BILL ANALYSIS �
AB 1073
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Date of Hearing: April 10, 2013
ASSEMBLY COMMITTEE ON GOVERNMENTAL ORGANIZATION
Isadore Hall, Chair
AB 1073 (Torres) - As Introduced: February 22, 1013
SUBJECT : Emergency services: utility access
SUMMARY : Requires the Office of Emergency Services (OES), as
established by the Governor's Reorganization Plan No.2 (GRP2),
operative July 1, 2013, to develop, in collaboration with the
Public Utilities Commission (PUC), a universal insignia that may
be displayed on badges worn by a properly qualified and
certified utility worker or technician that would enable the
person to gain access to a location subject to a disaster or
other emergency to provide vital utility services.
Specifically, this bill :
1)Requires each private or public utility corporation to be
responsible for determining the qualification and
certification process that would allow a utility worker or
technician to display the insignia.
EXISTING LAW
1)Establishes the OES by the GRP2, operative July 1, 2013.
2)Requires OES to establish by rule and regulation various
classes of disaster service workers and the scope of the
duties of each class.
3)Requires OES to also adopt rules and regulations prescribing
the manner in which disaster service workers of each class are
to be registered.
4)Authorizes OES to 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 for disaster preparedness.
FISCAL EFFECT : Unknown
COMMENTS :
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Purpose of the bill : According to the author, Hurricane Sandy
was a reminder of the devastating impact a storm can inflict on
vital utility services. The super storm resulted in power
outages of almost 10 million customers in 21 states and the
District of Columbia. The restoration of the electric power
service from Hurricane Sandy is the biggest single task that the
electric utility industry has ever undertaken, involving almost
70,000 utility workers in about a two week period.
The author states that utility restoral workers play a critical
role in emergency or disaster response by stabilizing and
restoring critical utility infrastructure and setting conditions
for recovery. Utility restoral workers stabilize and repair
electric, petroleum pipeline, telecommunications, gas and
water/wastewater conveyance, distribution and infrastructure to
a functional level.
The author further states that today, in the event of a disaster
or emergency, there is no reliable or standardized method for
first responders (typically police and fire) to identify
qualified utility restoral workers without first contacting a
utility provider. The utility provider in turn must locate and
dispatch employees to the scene of a disaster when response time
is critical to saving lives and property. In times of emergency
or disaster, first responders must be able to quickly identify
qualified utility restoral workers without unnecessary delays.
This measure provides utility restoral workers with a
standardized identifier which will enable immediate access to
areas within disaster zones that may otherwise be restricted to
the general public and ensure that critical time is not lost to
stabilize, repair and restore critical utility infrastructure.
Background : The California Emergency Management Agency (Cal EMA)
is responsible for mitigating the effects of natural, manmade,
or war-caused emergencies which result in conditions of disaster
or in extreme peril to life, property, and the resources of the
state. Cal EMA coordinates overall state agency response to
major disasters in support of local government and assures the
state's readiness to respond to and recover from all emergencies
and disasters and for assisting local governments in their
emergency preparedness, response, recovery, and hazard
mitigation efforts. Cal EMA will become the OES on July 1, 2013
due to the Governor's Reorganization Plan no. 2.
Business and Utility Operations Center (BUOC ): The impact of
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2007 and 2008 California wildfires emphasized the critical need
for the organized, synchronous exchange of information and
resources between public and private sector organizations in
mitigating against, preparing for, responding to, and recovering
from disaster events. Historically, information and resource
sharing activities between the public and private sectors too
often took place in an ad hoc, isolated, and reactive fashion,
resulting in less than optimal assistance to individuals,
families, communities, and the economy.
Realizing the need for stronger public-private collaboration, SB
546 (Dutton) was enacted in 2005 and Executive Order S-04-06 was
issued, giving Cal EMA greater authority to partner with private
industries. To further support those efforts, Cal EMA signed a
Memorandum of Understanding with private sector and non-profit
organizations creating the BUOC comprised of the Utility
Operations Center (UOC) and Business Operations Center (BOC).
The UOC is composed of the California Utilities Emergency
Association. The BOC is comprised of the following: Bank of
America, California Grocers Association, California Resiliency
Alliance, DirectRelief USA, Gap, Inc., Grainger, Inc., Home
Depot, Inc., Sears Holdings, Lowe's Companies, Inc., S.F.
Helicopters, LLC, Target Corporation, Time Warner Cable, United
Parcel Service, Wal-Mart Stores, Inc., and Wells Fargo.
The BUOC is intended to provide support to the state.
