency Planning and Community Right-to-Know Act of 1986 (42
U.S.C. Sec. 11001 et seq.), the requirements of subdivision (d) shall
not apply.
SEC. 166. Section 25517.5 of the Health and Safety Code is amended
to read:
25517.5. (a) The agency may develop materials, such as guidelines
and informational pamphlets, to assist businesses to fulfill their
obligations under this chapter.
(b) The agency may adopt emergency regulations for the purpose of
implementing Sections 25503 and 25509. These emergency regulations
shall be adopted by the agency in accordance with Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code, and for purposes of that chapter, the adoption
of these regulations is an emergency and shall be considered by the
Office of Administrative Law as necessary for the immediate
preservation of the public peace, health, and safety, or general
welfare.
SEC. 167. Section 25520 of the Health and Safety Code is amended
to read:
25520. The agency, not later than January 10, 1986, shall adopt
emergency regulations for the immediate report of release or
threatened release of a hazardous material as required by Section
25507 until regulations are adopted pursuant to Section 25503.
Regulations adopted pursuant to this section are not subject to
review by the Office of Administrative Law.
SEC. 168. Section 25531.2 of the Health and Safety Code is amended
to read:
25531.2. (a) The Legislature finds and declares that as the state
implements the federal accidental release prevention program
pursuant to this article, the California Emergency Management Agency
will play a vital and increased role in preventing accidental
releases of extremely hazardous substances. The Legislature further
finds and declares that as an element of the unified program
established pursuant to Chapter 6.11 (commencing with Section 25404),
a single fee system surcharge mechanism is established by Section
25404.5 to cover the costs incurred by the agency pursuant to this
article. It is the intent of the Legislature that this existing
authority, together with any federal assistance that may become
available to implement the accidental release program, be used to
fully fund the activities of the agency necessary to implement this
article.
(b) The agency shall use any federal assistance received to
implement Chapter 6.11 (commencing with Section 25404) to offset any
fees or charges levied to cover the costs incurred by the agency
pursuant to this article.
SEC. 169. Section 25545 of the Health and Safety Code is amended
to read:
25545. The agency shall develop informational guidelines for
facilities required to comply with Chapter 116 (commencing with
Section 11001) of Title 42 of the United States Code and with this
chapter, and shall assist the administering agencies in ensuring full
distribution of these guidelines to those facilities.
SEC. 170. Section 50661.5 of the Health and Safety Code is amended
to read:
50661.5. (a) There is hereby created in the State Treasury the
California Disaster Housing Repair Fund, into which shall be paid all
moneys appropriated by the Legislature pursuant to subdivision (b)
or transferred pursuant to subdivision (c) for housing repair loans
pursuant to Sections 50662.7, 50671.5, and 50671.6. All interest or
other increments resulting from the investment of moneys in the
California Disaster Housing Repair Fund shall be deposited in the
fund, notwithstanding Section 16305.7 of the Government Code.
Notwithstanding Section 13340 of the Government Code, all money in
that fund is continuously appropriated to the department for the
following purposes:
(1) For making deferred payment loans and predevelopment loans
pursuant to Sections 50662.7, 50671.5, and 50671.6.
(2) For related administrative expenses of the department.
(3) For related administrative expenses of any entity contracting
with the department, pursuant to Sections 50662.7, 50671.5, and
50671.6 in an amount, if any, as determined by the department, to
enable the entities to implement a program pursuant to those
sections.
(4) For providing loan guarantees for disaster-related loans made
by private institutional lending sources.
(b) There shall be paid into the fund the following:
(1) Any moneys appropriated and made available by the Legislature
for purposes of the fund.
(2) Any moneys transferred from the Special Fund for Economic
Uncertainties prior to July 1, 1996, pursuant to subdivision (c).
(3) Any other moneys which may be made available to the department
prior to July 1, 1996, for the purposes of this section from any
other source or sources.
(4) The director may authorize the sale of the beneficiary
interest of loans made pursuant to Section 50662.7. The proceeds from
that sale prior to July 1, 1996, shall be deposited into the
California Disaster Housing Repair Fund. Proceeds from that sale
after July 1, 1996, shall be deposited in the General Fund.
(c) (1) To the extent that funds are not available, the Department
of Housing and Community Development shall submit to the Department
of Finance, within 90 days after a disaster, a deficiency request
based on a minimum funding level based on a damage survey completed
by the California Emergency Management Agency and the Federal
Emergency Management Agency. The request shall distinguish between
owner-occupied housing of one to four units and rental housing of
five or more units.
(2) Upon receipt of the deficiency request from the Department of
Housing and Community Development pursuant to paragraph (1), the
Department of Finance shall make a funding determination and notify
the Legislature of the approval or disapproval of the deficiency
amount. Any deficiency amount approved shall distinguish between
owner-occupied housing of one to four units and rental housing of
five or more units.
(3) Any payments made pursuant to this subdivision from funds made
available under Section 50671.5 shall be matched by a corresponding
and equal payment from funds made available under Section 50671.6,
except that, upon the determination of the Director of Finance that
one of the two rental repair programs has excess funds, moneys from
that fund may be used for either of the other two disaster repair
programs.
(d) In the event of a natural disaster, as defined in Section
8680.3 of the Government Code, the Director of Finance may transfer
moneys from the Special Fund for Economic Uncertainties established
by Section 16418 of the Government Code to the California Disaster
Housing Repair Fund, provided the transfer is not made sooner than 30
days after notification in writing of the necessity therefor is
provided to the Joint Legislative Budget Committee.
(e) Notwithstanding any other provision of law, on or after July
1, 1996, the unencumbered fund balance and reserves shall be
transferred to the Housing Rehabilitation Loan Fund and subsequent
income and other resources payable pursuant to Sections 50662.7,
50671.5, and 50671.6, shall be deposited to the Housing
Rehabilitation Loan Fund, except that payments of principal and
interest on loans issued pursuant to Sections 50662.7, 50671.5, and
50671.6 shall be deposited in the General Fund.
(f) In making funds available to disaster victims pursuant to
Sections 50662.7, 50671.5, and 50671.6, the department shall impose a
one-year deadline for submission of applications.
(g) Any changes made on or after January 1, 1994, to any program
funded by the California Disaster Housing Repair Fund shall not apply
to applications submitted on or before December 31, 1993. The
department may administer the program in accordance with guidelines
until regulations are adopted.
SEC. 171. Section 51614 of the Health and Safety Code is amended
to read:
51614. (a) The agency is hereby vested with full power,
authority, and jurisdiction over the insurance fund. The agency may
perform all acts necessary or convenient in the exercise of any
power, authority, or jurisdiction over the insurance fund, either in
the administration thereof or in connection with the business
administered under this part, as fully and completely as the
governing body of a private insurance carrier.
(b) The agency may create task forces and advisory committees,
when appropriate and as the members deem necessary, for the purpose
of obtaining advice on issues arising as a result of the agency's
activities under this part. Ex officio members of those task forces
and advisory committees may include, but are not limited to, the
Insurance Commissioner or his or her designee, the Director of
Housing and Community Development or his or her designee, the
Director of the Seismic Safety Commission or his or her designee, and
the Secretary of Emergency Management or his or her designee.
SEC. 172. Section 101080.2 of the Health and Safety Code is
amended to read:
101080.2. (a) The local health officer may issue, and first
responders may execute, an order authorizing first responders to
immediately isolate exposed individuals that may have been exposed to
biological, chemical, toxic, or radiological agents that may spread
to others. An order issued pursuant to this section shall not be in
effect for a period longer than two hours and shall only be issued if
the means are both necessary and the least restrictive possible to
prevent human exposure.
(b) Before any implementation of the authority in subdivision (a),
the local health officer shall establish a related memorandum of
understanding with first responders in his or her jurisdiction that
shall require consultation with the California Emergency Management
Agency operational area coordinator, consistent with the standardized
emergency management system established pursuant to Section 8607 of
the Government Code, and shall include where and how exposed subjects
will be held pending decontamination in the local jurisdiction. That
memorandum of understanding shall be made available to the public.
(c) A violation of an order issued by the local health officer and
executed by a first responder pursuant to subdivision (a) is a
misdemeanor, punishable by a fine of up to one thousand dollars
($1000), or by imprisonment in the county jail for a period of up to
90 days, or by both.
SEC. 173. Section 105215 of the Health and Safety Code is amended
to read:
105215. (a) Any public employee, as defined in Section 811.4 of
the Government Code, whose responsibilities include matters relating
to health and safety, protection of the environment, or the use or
transportation of any pesticide and who knows, or has reasonable
cause to believe, that a pesticide has been spilled or otherwise
accidentally released, shall promptly notify the local health officer
or the notification point specified in the local hazardous materials
response plan, where the plan has been approved by the California
Emergency Management Agency and is in operation. The operator of the
notification point shall immediately notify the local health officer
of the pesticide spill report.
(b) The local health officer shall immediately notify the county
agricultural commissioner and, at his or her discretion, shall
immediately notify the Director of Environmental Health Hazard
Assessment of each report received. Within seven days after receipt
of any report, the local health officer shall notify the Director of
Pesticide Regulation, the Director of Environmental Health Hazard
Assessment, and the Director of Industrial Relations, on a form
prescribed by the Director of Environmental Health Hazard Assessment,
of each case reported to him or her pursuant to this section.
(c) The Office of Environmental Health Hazard Assessment shall
designate a telephone number or numbers for use by local health
officers in the immediate notification of the office of a pesticide
spill report. The office shall from time to time establish criteria
for use by the local health officers in determining whether the
circumstances of a pesticide spill warrants the immediate
notification of the office.
SEC. 174. Section 114650 of the Health and Safety Code is amended
to read:
114650. (a) As used in this chapter, the following definitions
shall apply:
(1) "Agency" means the California Emergency Management Agency.
(2) "Department" means the State Department of Health Services.
(3) "Disburse or disbursement" means a payment in advance from the
Nuclear Planning Assessment Special Account, as specified in
paragraph (5) of subdivision (b) of Section 8610.5 of the Government
Code.
(4) "Emergency planning zone" means a zone identified in state and
local government emergency plans where immediate decisions for
effective public protective action from radiation may be necessary.
(5) "Exercise" means an event that tests emergency plans and
organizations and that the Federal Emergency Management Agency
evaluates pursuant to Part 350 (commencing with Section 350.1) of
Subchapter E of Chapter I of Title 44 of the Code of Federal
Regulations.
(6) "Ingestion pathway phase" means the period beginning after any
release of radioactive material from a nuclear powerplant accident
when the plume emergency phase has ceased, and reliable environmental
measurements are available for making decisions on additional
protective actions to protect the food chain. The main concern is to
prevent exposure from ingestion of contaminated water or food, such
as milk, fresh vegetables, or aquatic foodstuffs.
(7) "Ingestion pathway zone" means the 50-mile radius around each
of the state's nuclear powerplants in which protective actions may be
required to protect the food chain in the event of an emergency.
(8) "Interjurisdictional Planning Committee" means the planning
committee, comprised of representatives of the Counties of Orange and
San Diego, the Cities of Dana Point, San Clemente, and San Juan
Capistrano, the Camp Pendleton Marine Corps Base, the State
Department of Parks and Recreation, and the Southern California
Edison Company, established as a mechanism for coordinating
integrated preparedness and response in the event of an emergency at
the San Onofre Nuclear Generating Station.
(9) "Local government" means a city or county that provides
emergency response for a nuclear powerplant emergency.
(10) "Local jurisdiction" means an entity that provides emergency
response for a nuclear powerplant emergency in accordance with the
plans of a local government.
(11) "Plume emergency phase" means the period beginning at the
onset of an emergency at a nuclear powerplant when immediate
decisions for public protective actions are needed.
(12) "Recovery phase" means the period when actions designed to
reduce radiation levels in the environment to acceptable levels for
unrestricted use are commenced, and ending when all recovery actions
have been completed.
(13) "Site" means the location of a nuclear powerplant and its
surrounding emergency planning zone.
SEC. 175. Section 114655 of the Health and Safety Code is amended
to read:
114655. (a) The Legislature hereby finds and declares as follows:
(1) Existing law requires the development and maintenance of a
nuclear powerplant emergency response program by state and local
governments based on federal and state criteria.
(2) The agency, in consultation with the department and the
counties, has investigated the consequences of a serious nuclear
powerplant accident and has established plume emergency phase and
ingestion pathway phase planning zones for each site. These zones
imply mutually supportive emergency planning and preparedness
arrangements by all levels of government.
(3) An integrated emergency planning program is necessary for the
benefit of the citizens within the planning zones.
(b) Nothing in this chapter limits the activities of any
government in carrying out its general responsibilities pertaining to
the public health and the safety aspects of emergency response.
SEC. 176. The heading of Article 2 (commencing with Section
114660) of Chapter 4 of Part 9 of Division 104 of the Health and
Safety Code is amended to read:
Article 2. Responsibilities of the California Emergency
Management Agency
SEC. 177. Section 114660 of the Health and Safety Code is amended
to read:
114660. (a) The agency is responsible for the coordination and
integration of all emergency planning programs and response plans
under this chapter. If there is a nuclear powerplant accident, the
agency shall coordinate information and resources to support local
governments in a joint state and local government decisionmaking
process.
(b) The agency shall perform all of the following duties and
functions:
(1) Coordinate the activities of all state agencies relating to
preparation and implementation of the State Nuclear Power Plant
Emergency Response Plan. The agency shall be the focal point for
coordinating nuclear powerplant emergency preparedness activities
with local governments, other state agencies, federal agencies, and
other organizations.
(2) Exercise explicit ultimate authority for allocating funds from
the Nuclear Planning Assessment Special Account to local
governments.
(3) Coordinate and participate in exercises of the state's nuclear
emergency response plan with each site during its federally
evaluated exercise.
(4) Ensure that state personnel are adequately trained to respond
in the event of an actual emergency. The exercises shall include the
department and other relevant state agencies.
(5) In consultation with the department, review protective action
recommendations developed by the utilities and local government
representatives.
(6) Coordinate planning guidance to state agencies and local
governments.
(7) Ensure the development and maintenance of the State Nuclear
Power Plant Emergency Response Plan and procedures necessary to carry
out those responsibilities and review and approve state agency plans
in draft prior to publication.
(8) Exercise discretionary authority regarding the formation of
interagency agreements with state agencies having local emergency
responsibilities, to ensure state agencies have updated emergency
plans and trained emergency response personnel to respond during the
plume emergency phase.
(9) Conduct a study similar to that described in Section 8610.3 of
the Government Code, for any nuclear powerplant with a generating
capacity of 50 megawatts or more that is proposed for licensing in
this state.
SEC. 178. Section 114790 of the Health and Safety Code is amended
to read:
114790. The information transmitted to the radiation monitoring
displays in the technical support center or emergency operating
facility of a nuclear powerplant shall be simultaneously transmitted
to the California Emergency Management Agency State Warning Center.
SEC. 179. Section 114820 of the Health and Safety Code is amended
to read:
114820. (a) The department, with the assistance of the California
Emergency Management Agency, the State Energy Resources Conservation
and Development Commission, and the Department of the California
Highway Patrol shall, with respect to any fissile radioactive
material coming within the definition of "fissile class II," "fissile
class III," "large quantity radioactive materials," or "low-level
radioactive waste" provided by the regulations of the United States
Department of Transportation (49 C.F.R. 173.389), do all of the
following:
(1) Study the adequacy of current packaging requirements for
radioactive materials.
(2) Study the effectiveness of special routing and timing of
radioactive materials shipments for the protection of the public
health.
(3) Study the advantages of establishing a tracking system for
shipments of most hazardous radioactive materials.
(b) The department, with the assistance of the California
Emergency Management Agency, the State Energy Resources Conservation
and Development Commission, and the Department of the California
Highway Patrol, shall extend the nuclear emergency response plan to
include radioactive materials in transit and provide training for law
enforcement officers in dealing with those threats.
(c) Subject to Section 114765, the department, in cooperation with
the Department of the California Highway Patrol, shall adopt, in
accordance with Chapter 3.5 (commencing with Section 11340) of Part 1
of Division 3 of Title 2 of the Government Code, reasonable
regulations that, in the judgment of the department, promote the safe
transportation of radioactive materials. The regulations shall (1)
prescribe the use of signs designating radioactive material cargo;
shall designate, in accordance with the results of the studies done
pursuant to subdivision (a), the manner in which the shipper shall
give notice of the shipment to appropriate authorities; (2) prescribe
the packing, marking, loading, and handling of radioactive
materials, and the precautions necessary to determine whether the
material when offered is in proper condition to transport, but shall
not include the equipment and operation of the carrier vehicle; and
(3) be reviewed and amended, as required, pursuant to Section 114765.
The regulations shall be compatible with those established by the
federal agency or agencies required or permitted by federal law to
establish the regulations.
(d) Subject to Section 114765, the Department of the California
Highway Patrol, after consulting with the department, shall adopt
regulations specifying the time at which shipments may occur and the
routes that are to be used in the transportation of cargoes of
hazardous radioactive materials, as those materials are defined in
regulations of the department.
SEC. 180. Section 115280 of the Health and Safety Code is amended
to read:
115280. (a) Each privately owned and publicly owned public
utility operating a nuclear powerplant with a generating capacity of
50 megawatts or more shall install an automated alert system that
will activate alarms in the California State Warning Center of the
California Emergency Management Agency in a manner to be determined
by the agency in consultation with the department and the appropriate
county emergency services agency. This automated alert system shall
duplicate the following alarms in the control rooms of each nuclear
powerplant:
(1) Safety injection actuation (operation of the emergency core
cooling system).
(2) High radiation alarm of the radioactive gas effluent stack
monitor.
(b) The automated alert system shall be operative within 12 months
of the effective date of this chapter.
(c) In no event shall the capital costs of complying with this
section exceed two hundred thousand dollars ($200,000) per nuclear
powerplant. The operator of each nuclear powerplant shall be
responsible for any maintenance or recurring charges. The funds
expended by privately owned utilities under
this section shall be allowed for ratemaking
purposes by the Public Utilities Commission. Publicly owned public
utilities shall include funds expended under this section in their
rates.
(d) The automated alert system shall be operational whenever
corresponding alarms in the control rooms of each nuclear powerplant
are required to be operational under the terms of the operating
license issued by the Nuclear Regulatory Commission, except for
periods of time required for maintenance, repair, calibration, or
testing.
(e) Nothing in this section shall require plant modifications or
the conduct of operations that may be in conflict with conditions of
a license to operate issued by the Nuclear Regulatory Commission or
other activities authorized by the Nuclear Regulatory Commission.
(f) The California Emergency Management Agency shall make
provision for immediate notification of appropriate local officials
upon activation of the automated alert system pursuant to this
section.
SEC. 181. Section 115295 of the Health and Safety Code is amended
to read:
115295. If the Humboldt Bay Nuclear Generating Station is not in
operation on the effective date of this section, the local emergency
plan for it shall not be required to meet the revised emergency
response plan requirements of Section 8610.5 of the Government Code
until the Nuclear Regulatory Commission determines that the
powerplant meets Nuclear Regulatory Commission seismic safety
criteria, or until the Nuclear Regulatory Commission issues an order
rescinding the restrictions imposed on the Humboldt Bay Nuclear
Generating Station in its order of May 21, 1976.
In the event that the Nuclear Regulatory Commission determines
that the Humboldt Bay Nuclear Generating Station meets Nuclear
Regulatory Commission seismic safety standards, or issues an order
rescinding the restrictions in its order of May 21, 1976, a draft
county emergency plan meeting the requirements of Section 8610.5 of
the Government Code shall be submitted to the California Emergency
Management Agency for review within 180 days of the determination or
rescission. Within 90 days after submission of the draft county
emergency plan, approval of a final plan shall be completed by the
California Emergency Management Agency.
SEC. 182. Section 115340 of the Health and Safety Code is amended
to read:
115340. (a) The State Department of Health Services shall work
with the KI working group, which is coordinated by the California
Emergency Management Agency, to establish and implement a program to
oversee the distribution of potassium iodide (KI) tablets to all
persons who reside, work, visit, or attend school within the
state-designated emergency planning zone of an operational nuclear
powerplant, in order to provide protection to members of the public
in the event of an accident causing leakage of radioactive iodine,
pursuant to the offer of the Nuclear Regulatory Commission to provide
the state with a supply of KI tablets.
(b) In order to implement the program required by subdivision (a),
the department, in consultation with local health departments and
local emergency management agencies, shall develop and implement a
plan for both of the following:
(1) The prompt distribution of the tablets to persons at risk in
the event of a nuclear emergency, in a manner to best protect the
public health.
(2) The dissemination of instructions on the use of the tablets,
including the possible need for medical consultation, if indicated.
(c) The department shall work with the KI working group described
in subdivision (a) to develop and implement a plan and method for the
efficient storage of KI tablets.
(d) The department, in consultation with the KI working group,
shall evaluate areas in the state, other than those described in
subdivision (a), in which leakage of radioactive iodine is possible,
and evaluate the need to store quantities of KI tablets in those
areas.
(e) No later than July 1, 2004, the department shall submit a plan
to the Governor and the Legislature on the establishment and
implementation of the program required pursuant to subdivisions (a)
and (b), and on the development and implementation of the plan and
method required in subdivision (c). No later than July 1, 2004, the
department shall also submit to the Governor and the Legislature the
evaluation required in subdivision (d).
SEC. 183. Section 124174.2 of the Health and Safety Code is
amended to read:
124174.2. (a) The department, in cooperation with the State
Department of Education, shall establish a Public School Health
Center Support Program.
(b) The program, in collaboration with the State Department of
Education, shall perform the following program functions:
(1) Provide technical assistance to school health centers on
effective outreach and enrollment strategies to identify children who
are eligible for, but not enrolled in, the Medi-Cal program, the
Healthy Families Program, or any other applicable program.
(2) Serve as a liaison between organizations within the
department, including, but not limited to, prevention services,
primary care, and family health.
(3) Serve as a liaison between other state entities, as
appropriate, including, but not limited to, the State Department of
Health Care Services, the State Department of Mental Health, the
State Department of Alcohol and Drug Programs, the Department of
Managed Health Care, the California Emergency Management Agency, and
the Managed Risk Medical Insurance Board.
(4) Provide technical assistance to facilitate and encourage the
establishment, retention, or expansion of, school health centers. For
purposes of this paragraph, technical assistance may include, but is
not limited to, identifying available public and private sources of
funding, which may include federal Medicaid funds, funds from
third-party reimbursements, and available federal or foundation grant
moneys.
(c) The department shall consult with interested parties and
appropriate stakeholders, including the California School Health
Centers Association and representatives of youth and parents, in
carrying out its responsibilities under this article.
SEC. 184. Section 130055 of the Health and Safety Code is amended
to read:
130055. Within 60 days following the office's approval of the
report submitted pursuant to subdivision (b) of Section 130050,
general acute hospital building owners shall do all of the following:
(a) Inform the local office of emergency services or the
equivalent agency, the California Emergency Management Agency, and
the office, of each building's expected earthquake performance.
(b) Include all pertinent information regarding the building's
expected earthquake performance in emergency training, response, and
recovery plans.
(c) Include all pertinent information regarding the building's
expected earthquake performance in capital outlay plans.
SEC. 185. Section 16020 of the Insurance Code is amended to read:
16020. The commissioner, in consultation with the California
Emergency Management Agency and other emergency service agencies,
shall establish a method for identification of representatives of
insurers.
SEC. 186. Section 16030 of the Insurance Code is amended to read:
16030. (a) The commissioner, in cooperation with insurers, the
California Emergency Management Agency, and other emergency service
agencies, shall establish procedures for the coordination of efforts
between insurers and their representatives and those of emergency
response agencies.
(b) The commissioner shall assign a representative of the
commissioner to work within the state's regional emergency operations
centers. The representative shall complete the appropriate
Standardized Emergency Management Systems training.
(c) All insurance disaster assessment team members shall complete
the appropriate Standardized Emergency Management Systems training.
SEC. 187. Section 3211.91 of the Labor Code is amended to read:
3211.91. "Accredited disaster council" means a disaster council
that is certified by the California Emergency Management Agency as
conforming with the rules and regulations established by the office
pursuant to Article 10 (commencing with Section 8610) of Chapter 7 of
Division 1 of Title 2 of the Government Code. A disaster council
remains accredited only while the certification of the California
Emergency Management Agency is in effect and is not revoked.
SEC. 189. Section 4350 of the Labor Code is amended to read:
4350. The California Emergency Management Agency shall administer
this chapter as it relates to volunteer disaster service workers.
SEC. 190. Section 433.5 of the Military and Veterans Code is
amended to read:
433.5. All state armories may be used for emergency purposes on
such terms and conditions as shall be mutually agreeable to the
Military Department and the California Emergency Management Agency.
SEC. 191. Section 273.82 of the Penal Code is amended to read:
273.82. Spousal abuser prosecution units receiving funds under
this chapter shall concentrate enhanced prosecution efforts and
resources upon individuals identified under selection criteria set
forth in Section 273.83. Enhanced prosecution efforts and resources
shall include, but not be limited to, all of the following:
(a) (1) Vertical prosecutorial representation, whereby the
prosecutor who, or prosecution unit that, makes all major court
appearances on that particular case through its conclusion, including
bail evaluation, preliminary hearing, significant law and motion
litigation, trial, and sentencing.
(2) Vertical counselor representation, whereby a trained domestic
violence counselor maintains liaison from initial court appearances
through the case's conclusion, including the sentencing phase.
(b) The assignment of highly qualified investigators and
prosecutors to spousal abuser cases. "Highly qualified" for the
purposes of this chapter means any of the following:
(1) Individuals with one year of experience in the investigation
and prosecution of felonies.
(2) Individuals with at least two years of experience in the
investigation and prosecution of misdemeanors.
(3) Individuals who have attended a program providing domestic
violence training as approved by the California Emergency Management
Agency or the Department of Justice.
(c) A significant reduction of caseloads for investigators and
prosecutors assigned to spousal abuser cases.
(d) Coordination with local rape victim counseling centers,
spousal abuse services programs, and victim-witness assistance
programs. That coordination shall include, but not be limited to:
referrals of individuals to receive client services; participation in
local training programs; membership and participation in local task
forces established to improve communication between criminal justice
system agencies and community service agencies; and cooperating with
individuals serving as liaison representatives of local rape victim
counseling centers, spousal abuse victim programs, and victim-witness
assistance programs.
SEC. 192. Section 830.3 of the Penal Code is amended to read:
830.3. The following persons are peace officers whose authority
extends to any place in the state for the purpose of performing their
primary duty or when making an arrest pursuant to Section 836 of the
Penal Code as to any public offense with respect to which there is
immediate danger to person or property, or of the escape of the
perpetrator of that offense, or pursuant to Section 8597 or 8598 of
the Government Code. These peace officers may carry firearms only if
authorized and under those terms and conditions as specified by their
employing agencies:
(a) Persons employed by the Division of Investigation of the
Department of Consumer Affairs and investigators of the Medical Board
of California and the Board of Dental Examiners, who are designated
by the Director of Consumer Affairs, provided that the primary duty
of these peace officers shall be the enforcement of the law as that
duty is set forth in Section 160 of the Business and Professions
Code.
(b) Voluntary fire wardens designated by the Director of Forestry
and Fire Protection pursuant to Section 4156 of the Public Resources
Code, provided that the primary duty of these peace officers shall be
the enforcement of the law as that duty is set forth in Section 4156
of that code.
(c) Employees of the Department of Motor Vehicles designated in
Section 1655 of the Vehicle Code, provided that the primary duty of
these peace officers shall be the enforcement of the law as that duty
is set forth in Section 1655 of that code.
