BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 1116|
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THIRD READING
Bill No: AB 1116
Author: Fong (D)
Amended: As introduced
Vote: 21
SENATE GOVERNMENTAL ORG. COMMITTEE : 10-1, 6/28/11
AYES: Wright, Berryhill, Calderon, Corbett, De León,
Evans, Hernandez, Padilla, Wyland, Yee
NOES: Anderson
NO VOTE RECORDED: Cannella, Strickland
SENATE APPROPRIATIONS COMMITTEE : 6-2, 8/15/11
AYES: Kehoe, Alquist, Lieu, Pavley, Price, Steinberg
NOES: Walters, Emmerson
NO VOTE RECORDED: Runner
ASSEMBLY FLOOR : 69-0, 5/26/11 - See last page for vote
SUBJECT : Emergency services: populations with limited
English proficiency
SOURCE : Author
DIGEST : This bill requires the California Emergency
Management Agency to take measures to help people with
limited English proficiency prepare for emergencies and
understand information conveyed during emergencies.
ANALYSIS : Existing law, the California Emergency
Services Act, requires the California Emergency Management
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Agency (CalEMA) to coordinate the emergency services of all
state agencies in connection with emergencies, and to
establish a standardized emergency management system (SEMS)
for use by all emergency response agencies.
This bill:
1. Requires the Secretary of CalEMA (Secretary) to consider
the multiple languages and the needs of populations with
limited English proficiency (LEP):
A. During emergency preparedness planning, response,
and recovery;
B. When developing committee recommendations within
the SEMS structure,
C. When drafting guidance for local and regional
governmental entities, and
D. In reviewing emergency plans of state, regional,
and local government entities.
2. Directs the Secretary to 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 widely
disseminated to LEP communities.
3. Requires the Secretary to utilize a registry of
qualified bilingual persons in public contract
positions, to assist with emergency preparedness,
response, and recovery, as deemed necessary.
4. Instructs the Secretary to 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.
Comments
Purpose of this bill . According to the author's office,
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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 percent 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.
The author's office 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. This bill 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 released
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 found among other things
that: (1) there is a lack of disaster preparedness
education conducted in languages that reflect area
populations, (2) first responders typically rely on
bilingual family members to provide translation services to
LEP populations, and (3) there are no meaningful mechanisms
in place to provide translated emergency information
rapidly to LEP populations in Southern California.
Integrating Emergency Services . The Little Hoover
Commission issued a report in 2006, titled "Preparing for
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Catastrophic Events" that charged California for not being
prepared to respond to a catastrophic emergency. The
report indicates that state and local agencies must be
prepared to provide communication services to large numbers
of LEP individuals.
Prior/Related Legislation
AB 611 (Fong), 2011-12 Session, would have required CalEMA
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.
Subsequently vetoed by Governor Brown whom stated in his
veto message:
"This bill would require the California Emergency
Management Agency
(CalEMA) to consider multiple languages and needs of
populations who
have limited English language proficiency during
emergency preparedness planning, response, and recovery.
"CalEMA already considers the needs of all California's
citizens, including limited English populations, during
emergency preparedness planning, response, and recovery.
Not only does CalEMA's Public Information Office work
with ethnic media and ethnic community-based
organizations to ensure that this population receives
disaster and emergency alert and warnings, CalEMA also
provides instruction to emergency managers and
first-responders that includes strategic consideration
for populations with limited English proficiency."
AB 1930 (Torrico), 2007-08 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)
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AB 615 (Torrico), 2007-08 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.
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.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
According to the Senate Appropriations Committee:
Fiscal Impact (in thousands)
Major Provisions 2011-12 2012-13 2013-14 Fund
Incorporation of LEP Up to $100 Likely
absorbable costs General/
needs in emergency ongoing Federal
preparedness activities
SUPPORT : (Verified 8/16/11)
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
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Mexican American Legal Defense and Educational Fund
ASSEMBLY FLOOR : 69-0, 5/26/11
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall,
Bill Berryhill, Block, Blumenfield, Bonilla, Bradford,
Brownley, Buchanan, Butler, Charles Calderon, Campos,
Carter, Chesbro, Cook, Dickinson, Eng, Feuer, Fletcher,
Fong, Fuentes, Furutani, Galgiani, Garrick, Gatto,
Gordon, Grove, Hagman, Hall, Harkey, Hayashi, Roger
Hernández, Hill, Huber, Hueso, Huffman, Jeffries, Lara,
Bonnie Lowenthal, Ma, Mendoza, Miller, Mitchell, Monning,
Morrell, Nestande, Nielsen, Norby, Olsen, Pan, Perea, V.
Manuel Pérez, Portantino, Silva, Skinner, Smyth, Solorio,
Swanson, Torres, Valadao, Wagner, Wieckowski, Williams,
Yamada, John A. Pérez
NO VOTE RECORDED: Cedillo, Conway, Davis, Donnelly, Beth
Gaines, Gorell, Halderman, Jones, Knight, Logue, Mansoor
PQ:kc 8/17/11 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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