BILL ANALYSIS                                                                                                                                                                                                    Ó


          |SENATE RULES COMMITTEE            |                        SB 135|
          |Office of Senate Floor Analyses   |                              |
          |1020 N Street, Suite 524          |                              |
          |(916) 651-1520         Fax: (916) |                              |
          |327-4478                          |                              |
                                 UNFINISHED BUSINESS

          Bill No:  SB 135
          Author:   Padilla (D), et al.
          Amended:  9/11/13
          Vote:     21

          AYES:  Wright, Nielsen, Berryhill, Calderon, Cannella, Correa,  
            De León, Galgiani, Hernandez, Lieu, Padilla

          AYES:  Pavley, Cannella, Evans, Fuller, Hueso, Jackson, Lara,  
            Monning, Wolk

           SENATE APPROPRIATIONS COMMITTEE  :  7-0, 5/23/13
          AYES:  De León, Walters, Gaines, Hill, Lara, Padilla, Steinberg

           SENATE FLOOR  :  39-0, 5/28/13
          AYES:  Anderson, Beall, Berryhill, Block, Calderon, Cannella,  
            Corbett, Correa, De León, DeSaulnier, Emmerson, Evans, Fuller,  
            Gaines, Galgiani, Hancock, Hernandez, Hill, Hueso, Huff,  
            Jackson, Knight, Lara, Leno, Lieu, Liu, Monning, Nielsen,  
            Padilla, Pavley, Price, Roth, Steinberg, Torres, Walters,  
            Wolk, Wright, Wyland, Yee
          NO VOTE RECORDED:  Vacancy

           ASSEMBLY FLOOR  :  Not available

           SUBJECT  :    Earthquake early warning system

           SOURCE  :     Author



                                                                     SB 135

           DIGEST  :    This bill makes various findings and declarations  
          relative to the nature of earthquakes and early warning  
          technology and requires the Office of Emergency Services (OES),  
          in collaboration with the California Institute of Technology  
          (Caltech), the California Geological Survey (CGS), the  
          University of California, the U.S. Geological Survey (USGS), the  
          Alfred E. Alquist Seismic Safety Commission (SSC), and others,  
          to develop a comprehensive statewide earthquake early warning  
          (EEW) system in California and requires the system to include  
          certain features, including the installation of field sensors;  
          and makes these provisions contingent upon OES identifying  
          funding sources for the system, as provided.  If no funding  
          sources are identified by January 1, 2016, these provisions are  

           Assembly Amendments  add the SSC to the list of entities required  
          to collaborate with the OES in the development of the EEW  
          system; requires OES to develop an approval mechanism; prohibit  
          OES from identifying the General Fund as a funding source; state  
          legislative intent; and make technical and clarifying changes.

           ANALYSIS  :    

          Existing law:

           1. Provides for the California Emergency Services Act requiring  
             the Director of OES to coordinate the emergency activities of  
             all state agencies during an emergency.

           2. Provides for the establishment of a Standardized Emergency  
             Management System for use by all emergency response agencies.

           3. Provides that OES shall coordinate the activities of all  
             state agencies relating to preparation and implementation of  
             the State Emergency Plan, the response efforts of state and  
             local agencies and the integration of federal resources into  
             state and local response and recovery operations.

           4. Establishes the CGS which provides scientific products and  
             services about the state's geology, seismology and mineral  
             resources including their related hazards, which affect the  
             health, safety, and business interests of the people of  
             California.  The CGS creates and maintains the California  



                                                                     SB 135

             Integrated Seismic Network (CISN) "ShakeMaps." 

           5. Requires that safety elements of local general plans protect  
             communities from any unreasonable risks associated with the  
             effects of, amongst others, earthquakes and tsunamis, and  
             include mapping of known seismic and other geological  

           6. Provides for the 20-member SSC which was established with  
             the passage of the Seismic Safety Commission Act of 1975, in  
             response to the devastation following the Sylmar Earthquake  
             of 1971, after an ad hoc committee recognized the need for a  
             continuing effort to build the state's infrastructure to  
             resist future earthquakes.  The SSC is charged with  
             investigating earthquakes, advising the Governor, Legislature  
             and state and local government on ways to reduce earthquake  
             risk and ensuring a coordinated framework for establishing  
             earthquake safety policies and programs in California.  

