Amended in Assembly June 14, 2016

Amended in Assembly March 2, 2016

Amended in Assembly February 22, 2016

Amended in Assembly September 3, 2015

Amended in Assembly June 29, 2015

Amended in Assembly June 3, 2015

Amended in Senate April 6, 2015

Senate BillNo. 438


Introduced by Senators Hill and Hertzberg

(Principal coauthor: Assembly Member Gray)

(Coauthors: Senators Allen, Anderson, Beall, and Cannella)

(Coauthors: Assembly Members Dodd, Gatto, Hadley, Kim, Mullin, Rodriguez, and Wilk)

February 25, 2015


An act to amend Section 8587.8begin delete ofend deletebegin insert of, and to add Sections 8587.11 and 8587.12 to,end insert the Government Code, relating to earthquake safety, and making an appropriation therefor.

LEGISLATIVE COUNSEL’S DIGEST

SB 438, as amended, Hill. Earthquake safety: statewide earthquake early warningbegin delete system: funding.end deletebegin insert program and system.end insert

begin delete

Existing law

end delete

begin insert(1)end insertbegin insertend insertbegin insertThe California Emergency Services Actend insert requires the Office of Emergency Services,begin delete in collaboration with specified entities,end deletebegin insert among other things,end insert to developbegin insert in collaboration with specified entitiesend insert a comprehensive statewide earthquake early warning system in California through a public-private partnership, as specified. Existing law requires the office 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. Underbegin delete existing law,end deletebegin insert the act,end insert the requirement that the office develop the system is not operative until funding is identified, and is repealed if funding is not identified by July 1, 2016.begin insert The act establishes the California Earthquake Safety Fund in the State Treasury to be used, upon appropriation by the Legislature, for seismic safety and earthquake-related programs, including the statewide earthquake early warning system.end insert

This bill would discontinue the requirement that the funding sources for the system exclude the General Fund and be limited to federal funds, funds from revenue bonds, local funds, and funds from private sources. The bill would delete the provisions providing for the repeal and the contingent operation of the requirement that the office develop the system. The bill would appropriate $23,100,000 from the General Fund to the office for the purpose of implementing thebegin delete system.end deletebegin insert system, thereby making an appropriation.end insert

begin insert

This bill would establish, within the office, the California Earthquake Early Warning Program and the California Earthquake Early Warning Advisory Board to support the development of the statewide earthquake early warning system, as specified. The bill would require the board to include 7 voting members, as specified, and the Chancellor of the California State University, or his or her designee, who would serve as a nonvoting member. The bill would authorize the President of the University of California, or his or her designee, to serve as an additional nonvoting member of the board. The bill would require all members to serve without compensation, but would require reimbursement for actual and reasonable travel and meal expenses to attend board meetings. The bill would require the board to comply with existing state open meeting and public record disclosure laws and would prohibit the disclosure of any information in a public record that is a trade secret, as defined, of a private entity cooperating with the board or participating in the statewide earthquake early warning system or the program. The bill would make legislative findings in support of its provisions.

end insert
begin insert

(2) Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.

end insert
begin insert

This bill would make legislative findings to that effect.

end insert

Vote: 23. Appropriation: yes. Fiscal committee: yes. State-mandated local program: no.

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

P3    1begin insert

begin insertSECTION 1.end insert  

end insert
begin insert

The Legislature finds and declares all of the
2following:

end insert
begin insert

3
(a) Effective and sustainable implementation of a statewide
4earthquake early warning system, as funded through the California
5Earthquake Safety Fund, requires a governance structure that
6coordinates the multiple entities involved in establishing and
7operating the different functional areas of the system, including,
8but not limited to, system operations, research and development,
9finance and investment, and training and education.

end insert
begin insert

10
(b) Each of the functional areas necessary for a statewide
11earthquake early warning system consists of designated working
12groups that include subject matter experts and stakeholders in the
13public and private sectors.

end insert
begin insert

14
(c) The California Earthquake Early Warning Advisory Board
15is intended to advise the Director of Emergency Services on
16implementation of the earthquake early warning program.

end insert
17

begin deleteSECTION 1.end delete
18
begin insertSEC. 2.end insert  

Section 8587.8 of the Government Code is amended
19to read:

20

8587.8.  

