Amended in Assembly August 1, 2016

Amended in Assembly June 30, 2016

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 Bill No. 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 8587.8 of, and to add Sections 8587.11 and 8587.12 to, the Government Code, relating to earthquake safety.

LEGISLATIVE COUNSEL’S DIGEST

SB 438, as amended, Hill. Earthquake safety: statewide earthquake early warning program and system.

(1) The California Emergency Services Act requires the Office of Emergency Services, among other things, to develop in collaboration with specified entities a comprehensive statewide earthquake early warning system in California through a public-private partnership, as specified. begin delete Existing law end delete begin insert The act end insert 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. Under the act, the requirement that the office develop the system is not operative until funding is identified, and is repealed if funding is not identified by July 1, 2016. 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.

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.

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.

(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.

This bill would make legislative findings to that effect.

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

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

SECTION 1.  

The Legislature finds and declares all of the
following:

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

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

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

SEC. 2.  

Section 8587.8 of the Government Code is amended
to read:

8587.8.  

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

(1) Installation of field sensors.

(2) Improvement of field telemetry.

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

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

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

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

(1) Ensure the standards are appropriate.

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

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

(4) Determine requirements for participation in the system.

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

SEC. 3.  

Section 8587.11 is added to the Government Code, to
read:

8587.11.  

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

(1) The California Earthquake Early Warning Program.

(2) The California Earthquake Early Warning Advisory Board.

(b) The following definitions apply to this section and Section
8587.12:

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

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

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

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

(A) Seven voting members, as follows:

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

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

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

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

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

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

(vii) One member who is appointed by, and serves at the
pleasure of, the Senate Committee on Rules and represents county
government.

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

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

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

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

(A) System operations.

(B) Research and development.

(C) Finance and investment.

(D) Training and education.

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

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

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

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

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

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

(2) Notwithstanding any law, including, but not limited to, the
California Public Records Act (Chapter 3.5 (commencing with
Section 6250) of Division 7 of Title 1), any information in a public
record that is a trade secret, as that term is defined in Section
3426.1 of the Civil Code, of a private entity cooperating with the
board or participating in the system or with the program is
confidential and shall not be disclosed.

SEC. 4.  

Section 8587.12 is added to the Government Code, to
read:

8587.12.  

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

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

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

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

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

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

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

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

(1)  begin delete Overall end delete begin insert The overall end insert progress of the implementation of the
system.

(2)  begin delete Update end delete begin insert An update end insert on funding acquired and expended.

(3)  begin delete Update end delete begin insert An update end insert on contracts and requests for proposals.

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

SEC. 5.  

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

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