          This bill:

          1. Makes legislative findings and declarations relating to  
             California seismic activity/forecast, the Pacific Ring of  
             Fire, and EEW systems.

          2. Requires OES, in collaboration with Caltech, UC, USGS, CGS,  
             SSC, and other stakeholders, to develop a comprehensive  
             statewide EEW system through a public-private, partnership in  
             California that includes, but is not limited to, (a)  
             installation of field sensors, (b) improvement of field  
             telemetry, (c) construction and testing of central processing  
             and notification centers, (d) establishment of warning  
             notification distribution paths to the public, and (e)  
             integration of EEW education with general earthquake  
             preparedness efforts.

          3. Requires OES to identify funding for the system through  
             single or multiple sources of revenue, including, but not  
             limited to, federal funds, funds from revenue bonds, local  
             funds, and private grants.

          4. Provides that #2 above shall not become operative until OES  
             identifies funding pursuant to #3 above.



                                                                     SB 135

          5. Requires OES, in consultation with stakeholders, to develop  
             an approval mechanism to review compliance with EEW standards  
             as they are developed.  Requires the development of an  
             approval mechanism to include input from a broad  
             representation of EEW stakeholders.  Requires that the  
             approval mechanism (a) ensure appropriate standards, (b)  
             determine the degree to which the standards apply to  
             providers and components of the system, (c) determine methods  
             to ensure compliance with the standards, and (d) determine  
             requirements for participation in the system.

          6. Prohibits OES from identifying the General Fund as a funding  
             source for the purpose of establishing the EEW system.

          7. Provides that if funding is not identified, as specified, by  
             January 1, 2016, the provisions of the bill are repealed  
             unless a later enacted statute, that is enacted before  
             January 1, 2016, deletes or extends that date.

          8. Requires OES to file with the Secretary of State its  
             determination that funding was not identified, as specified.

           EEW system  .  When an earthquake occurs, seismic waves radiate  
          from the epicenter like waves on a pond - it is these waves we  
          feel as earthquake shaking which causes damage to structures.   
          The technology exists to detect moderate to large earthquakes so  
          quickly that a warning can be sent to locations outside the area  
          where the earthquake begins before these destructive waves  
          arrive.  The amount of warning time at a particular location  
          depends on the distance from the earthquake epicenter.   
          Locations very close to the earthquake epicenter will receive  
          relatively little or no warning whereas locations far removed  
          from the earthquake epicenter would receive more warning time  
          but may not experience damaging shaking.  For those locations in  
          between, the warning time could range from seconds to minutes. 

          Currently, there are two approaches to EEW - the "single  
          station" (or on-site) approach and the "network" approach.  In  
          the single-station approach, a single sensor detects the arrival  
          of the faster but weaker seismic wave (P-wave) and warns before  
          the arrival of the slower, more destructive seismic wave  
          (S-wave).  This approach is relatively simple, but some would  



                                                                     SB 135

          argue it is less accurate and more prone to false alerts  
          compared to the network approach.

          The network approach utilizes many seismic sensors that are  
          distributed across a wide area where earthquakes are likely to  
          occur.  This network of sensors sends data to a central site  
          where ground motion signals are analyzed, earthquakes are  
          detected and warnings are issued.  The network approach is  
          considered to be slower, but more reliable than the on-site  
          approach.  This is because it uses information from many  
          stations to confirm that the ground motion detected is actually  
          from an earthquake and not from some other source of vibration.

           CISN  .  The CISN, a collaborative effort between Caltech, UC  
          Berkeley, USGS, California Emergency Management Agency (CalEMA)  
          and CGS, currently operates a network of hundreds of seismic  
          sensors in California to monitor and notify earthquake activity  
          in this State.  The CISN is primarily funded by USGS, CalEMA,  
          and CGS.   The CISN generates and distributes ShakeMaps and  
          other products for emergency response, post-earthquake recovery,  
          earthquake engineering, and seismological research.