(d) Investigators of the California Horse Racing Board designated
by the board, provided that the primary duty of these peace officers
shall be the enforcement of Chapter 4 (commencing with Section 19400)
of Division 8 of the Business and Professions Code and Chapter 10
(commencing with Section 330) of Title 9 of Part 1 of this code.
(e) The State Fire Marshal and assistant or deputy state fire
marshals appointed pursuant to Section 13103 of the Health and Safety
Code, provided that the primary duty of these peace officers shall
be the enforcement of the law as that duty is set forth in Section
13104 of that code.
(f) Inspectors of the food and drug section designated by the
chief pursuant to subdivision (a) of Section 106500 of the Health and
Safety Code, provided that the primary duty of these peace officers
shall be the enforcement of the law as that duty is set forth in
Section 106500 of that code.
(g) All investigators of the Division of Labor Standards
Enforcement designated by the Labor Commissioner, provided that the
primary duty of these peace officers shall be the enforcement of the
law as prescribed in Section 95 of the Labor Code.
(h) All investigators of the State Departments of Health Care
Services, Public Health, Social Services, Mental Health, and Alcohol
and Drug Programs, the Department of Toxic Substances Control, the
Office of Statewide Health Planning and Development, and the Public
Employees' Retirement System, provided that the primary duty of these
peace officers shall be the enforcement of the law relating to the
duties of his or her department or office. Notwithstanding any other
provision of law, investigators of the Public Employees' Retirement
System shall not carry firearms.
(i) The Chief of the Bureau of Fraudulent Claims of the Department
of Insurance and those investigators designated by the chief,
provided that the primary duty of those investigators shall be the
enforcement of Section 550.
(j) Employees of the Department of Housing and Community
Development designated under Section 18023 of the Health and Safety
Code, provided that the primary duty of these peace officers shall be
the enforcement of the law as that duty is set forth in Section
18023 of that code.
(k) Investigators of the office of the Controller, provided that
the primary duty of these investigators shall be the enforcement of
the law relating to the duties of that office. Notwithstanding any
other law, except as authorized by the Controller, the peace officers
designated pursuant to this subdivision shall not carry firearms.
(l) Investigators of the Department of Corporations designated by
the Commissioner of Corporations, provided that the primary duty of
these investigators shall be the enforcement of the provisions of law
administered by the Department of Corporations. Notwithstanding any
other provision of law, the peace officers designated pursuant to
this subdivision shall not carry firearms.
(m) Persons employed by the Contractors' State License Board
designated by the Director of Consumer Affairs pursuant to Section
7011.5 of the Business and Professions Code, provided that the
primary duty of these persons shall be the enforcement of the law as
that duty is set forth in Section 7011.5, and in Chapter 9
(commencing with Section 7000) of Division 3, of that code. The
Director of Consumer Affairs may designate as peace officers not more
than 12 persons who shall at the time of their designation be
assigned to the special investigations unit of the board.
Notwithstanding any other provision of law, the persons designated
pursuant to this subdivision shall not carry firearms.
(n) The Chief and coordinators of the Law Enforcement Branch of
the California Emergency Management Agency.
(o) Investigators of the office of the Secretary of State
designated by the Secretary of State, provided that the primary duty
of these peace officers shall be the enforcement of the law as
prescribed in Chapter 3 (commencing with Section 8200) of Division 1
of Title 2 of, and Section 12172.5 of, the Government Code.
Notwithstanding any other provision of law, the peace officers
designated pursuant to this subdivision shall not carry firearms.
(p) The Deputy Director for Security designated by Section 8880.38
of the Government Code, and all lottery security personnel assigned
to the California State Lottery and designated by the director,
provided that the primary duty of any of those peace officers shall
be the enforcement of the laws related to ensuring the integrity,
honesty, and fairness of the operation and administration of the
California State Lottery.
(q) Investigators employed by the Investigation Division of the
Employment Development Department designated by the director of the
department, provided that the primary duty of those peace officers
shall be the enforcement of the law as that duty is set forth in
Section 317 of the Unemployment Insurance Code.
Notwithstanding any other provision of law, the peace officers
designated pursuant to this subdivision shall not carry firearms.
(r) The chief and assistant chief of museum security and safety of
the California Science Center, as designated by the executive
director pursuant to Section 4108 of the Food and Agricultural Code,
provided that the primary duty of those peace officers shall be the
enforcement of the law as that duty is set forth in Section 4108 of
the Food and Agricultural Code.
(s) Employees of the Franchise Tax Board designated by the board,
provided that the primary duty of these peace officers shall be the
enforcement of the law as set forth in Chapter 9 (commencing with
Section 19701) of Part 10.2 of Division 2 of the Revenue and Taxation
Code.
(t) Notwithstanding any other provision of this section, a peace
officer authorized by this section shall not be authorized to carry
firearms by his or her employing agency until that agency has adopted
a policy on the use of deadly force by those peace officers, and
until those peace officers have been instructed in the employing
agency's policy on the use of deadly force.
Every peace officer authorized pursuant to this section to carry
firearms by his or her employing agency shall qualify in the use of
the firearms at least every six months.
(u) Investigators of the Department of Managed Health Care
designated by the Director of the Department of Managed Health Care,
provided that the primary duty of these investigators shall be the
enforcement of the provisions of laws administered by the Director of
the Department of Managed Health Care. Notwithstanding any other
provision of law, the peace officers designated pursuant to this
subdivision shall not carry firearms.
(v) The Chief, Deputy Chief, supervising investigators, and
investigators of the Office of Protective Services of the State
Department of Developmental Services, provided that the primary duty
of each of those persons shall be the enforcement of the law relating
to the duties of his or her department or office.
SEC. 193. Section 999c of the Penal Code is amended to read:
999c. (a) There is hereby established in the California Emergency
Management Agency a program of financial and technical assistance
for district attorneys' offices, designated the California Career
Criminal Prosecution Program. All funds appropriated to the agency
for the purposes of this chapter shall be administered and disbursed
by the executive director of that agency in consultation with the
California Council on Criminal Justice, and shall to the greatest
extent feasible be coordinated or consolidated with federal funds
that may be made available for these purposes.
(b) The Secretary of Emergency Management is authorized to
allocate and award funds to counties in which career criminal
prosecution units are established in substantial compliance with the
policies and criteria set forth below in Sections 999d, 999e, 999f,
and 999g.
(c) The allocation and award of funds shall be made upon
application executed by the county's district attorney and approved
by its board of supervisors. Funds disbursed under this chapter shall
not supplant local funds that would, in the absence of the
California Career Criminal Prosecution Program, be made available to
support the prosecution of felony cases. Funds available under this
program shall not be subject to review as specified in Section 14780
of the Government Code.
SEC. 194. Section 999j of the Penal Code is amended to read:
999j. (a) There is hereby established in the California Emergency
Management Agency a program of financial and technical assistance
for district attorneys' offices, designated the Repeat Sexual
Offender Prosecution Program. All funds appropriated to the agency
for the purposes of this chapter shall be administered and disbursed
by the secretary of the agency, and shall to the greatest extent
feasible, be coordinated or consolidated with any federal or local
funds that may be made available for these purposes.
The California Emergency Management Agency shall establish
guidelines for the provision of grant awards to proposed and existing
programs prior to the allocation of funds under this chapter. These
guidelines shall contain the criteria for the selection of agencies
to receive funding, as developed in consultation with an advisory
group to be known as the Repeat Sexual Offender Prosecution Program
Steering Committee. The membership of the steering committee shall be
designated by the secretary of the agency.
A draft of the guidelines shall be developed and submitted to the
Chairpersons of the Assembly Criminal Law and Public Safety Committee
and the Senate Judiciary Committee within 60 days of the effective
date of this chapter and issued within 90 days of the same effective
date. These guidelines shall set forth the terms and conditions upon
which the California Emergency Management Agency is prepared to offer
grants pursuant to statutory authority. The guidelines shall not
constitute rules, regulations, orders, or standards of general
application.
(b) The Secretary of Emergency Management is authorized to
allocate and award funds to counties in which repeat sexual offender
prosecution units are established or are proposed to be established
in substantial compliance with the policies and criteria set forth
below in Sections 999k, 999 l , and 999m.
(c) The allocation and award of funds shall be made upon
application executed by the county's district attorney and approved
by its board of supervisors. Funds disbursed under this chapter shall
not supplant local funds that would, in the absence of the
California Repeat Sexual Offender Prosecution Program, be made
available to support the prosecution of repeat sexual offender felony
cases. Local grant awards made under this program shall not be
subject to review as specified in Section 14780 of the Government
Code.
SEC. 195. Section 999k of the Penal Code is amended to read:
999k. Repeat sexual offender prosecution units receiving funds
under this chapter shall concentrate enhanced prosecution efforts and
resources upon individuals identified under selection criteria set
forth in Section 999 l . Enhanced prosecution efforts and
resources shall include, but not be limited to:
(a) Vertical prosecutorial representation, whereby the prosecutor
who makes the initial filing or appearance in a repeat sexual
offender case will perform all subsequent court appearances on that
particular case through its conclusion, including the sentencing
phase.
(b) The assignment of highly qualified investigators and
prosecutors to repeat sexual offender cases. "Highly qualified" for
the purposes of this chapter shall be defined as: (1) individuals
with one year of experience in the investigation and prosecution of
felonies or specifically the felonies listed in subdivision (a) of
Section 999 l ; or (2) individuals whom the district
attorney has selected to receive training as set forth in Section
13836; or (3) individuals who have attended a program providing
equivalent training as approved by the California Emergency
Management Agency.
(c) A significant reduction of caseloads for investigators and
prosecutors assigned to repeat sexual offender cases.
(d) Coordination with local rape victim counseling centers, child
abuse services programs, and victim witness assistance programs.
Coordination shall include, but not be limited to: referrals of
individuals to receive client services; participation in local
training programs; membership and participation in local task forces
established to improve communication between criminal justice system
agencies and community service agencies; and cooperating with
individuals serving as liaison representatives of local rape victim
counseling centers and victim witness assistance programs.
SEC. 196. Section 999n of the Penal Code is amended to read:
999n. (a) The selection criteria set forth in Section 999 l
shall be adhered to for each repeat sexual offender case
unless, in the reasonable exercise of prosecutor's discretion,
extraordinary circumstances require departure from those policies in
order to promote the general purposes and intent of this chapter.
(b) Each district attorney's office establishing a repeat sexual
offender prosecution unit and receiving state support under this
chapter shall submit the following information, on a quarterly basis,
to the California Emergency Management Agency:
(1) The number of sexual assault cases referred to the district
attorney's office for possible filing.
(2) The number of sexual assault cases filed for felony
prosecution.
(3) The number of sexual assault cases taken to trial.
(4) The percentage of sexual assault cases tried which resulted in
conviction.
SEC. 197. Section 999p of the Penal Code is amended to read:
999p. The California Emergency Management Agency is encouraged to
utilize any federal funds which may become available in order to
implement the provisions of this chapter.
SEC. 198. Section 999r of the Penal Code is amended to read:
999r. (a) There is hereby established in the California Emergency
Management Agency a program of financial and technical assistance
for district attorneys' offices, designated the Child Abuser
Prosecution Program. All funds appropriated to the agency for the
purposes of this chapter shall be administered and disbursed by the
executive director of that agency or agencies, and shall to the
greatest extent feasible, be coordinated or consolidated with any
federal or local funds that may be made available for these purposes.
The California Emergency Management Agency shall establish
guidelines for the provision of grant awards to proposed and existing
programs prior to the allocation of funds under this chapter. These
guidelines shall contain the criteria for the selection of agencies
to receive funding and the terms and conditions upon which the agency
is prepared to offer grants pursuant to statutory authority. The
guidelines shall not constitute rules, regulations, orders, or
standards of general application. The guidelines shall be submitted
to the appropriate policy committees of the Legislature prior to
their adoption.
(b) The Secretary of Emergency Management is authorized to
allocate and award funds to counties in which child abuser offender
prosecution units are established or are proposed to be established
in substantial compliance with the policies and criteria set forth
below in Sections 999s, 999t, and 999u.
(c) The allocation and award of funds shall be made upon
application executed by the county's district attorney and approved
by its board of supervisors. Funds disbursed under this chapter shall
not supplant local funds that would, in the absence of the
California Child Abuser Prosecution Program, be made available to
support the prosecution of child abuser felony cases. Local grant
awards made under this program shall not be subject to review as
specified in Section 14780 of the Government Code.
SEC. 199. Section 999s of the Penal Code is amended to read:
999s. Child abuser prosecution units receiving funds under this
chapter shall concentrate enhanced prosecution efforts and resources
upon individuals identified under selection criteria set forth in
Section 999t. Enhanced prosecution efforts and resources shall
include, but not be limited to:
(a) Vertical prosecutorial representation, whereby the prosecutor
who, or prosecution unit which, makes the initial filing or
appearance in a case performs all subsequent court appearances on
that particular case through its conclusion, including the sentencing
phase.
(b) The assignment of highly qualified investigators and
prosecutors to child abuser cases. "Highly qualified" for the
purposes of this chapter means: (1) individuals with one year of
experience in the investigation and prosecution of felonies or
specifically the felonies listed in subdivision (a) of Section 999
l or 999t; or (2) individuals whom the district attorney
has selected to receive training as set forth in Section 13836; or
(3) individuals who have attended a program providing equivalent
training as approved by the California Emergency Management Agency.
(c) A significant reduction of caseloads for investigators and
prosecutors assigned to child abuser cases.
(d) Coordination with local rape victim counseling centers, child
abuse services programs, and victim witness assistance programs. That
coordination shall include, but not be limited to: referrals of
individuals to receive client services; participation in local
training programs; membership and participation in local task forces
established to improve communication between criminal justice system
agencies and community service agencies; and cooperating with
individuals serving as liaison representatives of child abuse and
child sexual abuse programs, local rape victim counseling centers and
victim witness assistance programs.
SEC. 200. Section 999v of the Penal Code is amended to read:
999v. (a) The selection criteria set forth in Section 999t shall
be adhered to for each child abuser case unless, in the reasonable
exercise of prosecutor's discretion, extraordinary circumstances
require departure from those policies in order to promote the general
purposes and intent of this chapter.
(b) Each district attorney's office establishing a child abuser
prosecution unit and receiving state support under this chapter shall
submit the following information, on a quarterly basis, to the
California Emergency Management Agency:
(1) The number of child abuser cases referred to the district
attorney's office for possible filing.
(2) The number of child abuser cases filed for felony prosecution.
(3) The number of sexual assault cases taken to trial.
(4) The number of child abuser cases tried which resulted in
conviction.
SEC. 201. Section 999x of the Penal Code is amended to read:
999x. The California Emergency Management Agency is encouraged to
utilize any federal funds which may become available in order to
implement the provisions of this chapter.
SEC. 202. Section 999y of the Penal Code is amended to read:
999y. The California Emergency Management Agency shall report
annually to the Legislature concerning the program established by
this chapter. The agency shall prepare and submit to the Legislature
on or before December 15, 2002, and within six months of the
completion of subsequent funding cycles for this program, an
evaluation of the Child Abuser Prosecution Program. This evaluation
shall identify outcome measures to determine the effectiveness of the
programs established under this chapter, which shall include, but
not be limited to, both of the following, to the extent that data is
available:
(a) Child abuse conviction rates of Child Abuser Prosecution
Program units compared to those of nonfunded counties.
(b) Quantification of the annual per capita costs of the Child
Abuser Prosecution Program compared to the costs of prosecuting child
abuse crimes in nonfunded counties.
SEC. 203. Section 1174.2 of the Penal Code is amended to read:
1174.2. (a) Notwithstanding any other law, the unencumbered
balance of Item 5240-311-751 of Section 2 of the Budget Act of 1990
shall revert to the unappropriated surplus of the 1990 Prison
Construction Fund. The sum of fifteen million dollars ($15,000,000)
is hereby appropriated to the Department of Corrections from the 1990
Prison Construction Fund for site acquisition, site studies,
environmental studies, master planning, architectural programming,
schematics, preliminary plans, working drawings, construction, and
long lead and equipment items for the purpose of constructing
facilities for pregnant and parenting women's alternative sentencing
programs. These funds shall not be expended for any operating costs,
including those costs reimbursed by the department pursuant to
subdivision (c) of Section 1174.3. Funds not expended pursuant to
this chapter shall be used for planning, construction, renovation, or
remodeling by, or under the supervision of, the Department of
Corrections and Rehabilitation, of community-based facilities for
programs designed to reduce drug use and recidivism, including, but
not limited to, restitution centers, facilities for the incarceration
and rehabilitation of drug offenders, multipurpose correctional
centers, and centers for intensive programs for parolees. These funds
shall not be expended until legislation authorizing the
establishment of these programs is enacted. If the Legislature finds
that the Department of Corrections and Rehabilitation has made a good
faith effort to site community-based facilities, but funds
designated for these community-based facilities are unexpended as of
January 1, 1998, the Legislature may appropriate these funds for
other Level I housing.
(b) The Department of Corrections and Rehabilitation shall
purchase, design, construct, and renovate facilities in counties or
multicounty areas with a population of more than 450,000 people
pursuant to this chapter. The department shall target for selection,
among other counties, Los Angeles County, San Diego County, and a bay
area, central valley, and an inland empire county as determined by
the Director of Corrections. The department, in consultation with the
State Department of Alcohol and Drug Programs, shall design core
alcohol and drug treatment programs, with specific requirements and
standards. Residential facilities shall be licensed by the State
Department of Alcohol and Drug Programs in accordance with provisions
of the Health and Safety Code governing licensure of alcoholism or
drug abuse recovery or treatment facilities. Residential and
nonresidential programs shall be certified by the State Department of
Alcohol and Drug Programs as meeting its standards for perinatal
services. Funds shall be awarded to selected agency service providers
based upon all of the following criteria and procedures:
(1) A demonstrated ability to provide comprehensive services to
pregnant women or women with children who are substance abusers
consistent with this chapter. Criteria shall include, but not be
limited to, each of the following:
(A) The success records of the types of programs proposed based
upon standards for successful programs.
(B) Expertise and actual experience of persons who will be in
charge of the proposed program.
(C) Cost-effectiveness, including the costs per client served.
(D) A demonstrated ability to implement a program as expeditiously
as possible.
(E) An ability to accept referrals and participate in a process
with the probation department determining eligible candidates for the
program.
(F) A demonstrated ability to seek and obtain supplemental funding
as required in support of the overall administration of this
facility from any county, state, or federal source that may serve to
support this program, including the State Department of Alcohol and
Drug Programs, the California Emergency Management Agency, the State
Department of Social Services, the State Department of Mental Health,
or any county public health department. In addition, the agency
shall also attempt to secure other available funding from all county,
state, or federal sources for program implementation.
(G) An ability to provide intensive supervision of the program
participants to ensure complete daily programming.
(2) Staff from the department shall be available to selected
agencies for consultation and technical services in preparation and
implementation of the selected proposals.
(3) The department shall consult with existing program operators
that are then currently delivering similar program services, the
State Department of Alcohol and Drug Programs, and others it may
identify in the development of the program.
(4) Funds shall be made available by the department to the
agencies selected to administer the operation of this program.
(5) Agencies shall demonstrate an ability to provide offenders a
continuing supportive network of outpatient drug treatment and other
services upon the women's completion of the program and reintegration
into the community.
(6) The department may propose any variation of types and sizes of
facilities to carry out the purposes of this chapter.
(7) The department shall secure all other available funding for
its eligible population from all county, state, or federal sources.
(8) Each program proposal shall include a plan for the required
12-month residential program, plus a 12-month outpatient transitional
services program to be completed by participating women and
children.
SEC. 204. Section 1191.21 of the Penal Code is amended to read:
1191.21. (a) (1) The California Emergency Management Agency shall
develop and make available a "notification of eligibility" card for
victims and derivative victims of crimes as defined in subdivision
(c) of Section 13960 of the Government Code that includes, but is not
limited to, the following information:
"If you have been the victim of a crime that meets the required
definition, you or others may be eligible to receive payment from the
California State Restitution Fund for losses directly resulting from
the crime. To learn about eligibility and receive an application to
receive payments, call the Victims of Crime Program at (800) 777-9229
or call your local county Victim Witness Assistance Center."
(2) At a minimum, the California Emergency Management Agency shall
develop a template available for downloading on its Internet Web
site the information requested in subdivision (b).
(b) In a case involving a crime as defined in subdivision (c) of
Section 13960 of the Government Code, the law enforcement officer
with primary responsibility for investigating the crime committed
against the victim and the district attorney may provide the
"notification of eligibility" card to the victim and derivative
victim of a crime.
(c) The terms "victim" and "derivative victim" shall be given the
same meaning given those terms in Section 13960 of the Government
Code.
SEC. 205. Section 6241 of the Penal Code is amended to read:
6241. (a) The Substance Abuse Community Correctional Detention
Centers Fund is hereby created within the State Treasury. The Board
of Corrections is authorized to provide funds, as appropriated by the
Legislature, for the purpose of establishing substance abuse
community correctional detention centers. These facilities shall be
operated locally in order to manage parole violators, those select
individuals sentenced to state prison for short periods of time, and
other sentenced local offenders with a known history of substance
abuse, and as further defined by this chapter.
(b) The facilities constructed with funds disbursed pursuant to
this chapter in a county shall contain no less than 50 percent of
total beds for use by the Department of Corrections and
Rehabilitation.
(1) Upon agreement, the county and the department may negotiate
any other mix of state and local bed space, providing the state's
proportionate share shall not be less than 50 percent in the portion
of the facilities financed through state funding.
(2) Nothing in this chapter shall prohibit the county from using
county funds or nonrestricted jail bond funds to build and operate
additional facilities in conjunction with the centers provided for in
this chapter.
(c) Thirty million dollars ($30,000,000) in funds shall be
provided from the 1990 Prison Construction Fund and the 1990-B Prison
Construction Fund, with fifteen million dollars ($15,000,000) each
from the June 1990 bond issue and the November 1990 bond issue, for
construction purposes set forth in this chapter, provided that
funding is appropriated in the state budget from the June and
November 1990, prison bond issues for purposes of this chapter.
(d) Funds shall be awarded to counties based upon the following
policies and criteria:
(1) Priority shall be given to urban counties with populations of
450,000 or more, as determined by Department of Finance figures. The
board may allocate up to 10 percent of the funding to smaller
counties or combinations of counties as pilot projects, if it
concludes that proposals meet the requirements of this chapter,
commensurate with the facilities and programming that a smaller
county can provide.
(2) Upon application and submission of proposals by eligible
counties, representatives of the board shall evaluate proposals and
select recipients.
To help ensure that state-of-the-art drug rehabilitation and
related programs are designed, implemented, and updated under this
chapter, the board shall consult with not less than three authorities
recognized nationwide with experience or expertise in the design or
operation of successful programs in order to assist the board in all
of the following:
(A) Drawing up criteria on which requests for proposals will be
sought.
(B) Selecting proposals to be funded.
(C) Assisting the board in evaluation and operational problems of
the programs, if those services are approved by the board.
Funding also shall be sought by the board from the federal
government and private foundation sources in order to defray the
costs of the board's responsibilities under this chapter.
(3) Preference shall be given to counties that can demonstrate a
financial ability and commitment to operate the programs it is
proposing for a period of at least three years and to make
improvements as proposed by the department and the board.
(4) Applicants receiving awards under this chapter shall be
selected from among those deemed appropriate for funding according to
the criteria, policies, and procedures established by the board.
Criteria shall include success records of the types of programs
proposed based on nationwide standards for successful programs, if
available, expertise and hands-on experience of persons who will be
in charge of proposed programs, cost-effectiveness, including cost
per bed, speed of construction, a demonstrated ability to construct
the maximum number of beds which shall result in an overall net
increase in the number of beds in the county for state and local
offenders, comprehensiveness of services, location, participation by
private or community-based organizations, and demonstrated ability to
seek and obtain supplemental funding as required in support of the
overall administration of this facility from sources such as the
Department of Alcohol and Drug Programs, the California Emergency
Management Agency, the National Institute of Corrections, the
Department of Justice, and other state and federal sources.
(5) Funds disbursed under subdivision (c) shall be used for
construction of substance abuse community correctional centers, with
a level of security in each facility commensurate with public safety
for the types of offenders being housed in or utilizing the
facilities.
(6) Funds disbursed under this chapter shall not be used for the
purchase of the site. Sites shall be provided by the county. However,
a participating county may negotiate with the state for use of state
land at nearby corrections facilities or other state facilities,
provided that the locations fit in with the aims of the programs
established by this chapter.
The county shall be responsible for ensuring the siting,
acquisition, design, and construction of the center consistent with
the California Environmental Quality Act pursuant to Division 13
(commencing with Section 21000) of the Public Resources Code.
(7) Staff of the department and the board, as well as persons
selected by the board, shall be available to counties for
consultation and technical services in preparation and implementation
of proposals accepted by the board.
(8) The board also shall seek advice from the Department of
Alcohol and Drug Programs in exercising its responsibilities under
this chapter.
(9) Funds shall be made available to the county and county agency
which is selected to administer the program by the board of
supervisors of that county.
(10) Area of greatest need can be a factor considered in awarding
contracts to counties.
(11) Particular consideration shall be given to counties that can
demonstrate an ability to provide continuing counseling and
programming for offenders in programs established under this chapter,
once the offenders have completed the programs and have returned to
the community.
(12) A county may propose a variety of types and sizes of
facilities to meet the needs of its plan and to provide the services
for varying types of offenders to be served under this chapter. Funds
granted to a county may be utilized for construction of more than
one facility.
Any county wishing to use existing county-owned sites or
facilities may negotiate those arrangements with the Department of
Corrections and the Board of Corrections to meet the needs of its
plan.
SEC. 206. Section 11160 of the Penal Code is amended to read:
11160. (a) Any health practitioner employed in a health facility,
clinic, physician's office, local or state public health department,
or a clinic or other type of facility operated by a local or state
public health department who, in his or her professional capacity or
within the scope of his or her employment, provides medical services
for a physical condition to a patient whom he or she knows or
reasonably suspects is a person described as follows, shall
immediately make a report in accordance with subdivision (b):
(1) Any person suffering from any wound or other physical injury
inflicted by his or her own act or inflicted by another where the
injury is by means of a firearm.
(2) Any person suffering from any wound or other physical injury
inflicted upon the person where the injury is the result of
assaultive or abusive conduct.
(b) Any health practitioner employed in a health facility, clinic,
physician's office, local or state public health department, or a
clinic or other type of facility operated by a local or state public
health department shall make a report regarding persons described in
subdivision (a) to a local law enforcement agency as follows:
(1) A report by telephone shall be made immediately or as soon as
practically possible.
(2) A written report shall be prepared on the standard form
developed in compliance with paragraph (4) of this subdivision, and
Section 11160.2, and adopted by the California Emergency Management
Agency, or on a form developed and adopted by another state agency
that otherwise fulfills the requirements of the standard form. The
completed form shall be sent to a local law enforcement agency within
two working days of receiving the information regarding the person.
(3) A local law enforcement agency shall be notified and a written
report shall be prepared and sent pursuant to paragraphs (1) and (2)
even if the person who suffered the wound, other injury, or
assaultive or abusive conduct has expired, regardless of whether or
not the wound, other injury, or assaultive or abusive conduct was a
factor contributing to the death, and even if the evidence of the
conduct of the perpetrator of the wound, other injury, or assaultive
or abusive conduct was discovered during an autopsy.
