BILL ANALYSIS                                                                                                                                                                                                    

          |                                                                 |
          |                   Senator Fran Pavley, Chair                    |
          |                    2009-2010 Regular Session                    |
          |                                                                 |

          BILL NO: SB 1443                   HEARING DATE: April 13, 2010   

          AUTHOR: Simitian                   URGENCY: No  
          VERSION: As Introduced             CONSULTANT: Dennis O'Connor    

          DUAL REFERRAL: No                  FISCAL: Yes  
          SUBJECT: Sacramento-San Joaquin Delta Multi-Hazard Coordination  
          Task Force.  
          Under the Sacramento-San Joaquin Delta Emergency Preparedness  
          Act of 2008, the Office of Emergency Services (later renamed the  
          California Emergency Management Agency, or Cal-Ema) is required  
          to establish the Sacramento-San Joaquin Delta Multi-Hazard  
          Coordination Task Force, upon the availability of funding.

          The task force is to be led by Cal-Ema, and is to include the  
          Delta Protection Commission, the Department of Water Resources,  
          and a single representative from each of the five Delta  

          The task force is charged to do all of the following:
           Make recommendations to Cal-Ema relating to the creation of an  
            interagency unified command system organizational framework.
           Coordinate the development of a draft emergency preparedness  
            and response strategy for the Delta region.
           Develop and conduct an all-hazard emergency response exercise  
            in the Delta, designed to test regional coordination protocols  
            already in place.

             The task force is required to submit a report with its  
               strategy and recommendations to the Legislature and the  
               Governor prior to January 1, 2011, and shall cease to exist  
               on or before January 1, 2011.

             These provisions sunset on January 1, 2011.



          PROPOSED LAW
          This bill would extend the reporting due date and the sunset to  
          January 1, 2013.

          According to the author, there is a possibility that the Task  
          Force will not complete their work on time.  Cal-Ema has  
          experienced furloughs which have resulted in lost worked days to  
          the Task Force.  Cal-Ema believes that they will finish on time  
          by January 1, 2011; however, if they do experience any  
          additional delays the task force may have to come back in 2011  
          to seek reauthorization for their work.  This in turn would  
          further delay the ultimate work product.  Extending the  
          reporting due date and sunset date, as proposed by this bill,  
          will eliminate the risk of additional delay, should the task  
          force not complete its work by January 1, 2011.


           By all accounts, everyone wants the final report be completed on  
          time.  However, there is a legitimate concern that, despite best  
          intentions, the task force may miss its deadline, and, given the  
          way the statute was written, the consequences of missing the  
          deadline are an even greater delay.  

          This bill would extend the due date for the final report by two  
          years.  The implication is that the Legislature would be OK if  
          the report was delayed two years.  However, no one appears to be  
          arguing that they want the report delayed.  Rather, they simply  
          want to avoid having to reauthorize the task force should the  
          report not be completed on time.  One way to resolve this issues  
          is to maintain the current due date for the report, but change  
          the expiration date of the Task Force to whenever the report is  
          submitted to the Legislature.  This way, if the report happens  
          to be late, the Task Force would still exist and could complete  
          its work.  

               AMENDMENT 1  
               Delete lines 30 though 32 and insert:

               January 1, 2011, and shall cease to exist on the date on  
               which the report is submitted.



          None Received

          None Received