BILL ANALYSIS Ó
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Date of Hearing: April 8, 2015
ASSEMBLY COMMITTEE ON GOVERNMENTAL ORGANIZATION
Adam Gray, Chair
AB 18
Dodd - As Amended March 12, 2015
SUBJECT: Disaster relief: South Napa Earthquake
SUMMARY: This urgency measure, adds the South Napa Earthquake
that occurred on August 24, 2014 to the list of disasters
eligible for full state reimbursement of the local agency costs
under the California Disaster Assistance Act (CDAA or Act).
Specifically, this bill:
1) Adds the South Napa Earthquake in August 2014, to the list
of disasters for which the state share of state eligible costs
is 100 percent under the Act.
2) Contains an urgency clause.
EXISTING LAW:
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1) Provides under the Act, that the state must pay 75% of the
non-federal share of eligible costs for any state-declared
emergency.
2) Prohibits the state share for any eligible project from
exceeding 75% of total state eligible costs unless the local
agency is located within a city, county, or city and county that
has adopted a local hazard mitigation plan, in accordance with
the federal Disaster Mitigation Act of 2000, as part of the
safety element of its general plan, as specified.
3) Provides for certain disasters that allow the state to cover
up to 100% of the non-federal eligible costs. (e.g., 1989 Loma
Prieta earthquake, 1991 East Bay Fire, 1994 Northridge
earthquake, the 2001 Southern California wildfires, and the 2003
San Simeon earthquake).
FISCAL EFFECT: Unknown
COMMENTS:
The California Disaster Assistance Act (Act) is California's
state disaster assistance program. The Act reimburses local
governments for debris removal, emergency work, and repair or
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replacement of public facilities damaged by a disaster upon a
Governor's proclamation. The state share of eligible expenses
is 75%, and local jurisdictions are responsible for the
remaining 25%. When there is a federal declaration, the Federal
Emergency Management Agency (FEMA) pays 75% and the state pays
75% of the remaining 25%. In recent federally declared
disasters, it has been the Legislature's practice to increase
the Act funding to 100% so that the state would pay the entire
remaining 25% nonfederal share of eligible costs. The
Legislature usually has not increased the Act funding to 100%
for state-only disasters that are not federally declared.
In 2006, the Legislature enacted AB 2140 (Hancock) Chapter 739,
Statutes of 2006, which was designed to promote the adoption of
local hazard mitigation plans (LHMP) that meet specified federal
standards. Under this provision, a local jurisdiction is not
eligible for the 100% cost share under the Act unless it is
located within a city and/or county that has adopted an LHMP as
part of the safety element of its general plan.
According to the author's office, Napa and Sonoma County have
adopted an LHMP pursuant to existing law, and are eligible to
receive the full 100% share of costs.
Purpose of the bill : On August 24, 2014, a 6.1 magnitude
earthquake centered in Napa County caused severe damage in that
county and the surrounding counties of Solano and Sonoma. The
earthquake caused structural damage to public and private
buildings. The quake was the strongest to hit the San Francisco
Bay area since a magnitude-6.9 earthquake in 1989. The quake
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damaged critical infrastructure, including power lines, water
mains and gas lines and sparked gas-fed fires that destroyed
several mobile homes. The worst damage came near the epicenter
in downtown Napa, where a post office, library and a 141-room
hotel were among 150 homes and buildings deemed unsafe to
occupy.
On the day of the earthquake, Governor Brown issued an emergency
proclamation for the state of California due to the effects of
the earthquake and continued aftershocks. The Governor
declared, "Under the provisions of the California Government
Code, I find that conditions of extreme peril to the safety of
persons and property exists in Napa, Solano, and Sonoma counties
due to these events."
On September 11, 2014, President Obama declared an earthquake
emergency that made federal dollars available to public agencies
for earthquake damage. The federal government will pay 75
percent of eligible costs. Of the remaining 25 percent, the
state is to pay 75 percent and local agencies 25 percent.
The City of Napa estimates the earthquake caused at least $300
million in damage to privately owned homes and commercial
properties, and $58 million in damage to public infrastructure.
According to information provided by the author's office, the
remaining 25 percent of non-federally reimbursed costs to Napa
and Solano Counties, as well as the cities of Vallejo and Napa,
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could approach $5 million. Without disaster relief assistance,
it will be difficult for the impacted cities to pay for damage
repairs that are were not covered by federal and state disaster
assistance.