(4) The report shall include, but shall not be limited to, the
following:
(A) The name of the injured person, if known.
(B) The injured person's whereabouts.
(C) The character and extent of the person's injuries.
(D) The identity of any person the injured person alleges
inflicted the wound, other injury, or assaultive or abusive conduct
upon the injured person.
(c) For the purposes of this section, "injury" shall not include
any psychological or physical condition brought about solely through
the voluntary administration of a narcotic or restricted dangerous
drug.
(d) For the purposes of this section, "assaultive or abusive
conduct" shall include any of the following offenses:
(1) Murder, in violation of Section 187.
(2) Manslaughter, in violation of Section 192 or 192.5.
(3) Mayhem, in violation of Section 203.
(4) Aggravated mayhem, in violation of Section 205.
(5) Torture, in violation of Section 206.
(6) Assault with intent to commit mayhem, rape, sodomy, or oral
copulation, in violation of Section 220.
(7) Administering controlled substances or anesthetic to aid in
commission of a felony, in violation of Section 222.
(8) Battery, in violation of Section 242.
(9) Sexual battery, in violation of Section 243.4.
(10) Incest, in violation of Section 285.
(11) Throwing any vitriol, corrosive acid, or caustic chemical
with intent to injure or disfigure, in violation of Section 244.
(12) Assault with a stun gun or taser, in violation of Section
244.5.
(13) Assault with a deadly weapon, firearm, assault weapon, or
machinegun, or by means likely to produce great bodily injury, in
violation of Section 245.
(14) Rape, in violation of Section 261.
(15) Spousal rape, in violation of Section 262.
(16) Procuring any female to have sex with another man, in
violation of Section 266, 266a, 266b, or 266c.
(17) Child abuse or endangerment, in violation of Section 273a or
273d.
(18) Abuse of spouse or cohabitant, in violation of Section 273.5.
(19) Sodomy, in violation of Section 286.
(20) Lewd and lascivious acts with a child, in violation of
Section 288.
(21) Oral copulation, in violation of Section 288a.
(22) Sexual penetration, in violation of Section 289.
(23) Elder abuse, in violation of Section 368.
(24) An attempt to commit any crime specified in paragraphs (1) to
(23), inclusive.
(e) When two or more persons who are required to report are
present and jointly have knowledge of a known or suspected instance
of violence that is required to be reported pursuant to this section,
and when there is an agreement among these persons to report as a
team, the team may select by mutual agreement a member of the team to
make a report by telephone and a single written report, as required
by subdivision (b). The written report shall be signed by the
selected member of the reporting team. Any member who has knowledge
that the member designated to report has failed to do so shall
thereafter make the report.
(f) The reporting duties under this section are individual, except
as provided in subdivision (e).
(g) No supervisor or administrator shall impede or inhibit the
reporting duties required under this section and no person making a
report pursuant to this section shall be subject to any sanction for
making the report. However, internal procedures to facilitate
reporting and apprise supervisors and administrators of reports may
be established, except that these procedures shall not be
inconsistent with this article. The internal procedures shall not
require any employee required to make a report under this article to
disclose his or her identity to the employer.
(h) For the purposes of this section, it is the Legislature's
intent to avoid duplication of information.
SEC. 207. Section 11160.1 of the Penal Code is amended to read:
11160.1. (a) Any health practitioner employed in any health
facility, clinic, physician's office, local or state public health
department, or a clinic or other type of facility operated by a local
or state public health department who, in his or her professional
capacity or within the scope of his or her employment, performs a
forensic medical examination on any person in the custody of law
enforcement from whom evidence is sought in connection with the
commission or investigation of a crime of sexual assault, as
described in subdivision (d) of Section 11160, shall prepare a
written report. The report shall be on
a standard form developed by, or at the direction of,
the California Emergency Management Agency, and shall be immediately
provided to the law enforcement agency who has custody of the
individual examined.
(b) The examination and report is subject to the confidentiality
requirements of the Confidentiality of Medical Information Act
(Chapter 1 (commencing with Section 56) of Part 2.6 of Division 1 of
the Civil Code), the physician-patient privilege pursuant to Article
6 (commencing with Section 990) of Chapter 4 of Division 8 of the
Evidence Code, and the privilege of official information pursuant to
Article 9 (commencing with Section 1040) of Chapter 4 of Division 8
of the Evidence Code.
(c) The report shall be released upon request, oral or written, to
any person or agency involved in any related investigation or
prosecution of a criminal case, including, but not limited to, a law
enforcement officer, district attorney, city attorney, crime
laboratory, county licensing agency, or coroner. The report may be
released to defense counsel or another third party only through
discovery of documents in the possession of a prosecuting agency or
following the issuance of a lawful court order authorizing the
release of the report.
(d) A health practitioner who makes a report in accordance with
this section shall not incur civil or criminal liability. No person,
agency, or their designee required or authorized to report pursuant
to this section who takes photographs of a person suspected of being
a person subject to a forensic medical examination as described in
this section shall incur any civil or criminal liability for taking
the photographs, causing the photographs to be taken, or
disseminating the photographs to a law enforcement officer, district
attorney, city attorney, crime laboratory, county licensing agency,
or coroner with the reports required in accordance with this section.
However, this subdivision shall not be deemed to grant immunity from
civil or criminal liability with respect to any other use of the
photographs.
(e) Section 11162 does not apply to this section.
(f) With the exception of any health practitioner who has entered
into a contractual agreement to perform forensic medical
examinations, no health practitioner shall be required to perform a
forensic medical examination as part of his or her duties as a health
practitioner.
SEC. 208. Section 11161.2 of the Penal Code is amended to read:
11161.2. (a) The Legislature finds and declares that adequate
protection of victims of domestic violence and elder and dependent
adult abuse has been hampered by lack of consistent and comprehensive
medical examinations. Enhancing examination procedures,
documentation, and evidence collection will improve investigation and
prosecution efforts.
(b) The California Emergency Management Agency shall, in
cooperation with the State Department of Health Services, the
Department of Aging and the ombudsman program, the State Department
of Social Services, law enforcement agencies, the Department of
Justice, the California Association of Crime Lab Directors, the
California District Attorneys Association, the California State
Sheriffs' Association, the California Medical Association, the
California Police Chiefs' Association, domestic violence advocates,
the California Medical Training Center, adult protective services,
and other appropriate experts:
(1) Establish medical forensic forms, instructions, and
examination protocol for victims of domestic violence and elder and
dependent adult abuse and neglect using as a model the form and
guidelines developed pursuant to Section 13823.5. The form should
include, but not be limited to, a place for a notation concerning
each of the following:
(A) Notification of injuries and a report of suspected domestic
violence or elder or dependent adult abuse and neglect to law
enforcement authorities, Adult Protective Services, or the State
Long-Term Care Ombudsmen, in accordance with existing reporting
procedures.
(B) Obtaining consent for the examination, treatment of injuries,
collection of evidence, and photographing of injuries. Consent to
treatment shall be obtained in accordance with the usual hospital
policy. A victim shall be informed that he or she may refuse to
consent to an examination for evidence of domestic violence and elder
and dependent adult abuse and neglect, including the collection of
physical evidence, but that refusal is not a ground for denial of
treatment of injuries and disease, if the person wishes to obtain
treatment and consents thereto.
(C) Taking a patient history of domestic violence or elder or
dependent adult abuse and neglect and other relevant medical history.
(D) Performance of the physical examination for evidence of
domestic violence or elder or dependent adult abuse and neglect.
(E) Collection of physical evidence of domestic violence or elder
or dependent adult abuse.
(F) Collection of other medical and forensic specimens, as
indicated.
(G) Procedures for the preservation and disposition of evidence.
(H) Complete documentation of medical forensic exam findings.
(2) Determine whether it is appropriate and forensically sound to
develop separate or joint forms for documentation of medical forensic
findings for victims of domestic violence and elder and dependent
adult abuse and neglect.
(3) The forms shall become part of the patient's medical record
pursuant to guidelines established by the agency or agencies
designated by the California Emergency Management Agency advisory
committee and subject to the confidentiality laws pertaining to
release of medical forensic examination records.
(c) The forms shall be made accessible for use on the Internet.
SEC. 209. Section 11171 of the Penal Code is amended to read:
11171. (a) (1) The Legislature hereby finds and declares that
adequate protection of victims of child physical abuse or neglect has
been hampered by the lack of consistent and comprehensive medical
examinations.
(2) Enhancing examination procedures, documentation, and evidence
collection relating to child abuse or neglect will improve the
investigation and prosecution of child abuse or neglect as well as
other child protection efforts.
(b) The California Emergency Management Agency shall, in
cooperation with the State Department of Social Services, the
Department of Justice, the California Association of Crime Lab
Directors, the California District Attorneys Association, the
California State Sheriffs' Association, the California Peace Officers
Association, the California Medical Association, the California
Police Chiefs' Association, child advocates, the California Medical
Training Center, child protective services, and other appropriate
experts, establish medical forensic forms, instructions, and
examination protocols for victims of child physical abuse or neglect
using as a model the form and guidelines developed pursuant to
Section 13823.5.
(c) The forms shall include, but not be limited to, a place for
notation concerning each of the following:
(1) Any notification of injuries or any report of suspected child
physical abuse or neglect to law enforcement authorities or children'
s protective services, in accordance with existing reporting
procedures.
(2) Addressing relevant consent issues, if indicated.
(3) The taking of a patient history of child physical abuse or
neglect that includes other relevant medical history.
(4) The performance of a physical examination for evidence of
child physical abuse or neglect.
(5) The collection or documentation of any physical evidence of
child physical abuse or neglect, including any recommended
photographic procedures.
(6) The collection of other medical or forensic specimens,
including drug ingestion or toxication, as indicated.
(7) Procedures for the preservation and disposition of evidence.
(8) Complete documentation of medical forensic exam findings with
recommendations for diagnostic studies, including blood tests and
X-rays.
(9) An assessment as to whether there are findings that indicate
physical abuse or neglect.
(d) The forms shall become part of the patient's medical record
pursuant to guidelines established by the advisory committee of the
California Emergency Management Agency and subject to the
confidentiality laws pertaining to the release of medical forensic
examination records.
(e) The forms shall be made accessible for use on the Internet.
SEC. 210. Section 11174.34 of the Penal Code is amended to read:
11174.34. (a) (1) The purpose of this section shall be to
coordinate and integrate state and local efforts to address fatal
child abuse or neglect, and to create a body of information to
prevent child deaths.
(2) It is the intent of the Legislature that the California State
Child Death Review Council, the Department of Justice, the State
Department of Social Services, the State Department of Health
Services, and state and local child death review teams shall share
data and other information necessary from the Department of Justice
Child Abuse Central Index and Supplemental Homicide File, the State
Department of Health Services Vital Statistics and the Department of
Social Services Child Welfare Services/Case Management System files
to establish accurate information on the nature and extent of child
abuse- or neglect-related fatalities in California as those documents
relate to child fatality cases. Further, it is the intent of the
Legislature to ensure that records of child abuse- or neglect-related
fatalities are entered into the State Department of Social Services,
Child Welfare Services/Case Management System. It is also the intent
that training and technical assistance be provided to child death
review teams and professionals in the child protection system
regarding multiagency case review.
(b) (1) It shall be the duty of the California State Child Death
Review Council to oversee the statewide coordination and integration
of state and local efforts to address fatal child abuse or neglect
and to create a body of information to prevent child deaths. The
Department of Justice, the State Department of Social Services, the
State Department of Health Services, the California Coroner's
Association, the County Welfare Directors Association, Prevent Child
Abuse California, the California Homicide Investigators Association,
the California Emergency Management Agency, the Inter-Agency Council
on Child Abuse and Neglect/National Center on Child Fatality Review,
the California Conference of Local Health Officers, the California
Conference of Local Directors of Maternal, Child, and Adolescent
Health, the California Conference of Local Health Department Nursing
Directors, the California District Attorneys Association, and at
least three regional representatives, chosen by the other members of
the council, working collaboratively for the purposes of this
section, shall be known as the California State Child Death Review
Council. The council shall select a chairperson or cochairpersons
from the members.
(2) The Department of Justice is hereby authorized to carry out
the purposes of this section by coordinating council activities and
working collaboratively with the agencies and organizations in
paragraph (1), and may consult with other representatives of other
agencies and private organizations, to help accomplish the purpose of
this section.
(c) Meetings of the agencies and organizations involved shall be
convened by a representative of the Department of Justice. All
meetings convened between the Department of Justice and any
organizations required to carry out the purpose of this section shall
take place in this state. There shall be a minimum of four meetings
per calendar year.
(d) To accomplish the purpose of this section, the Department of
Justice and agencies and organizations involved shall engage in the
following activities:
(1) Analyze and interpret state and local data on child death in
an annual report to be submitted to local child death review teams
with copies to the Governor and the Legislature, no later than July 1
each year. Copies of the report shall also be distributed to public
officials in the state who deal with child abuse issues and to those
agencies responsible for child death investigation in each county.
The report shall contain, but not be limited to, information provided
by state agencies and the county child death review teams for the
preceding year.
The state data shall include the Department of Justice Child Abuse
Central Index and Supplemental Homicide File, the State Department
of Health Services Vital Statistics, and the State Department of
Social Services Child Welfare Services/Case Management System.
(2) In conjunction with the California Emergency Management
Agency, coordinate statewide and local training for county death
review teams and the members of the teams, including, but not limited
to, training in the application of the interagency child death
investigation protocols and procedures established under Sections
11166.7 and 11166.8 to identify child deaths associated with abuse or
neglect.
(e) The State Department of Health Services, in collaboration with
the California State Child Death Review Council, shall design, test
and implement a statewide child abuse or neglect fatality tracking
system incorporating information collected by local child death
review teams. The department shall:
(1) Establish a minimum case selection criteria and review
protocols of local child death review teams.
(2) Develop a standard child death review form with a minimum core
set of data elements to be used by local child death review teams,
and collect and analyze that data.
(3) Establish procedural safeguards in order to maintain
appropriate confidentiality and integrity of the data.
(4) Conduct annual reviews to reconcile data reported to the State
Department of Health Services Vital Statistics, Department of
Justice Homicide Files and Child Abuse Central Index, and the State
Department of Social Services Child Welfare Services/Case Management
System data systems, with data provided from local child death review
teams.
(5) Provide technical assistance to local child death review teams
in implementing and maintaining the tracking system.
(6) This subdivision shall become operative on July 1, 2000, and
shall be implemented only to the extent that funds are appropriated
for its purposes in the Budget Act.
(f) Local child death review teams shall participate in a
statewide child abuse or neglect fatalities monitoring system by:
(1) Meeting the minimum standard protocols set forth by the State
Department of Health Services in collaboration with the California
State Child Death Review Council.
(2) Using the standard data form to submit information on child
abuse or neglect fatalities in a timely manner established by the
State Department of Health Services.
(g) The California State Child Death Review Council shall monitor
the implementation of the monitoring system and incorporate the
results and findings of the system and review into an annual report.
(h) The Department of Justice shall direct the creation,
maintenance, updating, and distribution electronically and by paper,
of a statewide child death review team directory, which shall contain
the names of the members of the agencies and private organizations
participating under this section, and the members of local child
death review teams and local liaisons to those teams. The department
shall work in collaboration with members of the California State
Child Death Review Council to develop a directory of professional
experts, resources, and information from relevant agencies and
organizations and local child death review teams, and to facilitate
regional working relationships among teams. The Department of Justice
shall maintain and update these directories annually.
(i) The agencies or private organizations participating under this
section shall participate without reimbursement from the state.
Costs incurred by participants for travel or per diem shall be borne
by the participant agency or organization. The participants shall be
responsible for collecting and compiling information to be included
in the annual report. The Department of Justice shall be responsible
for printing and distributing the annual report using available funds
and existing resources.
(j) The California Emergency Management Agency, in coordination
with the State Department of Social Services, the Department of
Justice, and the California State Child Death Review Council shall
contract with state or nationally recognized organizations in the
area of child death review to conduct statewide training and
technical assistance for local child death review teams and relevant
organizations, develop standardized definitions for fatal child abuse
or neglect, develop protocols for the investigation of fatal child
abuse or neglect, and address relevant issues such as grief and
mourning, data collection, training for medical personnel in the
identification of child abuse or neglect fatalities, domestic
violence fatality review, and other related topics and programs. The
provisions of this subdivision shall only be implemented to the
extent that the agency can absorb the costs of implementation within
its current funding, or to the extent that funds are appropriated for
its purposes in the Budget Act.
(k) Law enforcement and child welfare agencies shall cross-report
all cases of child death suspected to be related to child abuse or
neglect whether or not the deceased child has any known surviving
siblings.
( l ) County child welfare agencies shall create a
record in the Child Welfare Services/Case Management System (CWS/CMS)
on all cases of child death suspected to be related to child abuse
or neglect, whether or not the deceased child has any known surviving
siblings. Upon notification that the death was determined not to be
related to child abuse or neglect, the child welfare agency shall
enter that information into the Child Welfare Services/Case
Management System.
SEC. 211. Section 11501 of the Penal Code is amended to read:
11501. (a) There is hereby established in the California
Emergency Management Agency, a program of financial assistance to
provide for statewide programs of education, training, and research
for local public prosecutors and public defenders. All funds made
available to the agency for the purposes of this chapter shall be
administered and distributed by the secretary of the agency.
(b) The Secretary of Emergency Management is authorized to
allocate and award funds to public agencies or private nonprofit
organizations for purposes of establishing statewide programs of
education, training, and research for public prosecutors and public
defenders, which programs meet criteria established pursuant to
Section 11502.
(c) Annually, the secretary shall submit a report to the
Legislature describing the operation and accomplishments of the
statewide programs authorized by this title.
SEC. 212. Section 11502 of the Penal Code is amended to read:
11502. (a) Criteria for selection of education, training, and
research programs for local public prosecutors and public defenders
shall be developed by the California Emergency Management Agency in
consultation with an advisory group entitled the Prosecutors and
Public Defenders Education and Training Advisory Committee.
(b) The Prosecutors and Public Defenders Education and Training
Advisory Committee shall be composed of six local public prosecutors
and six local public defender representatives, all of whom are
appointed by the Secretary of Emergency Management, who shall provide
staff services to the advisory committee. In appointing the members
of the committee, the secretary shall invite the Attorney General,
the State Public Defender, the Speaker of the Assembly, and the
Senate President pro Tempore to participate as ex officio members of
the committee.
(c) The California Emergency Management Agency, in consultation
with the advisory committee, shall develop specific guidelines
including criteria for selection of organizations to provide
education, training, and research services.
(d) In determining the equitable allocation of funds between
prosecution and defense functions, the California Emergency
Management Agency and the advisory committee shall give consideration
to the amount of local government expenditures on a statewide basis
for the support of those functions.
(e) The administration of the overall program shall be performed
by the California Emergency Management Agency. The agency may, out of
any appropriation for this program, expend an amount not to exceed
7.5 percent for any fiscal year for those purposes.
(f) No funds appropriated pursuant to this title shall be used to
support a legislative advocate.
(g) To the extent necessary to meet the requirements of the State
Bar of California relating to certification of training for legal
specialists, the executive director shall ensure that, where
appropriate, all programs funded under this title are open to all
members of the State Bar of California. The program guidelines
established pursuant to subdivision (c) shall provide for the
reimbursement of costs for all participants deemed eligible by the
California Emergency Management Agency, in conjunction with the Legal
Training Advisory Committee, by means of course attendance.
SEC. 213. Section 11504 of the Penal Code is amended to read:
11504. To the extent funds are appropriated from the Assessment
Fund to the Local Public Prosecutors and Public Defenders Training
Fund established pursuant to Section 11503, the California Emergency
Management Agency shall allocate financial resources for statewide
programs of education, training, and research for local public
prosecutors and public defenders.
SEC. 214. Section 13100.1 of the Penal Code is amended to read:
13100.1. (a) The Attorney General shall appoint an advisory
committee to the California-Criminal Index and Identification
(Cal-CII) system to assist in the ongoing management of the system
with respect to operating policies, criminal records content, and
records retention. The committee shall serve at the pleasure of the
Attorney General, without compensation, except for reimbursement of
necessary expenses.
(b) The committee shall consist of the following representatives:
(1) One representative from the California Police Chiefs'
Association.
(2) One representative from the California Peace Officers'
Association.
(3) Three representatives from the California State Sheriffs'
Association.
(4) One trial judge appointed by the Judicial Council.
(5) One representative from the California DistrictAttorneys
Association.
(6) One representative from the California Court Clerks'
Association.
(7) One representative from the California Emergency Management
Agency.
(8) One representative from the Chief Probation Officers'
Association.
(9) One representative from the Department of Corrections and
Rehabilitation.
(10) One representative from the Department of the California
Highway Patrol.
(11) One member of the public, appointed by the Senate Committee
on Rules, who is knowledgeable and experienced in the process of
utilizing background clearances.
(12) One member of the public, appointed by the Speaker of the
Assembly, who is knowledgeable and experienced in the process of
utilizing background clearances.
SEC. 215. Section 13800 of the Penal Code is amended to read:
13800. Unless otherwise required by context, as used in this
title:
(a) "Agency" means the California Emergency Management Agency.
(b) "Council" means the California Council on Criminal Justice.
(c) "Federal acts" means the Federal Omnibus Crime Control and
Safe Streets Act of 1968, the Federal Juvenile Delinquency Prevention
and Control Act of 1968, and any act or acts amendatory or
supplemental thereto.
(d) "Local boards" means local criminal justice planning boards.
(e) "Secretary" means the Secretary of Emergency Management.
SEC. 216. The heading of Chapter 3 (commencing with Section 13820)
of Title 6 of Part 4 of the Penal Code is amended to read:
CHAPTER 3. CRIMINAL JUSTICE PLANNING
SEC. 217. Section 13820 of the Penal Code is amended to read:
13820. (a) The Office of Criminal Justice Planning is hereby
abolished. The duties and obligations of that office, and all powers
and authority formerly exercised by that office, shall be transferred
to and assumed by the agency.
(b) Except for this section, the phrase "Office of Criminal
Justice Planning" or any reference to that phrase in this code shall
be construed to mean or refer to the agency. Any reference to the
executive director of the Office of Criminal Justice Planning in this
code shall be construed to mean the secretary.
SEC. 218. Section 13823 of the Penal Code is amended to read:
13823. (a) In cooperation with local boards, the agency shall:
(1) Develop with the advice and approval of the council, the
comprehensive statewide plan for the improvement of criminal justice
and delinquency prevention activity throughout the state.
(2) Define, develop, and correlate programs and projects for the
state criminal justice agencies.
(3) Receive and disburse federal funds, perform all necessary and
appropriate staff services required by the council, and otherwise
assist the council in the performance of its duties as established by
federal acts.
(4) Develop comprehensive, unified, and orderly procedures to
ensure that all local plans and all state and local projects are in
accord with the comprehensive state plan, and that all applications
for grants are processed efficiently.
(5) Cooperate with and render technical assistance to the
Legislature, state agencies, units of general local government,
combinations of those units, or other public or private agencies,
organizations, or institutions in matters relating to criminal
justice and delinquency prevention.
(6) Conduct evaluation studies of the programs and activities
assisted by the federal acts.
(b) The agency may:
(1) Collect, evaluate, publish, and disseminate statistics and
other information on the condition and progress of criminal justice
in the state.
(2) Perform other functions and duties as required by federal
acts, rules, regulations, or guidelines in acting as the
administrative office of the state planning agency for distribution
of federal grants.
SEC. 219. Section 13823.2 of the Penal Code is amended to read:
13823.2. (a) The Legislature hereby
finds and declares all of the following:
(1) That violent and serious crimes are being committed against
the elderly on an alarmingly regular basis.
(2) That in 1985, the United States Department of Justice reported
that approximately 1 in every 10 elderly households in the nation
would be touched by crime.
(3) That the California Department of Justice, based upon limited
data received from local law enforcement agencies, reported that
approximately 10,000 violent crimes were committed against elderly
victims in 1985.
(4) That while the elderly may not be the most frequent targets of
crime, when they are victimized the impact of each vicious attack
has long-lasting effects. Injuries involving, for example, a broken
hip may never heal properly and often leave the victim physically
impaired. The loss of money used for food and other daily living
expenses for these costs may be life-threatening for the older
citizen on a fixed income. In addition, stolen or damaged property
often cannot be replaced.
(5) Although the State of California currently funds programs to
provide assistance to victims of crime and to provide general crime
prevention information, there are limited specialized efforts to
respond directly to the needs of elderly victims or to provide
prevention services tailored for the senior population.
(b) It is the intent of the Legislature that victim services,
crime prevention, and criminal justice training programs funded by
the agency shall include, consistent with available resources,
specialized components that respond to the diverse needs of elderly
citizens residing in the state.
SEC. 220. Section 13823.3 of the Penal Code is amended to read:
13823.3. The agency may expend funds for local domestic violence
programs, subject to the availability of funds therefor.
SEC. 221. Section 13823.4 of the Penal Code is amended to read:
13823.4. (a) The Legislature finds the problem of family violence
to be of serious and increasing magnitude. The Legislature also
finds that acts of family violence often result in other crimes and
social problems.
(b) There is in the agency, a Family Violence Prevention Program.
This program shall provide financial and technical assistance to
local domestic and family violence centers in implementing family
violence prevention programs.
The goals and functions of the program shall include all of the
following:
(1) Promotion of community involvement through public education
geared specifically toward reaching and educating the friends and
neighbors of members of violent families.
(2) Development and dissemination of model protocols for the
training of criminal justice system personnel in domestic violence
intervention and prevention.
(3) Increasing citizen involvement in family violence prevention.
(4) Identification and testing of family violence prevention
models.
(5) Replication of successful models, as appropriate, through the
state.
(6) Identification and testing of domestic violence model
protocols and intervention systems in major service delivery
institutions.
(7) Development of informational materials and seminars to enable
emulation or adaptation of the models by other communities.
(8) Provision of domestic violence prevention education and skills
to students in schools.
(c) The secretary shall allocate funds to local centers meeting
the criteria for funding that shall be established by the agency in
consultation with practitioners and experts in the field of family
violence prevention. All centers receiving funds pursuant to this
section shall have had an ongoing recognized program, supported by
either public or private funds, dealing with an aspect of family
violence, for at least two years prior to the date specified for
submission of applications for funding pursuant to this section. All
centers funded pursuant to this section shall utilize volunteers to
the greatest extent possible.
The centers may seek, receive, and make use of any funds which may
be available from all public and private sources to augment any
state funds received pursuant to this section. Sixty percent of the
state funds received pursuant to this section shall be used to
develop and implement model program protocols and materials. Forty
percent of the state funds received pursuant to this section shall be
allocated to programs to disseminate model program protocols and
materials. Dissemination shall include training for domestic violence
agencies in California. Each of the programs funded under this
section shall focus on no more than two targeted areas. These
targeted model areas shall be determined by the agency in
consultation with practitioners and experts in the field of domestic
violence, using the domestic violence model priorities survey of the
California Alliance Against Domestic Violence.
Centers receiving funding shall provide matching funds of at least
10 percent of the funds received pursuant to this section.
(d) The agency shall develop and disseminate throughout the state
information and materials concerning family violence prevention,
including, but not limited to, a procedures manual on prevention
models. The agency shall also establish a resource center for the
collection, retention, and distribution of educational materials
related to family violence and its prevention.
SEC. 222. Section 13823.5 of the Penal Code is amended to read:
13823.5. (a) The agency, with the assistance of the advisory
committee established pursuant to Section 13836, shall establish a
protocol for the examination and treatment of victims of sexual
assault and attempted sexual assault, including child molestation,
and the collection and preservation of evidence therefrom. The
protocol shall contain recommended methods for meeting the standards
specified in Section 13823.11.