           Ring of Fire  .  California is in the heart of the Pacific Ring of  
          Fire which includes the very active San Andreas Fault zone which  
          is more than 800 miles long and extends to depths of at least 10  
          miles within the Earth.  Geological studies show that over the  
          past 1,400 to 1,500 years large earthquakes have occurred at  
          about 150-year intervals on the southern San Andreas Fault - the  
          last such large quake in 1857.

          According to a 2008 analysis from the Uniform California  
          Earthquake Rupture Forecast, California has a 99.7% chance of  
          having a 6.7 magnitude earthquake and a 94% likelihood of a 7.0  
          magnitude earthquake during the next 30 years.  In addition, the  
          USGS released a report that showed a 7.8 magnitude earthquake on  
          the southern Andreas Fault would cause 2,000 deaths and $200  
          billion in damage, with severe and long lasting disruption. 

          Early warning systems are in place, or in the works, in a number  
          of earthquake prone nations including Japan, Taiwan, Mexico,  
          Turkey, Italy, China, and Romania.  Japan turned on the first  
          publicly available nationwide EEW system in 2007, and on March  
          11, 2011, it had its first true test during the 9.0 magnitude  
          Tohoku earthquake off the coast of Sendai.  Earthquake warnings  



                                                                     SB 135

          were automatically broadcast on television and radio and 52  
          million people received their warning via smartphones - millions  
          more downloaded the early warning app after the quake to receive  
          warnings in advance of large aftershocks.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  No

          According to the Senate Appropriations Committee:

           Initial estimated costs of approximately $80 million over five  
            years (likely $20-$25 million in the first year, and $12-$15  
            million for the remaining four years) to establish a statewide  
            EEW system (federal/local/private).  This assumes an expansion  
            of the current CISN, rather than building a warning system  
            from the ground up. 

           Initial OES staffing costs of $399,000 annually (two Research  
            Specialist II positions) to support the development of the  

           SUPPORT  :   (Verified  9/11/13)

          AtHoc, Inc.
          California Institute of Technology
          Cities of Baldwin Park, Bell Gardens, Beverly Hills, Coalinga,  
          Encinitas, Grover 
               Beach, Irvine, Los Angeles, Rancho Cordova, San Luis  
          Obispo, South El 
               Monte, Watsonville, and Winters
          City and County of San Francisco
          City of Chula Vista, Councilman Rudy Ramirez
          City of Culver City, Mayor Jeffrey Cooper
          City of Martinez, Mayor Rob Schroder
          City of Pasadena, Mayor Bill Bogaard
          City of Walnut Creek, Mayor Cindy Silva
          City of West Hollywood, Mayor Abbe Land
          Counties of San Luis Obispo and San Mateo
          ISTI (Sarasota Springs, NY)
          Metropolitan Water District of Southern California
          Town of Los Altos Hills
          University of California
          University of California, Berkeley



                                                                     SB 135

           OPPOSITION  :    (Verified  9/11/13)

          Department of Finance

           ARGUMENTS IN SUPPORT  :    According to the author, "while  
          earthquakes cannot be predicated or prevented, using advanced  
          science and technology we can detect seismic activity to provide  
          an advanced warning, save lives and help mitigate damage.   
          California currently has the California Integrated Seismic  
          Network (CISN), which is a demonstration EEW system.  A fully  
          developed system would process data from an array of sensors  
          throughout the state.  The system would effectively detect the  
          strength and the progression of earthquakes, alert the public  
          within seconds and provide up to 60 seconds advanced warning  
          before potentially damaging ground shaking is felt.  Earthquake  
          early warning systems not only alert the public, they also speed  
          the response of police, fire and other safety personnel by  
          quickly identifying areas hardest hit by the quake."

           ARGUMENTS IN OPPOSITION  :    The Department of Finance states  
          that this bill will result in additional General Fund costs that  
          are not included in the Administration's current fiscal plan.  
          MW:d  9/12/13   Senate Floor Analyses 

                           SUPPORT/OPPOSITION:  SEE ABOVE

                                   ****  END  ****