BILL ANALYSIS Ó
Bill No: SB
1417
SENATE COMMITTEE ON GOVERNMENTAL ORGANIZATION
Senator Lou Correa, Chair
2013-2014 Regular Session
Staff Analysis
SB 1417 Author: Jackson
As Introduced: February 21, 2014
Hearing Date: April 22, 2014
Consultant: Art Terzakis
SUBJECT
Emergency Management Assistance Compact
DESCRIPTION
SB 1417 extends the date on which the state's ratification
and approval of the Emergency Management Assistance Compact
(EMAC) becomes inoperative from March 1, 2015 to March 1,
2018 and also extends the repeal date thereof from January
1, 2016 to January 1, 2019.
EXISTING LAW
Existing law ratifies, approves, and sets forth the
provisions of the EMAC, an interstate agreement that
provides for mutual assistance between states responding to
emergencies and disasters. The compact becomes inoperative
on March 1, 2015, and as of January 1, 2016, is repealed.
Existing law provides that the state shall indemnify and
make whole any officer or employee resident of California,
or his or her heirs, injured or killed in another state
when rendering aid pursuant to the compact, as if the act
or acts occurred in California, less any recovery obtained
under the tort laws of the host state.
Existing law provides that local government or special
district personnel who are officially deployed under the
provisions of EMAC pursuant to an assignment of the
Governor's Office of Emergency Services shall be defended
SB 1417 (Jackson) continued
Page 2
by the Attorney General or other legal counsel provided by
the state, and shall be indemnified subject to the same
conditions and limitations applicable to state employees.
Existing law specifies that the State of California shall
not deploy any personnel "to render aid" to a party state
for any conditions resulting from a "labor controversy,"
nor shall the state receive aid from other states for
conditions resulting from a labor controversy.
BACKGROUND
Brief History: In the 1970s, California played a major
role in creating the Interstate Civil Defense and Disaster
Compact (ICDDC), which was eventually adopted by nearly all
other states and ratified by Congress. The compact enabled
states to share emergency management resources during times
of disaster and encouraged the coordination of emergency
preparedness activities between states.
In 1992, a group of southern states initiated a project to
update the ICDDC. That project resulted in EMAC, which was
ratified by Congress in 1996 and has now been adopted by
all 50 states, including California. Upon adoption of
EMAC, many states rescinded the older ICDDC, but California
did not rescind it.
In 2005, California enacted urgency legislation (AB 823,
Nava, Chapter 233) to adopt EMAC which became effective
September of 2005. In 2007, legislation (AB 1564, Nava,
Chapter 414) extended the EMAC sunset date for a period of
five years. In 2011, another bill (AB 1420, Chapter 413)
extended the EMAC sunset date until January 1, 2016. This
measure proposes to further extend the EMAC sunset by an
additional three years. Specifically, SB 1417 stipulates
that the EMAC will cease to be operative on March 1, 2018
and will sunset on January 1, 2019.
EMAC allows states impacted by a disaster to request and
receive assistance from other member states quickly and
efficiently. Each year, California sends resources, such
as firefighting equipment, rescue aircraft, search teams,
emergency managers, and other specialized personnel and
equipment, to assist other states during disasters.
Similarly, California has received emergency assistance
SB 1417 (Jackson) continued
Page 3
from other states over the years when facing disasters such
as earthquakes and firestorms. The EMAC mutual aid system
has worked successfully and has benefitted both California
and other states in numerous situations as outlined below.
In 2005, California sent a wide assortment of emergency
personnel to New Orleans and Biloxi, Mississippi to assist
with response and recovery from Hurricane Katrina. The
resources sent included law enforcement officers from the
California Highway Patrol, personnel to help staff the
State Operations Centers, fire personnel and equipment,
various aircraft, care and shelter workers, building
inspectors, California National Guard troops, and various
medical teams.
During 2007 and 2008, California sent Swift Water Rescue
Teams and emergency management personnel to Gulf States
affected by hurricanes Rita, Ike, and Gustav.
When southern California experienced catastrophic wild
fires in 2007, the state requested EMAC assistance and a
total of forty-three (43) states sent aid to California.
Over 27,000 out-of-state firefighters were deployed to
California to help with firefighting and fire prevention
efforts. This is the largest and most significant instance
of California receiving aid through the EMAC. Without the
EMAC aid, California would not have been able to fight the
large firestorm effectively. In 2013, California also
received firefighting resources and emergency assistance
from numerous states during the Rim Fire near Yosemite.
Purpose of SB 1417: The author's office notes that if
California's EMAC provision is allowed to sunset, no
established process beyond ad hoc state-to-state agreements
will be in place to allow California to receive or provide
assistance should another large scale event occur, and
would place California in the unfortunate position of being
the only state in the country without EMAC. The author's
office emphasizes that continuation of EMAC will allow
uninterrupted sharing of resources between California and
the rest of the country.
PRIOR/RELATED LEGISLATION
AB 1420 (Committee on Governmental Organization), Chapter
413, Statutes of 2011. Extended the sunset date for the
SB 1417 (Jackson) continued
Page 4
state's ratification and approval of EMAC until January 1,
2016.
AB 1564 (Nava), Chapter 414, Statutes of 2007. Extended
the sunset date for the state's ratification and approval
of EMAC from January 1, 2008, to January 1, 2013. In
addition, prohibited the state from giving or receiving
assistance for any condition resulting from a labor
controversy.
SB 548 (Hollingsworth), Chapter 127, Statutes of 2007.
Extended the July 1, 2007 sunset for the Disaster
Response-Emergency Operations Account (DREOA) to January 1,
2009.
SB 1102 (Hollingsworth), Chapter 561, Statutes of 2005.
Extended the sunset date applicable to the DREOA within the
Special Fund for Economic Uncertainties from January 1,
2006 to July 1, 2007.
AB 823 (Nava), Chapter 233, Statutes of 2005. Until March
1, 2007, ratified, approved, and set forth the provisions
of the EMAC. Also, among other things, required the state
to indemnify and make whole any officer or employee who is
a resident of California, or his or her heirs, if the
officer or employee is injured or killed in another state
when rendering aid pursuant to the compact.
SB 1102 (Budget Committee), Chapter 227, Statutes of 2004.
Among other things, continued until January 1, 2006 the
DREOA within the Special Fund for Economic Uncertainties
and allocated $1 million to the Account at the beginning of
each fiscal year.
SUPPORT: As of April 17, 2014:
Governor's Office of Emergency Services
California Professional Firefighters
California State Sheriffs' Association
OPPOSE: None on file as of April 17, 2014.
FISCAL COMMITTEE: Senate Appropriations Committee
**********
SB 1417 (Jackson) continued
Page 5