Amended in Assembly March 17, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 2595

Introduced by Assembly Member Linder

February 19, 2016

An act to amend Section begin delete 8685.4 end delete begin insert 8611 end insert of the Government Code, relating to disaster begin delete assistance. end delete begin insert preparedness. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 2595, as amended, Linder. begin delete Disaster assistance: local agency allocations. end delete begin insert Local government: disaster preparedness: test exercises. end insert

begin insert

Existing law, the California Emergency Services Act, authorizes any city or county to create by ordinance a disaster council for developing plans for meeting any condition constituting a local emergency or state of emergency. Existing law also authorizes any city or county to provide for the calling of test exercises, either singularly or jointly, whenever, in the opinion of those political subdivisions, those test exercises are needed.

end insert begin insert

This bill would instead require cities and counties to provide for the calling of those test exercises at least twice per year and whenever needed. By requiring these actions by a local agency, this bill would impose a state-mandated local program.

end insert begin insert

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

end insert begin insert

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

end insert begin delete

Under the California Disaster Assistance Act, a local agency is required to make application to the Director of Emergency Services for state financial assistance within 60 days after the date of the proclamation of a local emergency.

end delete begin delete

This bill would make technical, nonsustantive changes to that provision.

end delete

Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program:  begin delete no end delete begin insert yes end insert .

The people of the State of California do enact as follows:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 8611 of the end insert begin insert Government Code end insert begin insert is amended
to read: end insert

8611.  

Counties, cities and counties, and cities begin delete may end delete begin insert shall end insert provide
for the calling of test exercises, either singularly or jointly,
whenever, in the opinion of begin delete such end delete begin insert those end insert political begin delete subdivisions, such end delete
begin insert subdivisions, those end insert test exercises are begin delete needed; end delete begin insert needed, but at least
twice per year; end insert provided, however, that with respect to any such
test exercise no one shall have the power to command the
assistance of any private citizen, and the failure of a citizen to obey
any order or regulation pertaining to a test exercise shall not
constitute a violation of any law.

begin insert

begin insert SEC. 2. end insert   

end insert begin insert

If the Commission on State Mandates determines that
this act contains costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division
4 of Title 2 of the Government Code.

end insert

begin delete

SECTION 1.  

Section 8685.4 of the Government Code is
amended to read:

8685.4.  

(a) A local agency shall make application to the
director for state financial assistance within 60 days after the date
of the proclamation of a local emergency. The director may extend
the time for this filing only under unusual circumstances. No
financial aid shall be provided until a state agency, upon the request
of the director, has first investigated and reported upon the
proposed work, has estimated the cost of the work, and has filed
its report with the director within 60 days from the date the local
agency made application, unless the director extends the time
because of unusual circumstances. The estimate of cost of the work
may include expenditures made by the local agency for the work
prior to the making of the estimate. If the reporting state agency
fails to report its findings within the 60-day period, and time is not
extended by the director, the director may complete the
investigation and recover a proportionate amount allocated to the
state agency for the balance of the investigation.

(b) For purposes of this section, “unusual circumstances” are
unavoidable delays that result from recurrence of a disaster,
prolonged severe weather within a one-year period, or other
conditions beyond the control of the applicant. Delays resulting
from administrative procedures are not unusual circumstances
which warrant extensions of time.

end delete