BILL ANALYSIS Ó
AB 2311
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CONCURRENCE IN SENATE AMENDMENTS
AB
2311 (Brown)
As Amended August 15, 2016
Majority vote
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|ASSEMBLY: | 79-0 |(June 2, 2016) |SENATE: |39-0 |(August 17, |
| | | | | |2016) |
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Original Committee Reference: G.O.
SUMMARY: Requires each county, including a city and county, to
integrate access and functional needs, as defined, into its
emergency plan. Specifically, this bill:
1)Requires each political subdivision to address the following:
a) Emergency communications, including the integration of
interpreters, translators, and assistive technology.
b) Emergency evacuation, including the identification of
transportation resources and resources that are compliant
with the federal Americans with Disabilities Act of 1990
for individuals who are dependent on public transportation.
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c) Emergency sheltering, including ensuring that designated
shelters are compliant with the federal Americans with
Disabilities Act of 1990 or can be made compliant through
modification and that showers and bathrooms are fully
accessible to all occupants.
1)Defines "access and functional needs population" as
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.
2)Imposes a state-mandated local program by increasing the
duties of local officials.
The Senate amendments limit the requirement to integrate access
and functional needs into an emergency plan to counties (rather
than all political subdivisions), and only require these items
to be incorporated upon the next update of the plan.
EXISTING LAW:
1)Establishes CalOES by the Governor's Reorganization Plan No.2,
operative July 1, 2013.
2)Requires CalOES 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 the State Emergency Plan (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
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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
the State Emergency Plan and the plans and programs of the
federal government and of other states to the fullest possible
extent.
6)Requires the director of CalOES to appoint representatives of
the disabled community to serve on the evacuation, sheltering,
communication, recovery, and other pertinent Standardized
Emergency Management System (SEMS) committees.
Representatives of the disabled community shall, to the extent
practicable, be from the following groups:
a) Persons who are blind or visually impaired.
b) Persons with sensory or cognitive disabilities.
c) Persons with physical disabilities.
7)Requires CalOES, within the SEMS structure, to ensure, to the
extent practicable, that the needs of the disabled community
are met by ensuring all committee recommendations regarding
preparedness, planning, and procedures relating to emergencies
include the needs of people with disabilities.
FISCAL EFFECT: According to Senate Appropriations Committee,
the fiscal effect is unknown, likely minor reimbursable mandate
costs for counties to update emergency plans to identify how the
access and functional needs population is served. Actual costs
would depend upon a determination by the Commission on State
Mandates, and the number and amount of individual claims that
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are deemed reimbursable.
COMMENTS:
Purpose of the bill: According to the author, "although there
have been many reports written as to the lessons learned from
previous disasters about the lack of accessibility to
information, resources and needed services, the deaf community
continues to be denied access to information and resources at
the time of disasters. The following are examples of recent
disasters in which deaf individuals were denied crucial
information and access:
San Diego Wildfires: Interpreters were not used at news
conferences, nor at shelters
Napa Earthquake: Qualified interpreters were not used at news
conferences; deaf individuals did not know shelters were
available or where they were, become homeless and had to go to
a hotel
San Bernardino shooting: There was a deaf agency in the
building, they didn't have access to information during the
recovery
Interpreters, If dispatched by a local agency to a televised
press conference, are not shown on screen
"We simply cannot keep hoping someone will remember to provide
access for deaf and hard of hearing that uses American Sign
Language. Access denied is a life not saved."
Background: In 2009, the California Legislature merged the
powers, purposes, and responsibilities of the former CalOES with
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those of the Office of Homeland Security (OHS) into the newly-
created California Emergency Management Agency (CalEMA). On
July 1, 2013, Governor Edmund G. Brown Jr.'s Reorganization Plan
No. 2 eliminated CalEMA and restored it to the Governor's
Office, renaming it the California Governor's Office of
Emergency Services (CalOES), and merging it with the Office of
Public Safety Communications. Today, CalOES is responsible for
overseeing and coordinating emergency preparedness, response,
recovery and homeland security activities within the state.
Office for Access and Functional Needs (OAFN): In January 2008,
CalOES established the OAFN. The purpose of OAFN is to identify
the needs of 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. OAFN offers guidance to emergency managers
and planners, disability and older adult service systems for
planning and responding during disasters and recovery.
Standardized Emergency Management System (SEMS): SEMS is the
system used for coordinating state and local emergency response
in California. SEMS provides a multiple level emergency
response organization that facilitates the flow of emergency
information and resources. SEMS consists of the Incident
Command System (ICS), mutual aid, the operational area concept
and multi-interagency coordination. SEMS is designed to be
flexible and adaptable to the varied emergencies that can occur
in California, and to meet the emergency management needs of all
responders. Government Code 8607(a), requires CalOES, in
coordination with other state agencies and interested local
emergency management agencies, to establish SEMS by regulation.
SB 1451 (Kehoe), Chapter 600, Statutes of 2006, required CalOES
to ensure that members of the disabled community are represented
on all pertinent SEMS Specialist Committees to ensure that the
needs of people with disabilities are met during emergency and
disaster situations. The bill also required OES to submit a
report to the Legislature and appropriate state and local
agencies by January 1, 2009, containing recommendations
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regarding emergency preparedness and the needs of people with
disabilities. The bill also required CalOES to prepare and
disseminate sample brochures and other materials on the
emergency preparedness and evacuations needs of the disabled
community.
Operational Area (OA): OAs encompass the county and all
political subdivisions within the county. The OA serves as a
focal point for all local emergency management information and
the provision of mutual aid. It manages information, resources,
and priorities among local governments within the OA. The OA
also serves as the coordination and communication link between
the local government level and the regional level. SEMS
regulations authorize each County Board of Supervisors to
designate an OA lead agency.
Related/Prior legislation: AB 615 (Torrico) of 2007-2008
Session, required OES to consider the needs of people with
limited English proficiency in creating emergency and disaster
response plans. (Assembly Appropriations Committee)
SB 426 (Kehoe) of 2007, established a "Deputy Director for
Access and Functional Needs Coordination" position, within OES,
responsible for preparedness, response and recovery services for
individuals of all ages with functional limitations and
disabilities - persons who have one or more functional
limitations that reduce their ability to move, see, hear, walk,
speak, learn, breathe, understand information, respond quickly,
or manipulate or reach controls. (Senate Appropriations
Committee)
SB 1451 (Kehoe), Chapter 600, Statutes of 2006, requires OES to
ensure that members of the disabled community are represented on
all pertinent SEMS Specialist Committees to ensure that the
needs of people with disabilities are met during emergency and
disaster situations. Requires OES to submit a report to the
Legislature and appropriate state and local agencies by January
1, 2009 containing recommendations regarding emergency
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preparedness and the needs of people with disabilities.
Requires OES to prepare and disseminate sample brochures and
other materials on the emergency preparedness and evacuations
needs of the disabled community. Requires OES and the Office of
the State Fire Marshal (SFM) to seek research funding in order
to develop new technologies and information systems that will
assist in the effort to improve emergency services to people
with disabilities.
Analysis Prepared by:
Kenton Stanhope / G.O. / (916) 319-2531 FN: 0004249