BILL ANALYSIS                                                                                                                                                                                                    Ó



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          ASSEMBLY THIRD READING


          AB  
          1346 (Gray)


          As Amended  January 26, 2016


          Majority vote


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          |Committee       |Votes|Ayes                  |Noes                |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Governmental    |20-0 |Gray, Linder,         |                    |
          |Organization    |     |Achadjian, Alejo,     |                    |
          |                |     |Bigelow, Cooley,      |                    |
          |                |     |Cooper, Daly,         |                    |
          |                |     |Cristina Garcia,      |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |                |     |Eduardo Garcia,       |                    |
          |                |     |Gipson,               |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |                |     |Roger Hernández,      |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |                |     |Jones-Sawyer, Levine, |                    |
          |                |     |Mayes, Perea, Salas,  |                    |
          |                |     |Steinorth, Waldron,   |                    |
          |                |     |Wilk                  |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|








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          |Appropriations  |17-0 |Gomez, Bigelow,       |                    |
          |                |     |Bloom, Bonilla,       |                    |
          |                |     |Bonta, Calderon,      |                    |
          |                |     |Chang, Daly, Eggman,  |                    |
          |                |     |Gallagher, Eduardo    |                    |
          |                |     |Garcia, Holden,       |                    |
          |                |     |Jones, Quirk, Wagner, |                    |
          |                |     |Weber, Wood           |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
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          SUMMARY:  Requires the Office of Emergency Services (OES) to  
          update the State Emergency Plan (SEP) on or before January 1,  
          2018, and every five years thereafter.  Specifically, this bill:


          1)Provides OES shall update the State Emergency Plan on or  
            before January 1, 2018, and every five years thereafter.




          2)Specifies to the extent applicable, OES shall ensure SEP is  
            consistent with the following state climate adaptation  
            strategies:




             a)   The Safeguarding California Report published by the  
               Natural Resources Agency;




             b)   The California Adaptation Planning Guide published by  
               the Natural Resources Agency;








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             c)   Cal-Adapt, the website published by the California  
               Energy Commission.


          EXISTING LAW:  


          1)Establishes OES by the Governor's Reorganization Plan No. 2,  
            operative July 1, 2013.


          2)Requires OES to perform a variety of duties with respect to  
            specified emergency preparedness, mitigation, and response  
            activities in the state, including emergency medical services.


          3)Specifies that SEP shall be in effect in each political  
            subdivision of the state, and the governing body of each  
            political subdivision shall take such action as may be  
            necessary to carry out the provisions thereof.


          4)Requires the Governor to coordinate SEP and those programs  
            necessary to mitigate the effects of an emergency. 


          5)Requires the Governor to coordinate the preparation of plans  
            and programs for the mitigation of the effects of an emergency  
            by the political subdivisions of the State of California, such  
            plans and programs to be integrated into and coordinated with  
            SEP and the plans and programs of the federal government and  
            of other states to the fullest possible extent.


          6)Specifies that the Governor may, in accordance with SEP,  








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            authorize programs for the mitigation of the effects of an  
            emergency, as specified.


          7)Requires OES to update SEP, on or before January 1, 2015, to  
            include proposed best practices for local governments and  
            nongovernmental entities to use to mobilize and evacuate  
            people with disabilities and others with access and functional  
            needs, during an emergency or natural disaster.


          FISCAL EFFECT:  According to the Assembly Appropriations  
          Committee, absorbable state costs.


          COMMENTS:  


          Purpose of the bill:  According to the author's office, this  
          bill will help to ensure the SEP reflects recent advances in  
          emergency management capabilities and changes in the Emergency  
          Services Act (Act).  OES currently follows the Federal Emergency  
          Management Agency's Comprehensive Preparedness Guide 101 for the  
          State Emergency Plan, which requires revisions every three  
          years.  (OES completed formal updates to the plan in 2009 and  
          2012, and expects to complete the next formal update this year.)


          An updated SEP can take into consideration developments in  
          mitigation, preparedness, response, and recovery activities.  In  
          addition, revision of this plan will reflect changes in the  
          structure and function of California governmental agencies.   
          This includes changes in roles, responsibilities, and the  
          addition of new departments.  Revisions to SEP would also  
          reflect federal government agency roles, which have changed  
          and/or been modified.


          The author's office states, California has long been a leader in  








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          preparing for emergencies and disasters, both natural and  
          human-caused.  An updated SEP will further provide a framework  
          for the best possible management of emergencies and assistance  
          to all Californians when disaster strikes.


          Background:  


          Disaster Acts in California:  The California Disaster Act  
          (Disaster Act) was enacted by the State Legislature in 1945.   
          The Disaster Act combined responsibility for planning and  
          preparing for emergencies, whether natural, technological and  
          human-caused into a single state agency.  The Act was enacted in  
          1970 to supersede the Disaster Act.  The new Act established the  
          Governor's OES with a Director reporting to the Governor.  OES  
          was given responsibility to coordinate statewide emergency  
          preparedness, post emergency recovery and mitigation efforts,  
          and the development, review, approval, and integration of  
          emergency plans.


          State Emergency Plan:  On June 23, 2009, Governor Arnold  
          Schwarzenegger promulgated the 2009 edition of the SEP.  The  
          plan, in accordance with the Act addresses the state's response  
          to extraordinary emergency situations associated with natural  
          disasters or human-caused emergencies.  SEP is a management  
          document intended to be read and understood before an emergency  
          occurs.  In accordance with the Act, the SEP describes the  
          methods for carrying out emergency operations, the process for  
          rendering mutual aid, the emergency services of governmental  
          agencies, how resources are mobilized, how the public will be  
          informed and the process to ensure continuity of government  
          during an emergency or disaster.


          It is designed to outline the activities of all California  
          jurisdictions within a statewide emergency management system and  
          it embraces the capabilities and resources in the broader  








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          emergency management community that includes individuals,  
          businesses, non-governmental organizations, tribal governments,  
          other states, federal government and international assistance. 


          Prior legislation:  AB 918 (Cooley), Chapter 187, Statutes of  
          2013.  Required OES, on or before July 31, 2015, to update SEP  
          to include proposed best practices for local governments and  
          nongovernmental entities to use to mobilize and evacuate people  
          with disabilities and others with access and functional needs  
          during an emergency or natural disaster.


          AB 2327 (Caballero), Chapter 361, Statutes of 2008.  Required  
          disaster-related services and assistance agencies to strive to  
          ensure that all victims receive the assistance they need and for  
          which they are eligible.  Required public employees to assist  
          evacuees and others in securing disaster-related assistance and  
          services without eliciting any information or document that is  
          not strictly necessary to determine eligibility under state and  
          federal laws. 


          AB 1421 (Levine), of the 2007-08 Regular Session.  Required OES  
          to develop a requirement for specified local agencies to develop  
          a registry for each California County of elderly and non-elderly  
          disabled so that those people could be notified and assisted in  
          evacuations.  (Held in the Assembly Appropriations Committee) 


          SB 1451 (Kehoe), Chapter 600, Statutes of 2006.  Required the  
          Director of OES to appoint representatives of the disabled  
          community to serve on State Emergency Management System  
          committees, ensure committee recommendations include the needs  
          of people with disabilities, produce a report containing  
          recommendations for evacuating the disabled, and work on  
          producing informational materials. 










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          Analysis Prepared by:                                             
                          Eric Johnson / G.O. / (916) 319-2531  FN:  
          0002587