BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON GOVERNMENTAL ORGANIZATION
                              Senator Isadore Hall, III
                                        Chair
                                2015 - 2016  Regular 

          Bill No:           AB 2311          Hearing Date:    6/28/2016
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          |Author:    |Brown                                                |
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          |Version:   |5/27/2016    Amended                                 |
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          |Urgency:   |No                     |Fiscal:      |Yes             |
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          |Consultant:|Felipe Lopez                                         |
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          SUBJECT: Emergency services:  access and functional needs in  
          emergencies


            DIGEST:    This bill requires each political subdivision of the  
          state to integrate access and functional needs, as defined, into  
          its emergency plan.

          ANALYSIS:
          
          Existing law:
          
          1)Establishes the Office of Emergency Services (OES) which is  
            responsible for the state's emergency and disaster response  
            services for natural, technological, or manmade disasters and  
            emergencies. 

          2)Requires OES to work with specified entities to improve  
            communication with deaf and hearing-impaired persons during  
            emergencies.

          3)Specifies that "political subdivision" includes any city, city  
            and county, county, district, or other local governmental  
            agency or public agency authorized by law. 

          4)Defines "emergency plans" to mean those official and approved  
            documents which describe the principles and methods to be  
            applied in carrying out emergency operations or rendering  
            mutual aid during emergencies.  These plans include such  







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            elements as continuity of government, the emergency services  
            of governmental agencies, mobilizations of resources, mutual  
            aid, and public information.

          This bill:

          1)Requires each political subdivision to integrate access and  
            functional needs into its emergency plan by addressing, at a  
            minimum, how the access and functional needs population is  
            served by the following:
             a)   Emergency communications, including the integration of  
               interpreters, translators, and assistive technology.
             b)   Emergency evacuation, including the identification of  
               transportation resources that are compliant with the  
               federal American with Disabilities Act of 1990 (ADA) for  
               individuals who are dependent on public transportation.
             c)   Emergency sheltering, including ensuring that designated  
               shelters are compliant with ADA or can be made compliant  
               through modification and that showers and bathrooms are  
               fully accessible to all occupants. 

          2)Specifies that "access and functional needs population"  
            consists of individuals who have developmental or intellectual  
            disabilities, physical disabilities, chronic conditions,  
            injuries, limited English proficiency or who are non-English  
            speaking, older adults, children, people living in  
            institutionalized settings, or those who are low income,  
            homeless, or transportation disadvantaged, including, but not  
            limited to, those who are dependent on public transit or those  
            who are pregnant.

          Background

          Purpose of the bill.  According to the author, "despite ADA  
          requirements and the existence of OES' Office of Access and  
          Functional Needs (OAFN), local governments and officials are not  
          integrating access and functional needs within their emergency  
          processes when they deliver actionable information to the public  
          during disasters and emergencies.  This oversight violates ADA  
          and places the health and safety of California's access and  
          functional needs population at risk during disasters and  
          emergencies." 

          Office of Access and Functional Needs.  In January 2008, OES  
          established the OAFN with the purpose to identify the needs of  








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          people with disabilities and others with access and functional  
          needs before, during, and after a disaster and to integrate  
          disability needs and resources into emergency management  
          systems.  The OAFN offers guidance to emergency managers and  
          planners, disability and older adult service systems for  
          planning and responding during disasters and recovery. 

          According to the U.S. Census of 2010, approximately three  
          million Californian's over the age of five years have a  
          disability.  The OAFN goal is to strengthen the method and  
          planning of emergency management for people with disabilities  
          and others with access and functional needs. 

          Prior/Related Legislation
          
          AB 918 (Cooley, Chapter 187, Statutes of 2013) required OES, on  
          or before July 31, 2015, to update the State Emergency Plan 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 2051 (Tran, 2010)  would have authorize the California  
          Emergency Management Agency to prepare, in voluntary cooperation  
          with specific local governmental and nongovernmental entities, a  
          specialized plan to mobilize senior citizens and disabled person  
          during an emergency or natural disasters.  (Held on Senate  
          Appropriations Suspense File)

          SB 426 (Kehoe, 2007) would have established a Deputy Director  
          for Access and Functional Needs position within OES responsible  
          for preparedness, response, and recovery services for  
          individuals of all ages with functional limitations and  
          disabilities.  (Held on the Senate Appropriations Suspense File)

          FISCAL EFFECT:                 Appropriation:  No    Fiscal  
          Com.:             Yes          Local:          Yes


            SUPPORT:  

          California Coalition of Agencies Serving the Deaf & Hard of  
          Hearing (Source)
          California Association of the Deaf
          California School Employees Association, AFL-CIO








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          Greater Los Angeles Agency on Deafness, Inc.
          Registry of Interpreters for the Deaf, Inc.

          OPPOSITION:

          None received

          ARGUMENTS IN SUPPORT:    According to the California Coalition  
          of Agencies Serving the Deaf & Hard of Hearing, "barriers to  
          access still exist, especially for those deaf Californians who,  
          due to language deprivation or delays, have not mastered the  
          English language and cannot follow written instructions and/or  
          captioning shown on media outlets.  Having a sign language  
          interpreter will fill a huge communication access gap that has  
          been long ignored.  It is high time that county and state  
          officials remove barriers to communication for public safety  
          reasons so that all Californians have access to all press/media  
          conferences shown on TV, including those at the emergency  
          shelters."