BILL ANALYSIS Ó SENATE COMMITTEE ON GOVERNMENTAL ORGANIZATION Senator Isadore Hall, III Chair 2015 - 2016 Regular Bill No: AB 1346 Hearing Date: 6/14/2016 ----------------------------------------------------------------- |Author: |Gray | |-----------+-----------------------------------------------------| |Version: |5/31/2016 Amended | ----------------------------------------------------------------- ------------------------------------------------------------------ |Urgency: |Yes |Fiscal: |Yes | ------------------------------------------------------------------ ----------------------------------------------------------------- |Consultant:|Felipe Lopez | | | | ----------------------------------------------------------------- SUBJECT: Office of Emergency Services: State Emergency Plan and statewide earthquake early warning system DIGEST: This bill discontinues the requirements that the funding sources for the earthquake early warning system in California exclude the General Fund. Additionally, the bill 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. ANALYSIS: Existing law: 1)Requires the Governor to coordinate the SEP and any programs necessary for the mitigation of the effects of an emergency in this state, as specified. 2)Requires OES to update the SEP, on or before July 31, 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. 3)Requires OES, in collaboration with specified entities, to develop a comprehensive statewide earthquake early warning system in California through a public-private partnership, as specified. AB 1346 (Gray) Page 2 of ? 4)Requires OES to identify funding for the system through single or multiple sources of revenue, and requires those sources to exclude the General Fund and to be limited to federal funds, funds from revenue bonds, local funds, and funds from private sources. 5)Specifies that the requirement that OES develop the earthquake early warning system is not operative until funding is identified, and is repealed if funding is not identified by July 1, 2016. This bill: 1)Discontinues the requirement that the funding sources for the earthquake early warning system exclude the General Fund and be limited to federal funds, funds from revenue bonds, local funds, and funds from private sources. 2)Deletes the provisions providing for the repeal and the contingent operation of the requirement that OES develop the earthquake early warning system. 3)Requires OES to update the SEP on or before January 1, 2018, and five years thereafter. 4)Requires the SEP to be consistent with the following state climate adaption strategies: a) The Safeguarding California Plan published by the Natural Resources Agency. b) The California Climate Adaption Planning Guide published by the Natural Resources Agency and the Office of Emergency Services. c) To the extent applicable, the Internet Web site cal-adapt.org published by the State Energy Resources Conservation and Development Commission. Background Purpose of the bill. According to the author, "in 2013, SB 135 (Padilla) was enacted to require OES to develop a comprehensive statewide earthquake early warning system. The law prohibits the use of General Funds and requires the funding to come from public-private partnerships. Unfortunately, those partnerships AB 1346 (Gray) Page 3 of ? and funding have yet to materialize. Funding a statewide earthquake early warning system to help save lives and protect the public before temblors strike is essential to public safety and merits the use of public funds." As part of the Fiscal Year 2016-17 budget, Governor Brown has proposed a $10 million allocation for an earthquake early warning system in California. However, because current law prohibits the use of General Funds, this bill is needed to allow the $10 million to be allocated. How do Earthquake Early Warning Systems Work. While earthquakes cannot be predicted or prevented, using advanced science and technology has in the past detected seismic activity and provided advanced warning. The objective of earthquake early warning systems is to rapidly detect the occurrence of an earthquake, estimate the level of ground shaking to be expected, issue a warning before significant ground shaking begins, and estimate the location and the magnitude of the earthquake. This is not the same as earthquake prediction, which currently is not possible. When an earthquake occurs, the earthquake produces different types of shock waves, which travel at different speeds. The fastest and weakest of these waves are called P-waves. Technology exists that can detect the energy from P-waves to estimate the location and the magnitude of the earthquake. This method can provide warning before the more destructive S-wave arrives. The S-wave is responsible for most of the strong shaking that usually creates the most damage during earthquakes. 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. Studies on earthquake early warning methods in California concluded that the warning time would range from a few seconds to a few tens of seconds, depending on the distance from the earthquake epicenter. However, very large earthquakes emanating from the San Andreas Fault could produce significantly more warning time because the affected area would be much larger. AB 1346 (Gray) Page 4 of ? Regardless of the warning time, earthquake early warning systems can provide adequate time to slow down and stop trains, stop cars from entering tunnels, automatically shut down dangerous machinery, and countless other benefits. Taking such actions before an earthquake arrives can reduce damage and casualties during and after an earthquake. Earthquake early warning systems are currently in place in Japan and Mexico and many other countries throughout the world are currently in the process of developing such systems. Overview of SB 135. In 2013 the California Legislature passed and the Governor signed SB 135 (Chapter 342, Statutes of 2013), which requires OES in collaboration with various entities, to develop a comprehensive statewide earthquake early warning system in California. The bill further requires OES to identify funding for the system but specifically prohibits General Fund money to be used. SB 135 also specifies that if funding is not identified by January 1, 2016, the provisions of the bill will be repealed. A later bill, SB 494 (Chapter 799, Statues of 2015), delayed this dateline to July 1, 2016. OES is currently in the process of identifying funding for the project and has set up a working group composed of the United State Geological Survey, the California Geological Survey, California Seismic Safety Commission, UC Berkeley Seismological Laboratory, California Institute of Technology as well as other interest groups to establish best practices for an earthquake early warning system in California. The California Geological Survey (CGS) estimates its costs associated with developing the system would be approximately $23 million in the first year and approximately $16 million annually thereafter. These costs include realigning CGS' ground stations, purchasing additional instrumentation, upgrading existing instrumentation and communications networks, and staffing the system 24 hours a day, seven days a week. State Emergency Plan. The SEP addresses the state's response to extraordinary emergency situations associated with natural disasters or human-caused emergencies. In accordance with the California Emergency Services Act, the plan 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 AB 1346 (Gray) Page 5 of ? informed and the process to ensure continuity of government during and emergency or disaster. The SEP is a management document intended to be read and understood before an emergency occurs. It is designed to outline the activities of all California jurisdictions within a statewide emergency management system and embraces the capabilities and resources in the broader emergency management community that includes individuals, businesses, non-governmental organizations, tribal governments, other states, federal government and international assistance. Prior/Related Legislation SB 494 (Hill, Chapter 799, Statues of 2015) created the California Earthquake Safety Fund to be used for seismic safety and earthquake-related programs, including the earthquake early warning system and requires the identification of funding of the earthquake early warning system to occur by July 1, 2016. AB 918 (Cooley, Chapter 187, Statutes of 2013) required OES, on or before July 1, 2015, to update the 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. SB 31 (Padilla Chapter 342, Statutes of 2013) required OES, in collaboration with various entities, to develop a comprehensive statewide earthquake early warning system in California. AB 928 (Blakeslee, 2009) would have required the High-Speed Rail Authority to develop an earthquake early warning system and coordinate development of that system with various state agencies. (Held in Assembly Governmental Organization Committee) FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No SUPPORT: American Red Cross California Fire Chiefs Association AB 1346 (Gray) Page 6 of ? California State Firefighters' Association City of Los Angeles Computing Technology Industry Association Fire Districts Association of California San Francisco Bay Area Rapid Transit District Silicon Valley Leadership Group OPPOSITION: None received ARGUMENTS IN SUPPORT: According to the American Red Cross, "an earthquake early warning system is crucial in California, as it is the second most seismologically active state, where a large portion of the annual national monetary losses resulting from earthquakes occur. Funding is needed to install the necessary seismic sensors, employ the telecommunications technology, and to implement the system in an efficient, working manner"