(a) The Office of Emergency Services, in collaboration
21with the California Institute of Technology (Caltech), the California
22Geological Survey, the University of California, the United States
23Geological Survey, the Alfred E. Alquist Seismic Safety
24Commission, and other stakeholders, shall develop a
25comprehensive statewide earthquake early warning system in
26California through a public-private partnership, which shall include,
27but not be limited to, the following features:

28(1) Installation of field sensors.

29(2) Improvement of field telemetry.

30(3) Construction and testing of central processing and
31notification centers.

P4    1(4) Establishment of warning notification distribution paths to
2the public.

3(5) Integration of earthquake early warning education with
4general earthquake preparedness efforts.

5(b) In consultation with stakeholders, the Office of Emergency
6Services shall develop an approval mechanism to review
7compliance with earthquake early warning standards as they are
8developed. The development of the approval mechanism shall
9include input from a broad representation of earthquake early
10warning stakeholders. The approval mechanism shall accomplish
11all of the following:

12(1) Ensure the standards are appropriate.

13(2) Determine the degree to which the standards apply to
14providers and components of the system.

15(3) Determine methods to ensure compliance with the standards.

16(4) Determine requirements for participation in the system.

17(c) The Office of Emergency Services shall identify funding
18for the system described in subdivision (a) through single or
19multiple sources of revenue.

20begin insert

begin insertSEC. 3.end insert  

end insert

begin insertSection 8587.11 is added to the end insertbegin insertGovernment Codeend insertbegin insert, to
21read:end insert

begin insert
22

begin insert8587.11.end insert  

(a) There is in state government, within the office,
23both of the following:

24
(1) The California Earthquake Early Warning Program.

25
(2) The California Earthquake Early Warning Advisory Board.

26
(b) The following definitions apply to this section and Section
278587.12:

28
(1) “Board” means the California Earthquake Early Warning
29Advisory Board.

30
(2) “Program” means the California Earthquake Early Warning
31Program.

32
(3) “System” means the statewide earthquake early warning
33system.

34
(c) (1) The board shall be composed of the following eight
35members:

36
(A) Seven voting members, as follows:

37
(i) The Secretary of the Natural Resources Agency, or his or
38her designee.

39
(ii) The Secretary of California Health and Human Services,
40or his or her designee.

P5    1
(iii) The Secretary of Transportation, or his or her designee.

2
(iv) The Secretary of Business, Consumer Services, and Housing,
3or his or her designee.

4
(v) One member who is appointed by, and serves at the pleasure
5of, the Speaker of the Assembly and represents the interests of
6private businesses.

7
(vi) One member who is appointed by, and serves at the pleasure
8of, the Governor and represents the utilities industry.

9
(vii) One member appointed by the Senate Committee on Rules
10representing county government whose term of office shall be four
11years to run with the officer or incumbent. The Senate Committee
12on Rules shall appoint, on an alternating basis, a member who
13resides in northern or southern California.

14
(B) The Chancellor of the California State University, or his or
15her designee, shall serve as a nonvoting member of the board.

16
(2) The President of the University of California, or his or her
17designee, may serve as a nonvoting member of the board.

18
(3) The members of the board shall serve without compensation,
19but shall be reimbursed for actual and reasonable travel and meal
20expenses to attend board meetings.

21
(d) (1) The board shall convene periodically and advise the
22director on all aspects of the program, including, but not limited
23to, the following functional areas of the program:

24
(A) System operations.

25
(B) Research and development.

26
(C) Finance and investment.

27
(D) Training and education.

28
(2) The board shall utilize committees, groups, and
29organizations, including, but not limited to, the California Institute
30of Technology, the California Geological Survey, the University
31of California, the United States Geological Survey, and entities
32participating in the critical infrastructure sectors to fulfill the
33objectives of the program by supporting the functional areas of
34the system.

35
(3) The board shall inform the public regarding, and provide
36the public with the opportunity to engage the board on, the
37development and implementation of the system.

38
(4) The board shall consult with program participants, state
39agencies, departments, boards and commissions, private
40businesses, postsecondary educational institutions, and subject
P6    1matter experts, as necessary, to advise the board on the
2development, implementation, and maintenance of the system.

3
(e) (1) Except as otherwise provided by law, the California
4Integrated Seismic Network shall be responsible for the generation
5of an earthquake early warning alert and related system
6operations.