(b) In addition to the protocol, the agency shall develop
informational guidelines, containing general reference information on
evidence collection and examination of victims of, and psychological
and medical treatment for victims of, sexual assault and attempted
sexual assault, including child molestation.
In developing the protocol and the informational guidelines, the
agency and the advisory committee shall seek the assistance and
guidance of organizations assisting victims of sexual assault;
qualified health care professionals, criminalists, and administrators
who are familiar with emergency room procedures; victims of sexual
assault; and law enforcement officials.
(c) The agency, in cooperation with the State Department of Health
Services and the Department of Justice, shall adopt a standard and a
complete form or forms for the recording of medical and physical
evidence data disclosed by a victim of sexual assault or attempted
sexual assault, including child molestation.
Each qualified health care professional who conducts an
examination for evidence of a sexual assault or an attempted sexual
assault, including child molestation, shall use the standard form or
forms adopted pursuant to this section, and shall make those
observations and perform those tests as may be required for recording
of the data required by the form. The forms shall be subject to the
same principles of confidentiality applicable to other medical
records.
The agency shall make copies of the standard form or forms
available to every public or private general acute care hospital, as
requested.
The standard form shall be used to satisfy the reporting
requirements specified in Sections 11160 and 11161 in cases of sexual
assault, and may be used in lieu of the form specified in Section
11168 for reports of child abuse.
(d) The agency shall distribute copies of the protocol and the
informational guidelines to every general acute care hospital, law
enforcement agency, and prosecutor's office in the state.
(e) As used in this chapter, "qualified health care professional"
means a physician and surgeon currently licensed pursuant to Chapter
5 (commencing with Section 2000) of Division 2 of the Business and
Professions Code, or a nurse currently licensed pursuant to Chapter 6
(commencing with Section 2700) of Division 2 of the Business and
Professions Code and working in consultation with a physician and
surgeon who conducts examinations or provides treatment as described
in Section 13823.9 in a general acute care hospital or in a physician
and surgeon's office.
SEC. 223. Section 13823.6 of the Penal Code is amended to read:
13823.6. The agency may secure grants, donations, or other
funding for the purpose of funding any statewide task force on sexual
assault of children that may be established and administered by the
Department of Justice.
SEC. 224. Section 13823.9 of the Penal Code is amended to read:
13823.9. (a) Every public or private general acute care hospital
that examines a victim of sexual assault or attempted sexual assault,
including child molestation, shall comply with the standards
specified in Section 13823.11 and the protocol and guidelines adopted
pursuant to Section 13823.5.
(b) Each county with a population of more than 100,000 shall
arrange that professional personnel trained in the examination of
victims of sexual assault, including child molestation, shall be
present or on call either in the county hospital which provides
emergency medical services or in any general acute care hospital
which has contracted with the county to provide emergency medical
services. In counties with a population of 1,000,000 or more, the
presence of these professional personnel shall be arranged in at
least one general acute care hospital for each 1,000,000 persons in
the county.
(c) Each county shall designate at least one general acute care
hospital to perform examinations on victims of sexual assault,
including child molestation.
(d) (1) The protocol published by the agency shall be used as a
guide for the procedures to be used by every public or private
general acute care hospital in the state for the examination and
treatment of victims of sexual assault and attempted sexual assault,
including child molestation, and the collection and preservation of
evidence therefrom.
(2) The informational guide developed by the agency shall be
consulted where indicated in the protocol, as well as to gain
knowledge about all aspects of examination and treatment of victims
of sexual assault and child molestation.
SEC. 225. Section 13823.93 of the Penal Code is amended to read:
13823.93. (a) For purposes of this section, the following
definitions apply:
(1) "Medical personnel" includes physicians, nurse practitioners,
physician assistants, nurses, and other health care providers, as
appropriate.
(2) To "perform a medical evidentiary examination" means to
evaluate, collect, preserve, and document evidence, interpret
findings, and document examination results.
(b) To ensure the delivery of standardized curriculum, essential
for consistent examination procedures throughout the state, one
hospital-based training center shall be established through a
competitive bidding process, to train medical personnel on how to
perform medical evidentiary examinations for victims of child abuse
or neglect, sexual assault, domestic violence, elder abuse, and abuse
or assault perpetrated against persons with disabilities. The center
also shall provide training for investigative and court personnel
involved in dependency and criminal proceedings, on how to interpret
the findings of medical evidentiary examinations.
The training provided by the training center shall be made
available to medical personnel, law enforcement, and the courts
throughout the state.
(c) The training center shall meet all of the following criteria:
(1) Recognized expertise and experience in providing medical
evidentiary examinations for victims of child abuse or neglect,
sexual assault, domestic violence, elder abuse, and abuse or assault
perpetrated against persons with disabilities.
(2) Recognized expertise and experience implementing the protocol
established pursuant to Section 13823.5.
(3) History of providing training, including, but not limited to,
the clinical supervision of trainees and the evaluation of clinical
competency.
(4) Recognized expertise and experience in the use of advanced
medical technology and training in the evaluation of victims of child
abuse or neglect, sexual assault, domestic violence, elder abuse,
and abuse or assault perpetrated against persons with disabilities.
(5) Significant history in working with professionals in the field
of criminalistics.
(6) Established relationships with local crime laboratories,
clinical laboratories, law enforcement agencies, district attorneys'
offices, child protective services, victim advocacy programs, and
federal investigative agencies.
(7) The capacity for developing a telecommunication network
between primary, secondary, and tertiary medical providers.
(8) History of leadership in working collaboratively with medical
forensic experts, criminal justice experts, investigative social
worker experts, state criminal justice, social services, health and
mental health agencies, and statewide professional associations
representing the various disciplines, especially those specified in
paragraph (6) of subdivision (d).
(9) History of leadership in working collaboratively with state
and local victim advocacy organizations, especially those addressing
sexual assault and domestic violence.
(10) History and experience in the development and delivery of
standardized curriculum for forensic medical experts, criminal
justice professionals, and investigative social workers.
(11) History of research, particularly involving databases, in the
area of child physical and sexual abuse, sexual assault, elder
abuse, or domestic violence.
(d) The training center shall do all of the following:
(1) Develop and implement a standardized training program for
medical personnel that has been reviewed and approved by a
multidisciplinary peer review committee.
(2) Develop a telecommunication system network between the
training center and other areas of the state, including rural and
midsized counties. This service shall provide case consultation to
medical personnel, law enforcement, and the courts and provide
continuing medical education.
(3) Provide ongoing basic, advanced, and specialized training
programs.
(4) Develop guidelines for the reporting and management of child
physical abuse and neglect, domestic violence, and elder abuse.
(5) Develop guidelines for evaluating the results of training for
the medical personnel performing examinations.
(6) Provide standardized training for law enforcement officers,
district attorneys, public defenders, investigative social workers,
and judges on medical evidentiary examination procedures and the
interpretation of findings. This training shall be developed and
implemented in collaboration with the Peace Officer Standards and
Training Program, the California District Attorneys Association, the
California Peace Officers Association, the California Police Chiefs
Association, the California State Sheriffs' Association, the
California Association of Crime Laboratory Directors, the California
Sexual Assault Investigators Association, the California Alliance
Against Domestic Violence, the Statewide California Coalition for
Battered Women, the Family Violence Prevention Fund, child victim
advocacy organizations, the California Welfare Directors Association,
the California Coalition Against Sexual Assault, the Department of
Justice, the agency, the Child Welfare Training Program, and the
University of California extension programs.
(7) Promote an interdisciplinary approach in the assessment and
management of child abuse and neglect, sexual assault, elder abuse,
domestic violence, and abuse or assault against persons with
disabilities.
(8) Provide training in the dynamics of victimization, including,
but not limited to, rape trauma syndrome, intimate partner battering
and its effects, the effects of child abuse and neglect, and the
various aspects of elder abuse. This training shall be provided by
individuals who are recognized as experts within their respective
disciplines.
(e) Nothing in this section shall be construed to change the scope
of practice for any health care provider, as defined in other
provisions of law.
SEC. 226. Section 13823.12 of the Penal Code is amended to read:
13823.12. Failure to comply fully with Section 13823.11 or with
the protocol or guidelines, or to utilize the form established by the
agency, shall not constitute grounds to exclude evidence, nor shall
the court instruct or comment to the trier of fact in any case that
less weight may be given to the evidence based on the failure to
comply.
SEC. 227. Section 13823.13 of the Penal Code is amended to read:
13823.13. (a) The agency shall develop a course of training for
qualified health care professionals relating to the examination and
treatment of victims of sexual assault. In developing the curriculum
for the course, the agency shall consult with health care
professionals and appropriate law enforcement agencies. The agency
shall also obtain recommendations from the same health care
professionals and appropriate law enforcement agencies on the best
means to disseminate the course of training on a statewide basis.
(b) The training course developed pursuant to subdivision (a)
shall be designed to train qualified health care professionals to do
all of the following:
(1) Perform a health assessment of victims of sexual assault in
accordance with any applicable minimum standards set forth in Section
13823.11.
(2) Collect and document physical and laboratory evidence in
accordance with any applicable minimum standards set forth in Section
13823.11.
(3) Provide information and referrals to victims of sexual assault
to enhance the continuity of care of victims.
(4) Present testimony in court.
(c) As used in this section, "qualified health care professional"
means a physician and surgeon currently licensed pursuant to Chapter
5 (commencing with Section 2000) of Division 2 of the Business and
Professions Code, or a nurse currently licensed pursuant to Chapter 6
(commencing with Section 2700) of Division 2 of the Business and
Professions Code who works in consultation with a physician and
surgeon or who conducts examinations described in Section 13823.9 in
a general acute care hospital or in the office of a physician and
surgeon.
(d) As used in this section, "appropriate law enforcement agencies"
may include, but shall not be limited to, the Attorney General of
the State of California, any district attorney, and any agency of the
State of California expressly authorized by statute to investigate
or prosecute law violators.
SEC. 228. Section 13825 of the Penal Code is amended to read:
13825. The State Graffiti Clearinghouse is hereby created in the
agency. The State Graffiti Clearinghouse shall do all of the
following, subject to federal funding:
(a) Assess and estimate the present costs to state and local
agencies for graffiti abatement.
(b) Award grants to state and local agencies that have
demonstrated implementation of effective graffiti reduction and
abatement programs.
(c) Receive and disburse funds to effectuate the purposes of the
clearinghouse.
SEC. 229. Section 13826.1 of the Penal Code is amended to read:
13826.1. (a) There is hereby established in the agency, the Gang
Violence Suppression Program, a program of financial and technical
assistance for district attorneys' offices, local law enforcement
agencies, county probation departments, school districts, county
offices of education, or any consortium thereof, and community-based
organizations which are primarily engaged in the suppression of gang
violence. All funds appropriated to the agency for the purposes of
this chapter shall be administered and disbursed by the secretary in
consultation with the California Council on Criminal Justice, and
shall to the greatest extent feasible be coordinated or consolidated
with federal funds that may be made available for these purposes.
(b) The secretary is authorized to allocate and award funds to
cities, counties, school districts, county offices of education, or
any consortium thereof, and community-based organizations in which
gang violence suppression programs are established in substantial
compliance with the policies and criteria set forth in this chapter.
(c) The allocation and award of funds shall be made on the
application of the district attorney, chief law enforcement officer,
or chief probation officer of the applicant unit of government and
approved by the legislative body, on the application of school
districts, county offices of education, or any consortium thereof, or
on the application of the chief executive of a community-based
organization. All programs funded pursuant to this chapter shall work
cooperatively to ensure the highest quality provision of services
and to reduce unnecessary duplication. Funds disbursed under this
chapter shall not supplant local funds that would, in the absence of
the Gang Violence Suppression Program, be made available to support
the activities set forth in this chapter. Funds awarded under this
program as local assistance grants shall not be subject to review as
specified in Section 10295 of the Public Contract Code.
(d) The secretary shall prepare and issue written program and
administrative guidelines and procedures for the Gang Violence
Suppression Program, consistent with this chapter. These guidelines
shall set forth the terms and conditions upon which the agency is
prepared to offer grants of funds pursuant to statutory authority.
The guidelines do not constitute rules, regulations, orders, or
standards of general application.
(e) Annually, commencing November 1, 1984, the secretary shall
prepare a report to the Legislature describing in detail the
operation of the statewide program and the results obtained by
district attorneys' offices, local law enforcement agencies, county
probation departments, school districts, county offices of education,
or any consortium thereof, and community-based organizations
receiving funds under this chapter and under comparable federally
financed awards.
(f) Criteria for selection of district attorneys' offices, local
law enforcement agencies, county probation departments, school
districts, county offices of education, or any consortium thereof,
and community-based organizations to receive gang violence
suppression funding shall be developed in consultation with the Gang
Violence Suppression Advisory Committee whose members shall be
appointed by the secretary, unless otherwise designated.
(g) The Gang Violence Suppression Advisory Committee shall be
composed of five district attorneys; two chief probation officers;
two representatives of community-based organizations; three attorneys
primarily engaged in the practice of juvenile criminal defense;
three law enforcement officials with expertise in gang-related
investigations; one member from the California Youth Authority Gang
Task Force nominated by the Director of the California Youth
Authority; one member of the Department of Corrections Law
Enforcement Liaison Unit nominated by the Director of the Department
of Corrections and Rehabilitation; one member from the Department of
Justice nominated by the Attorney General; the Superintendent of
Public Instruction, or his or her designee; one member of the
California School Boards Association; and one representative of a
school program specializing in the education of the target population
identified in this chapter.
Five members of the Gang Violence Suppression Advisory Committee
appointed by the secretary shall be from rural or predominately
suburban counties and shall be designated by the secretary as
comprising the Rural Gang Task Force Subcommittee.
The Rural Gang Task Force Subcommittee, in coordination with the
Gang Violence Suppression Advisory Committee and the agency, shall
review the Gang Violence Suppression Program participation
requirements and recommend changes in the requirements which
recognize the unique conditions and constraints that exist in small
rural jurisdictions and enhance the ability of small rural
jurisdictions to participate in the Gang Violence Suppression
Program.
(h) The secretary shall designate a staff member in the Gang
Violence Suppression Program to act as the Rural Gang Prevention
Coordinator and to provide technical assistance and outreach to rural
jurisdictions with emerging gang activities. It is the intent of the
Legislature that compliance with this subdivision not necessitate an
additional staff person.
(i) This section shall be operative January 1, 1994.
SEC. 230. Section 13826.15 of the Penal Code is amended to read:
13826.15. (a) The Legislature hereby finds and declares that the
implementation of the Gang Violence Suppression Program, as provided
in this chapter, has made a positive impact in the battle against
crimes committed by gang members in California.
The Legislature further finds and declares that the program, when
it was originally created in 1981, provided financial and technical
assistance only for district attorneys' offices. Since that time,
however, the provisions of the program have been amended by the
Legislature to enable additional public entities and community-based
organizations to participate in the program. In this respect, the
agency, pursuant to Section 13826.1, administers funding for the
program by awarding grants to worthy applicants. Therefore, it is the
intent of the Legislature in enacting this measure to assist the
agency in setting forth guidelines for this funding.
(b) The agency may give priority to applicants for new grant
awards, as follows:
(1) First priority may be given to applicants representing
unfunded single components, as specified in Sections 13826.2,
13826.4, 13826.5, 13826.6, and 13826.65, in those counties that
receive Gang Violence Suppression Program funding for some, but not
all, of the program's components. The purpose of establishing this
priority is to provide funding for a full complement of the five Gang
Violence Suppression Program components in those counties that have
less than all five components established.
(2) Second priority may be given to those applicants that propose
a multiagency, or multijurisdictional single component project,
whereby more than one agency would be funded as a joint project under
the single components specified in Sections 13826.2, 13826.4,
13826.5, 13826.6, and
13826.65, and the funding would be provided through a single grant
award.
(3) Third priority may be given to applicants that propose
multijurisdictional multicomponent projects, whereby all five Gang
Violence Suppression Program components, as specified in Sections
13826.2, 13826.4, 13826.5, 13826.6, and 13826.65, would be funded in
a county that does not currently receive Gang Violence Suppression
Program funds.
(4) Fourth priority may be given to those single agency single
component applicants, in counties wherein the program component is
not currently funded.
(c) The agency shall consider the unique needs of, and
circumstances of jurisdiction in, rural and suburban counties when
awarding new grant funds.
SEC. 231. Section 13826.62 of the Penal Code is amended to read:
13826.62. (a) There is hereby established in the agency the Urban
Corps Program. The Urban Corps Program is established as an optional
activity under Section 13826.6. Community-based organizations
receiving grants to participate in the Urban Corps Program shall
implement the following activities:
(1) Identification of publicly and privately administered programs
in the county dealing with the suppression or prevention of criminal
gang activities, or both.
(2) Maintenance of a listing of programs within the county
identified as dealing with the suppression or prevention of criminal
gang activities, or both.
(3) Surveying gang suppression and prevention organizations for
the types of services and activities each is engaged in, and
identifying needs among these organizations for resources to provide
services and fulfill their activities.
(4) Recruitment of volunteers, identification of their skills,
abilities, and interests, and matching volunteers with the resource
needs of gang prevention and suppression organizations.
(5) Establishment of an urban respite program for the purpose of
preventing self-destructive activities and diverting (A) identified
youth gang members, and (B) youths who are at risk of becoming gang
members, for the purposes of reducing or eliminating incentives for
those youths to participate in gang-related crime activities.
(b) The Urban Corps Program shall operate within the agency for
two years following the establishment of a contract with a
community-based organization to administer the program.
(c) This section shall be implemented to the extent that funds are
available to the agency for this purpose.
SEC. 232. Section 13826.7 of the Penal Code is amended to read:
13826.7. The agency and the California Council on Criminal
Justice are encouraged to utilize any federal funds that may become
available for purposes of this chapter. This chapter becomes
operative only if federal funds are made available for its
implementation.
SEC. 233. Section 13827 of the Penal Code is amended to read:
13827. (a) There is within the agency, the Office of Gang and
Youth Violence Policy.
(b) (1) The Office of Gang and Youth Violence Policy shall be
responsible for identifying and evaluating state, local, and federal
gang and youth violence suppression, intervention, and prevention
programs and strategies, along with funding for those efforts. The
director shall be responsible for monitoring, assessing, and
coordinating the state's programs, strategies, and funding that
address gang and youth violence in a manner that maximizes the
effectiveness and coordination of those programs, strategies, and
resources. The secretary shall communicate with local agencies and
programs in an effort to promote the best practices for addressing
gang and youth violence through suppression, intervention, and
prevention.
(2) The agency shall develop a comprehensive set of
recommendations to define its mission, role, and responsibilities as
a statewide entity dedicated to reducing violence and the
proliferation of gangs and gang violence in California communities.
(3) In developing this set of recommendations, the agency shall
collaborate with a wide range of state and local stakeholders,
including, but not limited to, community-based organizations serving
at-risk populations and neighborhoods, law enforcement, educators,
the courts, policy experts and scholars with expertise in the area of
criminal street gangs, and local policymakers.
(4) The agency, in collaboration with the stakeholders specified
in paragraph (3), shall include in its deliberations the most
effective role for the office with respect to the following:
(A) The collection and analysis of data on gang membership
statewide and the effectiveness of various gang prevention efforts.
(B) The development of reliable and accurate sources of data to
measure the scale and characteristics of California's gang problems.
(C) The development of a clearinghouse for research on gangs,
at-risk youth, and prevention and intervention programs in order to
identify best practices and evidence-based programming, as well as
unsuccessful practices, and in order to promote effective strategies
for reducing gang involvement and gang violence.
(D) Assisting state and local governmental and nongovernmental
entities in developing violence and gang prevention strategies,
including built-in evaluation components.
(E) The development of sustained coordination mechanisms among
state, local, and regional entities.
(F) The identification of available or needed federal, state,
regional, local, and private funding resources.
(G) Providing or otherwise promoting public education on effective
programs, models, and strategies for the control of violence and
serving as a clearinghouse for information on gang violence
prevention issues, programs, resources, and research.
(H) Providing or otherwise promoting training and technical
assistance to help build the capacity of organizations, communities,
and local government to develop, implement, and evaluate gang
violence prevention programs.
(I) Providing information and guidance to state and local
governmental and nongovernmental entities on accessing state and
federal resources to prevent gang violence.
(J) Facilitating greater integration between existing entities
with respect to gang prevention efforts.
SEC. 234. Section 13827.1 of the Penal Code is amended to read:
13827.1. There is within the agency, the following offices:
(a) Director of the Office of Gang and Youth Violence Policy. The
director shall report directly to the office of the Governor.
(b) Chief Deputy Director of Gang and Youth Violence Policy.
SEC. 235. Section 13827.2 of the Penal Code is amended to read:
13827.2. The Office of Gang and Youth Violence Policy shall
establish an Internet Web site, in coordination with the agency, that
provides an Internet hyperlink to the various grants administered by
the agency and technical assistance on the process for applying for
grants.
SEC. 236. Section 13830 of the Penal Code is amended to read:
13830. There is hereby created in state government a Judicial
Criminal Justice Planning Committee of seven members. The Judicial
Council shall appoint the members of the committee who shall hold
office at its pleasure. In this respect the Legislature finds as
follows:
(a) The California court system has a constitutionally established
independence under the judicial and separation of power clauses of
the State Constitution.
(b) The California court system has a statewide structure created
under the Constitution, state statutes, and state court rules, and
the Judicial Council of California is the constitutionally
established state agency having responsibility for the operation of
that structure.
(c) The California court system will be directly affected by the
criminal justice planning that will be done under this title and by
the federal grants that will be made to implement that planning.
(d) For effective planning and implementation of court projects it
is essential that the agency have the advice and assistance of a
state judicial system planning committee.
SEC. 237. Section 13832 of the Penal Code is amended to read:
13832. The agency shall consult with, and shall seek the advice
of, the Judicial Criminal Justice Planning Committee in carrying out
its functions under Chapter 3 of this title insofar as they affect
the California court system.
In addition, any grant of federal funds made or approved by the
office which is to be implemented in the California court system
shall be submitted to the Judicial Criminal Justice Planning
Committee for its review and recommendations before being presented
to the California Council on Criminal Justice for its action.
SEC. 238. Section 13833 of the Penal Code is amended to read:
13833. The expenses necessarily incurred by the members of the
Judicial Criminal Justice Planning Committee in the performance of
their duties under this title shall be paid by the Judicial Council,
but it shall be reimbursed by the agency to the extent that federal
funds can be made available for that purpose. Staff support for the
committee's activities shall be provided by the Judicial Council, but
the cost of that staff support shall be reimbursed by the agency to
the extent that federal funds can be made available for that purpose.
SEC. 239. Section 13835.2 of the Penal Code is amended to read:
13835.2. (a) Funds appropriated from the Victim-Witness
Assistance Fund shall be made available through the agency to any
public or private nonprofit agency for the assistance of victims and
witnesses that meets all of the following requirements:
(1) It provides comprehensive services to victims and witnesses of
all types of crime. It is the intent of the Legislature to make
funds available only to programs that do not restrict services to
victims and witnesses of a particular type of crime, and do not
restrict services to victims of crime in which there is a suspect in
the case.
(2) It is recognized by the board of supervisors as the major
provider of comprehensive services to victims and witnesses in the
county.
(3) It is selected by the board of supervisors as the agency to
receive funds pursuant to this article.
(4) It assists victims of crime in the preparation, verification,
and presentation of their claims to the California Victim
Compensation and Government Claims Board for indemnification pursuant
to Article 1 (commencing with Section 13959) of Part 4 of Division 3
of Title 2 of the Government Code.
(5) It cooperates with the California Victim Compensation and
Government Claims Board in verifying the data required by Article 1
(commencing with Section 13959) of Part 4 of Division 3 of Title 2 of
the Government Code.
(b) The agency shall consider the following factors, together with
any other circumstances it deems appropriate, in awarding funds to
public or private nonprofit agencies designated as victim and witness
assistance centers:
(1) The capability of the agency to provide comprehensive services
as defined in this article.
(2) The stated goals and objectives of the center.
(3) The number of people to be served and the needs of the
community.
(4) Evidence of community support.
(5) The organizational structure of the agency that will operate
the center.
(6) The capability of the agency to provide confidentiality of
records.
SEC. 240. Section 13835.6 of the Penal Code is amended to read:
13835.6. (a) The agency, in cooperation with representatives from
local victim and witness assistance centers, shall develop standards
defining the activities and services enumerated in this article.
(b) The agency, in cooperation with representatives from local
victim and witness assistance centers, shall develop a method of
evaluating the activities and performance of centers established
pursuant to this article.
SEC. 241. Section 13835.7 of the Penal Code is amended to read:
13835.7. There is in the State Treasury the Victim-Witness
Assistance Fund. Funds appropriated thereto shall be dispensed to the
agency exclusively for the purposes specified in this article and
for the support of the centers specified in Section 13837.
SEC. 242. Section 13835.10 of the Penal Code is amended to read:
13835.10. (a) The Legislature finds and declares all of the
following:
(1) That the provision of quality services for victims of crime is
of high priority.
(2) That existing victim service programs do not have sufficient
financial resources to consistently recruit and employ fully trained
personnel.
(3) That there is no consistency in the training provided to the
various agencies serving victims.
(4) That comprehensive training for victim service agencies is
geographically limited or unavailable.
(5) That there is currently no statewide comprehensive training
system in place for the state to ensure that all service providers
receive adequate training to provide quality services to victims of
crime.
(6) It is the intention of the Legislature to establish a
statewide training program within the agency to provide comprehensive
standardized training to victim service providers.
(b) The agency shall establish a statewide victim-assistance
training program, the purpose of which is to develop minimum training
and selection standards, certify training courses, and provide
funding to enable local victim service providers to acquire the
required training.
(c) (1) For the purpose of raising the level of competence of
local victim service providers, the office shall adopt guidelines
establishing minimum standards of training for employees of
victim-witness and sexual assault programs funded by the office to
provide services to victims of crime. The agency shall establish an
advisory committee composed of recognized statewide victim service
organizations, representatives of local victim service programs, and
others selected at the discretion of the executive director to
consult on the research and development of the training, selection,
and equivalency standards.
(2) Any local unit of government, community-based organization, or
any other public or private nonprofit entity funded by the agency or
agencies as a victim-witness or sexual assault program to provide
services to victims of crime shall adhere to the training and
selection standards established by the agency or agencies. The
standards for sexual assault victim service programs developed by the
advisory committee established pursuant to Section 13836 shall be
the standards for purposes of this section. With the exception of the
sexual assault standards, the agency shall conduct or contract with
an appropriate firm or entity for research on validated standards
pursuant to this section in consultation with the advisory committee
established pursuant to paragraph (1). The agency may defer the
adoption of the selection standards until the necessary research is
completed. Until the standards are adopted, affected victim service
programs may receive state funding from the agency upon certification
of their willingness to adhere to the training standards adopted by
the agency.
(3) Minimum training and selection standards may include, but
shall not be limited to, basic entry, continuation, supervisory,
management, specialized curricula, and confidentiality.
(4) Training and selection standards shall apply to all victim
service and management personnel of the victim-witness and sexual
assault agencies funded by the agency to provide services to victims
of crime. Exemptions from this requirement may be made by the agency.
A victim service agency which, despite good faith efforts, is unable
to meet the standards established pursuant to this section, may
apply to the agency for an exemption. For the purpose of exemptions,
the agency may establish procedures that allow for partial adherence.