Furthermore, the growth of the BUOC is intended to be a
deliberate and iterative process enhanced by training,
exercises, and events that continue to build and mature
operations of the center. The fundamental goal is to continue
to enhance the quality and effectiveness of the state's response
capabilities by augmenting resources and situational awareness
with the private and non-profit sectors. In addition, all BUOC
members assist in response efforts by providing trained and
experienced staff to support BUOC activities.
Is there need for the bill?: The committee is not aware of any
instances where a utility restoral worker has been turned away
and not able to perform their duties due to an identification
issue. Current practices include allowing only logo vehicles to
enter disaster zones in the first 24 hours of a disaster and
requiring public safety officials to check a utility workers'
company identification card to their California state issued
card.
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In discussions with Cal EMA they have stated that in the past
six years they were not aware of any serious delays. When there
has been some confusion on a workers identity that issue has
been solved in less than 30 minutes but such issues are
extremely rare.
Furthermore the bill specifies that each private or public
utility corporation shall be responsible for determining the
process that would allow a utility worker to display the
insignia, thus creating a system where various utilities workers
with vastly different qualifications are all wearing the same
insignia. While the second suggested amendment below would fix
that issue, there is also the issue of utility workers who are
otherwise qualified to enter a disaster area, but who don't
possess the necessary insignia.
During major disasters, it is very common for out-of-state
utility workers to help in local efforts. Being out-of-state
workers, they would not have had the opportunity to obtain the
insignia. In this scenario you would have certain utility
workers with an insignia and others without it. If the goal is
to have an insignia that would help gain faster access, creating
confusion would seem to counter the goal of the legislation,
especially when no such problem seems to exist.
Arguments in support : The Communications Workers of America
state that there is currently no reliable or standardized method
by which First Responders can identify qualified utility
restoral technicians and personnel without first contacting a
utility provider who in turn must locate and dispatch employees
to the scene of a disaster. In the event of a major disaster,
response time is critical to saving lives and property.
AB 1073 will recreate a system by which First Responders can
quickly identify citizens with the skills and training needed to
help restore vital services in the event of a disaster. This
legislation will re-establish a standardized Civil Defense
Certification emblem, like one previously used widely in
California that can be affixed to a qualified utility employee's
identification card/badge.
Suggested Amendments :
1. The bill currently does not specify when the OES is
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required to develop the universal insignia. Therefore the
committee may wish to consider the following amendment
beginning on page 2, line 11:
The office shall on or after January 1, 2015, develop, in
collaboration with the Public Utilities Commission, a
universal insignia that may be displayed on badges worn by
a properly qualified and certified utility worker or
technician that shall enable the person to gain access to a
location subject to a disaster or other emergency to
provide vital utility services, including, but not limited
to, shutting off water mains, gas mains, or electric power
connections, and the suspension or restoration of utility
services.
2. Currently the bill requires every private or public
utility corporation to be responsible for determining the
qualifications and certification process for which workers
or technicians may display the insignia. This might result
in various workers with vastly different qualifications all
wearing the same insignia. In order to protect against that
condition, the committee may wish to considered the
following amendment beginning on page 2, line 11:
(b) Each private or public utility corporation The Office
of Emergency Services shall be responsible for determining
the qualification and certification process that would
allow a utility worker or technician to display the
insignia provided for in subdivision (a).
3. The Public Utilities Commission is not involved in
emergency disaster issues. The committee may therefore wish
to consider the following amendment beginning on page 2,
line 3, in order to bring the provisions of this measure
more in line with current practices.
The office shall develop, in collaboration with the Public
Utilities Commission, a universal insignia that may be
displayed on badges worn by a properly qualified and
certified utility worker or technician that shall enable
the person to gain access to a location subject to a
disaster or other emergency to provide vital utility
services, including, but not limited to, shutting off water
mains, gas mains, or electric power connections, and the
suspension or restoration of utility services.
AB 1073
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Double referral : Should AB 1073 pass the Assembly Committee on
Governmental Organization on Wednesday, April 10, 2013, this
bill will be referred to the Assembly Committee on Utilities and
Commerce for further consideration.
Prior Legislation : SB 546 (Dutton), Chapter 232, Statutes of
2005. Authorizes Cal EMA to share facilities and systems that
include businesses and non-profit organizations in a voluntary
program that integrates private sector emergency preparedness
measures into governmental disaster planning programs.
AB 2796 (Nava), Chapter 124, Statutes of 2006. Authorizes Cal
EMA developed a web registry for businesses and non-profits who
desire liability protection if they donate supplies, equipment,
trucks, facilities, points of dispensing locations, etc. during
a local or state proclaimed emergency.
REGISTERED SUPPORT / OPPOSITION :
Support
California Labor Federation
California State Firefighter's Association
Communications Workers of America
Utility Workers Union of America, Local 132
Opposition
None on file
Analysis Prepared by : Felipe Lopez / G. O. / (916) 319-2531