BILL ANALYSIS Ó
AB 1116
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Date of Hearing: May 4, 2011
ASSEMBLY COMMITTEE ON GOVERNMENTAL ORGANIZATION
Isadore Hall, Chair
AB 1116 (Fong) - As Introduced: February 18, 2011
SUBJECT : Emergency services: populations with limited English
proficiency.
SUMMARY : Requires the California Emergency Management Agency
(Cal EMA) to take measures to help people with limited English
proficiency (LEP) prepare for emergencies and understand
information conveyed during emergencies, such as utilizing
bilingual persons in public contact positions, and coordinating
with organizations that represent the needs of LEP persons in
order to disseminate guidance to local and regional governmental
entities. Specifically, this bill :
1) Provides that the Secretary of Cal EMA (Secretary) shall take
into consideration the multiple languages and the needs of
populations with LEP during emergency preparedness planning,
response, and recovery, including when developing
committee recommendations within the Standardized Emergency
Management System (SEMS) structure, drafting guidance for local
and regional governmental entities, and reviewing emergency
plans of state, regional, and local governmental entities.
2) Provides that the Secretary shall work in collaboration with
local ethnic community-based organizations and ethnic media
outlets in developing communication strategies so that alert
and warning information can be more broadly sent out to
LEP communities.
3) Specifies that the Secretary shall utilize a registry of
qualified bilingual persons in public contract positions, as
defined, to assist with emergency preparedness, response, and
recovery, as deemed necessary.
4) Provides that the Secretary shall incorporate the needs of
populations with LEP in all emergency preparedness, response,
and recovery training and exercises, including the exercises
identified in the statewide exercise strategy and other
exercises related to crisis communications.
5) Makes legislative findings and declarations.
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EXISTING LAW :
1) Requires, under the California Emergency Services Act, Cal
EMA to coordinate the emergency services of all state agencies
in connection with emergencies; and, to establish a standardized
emergency management system for use by all emergency response
agencies. Cal EMA is responsible for assuring the state's
readiness to respond to and recover from the effects of
emergencies that threaten lives, property, and the environment.
Cal EMA assists local governments and state agencies in
developing their emergency preparedness, response,
recovery, and mitigation plans, in accordance with the State
Emergency Plan.
2) Provides that the Secretary is responsible for coordinating
the emergency activities of all state agencies in connection
with a state emergency.
3) Requires the Secretary to appoint representatives of the
disabled community to serve on SEMS committees. Requires the
Secretary to ensure that all SEMS committee recommendations
regarding preparedness, planning, and procedures relating
to emergencies include the needs of people with disabilities.
4) Establishes the Emergency Council to act as an advisory body
to the Governor in times of emergency and on matters of
emergency preparedness. Requires the Emergency Council to
publish a biennial report on the state of emergency
preparedness for catastrophic disasters. Requires the report to
include information from the after action analysis of disasters
in the preceding two years, research directed by the Emergency
Council, and surveys of local and state emergency response
agencies. Requires the report to also include a summary of
strategic actions necessary to address identified gaps in
emergency preparedness and an evaluation of previous
efforts to close gaps identified in previous reports, audits,
and independent analyses.
5) Requires Cal EMA to develop model guidelines for local
government agencies and community-based organizations planning
to develop a disaster registry program. Specifies that
adoption of the model guidelines is voluntary. Requires the
guidelines to:
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a) Specify the intent of the registry is to encourage
that those registered will receive a phone call or visit from
neighborhood disaster volunteers as soon as possible after the
disaster;
b) Establish a list of person eligible for the
registry, including disabled person (including persons with
developmental disabilities), the elderly, those for whom English
is not a first language, long-term health care facilities,
residential community care facilities, and residential care
facilities for the elderly;
c) Contain a statement specifying that the party
responsible for responding to those registered will not be held
liable for not responding; and,
d) Contain a plan for ensuring that hard data is
available if computers shut down.
6) Defines a "bilingual person" as a person who is proficient in
both the English language and the foreign language to be used.
7) Defines a "sufficient number of qualified bilingual persons
in public contact positions" as the number required to provide
the same level of services to non-English-speaking persons as is
available to English-speaking persons seeking services.
FISCAL EFFECT : Unknown.
COMMENTS :
According to the author, California has long been prone to
disasters, and emergency preparedness planning at the state and
local levels is crucial for ensuring our state is equipped to
recover from any disaster situation. California has
approximately 36 million inhabitants, and over 40% speak a
language other than English. Emergency Responders are faced
with extraordinary language diversities. To ensure emergency
preparedness in any disaster, communication with the public is
essential for conveying important safety instructions and
procedures. But this is a challenging task to perform in
California, because the current system does not address the
problem of language barriers.
A series of disasters that struck close to home were the
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wildfires in southern California. They struck parts of
communities having a significant population of individuals with
limited English proficiency, endangering the lives of 300,000
such individuals. News reports brought to light the frustration
and confusion during evacuations between individuals with
limited understanding of English and emergency responders.
Another devastating natural disaster to limited English speakers
was Hurricane Katrina in New Orleans, Louisiana. Evacuation
notices sent out during Hurricane Katrina were only provided in
English, which could not have helped the city since it has a
sizeable immigrant and refugee population speaking little to no
English. For example, the U.S. Congressional testimony
highlighted the story of a Vietnamese man from Mississippi. He
spent five days in a wrecked fishing boat and was nearly killed,
because he did not understand the evacuation orders issued prior
to Hurricane Katrina.