According to the author's office, this bill will continue a
well-established practice of the state that has been in place
after previous major disasters, such as the Loma Prieta and
Northridge earthquakes, as well as the 1991 East Bay Fire. This
recent disaster came at a time when local governments are
financially strapped and this measure is intended to ensure that
local costs are reimbursed for the events surrounding the
earthquake. It is only fitting that the state covers the costs
of the local agencies in this disaster as has been done in many
previous disasters in other areas.
Prior legislation : AB 1429 (Chesbro), 2011-12 Legislative
Session, vetoed by Governor Brown. Would have added the tsunami
that affected Del Norte County in March 2011 to the list of
disasters eligible for full state reimbursement of the local
agency costs under the Act.
Governor Brown's veto message stated: "This measure would
require the state pay 100 percent of the total state eligible
costs for damages sustained to Del Norte County by the March
2011 tsunami. "The state has not paid for a local government's
share of disaster costs since 2006 and this measure would cost
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the state over $1 million. In addition, if I sign this measure,
other counties that sustain similar damages would likely request
the same relief-a precedent that the state currently cannot
afford."
SB 1537 (Kehoe), Chapter 355, Statutes of 2008. Added the
wildfires that occurred in southern California, commencing on or
about October 20, 2007, to the list of disasters eligible for
full state reimbursement of local agency costs under the Act.
SB 1764 (Kehoe), 2007-08 Session. Would have required a local
agency, on or after January 1, 2010, to obtain an annual
certification by the State Fire Marshal (SFM) to be eligible to
receive a percentage for a state share in excess of 75 percent.
Also, would have required the SFM to specify the possible
percentage a local agency may receive in excess of the 75
percent based upon certain criteria and regulations to be
promulgated by SFM on or before July 1, 2009. (Vetoed by
Governor Schwarzenegger)
SB 1308 (Cox), Chapter 400, Statutes of 2008. Included the
Angora Fire, which occurred in the Lake Tahoe Basin commencing
June 24, 2007, to the list of disasters eligible for full state
reimbursement of local agency costs under the Act.
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AB 49 (Arambula), 2007-08 Session. Would have amended the CDA
Act by adding the extreme cold weather that occurred throughout
California during the month of January 2007 to the list of
specific events eligible for full state reimbursement of local
agency costs. (Held in Assembly Appropriations Committee.)
AB 1798 (Berg), Chapter 896, Statutes of 2006. Added the severe
rainstorms that occurred in selected counties in Northern
California from December 17, 2005 to January 3, 2006, to the
list of disasters eligible for full state reimbursement of local
agency costs under the Act.
AB 2140 (Hancock), Chapter 739, Statutes of 2006. Prohibited
the state share for any eligible project from exceeding 75
percent of total state eligible costs unless the local agency is
located within a city, county, or city and county that has
adopted a local hazard mitigation plan as part of the safety
element of its general plan, as specified.
AB 2735 (Nava), Chapter 897, Statutes of 2006. Added the severe
rainstorms that occurred in selected counties in Northern
California from December 17, 2005, to January 3, 2006, to the
list of disasters eligible for full state reimbursement of local
agency costs under the Act.
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AB 164 (Nava and Bass), Chapter 623, Statutes of 2005. Added
the severe storms, flooding, debris flows, and mudslides that
occurred in the Counties of Kern, Los Angeles, Santa Barbara and
Ventura in December 2004, January 2005, February 2005, and March
2005, to the list of disasters eligible for full state
reimbursement of local agency costs under the Act.
SB 457 (Kehoe), Chapter 622, Statutes of 2005. Added the severe
rainstorms, floods, mudslides, and other events that occurred in
the Counties of Orange, Riverside, San Bernardino, and San Diego
during December 2004, January 2005, February 2005, March 2005,
and June 2005 to the list of disasters eligible for full state
reimbursement of local agency costs under the Act.
AB 1510 (Kehoe), Chapter 772, Statutes of 2004. Added the
Southern California wildfires that occurred during October and
November 2003 and the San Simeon earthquake that occurred during
December 2003 to the list of disasters eligible for full state
reimbursement of local agency costs under the Act.
SB 438 (Soto and Hollingsworth), 2003-04 Session. Would have
added the wildfires that occurred in Southern California
beginning October 21, 2003, and the December 22, 2003, San
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Simeon earthquake to the list of disasters eligible for full
state reimbursement of local agency costs. (Vetoed by the
Governor Schwarzenegger)
REGISTERED SUPPORT / OPPOSITION:
Support
California Professional Firefighters
City of Napa
Napa County Board of Supervisors
Napa County Transportation Planning Agency
Napa Valley Vintners
Opposition
None on file
Analysis Prepared by:Eric Johnson / G.O. / (916) 319-2531
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