The agency may develop equivalency standards which recognize
professional experience, education, training, or a combination of the
above, for personnel hired before July 1, 1987.
(5) Nothing in this section shall prohibit a victim service
agency, funded by the agency to provide services to victims of crime,
from establishing training and selection standards which exceed the
minimum standards established by the agency pursuant to this section.
(d) For purposes of implementing this section, the agency has all
of the following powers:
(1) To approve or certify, or both, training courses selected by
the agency.
(2) To make those inquiries which may be necessary to determine
whether every local unit of government, community-based organization,
or any other public or private entity receiving state aid from the
agency as a victim-witness or sexual assault program for the
provision of services to victims of crime, is adhering to the
standards for training and selection established pursuant to this
section.
(3) To adopt those guidelines which are necessary to carry out the
purposes of this section.
(4) To develop or present, or both, training courses for victim
service providers, or to contract with coalitions, councils, or other
designated entities, to develop or present, or both, those training
courses.
(5) To perform other activities and studies necessary to carry out
the intent of this section.
(e) (1) The agency may utilize any funds that may become available
from the Victim-Witness Assistance Fund to fund the cost of training
staff of victim service agencies which are funded by the agency from
the fund. The agency may utilize federal or other state funds that
may become available to fund the cost of training staff of victim
service agencies which are not eligible for funding from the
Victim-Witness Assistance Fund.
(2) Peace officer personnel whose jurisdictions are eligible for
training subvention pursuant to Chapter 1 (commencing with Section
13500) of Title 4 of this part and correctional or probation
personnel whose jurisdictions are eligible for state aid pursuant to
Article 2 (commencing with Section 6035) of Chapter 5 of Title 7 of
Part 3 are not eligible to receive training reimbursements under this
section unless the person receiving the training is assigned to
provide victim services in accordance with a grant award agreement
with the agency and is attending training to meet the established
standards.
SEC. 243. Section 13836 of the Penal Code is amended to read:
13836. The agency shall establish an advisory committee which
shall develop a course of training for district attorneys in the
investigation and prosecution of sexual assault cases, child sexual
exploitation cases, and child sexual abuse cases and shall approve
grants awarded pursuant to Section 13837. The courses shall include
training in the unique emotional trauma experienced by victims of
these crimes.
It is the intent of the Legislature in the enactment of this
chapter to encourage the establishment of sex crime prosecution
units, which shall include, but not be limited to, child sexual
exploitation and child sexual abuse cases, in district attorneys'
offices throughout the state.
SEC. 244. Section 13836.1 of the Penal Code is amended to read:
13836.1. The committee shall consist of 11 members. Five shall be
appointed by the secretary, and shall include three district
attorneys or assistant or deputy district attorneys, one
representative of a city police department or a sheriff or a
representative of a sheriff's department, and one public defender or
assistant or deputy public defender of a county. Six shall be public
members appointed by the Commission on the Status of Women, and shall
include one representative of a rape crisis center, and one medical
professional experienced in dealing with sexual assault trauma
victims. The committee members shall represent the points of view of
diverse ethnic and language groups.
Members of the committee shall receive no compensation for their
services but shall be reimbursed for their expenses actually and
necessarily incurred by them in the performance of their duties.
Staff support for the committee shall be provided by the agency.
SEC. 245. Section 13843 of the Penal Code is amended to read:
13843. (a) Allocation and award of funds made available under
this chapter shall be made upon application to the agency. All
applications shall be reviewed and evaluated by the agency.
(b) The secretary may allocate and award funds to communities
developing and providing ongoing citizen involvement and crime
resistance programs in compliance with the established policies and
criteria of the agency. Applications receiving funding under this
section shall be selected from among those deemed appropriate for
funding according to the criteria, policy, and procedures established
by the agency.
(c) With the exception of funds awarded for programs authorized
under paragraph (2) of subdivision (b) of Section 13844, no single
award of funds under this chapter shall exceed a maximum of two
hundred fifty thousand dollars ($250,000) for a 12-month grant
period.
(d) Funds disbursed under this chapter shall not supplant local
funds that would, in the absence of the California Community Crime
Resistance Program, be made available to support crime resistance
programs.
(e) Funds disbursed under this chapter shall be supplemented with
local funds constituting, at a minimum, 10 percent of the total crime
resistance program budget during the initial year and 20 percent in
subsequent periods of funding.
(f) Annually, up to a maximum of 10 percent of the total funds
appropriated to the Community Crime Resistance Program may be used by
the agency to support statewide technical assistance, training, and
public awareness activities relating to crime prevention.
(g) Funds awarded under this program as local assistance grants
shall not be subject to review as specified in Section 14780 of the
Government Code.
(h) Guidelines shall set forth the terms and conditions upon which
the agency is prepared to offer grants of funds pursuant to
statutory authority. The guidelines do not constitute rules,
regulations, orders, or standards of general application.
SEC. 246. Section 13844 of the Penal Code is amended to read:
13844. (a) Use of funds granted under the California Community
Crime Resistance Program are restricted to the following activities:
(1) Further the goal of a statewide crime prevention network by
supporting the initiation or expansion of local crime prevention
efforts.
(2) Provide information and encourage the use of new and
innovative refinements to the traditional crime prevention model in
localities that currently maintain a well-established crime
prevention program.
(3) Support the development of a coordinated service network,
including information exchange and case referral between such
programs as local victim-witness assistance programs, sexual assault
programs, gang violence reduction programs, drug suppression
programs, elderly care custodians, state and local elderly service
programs, or any other established and recognizable local programs
devoted to the lessening of crime and the promotion of the community'
s well-being.
(b) With respect to the initiation or expansion of local crime
prevention efforts, projects supported under the California Community
Crime Resistance Program shall do either of the following:
(1) Carry out as many of the following activities as deemed, in
the judgment of the agency, to be consistent with available
resources:
(A) Crime prevention programs using tailored outreach techniques
in order to provide effective and consistent services for the elderly
in the following areas:
(i) Crime prevention information to elderly citizens regarding
personal safety, fraud, theft, grand theft, burglary, and elderly
abuse.
(ii) Services designed to respond to the specific and diverse
crime prevention needs of elderly residential communities.
(iii) Specific services coordinated to assist in the installation
of security devices or provision of escort services and victim
assistance.
(B) Programs to provide training, information, and prevention
literature to peace officers, elderly care custodians, health
practitioners, and social service providers regarding physical abuse
and neglect within residential health care facilities for the
elderly.
(C) Programs to promote neighborhood involvement such as, but not
limited to, block clubs and other community or resident-sponsored
anticrime programs.
(D) Personal safety programs.
(E) Domestic violence prevention programs.
(F) Crime prevention programs specifically geared to youth in
schools and school district personnel.
(G) Programs which make available to residents and businesses
information on locking devices, building security, and related crime
resistance approaches.
(H) In cooperation with the Commission on Peace Officer Standards
and Training, support for the training of peace officers in crime
prevention and its effects on the relationship between citizens and
law enforcement.
(I) Efforts to address the crime prevention needs of communities
with high proportions of teenagers and young adults, low-income
families, and non-English-speaking residents, including juvenile
delinquency diversion, social service referrals, and making available
crime resistance literature in appropriate languages other than
English.
(2) Implement a community policing program in targeted
neighborhoods that are drug infested. The goal of this program shall
be to empower the people against illegal drug activity. A program
funded pursuant to this chapter shall be able to target one or more
neighborhoods within the grant period. In order to be eligible for
funding, the program shall have the commitment of the community,
local law enforcement, school districts, and community service
groups; and shall be supported by either the city council or the
board of supervisors, whichever is applicable.
(c) With respect to the support of new and innovative techniques,
communities taking part in the California Crime Resistance Program
shall carry out those activities, as determined by the agency, that
conform to local needs and are consistent with available expertise
and resources. These techniques may include, but are not limited to,
community policing programs or activities involving the following:
(1) Programs to reinforce the security of "latchkey" children,
including neighborhood monitoring, special contact telephone numbers,
emergency procedure training for the children, daily telephone
checks for the children's well-being, and assistance in developing
safe alternatives to unsupervised conditions for children.
(2) Programs dedicated to educating parents in procedures designed to
do all of the following:
(A) Minimize or prevent the abduction of children.
(B) Assist children in understanding the risk of child abduction.
(C) Maximize the recovery of abducted children.
(3) Programs devoted to developing automated systems for
monitoring and tracking crimes within organized neighborhoods.
(4) Programs devoted to developing timely "feedback mechanisms"
whose goals would be to alert residents to new crime problems and to
reinforce household participation in neighborhood security
organizations.
(5) Programs devoted to creating and packaging special crime
prevention approaches tailored to the special needs and
characteristics of California's cultural and ethnic minorities.
(6) Research into the effectiveness of local crime prevention
efforts including the relationships between crime prevention
activities, participants' economic and demographic characteristics,
project costs, local or regional crime rate, and law enforcement
planning and staff deployment.
(7) Programs devoted to crime and delinquency prevention through
the establishment of partnership initiatives utilizing elderly and
juvenile volunteers.
(d) All approved programs shall utilize volunteers to assist in
implementing and conducting community crime resistance programs.
Programs providing elderly crime prevention programs shall recruit
senior citizens to assist in providing services.
(e) Programs funded pursuant to this chapter shall demonstrate a
commitment to support citizen involvement with local funds after the
program has been developed and implemented with state moneys.
SEC. 247. Section 13846 of the Penal Code is amended to read:
13846. (a) Evaluation and monitoring of all grants made under
this section shall be the responsibility of the agency. The agency
shall issue standard reporting forms for reporting the level of
activities and number of crimes reported in participating
communities.
(b) Information on successful programs shall be made available and
relayed to other California communities through the technical
assistance procedures of the agency.
SEC. 248. Section 13847 of the Penal Code is amended to read:
13847. (a) There is hereby established in the agency a program of
financial and technical assistance for local law enforcement, called
the Rural Indian Crime Prevention Program. The program shall target
the relationship between law enforcement and Native American
communities to encourage and to strengthen cooperative efforts and to
implement crime suppression and prevention programs.
(b) The secretary may allocate and award funds to those local
units of government, or combinations thereof, in which a special
program is established in law enforcement agencies that meets the
criteria set forth in Sections 13847.1 and 13847.2.
(c) The allocation and award of funds shall be made upon
application executed by the chief law enforcement officer of the
applicant unit of government and approved by the legislative body.
Funds disbursed under this chapter shall not supplant local funds
that would, in the absence of the Rural Indian Crime Prevention
Program, be made available to support the suppression and prevention
of crime on reservations and rancherias.
(d) The secretary shall prepare and issue administrative
guidelines and procedures for the Rural Indian Crime Prevention
Program consistent with this chapter.
(e) The guidelines shall set forth the terms and conditions upon
which the agency is prepared to offer grants of funds pursuant to
statutory authority. The guidelines do not constitute rules,
regulations, orders, or standards of general application.
(f) Every three years, commencing on and after January 1, 1991,
the secretary shall prepare a report to the Legislature describing in
detail the operation of the program and the results obtained from
law enforcement rural Indian crime prevention programs receiving
funds under this chapter.
SEC. 249. Section 13847.2 of the Penal Code is amended to read:
13847.2. (a) The Rural Indian and Law Enforcement Local Advisory
Committee shall be composed of a chief executive of a law enforcement
agency, two tribal council members, two tribal elders, one Indian
law enforcement officer, one Indian community officer, one
representative of the Bureau of Indian Affairs, and any additional
members that may prove to be crucial to the committee. All members of
the advisory committee shall be designated by the secretary, who
shall provide staff services to the advisory committee.
(b) The secretary, in consultation with the advisory committee,
shall develop specific guidelines, and administrative procedures, for
the selection of projects to be funded by the Rural Indian Crime
Prevention Program which guidelines shall include the selection
criteria described in this chapter.
(c) Administration of the overall program and the evaluation and
monitoring of all grants made under this chapter shall be performed
by the agency, provided that funds expended for these functions shall
not exceed 5 percent of the total annual amount made available for
the purpose of this chapter.
SEC. 250. Section 13851 of the Penal Code is amended to read:
13851. (a) There is hereby established in the agency a program of
financial, training, and technical assistance for local law
enforcement, called the California Career Criminal Apprehension
Program. All funds made available to the agency for the purposes of
this chapter shall be administered and disbursed by the secretary.
(b) The secretary is authorized to allocate and award funds to
those local units of government or combinations thereof, in which a
special program is established in law enforcement agencies that meets
the criteria set forth in Sections 13852 and 13853.
(c) The allocation and award of funds shall be made upon
application executed by the chief law enforcement officer of the
applicant unit of government and approved by the legislative body.
Funds disbursed under this chapter shall not supplant local funds
that would, in the absence of the California Career Criminal
Apprehension Program, be made available to support the apprehension
of multiple or repeat felony criminal offenders.
(d) The secretary shall prepare and issue administrative
guidelines and procedures for the California Career Criminal
Apprehension Program consistent with this chapter.
(e) These guidelines shall set forth the terms and conditions upon
which the agency is prepared to offer grants of funds pursuant to
statutory authority. The guidelines do not constitute rules,
regulations, orders, or standards of general application.
SEC. 251. Section 13854 of the Penal Code is amended to read:
13854. (a) The secretary shall develop specific guidelines, and
administrative procedures, for the selection of the California Career
Criminal Apprehension Program.
(b) Administration of the overall program and the evaluation and
monitoring of all grants made under this chapter shall be performed
by the agency, provided that funds expended for those functions shall
not exceed 7.5 percent of the total annual amount made available for
the purpose of this chapter.
(c) Local assistance grants made pursuant to this chapter shall
not be subject to review pursuant to Section 10290 of the Public
Contract Code.
SEC. 252. Section 13861 of the Penal Code is amended to read:
13861. There is hereby created in the agency the Suppression of
Drug Abuse in Schools Program. All funds made available to the agency
for the purposes of this chapter shall be administered and disbursed
by the secretary in consultation with the State Suppression of Drug
Abuse in Schools Advisory Committee established pursuant to Section
13863.
(a) The secretary, in consultation with the State Suppression of
Drug Abuse in Schools Advisory Committee, is authorized to allocate
and award funds to local law enforcement agencies and public schools
jointly working to develop drug abuse prevention and drug trafficking
suppression programs in substantial compliance with the policies and
criteria set forth in Sections 13862 and 13863.
(b) The allocation and award of funds shall be made upon the joint
application by the chief law enforcement officer of the coapplicant
law enforcement agency and approved by the law enforcement agency's
legislative body and the superintendent and board of the school
district coapplicant. The joint application of the law enforcement
agency and the school district shall be submitted for review to the
Local Suppression of Drug Abuse in Schools Advisory Committee
established pursuant to paragraph (4) of subdivision (a) of Section
13862. After review, the application shall be submitted to the
agency. Funds disbursed under this chapter may enhance but shall not
supplant local funds that would, in the absence of the Suppression of
Drug Abuse in Schools Program, be made available to suppress and
prevent drug abuse among schoolage children and to curtail drug
trafficking in and around school areas.
(c) The coapplicant local law enforcement agency and the
coapplicant school district may enter into interagency agreements
between themselves which will allow the management and fiscal tasks
created pursuant to this chapter and assigned to both the law
enforcement agency and the school district to be performed by only
one of them.
(d) Within 90 days of the effective date of this chapter, the
secretary, in consultation with the State Suppression of Drug Abuse
in Schools Advisory Committee established pursuant to Section 13863,
shall prepare and issue administrative guidelines and procedures for
the Suppression of Drug Abuse in Schools Program consistent with this
chapter. In addition to all other formal requirements that may apply
to the enactment of these guidelines and procedures, a complete and
final draft shall be submitted within 60 days of the effective date
of this chapter to the Chairpersons of the Committee on Criminal Law
and Public Safety of the Assembly and the Judiciary Committee of the
Senate of the California Legislature.
SEC. 253. Section 13864 of the Penal Code is amended to read:
13864. There is hereby created in the agency the Comprehensive
Alcohol and Drug Prevention Education component of the Suppression of
Drug Abuse in Schools Program in public elementary schools in grades
4 to 6, inclusive. Notwithstanding Section 13861 or any other
provision in this code, all Comprehensive Alcohol and Drug Prevention
Education component funds made available to the agency in accordance
with the Classroom Instructional Improvement and Accountability Act
shall be administered by and disbursed to county superintendents of
schools in this state by the secretary. All applications for that
funding shall be reviewed and evaluated by the agency, in
consultation with the State Department of Alcohol and Drug Programs
and the State Department of Education.
(a) The secretary is authorized to allocate and award funds to
county department superintendents of schools for allocation to
individual school districts or to a consortium of two or more school
districts. Applications funded under this section shall comply with
the criteria, policies, and procedures established under subdivision
(b) of this section.
(b) As a condition of eligibility for the funding described in
this section, the school district or consortium of school districts
shall have entered into an agreement with a local law enforcement
agency to jointly implement a comprehensive alcohol and drug abuse
prevention, intervention, and suppression program developed by the
agency, in consultation with the State Department of Alcohol and Drug
Programs and the State Department of Education, containing all of
the following components:
(1) A standardized age-appropriate curriculum designed for pupils
in grades 4 to 6, inclusive, specifically tailored and sensitive to
the socioeconomic and ethnic characteristics of the target pupil
population. Although new curricula shall not be required to be
developed, existing curricula may be modified and adapted to meet
local needs. The elements of the standardized comprehensive alcohol
and drug prevention education program curriculum shall be defined and
approved by the Governor's Policy Council on Drug and Alcohol Abuse,
as established by Executive Order No. D-70-80.
(2) A planning process that includes assessment of the school
district's characteristics, resources, and the extent of problems
related to juvenile drug abuse, and input from local law enforcement
agencies.
(3) A school district governing board policy that provides for a
coordinated intervention system that, at a minimum, includes
procedures for identification, intervention, and referral of at-risk
alcohol- and drug-involved youth, and identifies the roles and
responsibilities of law enforcement, school personnel, parents, and
pupils.
(4) Early intervention activities that include, but are not
limited to, the identification of pupils who are high risk or have
chronic drug abuse problems, assessment, and referral for appropriate
services, including ongoing support services.
(5) Parent education programs to initiate and maintain parental
involvement, with an emphasis for parents of at-risk pupils.
(6) Staff and in-service training programs, including both indepth
training for the core team involved in providing program services
and general awareness training for all school faculty and
administrative, credentialed, and noncredentialed school personnel.
(7) In-service training programs for local law enforcement
officers.
(8) School, law enforcement, and community involvement to ensure
coordination of program services. Pursuant to that coordination, the
school district or districts and other local agencies are encouraged
to use a single community advisory committee or task force for drug,
alcohol, and tobacco abuse prevention programs, as an alternative to
the creation of a separate group for that purpose under each state or
federally funded program.
(c) The application of the county superintendent of schools shall
be submitted to the agency. Funds made available to the agency for
allocation under this section are intended to enhance, but shall not
supplant, local funds that would, in the absence of the Comprehensive
Alcohol and Drug Prevention Education component, be made available
to prevent, intervene in, or suppress drug abuse among schoolage
children. For districts that are already implementing a comprehensive
drug abuse prevention program for pupils in grades 4 to 6,
inclusive, the county superintendent shall propose the use of the
funds for drug prevention activities in school grades other than 4 to
6, inclusive, compatible with the program components of this
section. The expenditure of funds for that alternative purpose shall
be approved by the secretary.
(1) Unless otherwise authorized by the agency, each county
superintendent of schools shall be the fiscal agent for any
Comprehensive Alcohol and Drug Prevention Education component award,
and shall be responsible for ensuring that each school district
within that county receives the allocation prescribed by the agency.
Each county superintendent shall develop a countywide plan that
complies with program guidelines and procedures established by the
agency pursuant to subdivision (d). A maximum of 5 percent of the
county's allocation may be used for administrative costs associated
with the project.
(2) Each county superintendent of schools shall establish and
chair a local coordinating committee to assist the superintendent in
developing and implementing a countywide implementation plan. This
committee shall include the county drug administrator, law
enforcement executives, school district governing board members and
administrators, school faculty, parents, and drug prevention and
intervention program executives selected by the superintendent and
approved by the county board of supervisors.
(d) The secretary, in consultation with the State Department of
Alcohol and Drug Programs and the State Department of Education,
shall prepare and issue guidelines and procedures for the
Comprehensive Alcohol and Drug Prevention Education component
consistent with this section.
(e) The Comprehensive Alcohol and Drug Prevention Education
component guidelines shall set forth the terms and conditions upon
which the agency is prepared to award grants of funds pursuant to
this section. The guidelines shall not constitute rules, regulations,
orders, or standards of general application.
(f) Funds awarded under the Comprehensive Alcohol and Drug
Prevention Education Program shall not be subject to Section 10318 of
the Public Contract Code.
(g) Funds available pursuant to Item 8100-111-001 and Provision 1
of Item 8100-001-001 of the Budget Act of 1989, or the successor
provision of the appropriate Budget Act, shall be allocated to
implement this section.
(h) The secretary shall collaborate, to the extent possible, with
other state agencies that administer drug, alcohol, and tobacco abuse
prevention education programs to streamline and simplify the process
whereby local educational agencies apply for drug, alcohol, and
tobacco education funding under this section and under other state
and federal programs. The agency, the State Department of Alcohol and
Drug Programs, the State Department of Education, and other state
agencies, to the extent possible, shall develop joint policies and
collaborate planning in the administration of drug, alcohol, and
tobacco abuse prevention education programs.
SEC. 254. Section 13881 of the Penal Code is amended to read:
13881. (a) There is hereby established in the agency a program of
financial and technical assistance for district attorneys' offices,
designated the California Major Narcotic Vendors Prosecution Law. All
funds appropriated to the agency for the purposes of this chapter
shall be administered and disbursed by the secretary in consultation
with the California Council on Criminal Justice, and shall to the
greatest extent feasible be coordinated or consolidated with federal
funds that may be made available for these purposes.
(b) The secretary is authorized to allocate and award funds to
counties in which the California Major Narcotic Vendors Prosecution
Law is implemented in substantial compliance with the policies and
criteria set forth in this chapter.
(c) The allocation and award of funds shall be made upon
application executed by the county's district attorney and approved
by its board of supervisors. Funds disbursed under this chapter shall
not supplant local funds that would, in the absence of the
California Major Narcotic Vendors Prosecution Law, be made available
to support the prosecution of felony drug cases. Funds available
under this program shall not be subject to review, as specified in
Section 14780 of the Government Code.
(d) The secretary shall prepare and issue written program and
administrative guidelines and procedures for the California Major
Narcotic Vendors Prosecution Program consistent with this chapter,
which shall be submitted to the Chairpersons of the Assembly
Committee on Public Safety and the Senate Committee on Criminal
Procedure. These guidelines shall permit the selection of a county
for the allocation and award of funds only on a finding by the agency
that the county is experiencing a proportionately significant
increase in major narcotic cases. Further, the guidelines shall
provide for the allocation and award of funds to small county
applicants, as designated by the secretary. The guidelines shall also
provide that any funds received by a county under this chapter shall
be used only for the prosecution of cases involving major narcotic
dealers. For purposes of this subdivision, "small county" means a
county having a population of 200,000 or less.
SEC. 255. Section 13887.5 of the Penal Code is amended to read:
13887.5. The agency shall establish standards by which grants are
awarded on a competitive basis to counties for SAFE teams. The
grants shall be awarded to innovative teams designed to promote the
purposes of this chapter.
SEC. 256. Section 13897.2 of the Penal Code is amended to read:
13897.2. (a) The agency shall grant an award to an appropriate
private, nonprofit organization, to provide a statewide resource
center, as described in Section 13897.1.
(b) The center shall:
(1) Provide callers with information about victims' legal rights
to compensation pursuant to Chapter 5 (commencing with Section 13959)
of Part 4 of Division 3 of Title 2 of the Government Code and, where
appropriate, provide victims with guidance in exercising these
rights.
(2) Provide callers who provide services to victims of crime with
legal information regarding the legal rights of victims of crime.
(3) Advise callers about any potential civil causes of action and,
where appropriate, provide callers with references to local legal
aid and lawyer referral services.
(4) Advise and assist callers in understanding and implementing
their rights to participate in sentencing and parole eligibility
hearings as provided by statute.
(5) Advise callers about victims' rights in the criminal justice
system, assist them in overcoming problems, including the return of
property, and inform them of any procedures protecting witnesses.
(6) Refer callers, as appropriate, to local programs, which
include victim-witness programs, rape crisis units, domestic violence
projects, and child sexual abuse centers.
(7) Refer callers to local resources for information about
appropriate public and private benefits and the means of obtaining
aid.
(8) Publicize the existence of the toll-free service through the
print and electronic media, including public service announcements,
brochures, press announcements, various other educational materials,
and agreements for the provision of publicity, by private entities.
(9) Compile comprehensive referral lists of local resources that
include the following: victims' assistance resources, including legal
and medical services, financial assistance, personal counseling and
support services, and victims' support groups.
(10) Produce promotional materials for distribution to law
enforcement agencies, state and local agencies, print, radio, and
television media outlets, and the general public. These materials
shall include placards, video and audio training materials, written
handbooks, and brochures for public distribution. Distribution of
these materials shall be coordinated with the local victims' service
programs.
(11) Research, compile, and maintain a library of legal
information concerning crime victims and their rights.
(12) Provide a 20-percent minimum cash match for all funds
appropriated pursuant to this chapter which match may include federal
and private funds in order to supplement any funds appropriated by
the Legislature.
(c) The resource center shall be located so as to assure
convenient and regular access between the center and those state
agencies most concerned with crime victims. The entity receiving the
grant shall be a private, nonprofit organization, independent of law
enforcement agencies, and have qualified staff knowledgeable in the
legal rights of crime victims and the programs and services available
to victims throughout the state. The subgrantee shall have an
existing statewide, toll-free information service and have
demonstrated substantial capacity and experience serving crime
victims in areas required by this act.
(d) The services of the resource center shall not duplicate the
victim service activities of the agency or those activities of local
victim programs funded through the agency.
(e) The subgrantee shall be compensated at its federally approved
indirect cost rate, if any. For the purposes of this section,
"federally approved indirect cost rate" means that rate established
by the federal Department of Health and Human Services or other
federal agency for the subgrantee. Nothing in this section shall be
construed as requiring the agency to permit the use of federally
approved indirect cost rates for other subgrantees of other grants
administered by the office.
(f) All information and records retained by the center in the
course of providing services under this chapter shall be confidential
and privileged pursuant to Article 3 (commencing with Section 950)
of Chapter 4 of Division 8 of the Evidence Code and Article 4
(commencing with Section 6060) of Chapter 4 of Division 3 of the
Business and Professions Code. Nothing in this subdivision shall
prohibit compilation and distribution of statistical data by the
center.
SEC. 257. Section 13897.3 of the Penal Code is amended to read:
13897.3. The agency shall develop written guidelines for funding
and performance standards for monitoring the effectiveness of the
resource center program. The program shall be evaluated by a public
or private nonprofit entity under a contract with the agency.
SEC. 258. Section 13901 of the Penal Code is amended to read:
13901. (a) For the purposes of coordinating local criminal
justice activities and planning for the use of state and federal
action funds made available through any grant programs, criminal
justice and delinquency prevention planning districts shall be
established.
(b) On January 1, 1976, all planning district boundaries shall
remain as they were immediately prior to that date. Thereafter, the
number and boundaries of those planning districts may be altered from
time to time by a two-thirds vote of the California Council on
Criminal Justice pursuant to this section; provided that no county
shall be divided into two or more districts, nor shall two or more
counties which do not comprise a contiguous area form a single
district.