The author states, before another disaster strikes California,
our state and local agencies must prepare to accommodate
communication for large numbers of individuals with limited
understanding of English. AB 1116 is a cost-effective measure
that builds upon our existing emergency preparedness system to
respond to the needs of these individuals. This is a vital
addition to California's emergency services procedures that will
save lives and minimize injuries and damages through a
coordinated communication effort of the responders with the
victims.
Disaster preparedness report : The Tomas Rivera Policy Institute
and Asian Pacific American Legal Center worked together to
release a report in June 2008, that examines how communities
with large populations with LEP immigrants would fare in the
face of a natural disaster striking Southern California. After
conducting interviews with emergency service personnel, both in
local governments and in non-profit organizations, and
holding focus groups with LEP community members in their
languages, they came away with the several findings:
1) Both county and city government agencies and nonprofit relief
organizations, for the most part, are not providing culturally
sensitive disaster preparedness education in languages that
reflect the demographics of the populations being served.
2) Currently, there are no tools in place to provide immediate
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translation of all emergency information in a rapid manner to
LEP populations in Southern California.
3) First responders rely on bilingual family members, often
children, to provide translation for officers, deputies, fire
personnel, etc.
4) Latino, Chinese, and Vietnamese focus group participants
named their respective native language radio stations as the
first place they turn to for emergency information, highlighting
the importance of these ethnic media outlets as a tool
for communication.
5) All first response personnel interviewed stated that
immigration status is not considered when providing disaster
services, but none of the agencies interviewed had in place
mechanisms by which to reassure the public that immigration
status is not asked during disaster response.
Integrating Emergency Services : Little Hoover Commission issued
a report in 2006, titled "Preparing for Catastrophic Events"
that charged California for not being prepared to respond to a
catastrophic emergency. Since then, the Governor's Office of
Emergency Services has worked with the Office of Homeland
Security and, together, they have taken steps to improve the
performance in the area of emergency preparedness through
their Golden Guardian exercises. In 2007, legislation required
the Office of Emergency Services to merge with the Office of
Homeland Security to become the Cal EMA ƯAB 38 (Nava),
Chapter 372, Statutes of 2008]. Even with the recent
improvements, the Little Hoover Commission 2006 report indicates
that our state and local agencies must be prepared to
accommodate communication for large numbers of LEP individuals.
This bill seeks to build on our existing emergency preparedness
system to respond to this particular need.
Prior legislation :
AB 611 (Fong), 2009-2010 Legislative Session. Would have
required Cal EMA to take measures to help people with LEP
prepare for emergencies and understand information conveyed
during emergencies, such as utilizing bilingual persons in
public contact positions, and coordinating with organizations
that represent the needs of LEP persons in order to disseminate
guidance to local and regional governmental entities. (Vetoed
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by Governor)
AB 1930 (Torrico), 2007-2008 Legislative Session. Would have
required OES to take measures to help people with LEP prepare
for emergencies and understand information conveyed during
emergencies, such as utilizing persons in public contact
positions, and coordinating with organizations that represent
the needs of LEP persons in order to disseminate guidance to
local and regional governmental entities. (Held in Senate
Appropriations Committee)
AB 615 (Torrico), 2007-2008 Legislative Session. Would have
required OES to consider the needs of people with LEP in
creating emergency and disaster response plans. (Held in
Assembly Appropriations Committee)
AB 103 (Cohn), Chapter 696, Statutes of 2006. Requires the
State Department of Education to electronically distribute
disaster preparedness educational materials and lesson plans
that are currently available to local school districts and
county offices of education in at least the three most dominant
primary languages spoken by English learners in California.
Requires the Department of Education to coordinate with the
Office of Emergency Services to make sure that all materials are
reviewed and updated, annually.
SB 1451 (Kehoe), Chapter 600, Statutes of 2006. Requires OES to
ensure that members of the disabled community are represented on
all pertinent SEMS Specialist Committees to ensure that the
needs of people with disabilities are met during emergency and
disaster situations. Requires OES to submit a report to the
Legislature and appropriate state and local agencies by January
1, 2009 containing recommendations regarding emergency
preparedness and the needs of people with disabilities.
Requires OES to prepare and disseminate sample brochures and
other materials on the emergency preparedness and evacuations
needs of the disabled community. Requires OES and the Office of
the State Fire Marshal to seek research funding in order to
develop new technologies and information systems that will in
the effort to improve emergency services to people with
disabilities.
SB 546 (Dutton), Chapter 232, Statutes of 2005. Authorizes OES
to share facilities and systems with private businesses and
nonprofit organizations in a voluntary program that integrates
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private sector emergency preparedness measures into governmental
disaster planning programs to the extent that the cost of the
program is reimbursed by the private sector.
REGISTERED SUPPORT / OPPOSITION :
Support
American Civil Liberties Union of California
Asian Americans for Civil Rights and Equality
Asian Health Services
California Academy of Family Physicians
California Communities United Institute
California Language Teachers Association
California Pan-Ethnic Health Network
Little Hoover Commission
Mexican American Legal Defense and Education Fund
Opposition
None on file
Analysis Prepared by : Eric Johnson / G. O. / (916) 319-2531