BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 1417| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- THIRD READING Bill No: SB 1417 Author: Jackson (D), et al. Amended: As introduced Vote: 21 SENATE GOVERNMENTAL ORGANIZATION COMMITTEE : 10-0, 4/22/14 AYES: Correa, Berryhill, Cannella, De León, Galgiani, Hernandez, Lieu, Padilla, Torres, Vidak SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8 SUBJECT : Emergency Management Assistance Compact SOURCE : Author DIGEST : This bill 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. ANALYSIS : Existing law: 1.Ratifies, approves, and sets forth the provisions of 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 The compact becomes inoperative on March 1, 2015, and as of January 1, 2016, is repealed. CONTINUED SB 1417 Page 2 2.Provides that the state shall indemnify and make whole any officer or employee resident of California, or his/her heirs, injured or killed in another state when rendering aid pursuant to EMAC, as if the act(s) occurred in California, less any recovery obtained under the tort laws of the host state. 3.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 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. 4.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. This bill extends the date on which the state's ratification and approval of 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. Background 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 ICDDC 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. California enacted AB 823 (Nava, Chapter 233, Statutes of 2005) CONTINUED SB 1417 Page 3 to adopt EMAC which became effective September 2005. In 2007, AB 1564 (Nava, Chapter 414) extended the EMAC sunset date for a period of five years. In 2011, AB 1420 (Assembly Governmental Organization Committee, Chapter 413) extended the EMAC sunset date until January 1, 2016. This bill proposes to further extend the EMAC sunset by an additional three years. Specifically, this bill 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 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 EMAC. Without EMAC aid, California would not have been able to fight the large firestorm effectively. In 2013, California also received firefighting resources and emergency CONTINUED SB 1417 Page 4 assistance from numerous states during the Rim Fire near Yosemite. FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes Local: No SUPPORT : (Verified 5/5/14) Governor's Office of Emergency Services California Professional Firefighters California State Sheriffs' Association ARGUMENTS IN SUPPORT : 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 will 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. MW:nl 4/25/14 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END **** CONTINUED