(c) Prior to taking any action to alter the boundaries of any
planning district, the council shall adopt a resolution indicating
its intention to take the action and, at least 90 days prior to the
taking of the action, shall forward a copy of the resolution to all
units of government directly affected by the proposed action together
with notice of the time and place at which the action will be
considered by the council.
(d) If any county or a majority of the cities directly affected by
the proposed action objects thereto, and a copy of the resolution of
each board of supervisors or city council stating its objection is
delivered to the Secretary of Emergency Management within 30 days
following the giving of the notice of the proposed action, the
council, or a duly constituted committee thereof, shall conduct a
public meeting within the boundaries of the district as
they are proposed to be determined.
Notice of the time and place of the meeting shall be given to the
public and to all units of local government directly affected by the
proposed action, and reasonable opportunity shall be given to members
of the public and representatives of those units to present their
views on the proposed action.
SEC. 259. Section 14111 of the Penal Code is amended to read:
14111. The Legislature further finds that:
(a) It is in the public interest to translate the findings of the
California Commission on Crime Control and Violence Prevention into
community-empowering, community-activated violence prevention efforts
that would educate, inspire, and inform the citizens of California
about, coordinate existing programs relating to, and provide direct
services addressing the root causes of, violence in California.
(b) The recommendations in the report of the commission can serve
as both the foundation and guidelines for short-, intermediate-, and
long-term programs to address and alleviate violence in California.
(c) It is in the public interest to facilitate the highest degree
of coordination between, cooperation among, and utilization of
public, nonprofit, and private sector resources, programs, agencies,
organizations, and institutions toward maximally successful violence
prevention and crime control efforts.
(d) Prevention is a sound fiscal, as well as social, policy
objective. Crime and violence prevention programs can and should
yield substantially beneficial results with regard to the exorbitant
costs of both violence and crime to the public and private sectors.
(e) The California Emergency Management Agency is the appropriate
state agency to contract for programs addressing the root causes of
violence.
SEC. 260. Section 14112 of the Penal Code is amended to read:
14112. The Legislature therefore intends:
(a) To develop community violence prevention and conflict
resolution programs, in the state, based upon the recommendations of
the California Commission on Crime Control and Violence Prevention,
that would present a balanced, comprehensive educational,
intellectual, and experiential approach toward eradicating violence
in our society.
(b) That these programs shall be regulated, and funded pursuant to
contracts with the California Emergency Management Agency.
SEC. 261. Section 14113 is added to the Penal Code, to read:
14113. Unless otherwise required by context, as used in this
title:
(a) "Agency" means the California Emergency Management Agency.
(b) "Secretary" means the Secretary of Emergency Management.
SEC. 262. Section 14117 of the Penal Code is amended to read:
14117. (a) Each program shall have a governing board or an
interagency coordinating team, or both, of at least nine members
representing a cross section of existing and recipient,
community-based, public and private persons, programs, agencies,
organizations, and institutions. Each team shall do all of the
following:
(1) As closely as possible represent the socioeconomic, ethnic,
linguistic, and cultural makeup of the community and shall evidence
an interest in and commitment to the categorical areas of violence
prevention and conflict resolution.
(2) Be responsible for the implementation, evaluation, and
operation of the program and all its constituent elements, including
those specific direct services as may be provided pursuant to Section
14115.
(3) Be accountable for the distribution of all funds.
(4) Designate and appoint a responsible administrative authority
acceptable to the agency prior to the receipt of a grant.
(5) Submit an annual report to the agency, which shall include
information on all of the following:
(A) The number of learning events.
(B) The number of persons trained.
(C) An overview of the changing level of information regarding
root causes of violence.
(D) An overview of the changing level of attitude regarding root
causes of violence.
(E) The changing level of behavior regarding root causes of
violence.
(F) The degree to which the program has been successful in
satisfying the requirements set forth in subdivisions (e) and (f) of
Section 14114.
(G) Other measures of program efficacy as specified by the agency.
(b) Coordinating teams established under this section may adopt
local policies, procedures, and bylaws consistent with this title.
SEC. 263. Section 14118 of the Penal Code is amended to read:
14118. (a) The agency shall prepare and issue written program,
fiscal, and administrative guidelines for the contracted programs
that are consistent with this title, including guidelines for
identifying recipient programs, agencies, organizations, and
institutions, and organizing the coordinating teams. The agency shall
then issue a request for proposals. The responses to the request for
proposals shall be rated according to the priorities set forth in
subdivision (b) and additional criteria established by the
guidelines. The highest rated responses shall be selected. The agency
shall do all of the following:
(1) Subject the proposed program and administrative guidelines to
a 30-day period of broad public evaluation with public hearings
commencing in May 1985, prior to adoption, including specific
solicitation of input from culturally, geographically,
socioeconomically, educationally, and ethnically diverse persons,
programs, agencies, organizations, and institutions.
(2) Provide adequate public notice of the public evaluation around
the state in major metropolitan and rural newspapers and related
media outlets, and to local public, private, and nonprofit human
service executives and advisory boards, and other appropriate persons
and organizations.
(3) Establish a mechanism for obtaining, evaluating, and
incorporating when appropriate and feasible, public input regarding
the written program and administrative guidelines prior to adoption.
(b) Applicants for contracts under this title may be existing
community-based public and nonprofit programs, agencies,
organizations, and institutions, newly developed nonprofit
corporations, or joint proposals from combinations of either or both
of the above.
SEC. 264. Section 14119 of the Penal Code is amended to read:
14119. (a) The agency shall promote, organize, and conduct a
series of one-day crime and violence prevention training workshops
around the state. The agency shall seek participation in the
workshops from ethnically, linguistically, culturally, educationally,
and economically diverse persons, agencies, organizations, and
institutions.
(b) The training workshops shall have all of the following goals:
(1) To identify phenomena which are thought to be root causes of
crime and violence.
(2) To identify local manifestations of those root causes.
(3) To examine the findings and recommendations of the California
Commission on Crime Control and Violence Prevention.
(4) To focus on team building and interagency cooperation and
coordination toward addressing the local problems of crime and
violence.
(5) To examine the merits and necessity of a local crime and
violence prevention effort.
(c) There shall be at least three workshops.
SEC. 265. Section 14120 of the Penal Code is amended to read:
14120. (a) Programs shall be funded, depending upon the
availability of funds, for a period of two years.
(b) The agency shall provide 50 percent of the program costs, to a
maximum amount of fifty thousand dollars ($50,000) per program per
year. The recipient shall provide the remaining 50 percent with other
resources which may include in-kind contributions and services. The
administrative expenses for the pilot programs funded under Section
14120 shall not exceed 10 percent.
(c) Programs should be seeking private sector moneys and
developing ways to become self-sufficient upon completion of pilot
program funding.
(d) The recipient programs shall be responsible for a yearend
independent audit.
(e) The agency shall do an interim evaluation of the programs,
commencing in July 1986, and shall report to the Legislature and the
people with the results of the evaluation prior to October 31, 1986.
The evaluation shall include, but not be limited to, an assessment
and inventory of all of the following:
(1) The number of learning events.
(2) The number of persons trained.
(3) The changing level of information regarding root causes of
violence.
(4) The changing level of attitude regarding root causes of
violence.
(5) The changing level of behavior regarding root causes of
violence.
(6) The reduced level of violence in our society.
(7) The degree to which the program has succeeded in reaching and
impacting positively upon local ethnic, cultural, and socioeconomic
groups in the service area.
A final evaluation shall be made with a report prior to October
31, 1987, which shall also include specific recommendations to the
Legislature and the people of this state regarding methods and means
by which these violence prevention and crime control programmatic
efforts can be enhanced and improved.
SEC. 266. Section 14121 of the Penal Code is amended to read:
14121. The agency may hire support staff and utilize resources
necessary to carry out the purposes of this title.
SEC. 267. Section 14140 of the Penal Code is amended to read:
14140. (a) Each county is authorized and encouraged to create a
county task force on violent crimes against women. The board of
supervisors of a county which elects to create a task force under
this section shall notify the California Emergency Management Agency
that the county is establishing, by appointment, a countywide task
force. Each county task force shall develop a countywide policy on
violent crimes against women.
(b) The California Emergency Management Agency may provide
technical assistance to, and collect and disseminate information on,
the county task forces established under this section.
SEC. 268. Section 715 of the Public Resources Code is amended to
read:
715. The Department of Forestry and Fire Protection, in
cooperation with the California Emergency Management Agency, shall
develop a program to certify active duty military pilots to engage in
firefighting in the state.
SEC. 269. Section 2802 of the Public Resources Code is amended to
read:
2802. (a) The department shall develop jointly with the United
States Geological Survey a prototype earthquake prediction system
along the central San Andreas fault near the City of Parkfield.
(b) The system shall include a dense cluster of seismic and
crustal deformation instrumentation capable of monitoring geophysical
and geochemical phenomena associated with earthquakes in the region.
These data shall be analyzed continuously to determine if precursory
anomalies can be identified with sufficient certainty to make a
short-term prediction. The department shall not duplicate any of the
ongoing efforts of the United States Geological Survey or any public
or private college or university in the development of this system.
(c) In meeting its obligations under this chapter, the department
shall develop, in cooperation with the United States Geological
Survey, a plan for completion of the Parkfield instrumentation
network. The plan shall provide for all of the following:
(1) Augmentation of monitoring instruments with the goal of
detecting precursors of the Parkfield characteristic earthquake.
(2) Operation by the department of a remote data review station in
Sacramento which will provide state scientists with data from the
Parkfield prototype earthquake prediction system and other data, as
required, to advise the California Emergency Management Agency of the
occurrence of precursors and verification of the predicted event.
(3) Advising the United States Geological Survey, the California
Emergency Management Agency, the Seismic Safety Commission, and the
California Earthquake Prediction Evaluation Council, regarding the
department's review of Parkfield data.
(d) On January 1, 1987, the department shall issue a progress
report to the Governor, the Legislature, and the Seismic Safety
Commission. An annual progress report shall be made each year
thereafter. The project shall terminate on January 1, 1992, unless
extended by statute.
SEC. 270. Section 2803 of the Public Resources Code is amended to
read:
2803. (a) Concurrently with the development of the Parkfield
prototype earthquake prediction system, the California Emergency
Management Agency, in consultation with the California Earthquake
Prediction Evaluation Council, shall develop a comprehensive
emergency response plan for short-term earthquake predictions. The
plan shall include all of the following:
(1) A method of peer review involving the California Earthquake
Prediction Evaluation Council to evaluate the validity of short-term
earthquake predictions and to develop guidelines for initiating state
action in response to anomalous geochemical and geophysical
phenomena.
(2) A means of rapidly activating governmental response to a
predicted event.
(3) Plans for mitigating earthquake losses to vulnerable
populations, including, but not limited to, drawdown of impoundment
levels behind dams, positioning of emergency equipment in safe areas,
and mobilization of firefighting, law enforcement, rescue, and
medical personnel.
(4) A public warning system.
(5) Strategies for dealing with earthquake predictions that fail
to occur (false alarms) and the failure of an earthquake prediction
system to forecast a damaging event.
(b) The California Emergency Management Agency shall consult with
the department, the Seismic Safety Commission, the United States
Geological Survey, and the Federal Emergency Management Agency in the
development of the plan.
SEC. 271. Section 2811 of the Public Resources Code is amended to
read:
2811. As used in this chapter:
(a) "Agency" means the California Emergency Management Agency.
(b) "Commission" means the Seismic Safety Commission.
(c) "Local jurisdiction" means a city, county, or district.
(d) "Preparedness" means long-term preearthquake hazard
mitigation, reconstruction, and recovery planning and preparation for
emergency response.
SEC. 272. Section 2814 of the Public Resources Code is amended to
read:
2814. The earthquake preparedness activities established under
this chapter shall be carried out by the agency. The commission and
agency shall work together and use appropriate scientific information
and recommendations provided by the division. Other arrangements to
coordinate the activities established by this chapter shall be made,
through mutual agreement, by the commission and the agency. A local
advisory board shall be established to provide advice and guidance on
project activities in the Counties of San Diego, Imperial, and Santa
Barbara.
SEC. 273. Section 2815 of the Public Resources Code is amended to
read:
2815. The agency may enter into agreements with local, regional,
and federal agencies, councils of government, and private
organizations and contractors, and may receive and expend funds
provided by those entities in support of comprehensive earthquake
preparedness programs authorized by this chapter. The commission and
agency shall seek assistance from appropriate federal agencies.
SEC. 274. Section 3233 of the Public Resources Code is amended to
read:
3233. (a) The division may develop field rules which establish
volumetric thresholds for emergency reporting by the operator of oil
discharges to land associated with onshore drilling, exploration, or
production operations, where the oil discharges, because of the
circumstances established pursuant to paragraph (1) of subdivision
(c), cannot pass into or threaten the waters of the state. The
division may not adopt field rules under this section, unless the
State Water Resources Control Board and the Department of Fish and
Game first concur with the volumetric reporting thresholds contained
in the proposed field rules. Subchapter 1 (commencing with Section
1710) of Chapter 4 of Division 2 of Title 14 of the California Code
of Regulations shall apply to the adoption and implementation of
field rules authorized by this section.
(b) The authority granted to the division pursuant to subdivision
(a) shall apply solely to oil fields located in the San Joaquin
Valley, as designated by the division. The division shall adopt the
field rules not later than January 1, 1998.
(c) For purposes of implementing this section, the division, the
State Water Resources Control Board, and the Department of Fish and
Game shall enter into an agreement that defines the process for
establishing both of the following:
(1) The circumstances, such as engineered containment, under which
oil discharges cannot pass into or threaten the waters of this
state.
(2) The volumetric reporting thresholds that are applicable under
the circumstances established pursuant to paragraph (1).
(d) In no case shall a reporting threshold established in the
field rules, where the oil discharge cannot pass into or threaten the
waters of this state, be less than one barrel (42 gallons), unless
otherwise established by federal law or regulation. Until field rules
are adopted, emergency reporting of oil discharges shall continue as
required by existing statute and regulations.
(e) An operator who discharges oil in amounts less than the
volumetric thresholds adopted by the division pursuant to this
section is exempt from all applicable state and local reporting
requirements. Discharges of oil in amounts equal to, or greater than,
the volumetric thresholds adopted by the division pursuant to this
section shall be immediately reported to the California Emergency
Management Agency which shall inform the division and other local or
state agencies as required by Section 8589.7 of the Government Code.
Reporting to the California Emergency Management Agency shall be
deemed to be in compliance with all applicable state and local
reporting requirements.
(f) Oil discharges below the reporting thresholds established in
the field rules shall be exempt from the emergency notification or
reporting requirements, and any penalties provided for nonreporting,
established under paragraph (1) of subdivision (a) of Section 13260
of the Water Code, subdivisions (a), (c), and (e) of Section 13272 of
the Water Code, Section 25507 of the Health and Safety Code,
Sections 8670.25.5 and 51018 of the Government Code, and subdivision
(h) of Section 1722 of Title 14 of the California Code of
Regulations. Oil discharge reporting requirements under Section 51018
of the Government Code shall be applicable if a spill involves a
fire or explosion.
(g) This section shall not affect existing reporting or
notification requirements under federal law.
(h) Nothing in this section shall be construed to relieve any
party of any responsibility established by statute, regulation, or
order, to clean up or remediate any oil discharge, whether reportable
or exempt pursuant to this section.
(i) Reporting provided pursuant to this section is not intended to
prohibit any department or agency from seeking and obtaining any
supplemental postreporting information to which the department or
agency might otherwise be entitled.
(j) For purposes of this section, "oil" means naturally occurring
crude oil.
SEC. 275. Section 25701 of the Public Resources Code is amended to
read:
25701. (a) Within six months after the effective date of this
division, each electric utility, gas utility, and fuel wholesaler or
manufacturer in the state shall prepare and submit to the commission
a proposed emergency load curtailment plan or emergency energy supply
distribution plan setting forth proposals for identifying priority
loads or users in the event of a sudden and serious shortage of fuels
or interruption in the generation of electricity.
(b) The commission shall encourage electric utilities to cooperate
in joint preparation of an emergency load curtailment plan or
emergency energy distribution plan. If such a cooperative plan is
developed between two or more electric utilities, such utilities may
submit such joint plans to the commission in place of individual
plans required by subdivision (a) of this section.
(c) The commission shall collect from all relevant governmental
agencies, including, but not limited to, the Public Utilities
Commission and the California Emergency Management Agency, any
existing contingency plans for dealing with sudden energy shortages
or information related thereto.
SEC. 276. Section 43035 of the Public Resources Code is amended to
read:
43035. (a) The board, in cooperation with the California
Emergency Management Agency, shall develop an integrated waste
management disaster plan to provide for the handling, storage,
processing, transportation, and diversion from disposal sites, or
provide for disposal at a disposal site where absolutely necessary,
of solid waste, resulting from a state of emergency or a local
emergency, as defined, respectively, in subdivisions (b) and (c) of
Section 8558 of the Government Code.
(b) The board may adopt regulations, including emergency
regulations, necessary to carry out the integrated waste management
disaster plan.
SEC. 277. Section 2774.5 of the Public Utilities Code is amended
to read:
2774.5. An electrical corporation or local publicly owned
electric utility shall immediately notify the Commissioner of the
California Highway Patrol, the California Emergency Management
Agency, and the sheriff and any affected chief of police of the
specific area within their respective law enforcement jurisdictions
that will sustain a planned loss of power as soon as the planned loss
becomes known as to when and where that power loss will occur. The
notification shall include common geographical boundaries, grid or
block numbers of the affected area, and the next anticipated power
loss area designated by the electrical corporation or public entity
during rotating blackouts.
SEC. 278. Section 2872.5 of the Public Utilities Code is amended
to read:
2872.5. (a) The commission, in consultation with the California
Emergency Management Agency and the Department of General Services,
shall open an investigative proceeding to determine whether
standardized notification systems and protocol should be utilized by
entities that are authorized to use automatic dialing-announcing
devices pursuant to subdivision (e) of Section 2872, to facilitate
notification of affected members of the public of local emergencies.
The commission shall not establish standards for notification systems
or standard notification protocol unless it determines that the
benefits of the standards exceed the costs.
(b) Before January 1, 2008, the commission shall prepare and
submit to the Legislature a report on the results of the proceeding,
including recommendations for funding notification systems and any
statutory modifications needed to facilitate notification of affected
members of the public of local emergencies.
SEC. 279. Section 2892.1 of the Public Utilities Code is amended
to read:
2892.1. (a) For purposes of this section, "telecommunications
service" means voice communication provided by a telephone
corporation as defined in Section 234, voice communication provided
by a provider of satellite telephone services, voice communication
provided by a provider of mobile telephony service, as defined in
Section 2890.2, and voice communication provided by a commercially
available facilities-based provider of voice communication services
utilizing Voice over Internet Protocol or any successor protocol.
(b) The commission, in consultation with the California Emergency
Management Agency and the Department of General Services, shall open
an investigative or other appropriate proceeding to identify the need
for telecommunications service systems not on the customer's
premises to have backup electricity to enable telecommunications
networks to function and to enable the customer to contact a public
safety answering point operator during an electrical outage, to
determine performance criteria for backup systems, and to determine
whether the best practices recommended by the Network Reliability and
Interoperability Council in December 2005, for backup systems have
been implemented by telecommunications service providers operating in
California. If the commission determines it is in the public
interest, the commission shall, consistent with subdivisions (c) and
(d), develop and implement performance reliability standards.
(c) The commission, in developing any standards pursuant to the
proceeding required by subdivision (b), shall consider current best
practices and technical feasibility for establishing battery backup
requirements.
(d) The commission shall not implement standards pursuant to the
proceeding required by subdivision (b) unless it determines that the
benefits of the standards exceed the costs.
(e) The commission shall determine the feasibility of the use of
zero greenhouse gas emission fuel cell systems to replace diesel
backup power systems.
(f) Before January 1, 2008, the commission shall prepare and
submit to the Legislature a report on the results of the proceeding.
SEC. 280. Section 7661 of the Public Utilities Code is amended to
read:
7661. (a) The commission shall require every railroad corporation
operating in this state to develop, within 90 days of the effective
date of the act adding this section, in consultation with, and with
the approval of, the California Emergency Management Agency, a
protocol for rapid communications with the agency, the Department of
the California Highway Patrol, and designated county public safety
agencies in an endangered area if there is a runaway train or any
other uncontrolled train movement that threatens public health and
safety.
(b) A railroad corporation shall promptly notify the California
Emergency Management Agency, the Department of the California Highway
Patrol, and designated county public safety agencies, through a
communication to the Warning Center of the California Emergency
Management Agency, if there is a runaway train or any other
uncontrolled train movement that threatens public health and safety,
in accordance with the railroad corporation's communications protocol
developed pursuant to subdivision (a).
(c) The notification required pursuant to subdivision (b) shall
include the following information, whether or not an accident or
spill occurs:
(1) The information required by subdivision (c) of Section
7673.
(2) In the event of a runaway train, a train list.
(3) In the event of an uncontrolled train movement or uncontrolled
movement of railcars, a track list or other inventory document if
available.
(d) The consumer protection and safety division shall investigate
any incident that results in a notification required pursuant to
subdivision (b), and shall report its findings concerning the cause
or causes to the commission. The commission shall include the
division's report in its report to the Legislature pursuant to
Section 7711.
SEC. 281. Section 7662 of the Public Utilities Code is amended to
read:
7662. (a) (1) A railroad corporation shall place appropriate
signage to notify an engineer of an approaching grade crossing,
consistent with federal law.
(2) Whistle post signs shall be deemed to satisfy this
requirement.
(b) (1) Whenever a railroad issues written or verbal instructions
to employees that may restrict or stop train movements because of
track conditions, structures, persons, or equipment working,
appropriate flags that are readily visible and easily recognizable to
the crews on both passenger and freight trains shall be displayed as
quickly as practicable. Yellow flags shall be used for temporary
speed restrictions, consistent with paragraphs (2) and (3).
Yellow-red flags shall be used, consistent with paragraphs (4) and
(5), when a train may be required to stop.
(2) Yellow flags shall be used to warn trains to restrict movement
because of track conditions or structures. Except as provided in
paragraph (3), a yellow flag shall be displayed two miles before the
restricted area in order to ensure that train movement is restricted
at the proper location.
(3) When the restricted area is close to a terminal, junction, or
another area, the yellow flag may be displayed less than two miles
before the restricted area. This information shall be included in the
written instructions to employees issued pursuant to paragraph (1).
(4) Yellow-red flags shall be used to warn trains to be prepared
to stop because of persons or equipment working. A yellow-red flag
shall be displayed two miles before the restricted area in order to
ensure that the train is prepared to stop at the proper location.
(5) When the restricted area is close to a terminal, junction, or
other area, the yellow-red flag may be displayed less than two miles
before the restricted area. This information shall be included in the
written instructions to employees issued pursuant to paragraph (1).
(6) Flags shall be displayed only on the track affected and shall
be displayed to the right side of the track as viewed from the
approaching train. The flags shall be displayed to protect all
possible access to the restricted area.
(c) A railroad corporation shall provide milepost markers to train
crews at accurate one-mile intervals. The markers shall be readily
visible to the locomotive engineer within the locomotive cab, and
shall be kept in good repair and replaced when necessary.
(d) A railroad corporation shall place whistle signs to the right
of the main track in the direction of approach, exactly one-quarter
mile from the entrance to any grade crossing as a point of reference
for locomotive engineers who blow the whistle and ring the bell for
these grade crossings as a warning to the public. The signs, which
shall consist of an "X" or "W" or other identifiable mark or symbol
on a square plate mounted on a post, shall be readily visible to a
locomotive engineer within the locomotive cab, shall be kept in good
repair, and shall be replaced when necessary.
(e) A railroad corporation shall place permanent speed signs to
the right of the track in the direction of approach, two miles in
advance of the point where the speed is either increased or decreased
for both passenger and freight trains. The signs shall be readily
visible to a locomotive engineer within the locomotive cab, shall be
kept in good repair, and shall be replaced when necessary.
(f) A railroad corporation shall notify the commission and the
collective bargaining representative of any affected employee of any
new utilization of remote control locomotives in the state, on or
after January 1, 2007.
(g) A railroad corporation shall provide immediate notification to
the California Emergency Management Agency of accidents, incidents,
and other events, concurrent with those provided to the Federal
Railroad Administration's National Response Center, as required by
Part 225.9 of Title 49 of the Code of Federal Regulations.
SEC. 282. Section 7663 of the Public Utilities Code is amended to
read:
7663. Whenever the Department of the California Highway Patrol or
a designated local public safety agency responds to a railroad
accident, the accident shall be reported to the California Emergency
Management Agency.
SEC. 283. Section 7665.1 is added to the Public Utilities Code, to
read:
7665.1. Unless the context requires otherwise, for purposes of
this article:
(a) "Agency" means the California Emergency Management Agency.
(b) "Secretary" means the Secretary of Emergency Management.
SEC. 284. Section 7665.2 of the Public Utilities Code is amended
to read:
7665.2. By July 1, 2007, every operator of rail facilities shall
provide a risk assessment to the commission and the agency for each
rail facility in the state that is under its ownership, operation, or
control. The risk assessment shall, for each rail facility, describe
all of the following:
(a) The location and functions of the rail facility.
(b) All types of cargo that are moved through, or stored at, the
rail facility.
(c) Any hazardous cargo that is moved through, or stored at, the
rail facility.
(d) The frequency that any hazardous cargo is moved through, or
stored at, the rail facility.
(e) A description of the practices of the rail operator to prevent
acts of sabotage, terrorism, or other crimes on the rail facility.
(f) All training programs that the rail operator requires for its
employees at the rail facility.
(g) The emergency response procedures of the rail operator to deal
with acts of sabotage, terrorism, or other crimes at the rail
facility.
(h) The procedures of the rail operator to communicate with local
and state law enforcement personnel, emergency personnel,
transportation officials, and other first responders, in the event of
acts of sabotage, terrorism, or other crimes at the rail facility.
SEC. 285. Section 7665.3 of the Public Utilities Code is amended
to read:
7665.3. The agency may provide the risk assessment provided
pursuant to Section 7665.2 to other law enforcement or emergency
personnel.
SEC. 286. Section 7665.4 of the Public Utilities Code is amended
to read:
7665.4. (a) By January 1, 2008, every rail operator shall develop
and implement an infrastructure protection program to protect rail
infrastructure in the state from acts of sabotage, terrorism, or
other crimes.
(b) (1) The infrastructure protection program shall address the
security of all critical infrastructure.
(2) The infrastructure protection program shall provide training
to all employees of the rail operator performing work at a rail
facility on how to recognize, prevent, and respond to acts of
sabotage, terrorism, or other crimes.
(c) (1) All employees of a contractor or subcontractor of a rail
operator, and any other person performing work at a rail facility
that is not the employee of the rail operator, shall receive training
equivalent to that received by employees of the rail operator
pursuant to paragraph (2) of subdivision (b), within a reasonable
period of time. The commission, in consultation with the secretary,
may adopt reasonable rules or orders to implement this requirement.
(2) All employees of a contractor or subcontractor of a rail
operator, and any other person performing work at a rail facility
that is not the employee of the rail operator, shall undergo an
equivalent evaluation of their background, skills, and fitness as the
rail operator implements for its employees pursuant to its
infrastructure protection plan. The commission, in consultation with
the secretary, may adopt reasonable rules or orders to implement this
requirement.