7
(2) The board shall, in conjunction with the director, determine
8the appropriate methods to provide the public with an earthquake
9early warning alert.

10
(f) (1) The board shall comply with the Bagley-Keene Open
11Meeting Act (Article 9 (commencing with Section 11120) of
12Chapter 1 of Part 1 of Division 3) and the California Public
13Records Act (Chapter 3.5 (commencing with Section 6250) of
14Division 7 of Title 1).

15
(2) Notwithstanding any law, including, but not limited to, the
16California Public Records Act (Chapter 3.5 (commencing with
17Section 6250) of Division 7 of Title 1), any information in a public
18record that is a trade secret, as that term is defined in Section
193426.1 of the Civil Code, of a private entity cooperating with the
20board or participating in the system or with the program is
21confidential and shall not be disclosed.

end insert
22begin insert

begin insertSEC. 4.end insert  

end insert

begin insertSection 8587.12 is added to the end insertbegin insertGovernment Codeend insertbegin insert, to
23read:end insert

begin insert
24

begin insert8587.12.end insert  

(a) On or before February 1, 2018, the office, in
25consultation with the board, shall develop and submit a business
26plan for the program to the Senate Committee on Governmental
27Organization, the Assembly Committee on Governmental
28Organization, the Senate Budget and Fiscal Review Committee,
29the Assembly Committee on Budget, and the Legislative Analyst’s
30Office. The business plan shall include, but not be limited to, all
31of the following elements:

32
(1) The funding plan for the program and the estimated costs
33associated with the program. The funding plan shall include, but
34not be limited to, all of the following:

35
(A) Specific cost estimates for each component of the program,
36 including, but not limited to, education and outreach costs, staff
37costs, and the capital costs, operation costs, and maintenance costs
38of the system.

39
(B) Identification of specific sources of funding, including, but
40not limited to, federal funds, funds from revenue bonds, local funds,
P7    1general funds, special funds, funds from private sources, and
2funding from any written agreements with public or private entities
3to fund components of the program.

4
(2) The expected roles and responsibilities of various program
5participants, including, but not limited to, private sector partners
6and local emergency personnel.

7
(3) The expected time schedule for completing the system and
8when it can start to provide alerts.

9
(4) A discussion of all reasonably foreseeable risks the program
10may encounter, including, but not limited to, risks associated with
11the program’s finances, the reliability of the system, access to land
12for sensor placement, and changes in technology, The plan shall
13describe the office’s strategies, processes, or other actions it
14intends to utilize to manage those risks.

15
(b) On or before February 1, 2019, and annually thereafter, the
16office shall report to the Legislature any changes to the business
17plan from the prior year and shall provide a general report on
18progress of the program and the implementation of the system.
19The report shall include, but not be limited to, all of the following:

20
(1) Overall progress of the implementation of the system.

21
(2) Update on funding acquired and expended.

22
(3) Update on contracts and requests for proposals.

23
(4) A summary of recommendations made by the board to the
24office.

end insert
25begin insert

begin insertSEC. 5.end insert  

end insert
begin insert

The Legislature finds and declares that Section 3 of
26this act, which adds Section 8587.11 to the Government Code,
27imposes a limitation on the public’s right of access to the meetings
28of public bodies or the writings of public officials and agencies
29within the meaning of Section 3 of Article I of the California
30Constitution. Pursuant to that constitutional provision, the
31Legislature makes the following findings to demonstrate the interest
32protected by this limitation and the need for protecting that
33interest:

end insert
begin insert

34
The development and implementation of the California
35Earthquake Early Warning System will help mitigate the loss of
36lives and property due to an earthquake. The need to protect the
37proprietary rights of owners of trade secrets relating to systems
38or products that may be incorporated into the California
39Earthquake Early Warning System and used within the California
40Earthquake Early Warning Program and the need to encourage
P8    1the participation of those owners in the development and
2implementation of that system and program outweigh publicly
3disclosing those trade secrets.

end insert
4

begin deleteSEC. 2.end delete
5
begin insertSEC. 6.end insert  

The sum of twenty-three million one hundred thousand
6dollars ($23,100,000) is hereby appropriated from the General
7Fund to the Office of Emergency Services for the purpose of
8implementing a comprehensive statewide earthquake early warning
9system pursuant to Section 8587.8 of the Government Code.



O

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