BILL ANALYSIS Ó AB 979 Page 1 Date of Hearing: April 10, 2013 ASSEMBLY COMMITTEE ON APPROPRIATIONS Mike Gatto, Chair AB 979 (Weber) - As Amended: April 1, 2013 Policy Committee: Public SafetyVote: 7-0 Urgency: No State Mandated Local Program: No Reimbursable: SUMMARY This bill requires specified peace officers assigned to a jurisdiction that includes "navigable waters" to complete a course in basic maritime operations for law enforcement officers. Specifically, this bill: 1)Requires the maritime training if the officer is employed by a city, county, or district that has adopted a resolution implementing the training requirement and identifying the specific classifications of peace officers subject to the training. 2)Specifies the course shall include boat handling, chart reading, navigation rules, and comprehensive training regarding maritime boarding, arrest procedures, vessel identification, searches, and counterterrorism practices and procedures, and requires the curriculum be consistent with federal standards. 3)Provides the provisions become operative only when the federal Department of Homeland Security provides funding to the locality to implement the training and the locality adopts a resolution agreeing to implement the training. 4)Defines "waterborne environment" as a jurisdiction that includes a port, navigable waters, dockside environments, or recreational areas near or on navigable waters. FISCAL EFFECT 1)Significant costs - potentially in excess of $1 million AB 979 Page 2 statewide - to develop material, provide training, verify completion and competency, and backfill the positions of local officers required to take the training. The bill specifies the proposed training becomes operative only if and when federal funding from the Department of Homeland Security is made available to a specific local law enforcement entity for this purpose. While the bill does not specify who would create, implement and administer the training, or specify the duration of the training, the frequency of the training, deadlines by which training must be completed, or how to measure the success of the training (for example, tactical training, training on handling a boat, boarding a boat, and navigating a vessel, is probably not best accomplished by watching a video or via on-line instruction), at a minimum the bill would require: a) Development of a course of instruction, likely at a cost in the range of $200,000, for online training, which must be "consistent with federal standards and tactical training." Costs could increase significantly to the extent training includes hands-on experience with a boat, for example, and/or if competency is measured, or if training is classroom-based. Should whatever entity develops the training determine the need to make water training experiential, costs would increase for instructors, creation of a water training site, rental or purchase of vessels, instructor standards and training for instructors, and maintenance and site security. b) If the training is developed and conducted by the California Commission on Peace Officers Standards and Training (POST), the posts of officers required to take the training would be eligible for backfill reimbursement, potentially in the hundreds of thousands of dollars. To the extent officers travel for training, and spend a night away from home, reimbursement costs would increase. c) If POST were to administer the proposed training, first-year POST administrative costs, to oversee development and training, and particularly to identify and define "waterborne environments" would likely be in the range of $50,000. AB 979 Page 3 COMMENTS 1)Rationale . The author contends marine peace officer training needs enhancement. According to the sponsor, the Port of L.A., "A POST Certified curriculum consistent with federal doctrine and current tactical training would benefit the growing number of law enforcement agencies that have created maritime units. Course curriculum would provide basic instruction for crewmembers on law enforcement and public safety vessels operated by local authorities. Boat handling, chart reading and navigation rules are a necessity to personnel. Additionally, training on maritime boardings, arrest procedures, vessel identification, searches, and counter-terrorism practices and procedures are critical to waterborne policing. This training would also achieve consistent adherence to the Department of Homeland Security's strategy for maritime security to combat terrorism." 2)Who would develop, implement and administer training ? POST currently offers maritime training for state and local peace officers and would appear to be the appropriate entity to develop and administer more in-depth training, should such training is determined to be necessary. A federal entity, the Federal Law Enforcement Training Center (FLETC), headquartered in Georgia, may also be interested in administering maritime training. According to the FLETC website, "The Federal Law Enforcement Training Centers (FLETC) mission is "We train those who protect our homeland." To carry out this mission, the FLETC serves as an interagency law enforcement training organization for 91 federal agencies or Partner Organizations. The FLETC also provides training to state, local, rural, tribal, territorial, and international law enforcement agencies?. Although the FLETC trains officers and agents from all federal departments and all three branches of government, it is a component of the Department of Homeland Security." The administration, scope, objectives and methodology of the proposed training need additional development. The author and sponsor have agreed to continue working on such detail while the bill is on the Suspense File. 3)Prior Legislation . AB 2571 (Silva), 2012, required every peace AB 979 Page 4 officer assigned to a jurisdiction that includes a waterborne environment to complete a POST course in basic maritime law for law enforcement officers, as a condition of receiving specified state aid. AB 2571 was held on this committee's Suspense File. Analysis Prepared by : Geoff Long / APPR. / (916) 319-2081