(d) Each rail operator in the state shall provide to the
commission and the secretary a copy of its infrastructure protection
program. Notwithstanding Chapter 3.5 (commencing with Section 6250)
of Division 7 of Title 1 of the Government Code, the commission and
the secretary shall keep this information confidential.
(e) The infrastructure protection program shall be updated by the
rail operator at least once every year, and the updated plan shall be
submitted to the commission and the secretary.
(f) The commission, in consultation with the agency, shall review
the infrastructure protection program submitted by a rail operator,
may conduct inspections to facilitate the review, and may order a
rail operator to improve, modify, or change its program to comply
with the requirements of this article.
(g) The commission may fine a rail operator for failure to comply
with the requirements of this section or an order of the commission
pursuant to this section.
SEC. 287. Section 7673 of the Public Utilities Code is amended to
read:
7673. Each railroad corporation which transports hazardous
materials in the state shall do all of the following:
(a) Provide a system map of the state to the Office of Emergency
Services and to the Public Utilities Commission, showing practical
groupings of mileposts on the system and showing mileposts of
stations, terminals, junction points, road crossings, and the
locations of natural gas and liquid pipelines in railroad
rights-of-way.
(b) Annually submit to the California Emergency Management Agency
a copy of a publication which identifies emergency handling
guidelines for the surface transportation of hazardous materials,
except that if the railroad corporation is classified as a class I
carrier by the Interstate Commerce Commission pursuant to Subpart A
of Part 1201 of Subchapter C of Chapter X of the Code of Federal
Regulations, the railroad corporation shall annually submit to the
California Emergency Management Agency 50 copies of this publication
which the agency shall make available to the Public Utilities
Commission and local administering agencies and to other response
agencies. These guidelines shall not be considered comprehensive
instructions for the handling of any specific incident.
(c) If there is a train incident resulting in a release or an
overturned railcar or an impact which threatens a release of a
hazardous material, provide the emergency response agency with all of
the following information:
(1) A list of each car in the train and the order of the cars.
(2) The contents of each car, if loaded, in the train.
(3) Identification of the cars and contents in the train which are
involved in the incident, including, but not limited to, those cars
which have derailed.
(4) Emergency handling procedures for each hazardous material
transported in or on the involved cars of the train.
SEC. 288. Section 7710 of the Public Utilities Code is amended to
read:
7710. For purposes of this article, the following definitions
shall apply:
(a) "Commission" shall mean the Public Utilities Commission.
(b) "Fund" means the Rail Accident Prevention and Response Fund
created pursuant to Section 7713.
(c) "Prevention account" means the Hazardous Spill Prevention
Account created, pursuant to Section 7714, in the Railroad Accident
Prevention and Response Fund.
(d) "Secretary" means the Secretary of the California
Environmental Protection Agency.
SEC. 289. Section 7718 of the Public Utilities Code is amended to
read:
7718. (a) The Railroad Accident Prevention and Immediate
Deployment Force is hereby created in the California Environmental
Protection Agency. The force shall be responsible for providing
immediate onsite response capability in the event of large-scale
releases of toxic materials resulting from surface transportation
accidents and for implementing the state hazardous materials incident
prevention and immediate deployment plan. This force shall act
cooperatively and in concert with existing local emergency response
units. The force shall consist of representatives of all of the
following:
(1) Department of Fish and Game.
(2) California Environmental Protection Agency.
(3) State Air Resources Board.
(4) California Integrated Waste Management Board.
(5) California regional water quality control boards.
(6) Department of Toxic Substances Control.
(7) Department of Pesticide Regulation.
(8) Office of Environmental Health Hazard Assessment.
(9) State Department of Health Services.
(10) Department of the California Highway Patrol.
(11) Department of Food and Agriculture.
(12) Department of Forestry and Fire Protection.
(13) Department of Parks and Recreation.
(14) Department of Boating and Waterways.
(15) California Public Utilities Commission.
(16) Any other potentially affected state, local, or federal
agency.
(17) California Emergency Management Agency.
(b) The California Environmental Protection Agency shall develop a
state railroad accident prevention and immediate deployment plan in
cooperation with the State Fire Marshal, affected businesses, and all
of the entities listed in paragraphs (1) to (17), inclusive, of
subdivision (a).
(c) The plan specified in subdivision (b) shall be a comprehensive
set of policies and directions that every potentially affected state
agency and business shall follow if there is a railroad accident to
minimize the potential damage to the public health and safety,
property, and the environment that might result from accidents
involving railroad activities in the state.
SEC. 290. Section 97.2 of the Revenue and Taxation Code is amended
to read:
97.2. Notwithstanding any other provision of this chapter, the
computations and allocations made by each county pursuant to Section
96.1 or its predecessor section shall be modified for the 1992-93
fiscal year pursuant to subdivisions (a) to (d), inclusive, and for
the 1997-98 and 1998-99 fiscal years pursuant to subdivision (e), as
follows:
(a) (1) Except as provided in paragraph (2), the amount of
property tax revenue deemed allocated in the prior fiscal year to
each county shall be reduced by the dollar amounts indicated as
follows, multiplied by 0.953649:
Property
Tax
Reduction
per County
Alameda....................... $ 27,323,576
Alpine........................ 5,169
Amador........................ 286,131
Butte......................... 846,452
Calaveras..................... 507,526
Colusa........................ 186,438
Contra Costa.................. 12,504,318
Del Norte..................... 46,523
El Dorado..................... 1,544,590
Fresno........................ 5,387,570
Glenn......................... 378,055
Humboldt...................... 1,084,968
Imperial...................... 998,222
Inyo.......................... 366,402
Kern.......................... 6,907,282
Kings......................... 1,303,774
Lake.......................... 998,222
Lassen........................ 93,045
Los Angeles................... 244,178,806
Madera........................ 809,194
Marin......................... 3,902,258
Mariposa...................... 40,136
Mendocino..................... 1,004,112
Merced........................ 2,445,709
Modoc......................... 134,650
Mono.......................... 319,793
Monterey...................... 2,519,507
Napa.......................... 1,362,036
Nevada........................ 762,585
Orange........................ 9,900,654
Placer........................ 1,991,265
Plumas........................ 71,076
Riverside..................... 7,575,353
Sacramento.................... 15,323,634
San Benito.................... 198,090
San Bernardino................ 14,467,099
San Diego..................... 17,687,776
San Francisco................. 53,266,991
San Joaquin................... 8,574,869
San Luis Obispo............... 2,547,990
San Mateo..................... 7,979,302
Santa Barbara................. 4,411,812
Santa Clara................... 20,103,706
Santa Cruz.................... 1,416,413
Shasta........................ 1,096,468
Sierra........................ 97,103
Siskiyou...................... 467,390
Solano........................ 5,378,048
Sonoma........................ 5,455,911
Stanislaus.................... 2,242,129
Sutter........................ 831,204
Tehama........................ 450,559
Trinity....................... 50,399
Tulare........................ 4,228,525
Tuolumne...................... 740,574
Ventura....................... 9,412,547
Yolo.......................... 1,860,499
Yuba.......................... 842,857
(2) Notwithstanding paragraph (1), the amount of the reduction
specified in that paragraph for any county or city and county that
has been materially and substantially impacted as a result of a
federally declared disaster, as evidenced by at least 20 percent of
the cities, or cities and unincorporated areas of the county
representing 20 percent of the population within the county suffering
substantial damage, as certified by the Secretary of Emergency
Management, occurring between October 1, 1989, and the effective date
of this section, shall be reduced by that portion of five million
dollars ($5,000,000) determined for that county or city and county
pursuant to subparagraph (B) of paragraph (3).
(3) On or before October 1, 1992, the Director of Finance shall do
all of the following:
(A) Determine the population of each county and city and county in
which a federally declared disaster has occurred between October 1,
1989, and the effective date of this section.
(B) Determine for each county and city and county as described in
subparagraph (A) its share of five million dollars ($5,000,000) on
the basis of that county's population relative to the total
population of all counties described in subparagraph (A).
(C) Notify each auditor of each county and city and county of the
amounts determined pursuant to subparagraph (B).
(b) (1) Except as provided in paragraph (2), the amount of
property tax revenue deemed allocated in the prior fiscal year to
each city, except for a newly incorporated city that did not receive
property tax revenues in the 1991-92 fiscal year, shall be reduced by
9 percent. In making the above computation with respect to cities in
Alameda County, the computation for a city described in paragraph
(6) of subdivision (a) of Section 100.7, as added by Section 73.5 of
Chapter 323 of the Statutes of 1983, shall be adjusted so that the
amount multiplied by 9 percent is reduced by the amount determined
for that city for "museums" pursuant to paragraph (2) of subdivision
(h) of Section 95.
(2) Notwithstanding paragraph (1), the amount of the reduction
determined pursuant to that paragraph for any city that has been
materially and substantially impacted as a result of a federally
declared disaster, as certified by the Secretary of the California
Emergency Management Agency, occurring between October 1, 1989, and
the effective date of this section, shall be reduced by that portion
of fifteen million dollars ($15,000,000) determined for that city
pursuant to subparagraph (B) of paragraph (3).
(3) On or before October 1, 1992, the Director of Finance shall do
all of the following:
(A) Determine the population of each city in which a federally
declared disaster has occurred between October 1, 1989, and the
effective date of this section.
(B) Determine for each city as described in subparagraph (A) its
share of fifteen million dollars ($15,000,000) on the basis of that
city's population relative to the total population of all cities
described in subparagraph (A).
(C) Notify each auditor of each county and city and county of the
amounts determined pursuant to subparagraph (B).
(4) In the 1992-93 fiscal year and each fiscal year thereafter,
the auditor shall adjust the computations required pursuant to
Article 4 (commencing with Section 98) so that those computations do
not result in the restoration of any reduction required pursuant to
this section.
(c) (1) Subject to paragraph (2), the amount of property tax
revenue, other than those revenues that are pledged to debt service,
deemed allocated in the prior fiscal year to a special district,
other than a multicounty district, a local hospital district, or a
district governed by a city council or whose governing board has the
same membership as a city council, shall be reduced by 35 percent.
For purposes of this subdivision, "revenues that are pledged to debt
service" include only those amounts required to pay debt service
costs in the 1991-92 fiscal year on debt instruments issued by a
special district for the acquisition of capital assets.
(2) No reduction pursuant to paragraph (1) for any special
district, other than a countywide water agency that does not sell
water at retail, shall exceed an amount equal to 10 percent of that
district's total annual revenues, from whatever source, as shown in
the 1989-90 edition of the State Controller's Report on Financial
Transactions Concerning Special Districts (not including any annual
revenues from fiscal years following the 1989-90 fiscal year). With
respect to any special district, as defined pursuant to subdivision
(m) of Section 95, that is allocated property tax revenue pursuant to
this chapter but does not appear in the State Controller's Report on
Financial Transactions Concerning Special Districts, the auditor
shall determine the total annual revenues for that special district
from the information in the 1989-90 edition of the State Controller's
Report on Financial Transactions Concerning Counties. With respect
to a special district that did not exist in the 1989-90 fiscal year,
the auditor may use information from the first full fiscal year, as
appropriate, to determine the total annual revenues for that special
district. No reduction pursuant to paragraph (1) for any countywide
water agency that does not sell water at retail shall exceed an
amount equal to 10 percent of that portion of that agency's general
fund derived from property tax revenues.
(3) The auditor in each county shall, on or before January 15,
1993, and on or before January 30 of each year thereafter, submit
information to the Controller concerning the amount of the property
tax revenue reduction to each special district within that county as
a result of paragraphs (1) and (2). The Controller shall certify that
the calculation of the property tax revenue reduction to each
special district within that county is accurate and correct, and
submit this information to the Director of Finance.
(A) The Director of Finance shall determine whether the total of
the amounts of the property tax revenue reductions to special
districts, as certified by the Controller, is equal to the amount
that would be required to be allocated to school districts and
community college districts as a result of a three hundred
seventy-five million dollar ($375,000,000) shift of property tax
revenues from special districts for the 1992-93 fiscal year. If, for
any year, the total of the amount of the property tax revenue
reductions to special districts is less than the amount as described
in the preceding sentence, the amount of property tax revenue, other
than those revenues that are pledged to debt service, deemed
allocated in the prior fiscal year to a special district, other than
a multicounty district, a local hospital district, or a district
governed by a city council or whose governing board has the same
membership as a city council, shall, subject to subparagraph (B), be
reduced by an amount up to 5 percent of the amount subject to
reduction for that district pursuant to paragraphs (1) and (2).
(B) No reduction pursuant to subparagraph (A), in conjunction with
a reduction pursuant to paragraphs (1) and (2), for any special
district, other than a countywide water agency that does not sell
water at retail, shall exceed an amount equal to 10 percent of that
district's total annual revenues, from whatever source, as shown in
the most recent State Controller's Report on Financial Transactions
Concerning Special Districts. No reduction pursuant to subparagraph
(A), in conjunction with a reduction pursuant to paragraphs (1) and
(2), for any countywide water agency that does not sell water at
retail shall exceed an amount equal to 10 percent of that portion of
that agency's general fund derived from property tax revenues.
(C) In no event shall the amount of the property tax revenue loss
to a special district derived pursuant to subparagraphs (A) and (B)
exceed 40 percent of that district's property tax revenues or 10
percent of that district's total revenues, from whatever source.
(4) For the purpose of determining the total annual revenues of a
special district that provides fire protection or fire suppression
services, all of the following shall be excluded from the
determination of total annual revenues:
(A) If the district had less than two million dollars ($2,000,000)
in total annual revenues in the 1991-92 fiscal year, the revenue
generated by a fire suppression assessment levied pursuant to Article
3.6 (commencing with Section 50078) of Chapter 1 of Part 1 of
Division 1 of Title 5 of the Government Code.
(B) The total amount of all funds, regardless of the source, that
are appropriated to a district, including a fire department, by a
board of supervisors pursuant to Section 25642 of the Government Code
or Chapter 7 (commencing with Section 13890) of Part 2.7 of Division
12 of the Health and Safety Code for fire protection. The amendment
of this
subparagraph by Chapter 290 of the Statutes of 1997 shall not be
construed to affect any exclusion from the total annual revenues of a
special district that was authorized by this subparagraph as it read
prior to that amendment.
(C) The revenue received by a district as a result of contracts
entered into pursuant to Section 4133 of the Public Resources Code.
(5) For the purpose of determining the total annual revenues of a
resource conservation district, all of the following shall be
excluded from the determination of total annual revenues:
(A) Any revenues received by that district from the state for
financing the acquisition of land, or the construction or improvement
of state projects, and for which that district serves as the fiscal
agent in administering those state funds pursuant to an agreement
entered into between that district and a state agency.
(B) Any amount received by that district as a private gift or
donation.
(C) Any amount received as a county grant or contract as
supplemental to, or independent of, that district's property tax
share.
(D) Any amount received by that district as a federal or state
grant.
(d) (1) The amount of property tax revenues not allocated to the
county, cities within the county, and special districts as a result
of the reductions calculated pursuant to subdivisions (a), (b), and
(c) shall instead be deposited in the Educational Revenue
Augmentation Fund to be established in each county. The amount of
revenue in the Educational Revenue Augmentation Fund, derived from
whatever source, shall be allocated pursuant to paragraphs (2) and
(3) to school districts and county offices of education, in total,
and to community college districts, in total, in the same proportion
that property tax revenues were distributed to school districts and
county offices of education, in total, and community college
districts, in total, during the 1991-92 fiscal year.
(2) The auditor shall, based on information provided by the county
superintendent of schools pursuant to this paragraph, allocate the
proportion of the Educational Revenue Augmentation Fund to those
school districts and county offices of education within the county
that are not excess tax school entities, as defined in subdivision
(n) of Section 95. The county superintendent of schools shall
determine the amount to be allocated to each school district and
county office of education in inverse proportion to the amounts of
property tax revenue per average daily attendance in each school
district and county office of education. In no event shall any
additional money be allocated from the fund to a school district or
county office of education upon that school district or county office
of education becoming an excess tax school entity.
(3) The auditor shall, based on information provided by the
Chancellor of the California Community Colleges pursuant to this
paragraph, allocate the proportion of the Educational Revenue
Augmentation Fund to those community college districts within the
county that are not excess tax school entities, as defined in
subdivision (n) of Section 95. The chancellor shall determine the
amount to be allocated to each community college district in inverse
proportion to the amounts of property tax revenue per funded
full-time equivalent student in each community college district. In
no event shall any additional money be allocated from the fund to a
community college district upon that district becoming an excess tax
school entity.
(4) (A) If, after making the allocation required pursuant to
paragraph (2), the auditor determines that there are still additional
funds to be allocated, the auditor shall allocate those excess funds
pursuant to paragraph (3). If, after making the allocation pursuant
to paragraph (3), the auditor determines that there are still
additional funds to be allocated, the auditor shall allocate those
excess funds pursuant to paragraph (2).
(B) (i) (I) For the 1995-96 fiscal year and each fiscal year
thereafter, if, after making the allocations pursuant to paragraphs
(2) and (3) and subparagraph (A), the auditor determines that there
are still additional funds to be allocated, the auditor shall,
subject to clauses (ii) and (iii), allocate those excess funds to the
county superintendent of schools. Funds allocated pursuant to this
subclause shall be counted as property tax revenues for special
education programs in augmentation of the amount calculated pursuant
to Section 2572 of the Education Code, to the extent that those
property tax revenues offset state aid for county offices of
education and school districts within the county pursuant to
subdivision (c) of Section 56836.08 of the Education Code.
(II) For the 2007-08 fiscal year and for each fiscal year
thereafter, both of the following apply:
(ia) In allocating the revenues described in subclause (I), the
auditor shall apportion funds to the appropriate special education
local plan area to cover the amount determined in Section 56836.173
of the Education Code.
(ib) Except as otherwise provided by sub-subclause (ia), property
tax revenues described in subclause (I) shall not be apportioned to
special education programs funded pursuant to Section 56836.173 of
the Education Code.
(III) If, for the 2000-01 fiscal year or any fiscal year
thereafter, any additional revenues remain after the implementation
of subclauses (I) and (II), the auditor shall allocate those
remaining revenues among the county, cities, and special districts in
proportion to the amounts of ad valorem property tax revenue
otherwise required to be shifted from those local agencies to the
county's Educational Revenue Augmentation Fund for the relevant
fiscal year.
(IV) A county Educational Revenue Augmentation Fund shall not be
required to provide funding for special education programs funded
pursuant to Section 56836.173 of the Education Code or any
predecessor to that section for a fiscal year prior to the 2007-08
fiscal year that it has not already provided for these programs prior
to the beginning of the 2007-08 fiscal year.
(ii) For the 1995-96 fiscal year only, clause (i) shall have no
application to the County of Mono and the amount allocated pursuant
to clause (i) in the County of Marin shall not exceed five million
dollars ($5,000,000).
(iii) For the 1996-97 fiscal year only, the total amount of funds
allocated by the auditor pursuant to clause (i) and clause (i) of
subparagraph (B) of paragraph (4) of subdivision (d) of Section 97.3
shall not exceed that portion of two million five hundred thousand
dollars ($2,500,000) that corresponds to the county's proportionate
share of all moneys allocated pursuant to clause (i) and clause (i)
of subparagraph (B) of paragraph (4) of subdivision (d) of Section
97.3 for the 1995-96 fiscal year. Upon the request of the auditor,
the Department of Finance shall provide to the auditor all
information in the department's possession that is necessary for the
auditor to comply with this clause.
(iv) Notwithstanding clause (i) of this subparagraph, for the
1999-2000 fiscal year only, if, after making the allocations pursuant
to paragraphs (2) and (3) and subparagraph (A), the auditor
determines that there are still additional funds to be allocated, the
auditor shall allocate the funds to the county, cities, and special
districts in proportion to the amounts of ad valorem property tax
revenue otherwise required to be shifted from those local agencies to
the county's Educational Revenue Augmentation Fund for the relevant
fiscal year. The amount allocated pursuant to this clause shall not
exceed eight million two hundred thirty-nine thousand dollars
($8,239,000), as appropriated in Item 6110-250-0001 of Section 2.00
of the Budget Act of 1999 (Chapter 50, Statutes of 1999). This clause
shall be operative for the 1999-2000 fiscal year only to the extent
that moneys are appropriated for purposes of this clause in the
Budget Act of 1999 by an appropriation that specifically references
this clause.
(C) For purposes of allocating the Educational Revenue
Augmentation Fund for the 1996-97 fiscal year, the auditor shall,
after making the allocations for special education programs, if any,
required by subparagraph (B), allocate all remaining funds among the
county, cities, and special districts in proportion to the amounts of
ad valorem property tax revenue otherwise required to be shifted
from those local agencies to the county's Educational Revenue
Augmentation Fund for the relevant fiscal year. For purposes of ad
valorem property tax revenue allocations for the 1997-98 fiscal year
and each fiscal year thereafter, no amount of ad valorem property tax
revenue allocated to the county, a city, or a special district
pursuant to this subparagraph shall be deemed to be an amount of ad
valorem property tax revenue allocated to that local agency in the
prior fiscal year.
(5) For purposes of allocations made pursuant to Section 96.1 or
its predecessor section for the 1993-94 fiscal year, the amounts
allocated from the Educational Revenue Augmentation Fund pursuant to
this subdivision, other than amounts deposited in the Educational
Revenue Augmentation Fund pursuant to Section 33681 of the Health and
Safety Code, shall be deemed property tax revenue allocated to the
Educational Revenue Augmentation Fund in the prior fiscal year.
(e) (1) For the 1997-98 fiscal year:
(A) The amount of property tax revenue deemed allocated in the
prior fiscal year to any city subject to the reduction specified in
paragraph (2) of subdivision (b) shall be reduced by an amount that
is equal to the difference between the amount determined for the city
pursuant to paragraph (1) of subdivision (b) and the amount of the
reduction determined for the city pursuant to paragraph (2) of
subdivision (b).
(B) The amount of property tax revenue deemed allocated in the
prior fiscal year to any county or city and county subject to the
reduction specified in paragraph (2) of subdivision (a) shall be
reduced by an amount that is equal to the difference between the
amount specified for the county or city and county pursuant to
paragraph (1) of subdivision (a) and the amount of the reduction
determined for the county or city and county pursuant to paragraph
(2) of subdivision (a).
(2) The amount of property tax revenues not allocated to a city or
city and county as a result of this subdivision shall be deposited
in the Educational Revenue Augmentation Fund described in
subparagraph (A) of paragraph (1) of subdivision (d).
(3) For purposes of allocations made pursuant to Section 96.1 for
the 1998-99 fiscal year, the amounts allocated from the Educational
Revenue Augmentation Fund pursuant to this subdivision shall be
deemed property tax revenues allocated to the Educational Revenue
Augmentation Fund in the prior fiscal year.
(f) It is the intent of the Legislature in enacting this section
that this section supersede and be operative in place of Section
97.03 of the Revenue and Taxation Code, as added by Senate Bill 617
of the 1991-92 Regular Session.
SEC. 291. Section 165 of the Vehicle Code is amended to read:
165. An authorized emergency vehicle is:
(a) Any publicly owned and operated ambulance, lifeguard, or
lifesaving equipment or any privately owned or operated ambulance
licensed by the Commissioner of the California Highway Patrol to
operate in response to emergency calls.
(b) Any publicly owned vehicle operated by the following persons,
agencies, or organizations:
(1) Any federal, state, or local agency, department, or district
employing peace officers as that term is defined in Chapter 4.5
(commencing with Section 830) of Part 2 of Title 3 of the Penal Code,
for use by those officers in the performance of their duties.
(2) Any forestry or fire department of any public agency or fire
department organized as provided in the Health and Safety Code.
(c) Any vehicle owned by the state, or any bridge and highway
district, and equipped and used either for fighting fires, or towing
or servicing other vehicles, caring for injured persons, or repairing
damaged lighting or electrical equipment.
(d) Any state-owned vehicle used in responding to emergency fire,
rescue, or communications calls and operated either by the California
Emergency Management Agency or by any public agency or industrial
fire department to which the California Emergency Management Agency
has assigned the vehicle.
(e) Any vehicle owned or operated by any department or agency of
the United States government when the vehicle is used in responding
to emergency fire, ambulance, or lifesaving calls or is actively
engaged in law enforcement work.
(f) Any vehicle for which an authorized emergency vehicle permit
has been issued by the Commissioner of the California Highway Patrol.
SEC. 292. Section 5066 of the Vehicle Code is amended to read:
5066. (a) The department, in conjunction with the California
Highway Patrol, shall design and make available for issuance pursuant
to this article the California memorial license plate.
Notwithstanding Section 5060, the California memorial license plate
may be issued in a combination of numbers or letters, or both, as
requested by the applicant for the plates. A person described in
Section 5101, upon payment of the additional fees set forth in
subdivision (b), may apply for and be issued a set of California
memorial license plates.
(b) In addition to the regular fees for an original registration
or renewal of registration, the following additional fees shall be
paid for the issuance, renewal, retention, or transfer of the
California memorial license plates authorized pursuant to this
section:
(1) For the original issuance of the plates, fifty dollars ($50).
(2) For a renewal of registration of the plates or retention of
the plates, if renewal is not required, forty dollars ($40).
(3) For transfer of the plates to another vehicle, fifteen dollars
($15).
(4) For each substitute replacement plate, thirty-five dollars
($35).
(5) In addition, for the issuance of an environmental license
plate, as defined in Section 5103, the additional fees required
pursuant to Sections 5106 and 5108 shall be deposited proportionately
in the funds described in subdivision (c).
(c) The department shall deposit the additional revenue derived
from the issuance, renewal, transfer, and substitution of California
memorial license plates as follows:
(1) Eighty-five percent in the Antiterrorism Fund, which is hereby
created in the General Fund.
(A) Upon appropriation by the Legislature, one-half of the money
in the fund shall be allocated by the Controller to the California
Emergency Management Agency to be used solely for antiterrorism
activities. The agency shall not use more than 5 percent of the money
appropriated to it for administrative purposes.
(B) Upon appropriation by the Legislature in the annual Budget Act
or in another statute, one-half of the money in the fund shall be
used solely for antiterrorism activities.
(2) Fifteen percent in the California Memorial Scholarship Fund,
which is hereby established in the General Fund. Money deposited in
this fund shall be administered by the Scholarshare Investment Board,
and shall be available, upon appropriation in the annual Budget Act
or in another statute, for distribution or encumbrance by the board
pursuant to Article 21.5 (commencing with Section 70010) of Chapter 2
of Part 42 of the Education Code.
(d) The department shall deduct its costs to administer, but not
to develop, the California memorial license plate program. The
department may utilize an amount of money, not to exceed fifty
thousand dollars ($50,000) annually, derived from the issuance,
renewal, transfer, and substitution of California memorial license
plates for the continued promotion of the California memorial license
plate program of this section.
(e) For the purposes of this section, "antiterrorism activities"
means activities related to the prevention, detection, and emergency
response to terrorism that are undertaken by state and local law
enforcement, fire protection, and public health agencies. The funds
provided for these activities, to the extent that funds are
available, shall be used exclusively for purposes directly related to
fighting terrorism. Eligible activities include, but are not limited
to, hiring support staff to perform administrative tasks, hiring and
training additional law enforcement, fire protection, and public
health personnel, response training for existing and additional law
enforcement, fire protection, and public health personnel, and
hazardous materials and other equipment expenditures.
(f) Beginning January 1, 2007, and each January 1 thereafter, the
department shall determine the number of currently outstanding and
valid California memorial license plates. If that number is less than
7,500 in any year, then the department shall no longer issue or
replace those plates.
