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
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|Author: |Gray |
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|Version: |5/31/2016 Amended |
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|Urgency: |Yes |Fiscal: |Yes |
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|Consultant:|Felipe Lopez |
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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identified, and is repealed if funding is not identified by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
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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"