SEC. 293. Section 9706 of the Vehicle Code is amended to read:
9706. (a) Application for partial year registration in
conjunction with an application for original California registration
shall be made by the owner within 20 days of the date the vehicle
first becomes subject to California registration. Any application for
partial year registration submitted after that 20-day period shall
be denied registration for a partial year, and the vehicle shall be
subject to payment of the fees for the entire registration year. In
addition to the fee for the registration year, a penalty, as
specified in Section 9554, shall be added to the fee for
registration.
(b) Any application to renew registration for a part of the
remainder of the registration year or for the entire remainder of the
registration year shall be made prior to midnight of the expiration
date of the last issued registration certificate. Application shall
be made upon presentation of the last issued registration card or of
a potential registration issued by the department for use at the time
of renewal and by payment of the required partial year fees, or, if
renewal is for the remainder of the registration year, by payment of
the annual fee required by Section 9400 or 9400.1, as reduced
pursuant to Section 9407.
(c) Notwithstanding any other provision of law, an owner who
registers a vehicle pursuant to this article during a calendar year
shall, if the vehicle was not operated, moved, or left standing upon
a highway, file a certificate of nonoperation prior to the date of
the first operation of the vehicle on the highways in a manner which
requires that registration and shall, by December 31 of each calendar
year thereafter, file a certification pursuant to subdivisions (a)
and (b) of Section 4604 when the vehicle is not registered for
operation on the highways for the succeeding calendar year.
(d) Notwithstanding subdivision (c), the owner of any vehicle
being moved or operated for the purpose of providing support to
firefighting operations while the vehicle or owner is under contract
to the United States Forestry Service, the United States Department
of the Interior, the Bureau of Land Management, the Department of
Forestry and Fire Protection, or the California Emergency Management
Agency may obtain partial year registration if application is made
within 20 days of the date the vehicle is first operated, moved, or
left standing on the highway and the owner has obtained a letter of
authorization from the department prior to the date that the vehicle
is first operated, moved, or left standing on the highway.
SEC. 294. Section 23112.5 of the Vehicle Code is amended to read:
23112.5. (a) Any person who dumps, spills, or causes the release
of hazardous material, as defined by Section 353, or hazardous waste,
as defined by Section 25117 of the Health and Safety Code, upon any
highway shall notify the Department of the California Highway Patrol
or the agency having traffic jurisdiction for that highway of the
dump, spill, or release, as soon as the person has knowledge of the
dump, spill, or release and notification is possible. Upon receiving
notification pursuant to this section, the Department of the
California Highway Patrol shall, as soon as possible, notify the
California Emergency Management Agency of the dump, spill, or
release, except for petroleum spills of less than 42 gallons from
vehicular fuel tanks.
(b) Any person who is convicted of a violation of this section
shall be punished by a mandatory fine of not less than two thousand
dollars ($2,000).
SEC. 295. Section 25258 of the Vehicle Code is amended to read:
25258. (a) An authorized emergency vehicle operating under the
conditions specified in Section 21055 may display a flashing white
light from a gaseous discharge lamp designed and used for the purpose
of controlling official traffic control signals.
(b) An authorized emergency vehicle used by a peace officer, as
defined in Section 830.1 of, subdivision (a), (b), (c), (d), (e),
(f), (g), or (i) of Section 830.2 of, subdivision (n) of Section
830.3 of, subdivision (b) of Section 830.31 of, subdivision (a) or
(b) of Section 830.32 of, Section 830.33 of, subdivision (a) of
Section 830.36 of, subdivision (a) of Section 830.4 of, or Section
830.6 of, the Penal Code, in the performance of the peace officer's
duties, may, in addition, display a steady or flashing blue warning
light visible from the front, sides, or rear of the vehicle.
(c) Except as provided in subdivision (a), a vehicle shall not be
equipped with a device that emits any illumination or radiation that
is designed or used for the purpose of controlling official traffic
control signals.
SEC. 296. Section 34061 of the Vehicle Code is amended to read:
34061. The department shall compile data and annually publish a
report relating to the level of cargo tank and hazardous waste
transport vehicle and container inspections conducted during the
previous year. The data included in the report shall include, but
need not be limited to, all of the following:
(a) The number of inspections conducted.
(b) The number of violations recorded.
(c) The number of on-highway incidents involving cargo tanks and
hazardous waste transport vehicles and containers that were reported
to the California Emergency Management Agency under Section 8574.17
of the Government Code.
SEC. 297. Section 128 of the Water Code is amended to read:
128. (a) In times of extraordinary stress and of disaster,
resulting from storms and floods, or where damage to watershed lands
by forest fires has created an imminent threat of floods and damage
by water, mud, or debris upon the occurrence of storms, the
department may perform any work required or take any remedial
measures necessary to avert, alleviate, repair, or restore damage or
destruction to property having a general public and state interest
and to protect the health, safety, convenience, and welfare of the
general public of the state. In carrying out that work, the
department may perform the work itself or through or in cooperation
with any other state department or agency, the federal government, or
any political subdivision, city, or district.
(b) This section is intended to supplement the emergency services
of the state, and nothing in this section overrides or supersedes the
authority of the Secretary of Emergency Management to coordinate and
supervise state action, upon a declaration of a state of emergency,
under the California Emergency Services Act (Chapter 7 (commencing
with Section 8550) of Division 1 of Title 2 of the Government Code)
or the Disaster Assistance Act (Chapter 7.5 (commencing with Section
8680) of that division).
SEC. 298. Section 6025.6 of the Water Code is amended to read:
6025.6. (a) An owner of a structure defined as a dam pursuant to
Section 6002, but excluded from that definition pursuant to
subdivision (d) of Section 6004 or otherwise exempted from the
requirements of this chapter pursuant to Section 6025.5, shall comply
with the requirements of Section 8589.5 of the Government Code and
shall employ a civil engineer who is registered in the state to
supervise the structure for the protection of life and property for
the full operating life of the structure.
(b) (1) The civil engineer supervising a dam pursuant to
subdivision (a) shall take into consideration, in determining whether
or not a dam constitutes, or would constitute, a danger to life or
property, the possibility that the dam might be endangered by
seepage, earth movement, or other conditions that exist, or might
occur, in any area in the vicinity of the dam.
(2) If the civil engineer determines that a dam under his or her
supervision constitutes, or would constitute, a danger to life or
property, the civil engineer shall notify the owner of the dam and
recommend appropriate action.
(c) The owner shall submit to the department the name, business
address, and telephone number of each supervising civil engineer.
(d) The department shall submit the information provided pursuant
to subdivision (c) to the California Emergency Management Agency on
or before January 1, 1995, and on or before each January 1
thereafter. Any change in the information shall be submitted to the
department on or before July 1 of each year.
SEC. 299. Section 12994 of the Water Code is amended to read:
12994. (a) The Legislature finds and declares all of the
following:
(1) The CALFED Bay-Delta Program has identified as a core action
the need for emergency levee management planning for delta levees to
improve system reliability.
(2) Even with active levee maintenance, the threat of delta levee
failures from earthquake, flood, or poor levee foundation, will
continue to exist.
(3) Because of this threat of failure, and the potential need to
mobilize people and equipment in an emergency to protect delta levees
and public benefits, the department needs authority that will enable
it to act quickly.
(b) The department may do all of the following:
(1) In an emergency, as defined by Section 21060.3 of the Public
Resources Code, that requires immediate levee work to protect public
benefits in the delta, the department may use funds pursuant to this
part without prior approval of a plan by the board or the Department
of Fish and Game, in which case the requirements of Sections 12314
and 12987, and the memorandum of understanding pursuant to Section
12307, shall be carried out as soon as possible.
(A) The amount of funds that may be expended each year on
emergency levee work under this section shall not be greater than two
hundred thousand dollars ($200,000) and the amount that may be
expended per emergency levee site shall not
be greater than fifty thousand dollars ($50,000).
The local agency shall fund 25 percent of the total costs of the
emergency repair at a site or shall fund an appropriate share of the
costs as approved by the board and based upon information of the
local agency's ability to pay for the repairs.
(B) Department contracts executed for emergency levee work under
this section shall be exempted from Department of General Services
approval required under the Public Contract Code.
(C) As soon as feasible after the emergency repair, the department
shall submit a report to the board describing the levee work, costs
incurred, and plans for future work at the site, including any
necessary mitigation.
(D) This section is intended to supplement emergency services
provided by the state or the United States. Nothing in this section
overrides or supersedes the authority of the Secretary of Emergency
Management under the California Emergency Services Act (Chapter 7
(commencing with Section 8550) of Division 1 of Title 2 of the
Government Code) or the Disaster Assistance Act (Chapter 7.5
(commencing with Section 8680) of Division 1 of Title 2 of the
Government Code).
(2) Prepare and submit to the board for adoption a delta emergency
response plan for levee failures. The plan is exempt from Chapter
3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title
2 of the Government Code. The plan may include recommendations of the
multiagency response team established pursuant to paragraph (3) and
may include, but not be limited to, the following:
(A) Standardized contracts for emergency levee work to be executed
by the department, local agencies, or other appropriate entities.
(B) Criteria for eligible emergency levee work.
(C) Definition of an emergency levee site.
(D) Documentation requirements.
(E) Proposals for complying with the federal Endangered Species
Act of 1973 (16 U.S.C. Sec. 1531 et seq.) and the California
Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of
Division 3 of the Fish and Game Code) in an emergency.
(F) Stages of emergency response that may occur in various
situations.
(3) Establish a multiagency emergency response team, consisting of
representatives from the department, the board, the Department of
Fish and Game, the California Conservation Corps, the California
Emergency Management Agency, the Federal Emergency Management Agency,
the United States Army Corps of Engineers, and the United States
Fish and Wildlife Service to advise on methods to ensure that levee
emergencies will be resolved as quickly and safely as possible.
SEC. 300. Section 13271 of the Water Code is amended to read:
13271. (a) (1) Except as provided by subdivision (b), any person
who, without regard to intent or negligence, causes or permits any
hazardous substance or sewage to be discharged in or on any waters of
the state, or discharged or deposited where it is, or probably will
be, discharged in or on any waters of the state, shall, as soon as
(A) that person has knowledge of the discharge, (B) notification is
possible, and (C) notification can be provided without substantially
impeding cleanup or other emergency measures, immediately notify the
California Emergency Management Agency of the discharge in accordance
with the spill reporting provision of the state toxic disaster
contingency plan adopted pursuant to Article 3.7 (commencing with
Section 8574.16) of Chapter 7 of Division 1 of Title 2 of the
Government Code.
(2) The California Emergency Management Agency shall immediately
notify the appropriate regional board, the local health officer, and
the director of environmental health of the discharge. The regional
board shall notify the state board as appropriate.
(3) Upon receiving notification of a discharge pursuant to this
section, the local health officer and the director of environmental
health shall immediately determine whether notification of the public
is required to safeguard public health and safety. If so, the local
health officer and the director of environmental health shall
immediately notify the public of the discharge by posting notices or
other appropriate means. The notification shall describe measures to
be taken by the public to protect the public health.
(b) The notification required by this section shall not apply to a
discharge in compliance with waste discharge requirements or other
provisions of this division.
(c) Any person who fails to provide the notice required by this
section is guilty of a misdemeanor and shall be punished by a fine of
not more than twenty thousand dollars ($20,000) or imprisonment in a
county jail for not more than one year, or both. Except where a
discharge to the waters of this state would have occurred but for
cleanup or emergency response by a public agency, this subdivision
shall not apply to any discharge to land which does not result in a
discharge to the waters of this state.
(d) Notification received pursuant to this section or information
obtained by use of that notification shall not be used against any
person providing the notification in any criminal case, except in a
prosecution for perjury or giving a false statement.
(e) For substances listed as hazardous wastes or hazardous
material pursuant to Section 25140 of the Health and Safety Code, the
state board, in consultation with the Department of Toxic Substances
Control, shall by regulation establish reportable quantities for
purposes of this section. The regulations shall be based on what
quantities should be reported because they may pose a risk to public
health or the environment if discharged to groundwater or surface
water. Regulations need not set reportable quantities on all listed
substances at the same time. Regulations establishing reportable
quantities shall not supersede waste discharge requirements or water
quality objectives adopted pursuant to this division, and shall not
supersede or affect in any way the list, criteria, and guidelines for
the identification of hazardous wastes and extremely hazardous
wastes adopted by the Department of Toxic Substances Control pursuant
to Chapter 6.5 (commencing with Section 25100) of Division 20 of the
Health and Safety Code. The regulations of the Environmental
Protection Agency for reportable quantities of hazardous substances
for purposes of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980, as amended (42 U.S.C. Sec.
9601 et seq.) shall be in effect for purposes of the enforcement of
this section until the time that the regulations required by this
subdivision are adopted.
(f) (1) The state board shall adopt regulations establishing
reportable quantities of sewage for purposes of this section. The
regulations shall be based on the quantities that should be reported
because they may pose a risk to public health or the environment if
discharged to groundwater or surface water. Regulations establishing
reportable quantities shall not supersede waste discharge
requirements or water quality objectives adopted pursuant to this
division. For purposes of this section, "sewage" means the effluent
of a municipal wastewater treatment plant or a private utility
wastewater treatment plant, as those terms are defined in Section
13625, except that sewage does not include recycled water, as defined
in subdivisions (c) and (d) of Section 13529.2.
(2) A collection system owner or operator, as defined in paragraph
(1) of subdivision (a) of Section 13193, in addition to the
reporting requirements set forth in this section, shall submit a
report pursuant to subdivision (c) of Section 13193.
(g) Except as otherwise provided in this section and Section
8589.7 of the Government Code, a notification made pursuant to this
section shall satisfy any immediate notification requirement
contained in any permit issued by a permitting agency. When notifying
the California Emergency Management Agency, the person shall include
all of the notification information required in the permit.
(h) For the purposes of this section, the reportable quantity for
perchlorate shall be 10 pounds or more by discharge to the receiving
waters, unless a more restrictive reporting standard for a particular
body of water is adopted pursuant to subdivision (e).
(i) Notification under this section does not nullify a person's
responsibility to notify the local health officer or the director of
environmental health pursuant to Section 5411.5 of the Health and
Safety Code.
SEC. 301. Section 13272 of the Water Code is amended to read:
13272. (a) Except as provided by subdivision (b), any person who,
without regard to intent or negligence, causes or permits any oil or
petroleum product to be discharged in or on any waters of the state,
or discharged or deposited where it is, or probably will be,
discharged in or on any waters of the state, shall, as soon as (1)
that person has knowledge of the discharge, (2) notification is
possible, and (3) notification can be provided without substantially
impeding cleanup or other emergency measures, immediately notify the
California Emergency Management Agency of the discharge in accordance
with the spill reporting provision of the California oil spill
contingency plan adopted pursuant to Article 3.5 (commencing with
Section 8574.1) of Chapter 7 of Division 1 of Title 2 of the
Government Code. This section shall not apply to spills of oil into
marine waters as defined in subdivision (f) of Section 8670.3 of the
Government Code.
(b) The notification required by this section shall not apply to a
discharge in compliance with waste discharge requirements or other
provisions of this division.
(c) Any person who fails to provide the notice required by this
section is guilty of a misdemeanor and shall be punished by a fine of
not less than five hundred dollars ($500) or more than five thousand
dollars ($5,000) per day for each day of failure to notify, or
imprisonment of not more than one year, or both. Except where a
discharge to the waters of this state would have occurred but for
cleanup or emergency response by a public agency, this subdivision
shall not apply to any discharge to land which does not result in a
discharge to the waters of this state. This subdivision shall not
apply to any person who is fined by the federal government for a
failure to report a discharge of oil.
(d) Notification received pursuant to this section or information
obtained by use of that notification shall not be used against any
person providing the notification in any criminal case, except in a
prosecution for perjury or giving a false statement.
(e) Immediate notification to the appropriate regional board of
the discharge, in accordance with reporting requirements set under
Section 13267 or 13383, shall constitute compliance with the
requirements of subdivision (a).
(f) The reportable quantity for oil or petroleum products shall be
one barrel (42 gallons) or more, by direct discharge to the
receiving waters, unless a more restrictive reporting standard for a
particular body of water is adopted.
SEC. 302. Section 73503 of the Water Code is amended to read:
73503. (a) The city, in consultation with the association and the
offices of emergency services in Alameda County, Santa Clara County,
and San Mateo County, shall prepare an emergency response plan
describing how water service will be restored to the area served by
the bay area regional water system after an interruption caused by
earthquake or other natural or manmade catastrophe, and thereafter
shall be implemented.
(b) During any interruption in supply caused by earthquake, or
other natural or manmade catastrophe, a regional wholesale water
supplier shall distribute water to customers on an equitable basis,
to the extent feasible given physical damage to the regional water
system, without preference or discrimination based on a customer's
geographic location within or outside the boundary of the regional
wholesale water supplier.
SEC. 303. Section 79522 of the Water Code is amended to read:
79522. (a) Funds made available pursuant to Section 79520 shall
be appropriated to the State Department of Health Services to carry
out this chapter consistent with the requirements and for the
purposes specified in Section 79520.
(b) In the development of priorities for expenditure of the funds
appropriated for the purposes of this section, the State Department
of Health Services shall consult with the California Emergency
Management Agency, the state Office of Homeland Security, and local
water agencies to develop criteria for the department's programs.
(c) Funds allocated pursuant to this section shall not be
available for grants that reimburse project costs incurred prior to
the adoption of criteria for the grants provided in this section.
(d) No grant funds may be awarded to supplant funding for the
routine responsibilities or obligations of any state, local, or
regional drinking water system.
SEC. 304. Section 1789 of the Welfare and Institutions Code is
amended to read:
1789. (a) A Runaway Youth and Families in Crisis Project shall be
established in one or more counties in the San Joaquin Central
Valley, in one or more counties in the northern region of California,
and in one or more counties in the southern region of California.
Each project may have one central location, or more than one site, in
order to effectively serve the target population.
(b) The California Emergency Management Agency shall prepare and
disseminate a request for proposals to prospective grantees under
this chapter within four months after this chapter has been approved
and enacted by the Legislature. The California Emergency Management
Agency shall enter into grant award agreements for a period of no
less than three years, and the operation of projects shall begin no
later than four months after grant award agreements are entered into
between the agency and the grantee. Grants shall be awarded based on
the quality of the proposal, the documented need for services in
regard to runaway youth, and to organizations, as specified in
subdivision (d) of this section, in localities that receive a
disproportionately low share of existing federal and state support
for youth shelter programs.
(c) The California Emergency Management Agency shall require
applicants to identify, in their applications, measurable outcomes by
which the agency will measure the success of the applicant's
project. These measurable outcomes shall include, but not be limited
to, the number of clients served and the percentage of clients who
are successfully returned to the home of a parent or guardian or to
an alternate living condition when reunification is not possible.
(d) Only private, nonprofit organizations shall be eligible to
apply for funds under this chapter to operate a Runaway Youth and
Families in Crisis Project, and these organizations shall be required
to annually contribute a local match of at least 15 percent in cash
or in-kind contribution to the project during the term of the grant
award agreement. Preference shall be given to organizations that
demonstrate a record of providing effective services to runaway youth
or families in crisis for at least three years, successfully
operating a youth shelter for runaway and homeless youth, or
successfully operating a transitional living facility for runaway and
homeless youth who do not receive transitional living services
through the juvenile justice system. Additional weight shall also be
given to those organizations that demonstrate a history of
collaborating with other agencies and individuals in providing such
services. Priority shall be given to organizations with existing
facilities. Preference shall also be given to organizations that
demonstrate the ability to progressively decrease their reliance on
resources provided under this chapter and to operate this project
beyond the period that the organization receives funds under this
chapter.
SEC. 305. Section 1789.5 of the Welfare and Institutions Code is
repealed.
SEC. 306. Section 9625 of the Welfare and Institutions Code is
amended to read:
9625. (a) No later than June 30, 2007, each multipurpose senior
center and each senior center, as defined in subdivisions (j) and (n)
of Section 9591, shall develop and maintain a written emergency
operations plan. This emergency operations plan shall include, but
not be limited to, all of the following:
(1) Facility preparation procedures to identify the location of
first aid supplies, secure all furniture, appliances, and other
free-standing objects, and provide instructions for operating gas and
water shutoff valves.
(2) An inventory of neighborhood resources that shall include, but
not be limited to, the identification and location of all the
following nearby resources:
(A) Generators.
(B) Telephones.
(C) Hospitals and public health clinics.
(D) Fire stations and police stations.
(3) Evacuation procedures, including procedures to accommodate
those who will need assistance in evacuating the center. This
evacuation plan shall be located in an area that is accessible to the
public.
(4) Procedures to accommodate seniors, people with disabilities,
and other community members in need of shelter at the senior center,
in the event that other community facilities are inoperable.
(5) Personnel resources necessary for postdisaster response.
(6) Procedures for conducting periodic evacuation drills, fire
drills, and earthquake drills.
(7) Procedures to ensure service continuation after a disaster.
(8) Consideration of cultural and linguistic barriers in emergency
and evacuation plans, and ways to appropriately address those
barriers.
(b) In the development of the emergency operations plans required
by this chapter, multipurpose senior centers and senior centers shall
coordinate with the California Emergency Management Agency, the
local area agency on aging, as defined in Section 9006, and other
relevant agencies and stakeholders.
SEC. 307. Section 14085.54 of the Welfare and Institutions Code is
amended to read:
14085.54. (a) The Los Angeles County University of Southern
California (LAC-USC) Medical Center may submit revised final plans to
the Office of Statewide Health Planning and Development to replace
the original capital expenditure project plans that met the initial
eligibility requirements provided for under Section 14085.5 if all of
the following conditions are met:
(1) The revised capital expenditure project meets all other
requirements for eligibility as specified in Section 14085.5.
(2) The revised plans are submitted to the Office of Statewide
Health Planning and Development on or before December 31, 2002,
except that, with respect to a facility in the San Gabriel Valley of
not less than 80 beds, the revised plans may be submitted not later
than December 31, 2003.
(3) The scope of the capital project shall consist of two
facilities with not less than a total of 680 beds.
(b) Funding under Section 14085.5 shall not be provided unless all
of the conditions specified in subdivision (a) are met.
(c) The revised plans for the LAC-USC Medical Center capital
expenditure project may provide for one or more of the following
variations from the original capital expenditure project plan
submission:
(1) Total revisions or reconfigurations, or reductions in size and
scope.
(2) Reduction in, or modification of, some or all inpatient
project components.
(3) Tenant interior improvements not specified in the original
capital expenditure project plan submission.
(4) Modifications to the foundation, structural frame, and
building exterior shell, commonly known as the shell and core.
(5) Modifications necessary to comply with current seismic safety
standards.
(6) Expansion of outpatient service facilities that operate under
the LAC-USC Medical Center license.
(d) The revised capital expenditure project may provide for an
additional inpatient service site to the current LAC-USC Medical
Center only if the additional inpatient service site meets both of
the following criteria:
(1) The San Gabriel Valley site is owned and operated by the
County of Los Angeles.
(2) The San Gabriel Valley site is consolidated under the LAC-USC
Medical Center license.
(e) (1) Supplemental reimbursement for the revised capital
expenditure project for LAC-USC Medical Center, as described in this
section, shall be calculated pursuant to subdivision (c) of Section
14085.5, as authorized and limited by this section. The initial
Medi-Cal inpatient utilization rate for the LAC-USC Medical Center,
for purposes of calculating the supplemental reimbursement, shall be
that which was established at the point of the original capital
expenditure project plan submission. The revised capital expenditure
project costs, including project costs related to the additional
inpatient service site, eligible for supplemental reimbursement under
this section shall not exceed 85 percent of the project costs,
including all eligible construction, architectural and engineering,
design, management and consultant costs that would have qualified for
supplemental reimbursement under the original capital project. The
Legislature finds that the original qualifying amount was one billion
two hundred sixty-nine million seven hundred thirty-five thousand
dollars ($1,269,735,000).
(2) Notwithstanding any other provision of this section, any
portion of the revised capital expenditure project for which the
County of Los Angeles is reimbursed by the Federal Emergency
Management Agency and the California Emergency Management Agency
shall not be considered eligible project costs for purposes of
determining supplemental reimbursement under Section 14085.5.
(3) The department shall seek a Medicaid state plan amendment in
order to maximize federal financial participation. However, if the
department is unable to obtain federal financial participation at the
Medi-Cal inpatient adjustment rate as described in paragraph (1),
the state shall fully fund any amount that would otherwise be funded
under this section, but for which federal financial participation
cannot be obtained.
(f) The LAC-USC Medical Center shall provide written notification
to the department of the status of the project on or before January 1
of each year, commencing January 1, 2002. This notification shall,
at a minimum, include a narrative description of the project,
identification of services to be provided, documentation
substantiating service needs, projected construction timeframes, and
total estimated revised capital project costs.
(g) The project, if eligible under the criteria set forth in this
section and Section 14085.5, shall commence construction at both
facilities referred to in subdivision (a) on or before January 1,
2004.
(h) In addition to the requirements of subdivision (f), the
project shall be licensed for operation and available for occupancy
on or before January 1, 2009.
(i) On or before August 15, 2001, the County of Los Angeles may
withdraw any revised final plans that are submitted pursuant to this
section prior to that date if the Board of Supervisors of Los Angeles
County finds that insufficient funds are available to carry out the
capital expenditure project described in this section.
SEC. 308. Section 18275.5 is added to the Welfare and Institutions
Code, to read:
18275.5. Unless the context requires otherwise, for purposes of
this chapter:
(a) "Agency" means the California Emergency Management Agency.
(b) "Secretary" means the Secretary of Emergency Management.
SEC. 309. Section 18277 of the Welfare and Institutions Code is
amended to read:
18277. The secretary shall select two child sexual abuse
prevention training centers, one in northern California and the other
in southern California, which shall receive state funds pursuant to
this chapter. The secretary shall give consideration to existing
demonstration programs relating to the prevention of sexual abuse of
children and may award grant awards on a sole source basis to the two
training centers which he or she selects for funding. The agency
shall appraise the performance of the training centers on an annual
basis and determine whether they shall receive continuation grants.
SEC. 310. Section 18278 of the Welfare and Institutions Code is
amended to read:
18278. (a) The agency shall make grants to community nonprofit
child sexual abuse treatment programs that are unable to meet the
current demand for their services, pursuant to this section.
(b) Programs seeking these grants shall apply to the Office of
Criminal Justice Planning in the manner prescribed by the office.
Each award shall be limited to twenty-five thousand dollars
($25,000). Programs shall be selected based, at a minimum, on the
following criteria:
(1) The program's inability to meet the public demand for its
services.
(2) The program's use of the award to maximize the services
provided to clients who would not otherwise be served.
(3) The likelihood that the program will be able to maintain the
new level of service after the funds granted are depleted.
The awards shall be equitably distributed to programs in northern
and southern California. At least one-fourth of the funds shall be
distributed to rural programs.
(c) The agency shall fund programs as expeditiously as possible;
program funding shall commence within 90 days after the effective
date of this chapter.
SEC. 311. Section 18278.5 of the Welfare and Institutions Code is
amended to read:
18278.5. The agency shall enter into contracts with the centers
for the provision of services required by this chapter within four
months of the effective date of this chapter.
SEC. 312. Section 62, amending Section 8592.1 of the Government
Code, Section 278, amending Section 2872.5 of the Public Utilities
Code, and Section 279, amending Section 2892.1 of the Public
Utilities Code, shall not become operative if Assembly Bill 2408 of
the 2009-10 Regular Session amends those sections and is enacted
prior to this bill.