BILL ANALYSIS Ó
SB 438
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Date of Hearing: June 30, 2016
ASSEMBLY COMMITTEE ON GOVERNMENTAL ORGANIZATION
Adam Gray, Chair
SB
438 (Hill) - As Amended June 14, 2016
SENATE VOTE: 37-0 (Not relevant)
SUBJECT: Earthquake safety: statewide earthquake early warning
program and system
SUMMARY: This bill would establish, within the California
Office of Emergency Services (Cal OES), the California
Earthquake Early Warning Advisory Board (board) to support the
development of the statewide earthquake early warning system
(system). Specifically, this bill:
1) Requires the board to include 7 voting members and 2
nonvoting members, as follows:
a) The Secretary of the Natural Resources Agency, or
his or her designee.
b) The Secretary of California Health and Human
Services, or his or her designee.
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c) The Secretary of Transportation, or his or her
designee.
d) The Secretary of Business, Consumer Services, and
Housing, or his or her designee.
e) One member who is appointed by, and serves at the
pleasure of, the Speaker of the Assembly and represents
the interests of private businesses.
f) One member who is appointed by, and serves at the
pleasure of, the Governor and represents the utilities
industry.
g) One member appointed by the Senate Committee on
Rules representing county government whose term of office
shall be four years to run with the officer or incumbent.
The Senate Committee on Rules shall appoint, on an
alternating basis, a member who resides in northern or
southern California.
h) The Chancellor of the California State University,
or his or her designee, shall serve as a nonvoting member
of the board.
i) The President of the University of California, or
his or her designee, may serve as a nonvoting member of
the board.
1) Requires the board to convene periodically and advise
the Governor's Office of Emergency Services (Cal OES) on
all aspects of the program, including, but not limited to:
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a) System operations.
b) Research and development.
c) Finance and investment.
d) Training and education.
1) Requires the California Integrated Seismic Network
(CISN) to be responsible for the generation of an
earthquake early warning alert and related system
operations.
2) Requires Cal OES, on or before February 1, 2018, develop
and submit a business plan for the program to the Senate
Committee on Governmental Organization, the Assembly
Committee on Governmental Organization, the Senate Budget
and Fiscal Review Committee, the Assembly Committee on
Budget, and the Legislative Analyst's Office, as specified.
3) Requires Cal OES, on or before February 1, 2019, and
annually thereafter, 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.
4) Discontinues the requirement that the funding sources
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for the system exclude the General Fund and be limited to
federal funds, funds from revenue bonds, local funds, and
funds from private sources.
5) Deletes the provisions providing for the repeal and the
contingent operation of the requirement that the office
develop the system.
6) Appropriates $23,100,000 from the General Fund to Cal
OES for the purpose of implementing the system.
7) Makes legislative findings in support of its
provisions.
EXISTING LAW:
1)Creates, within the office of the Governor, Cal OES which,
under the Director of Emergency Services, coordinates disaster
response, emergency planning, emergency preparedness, disaster
recovery, disaster mitigation, and homeland security
activities.
2)Requires various entities, including Cal OES, through a
public-private partnership, to develop a comprehensive
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statewide earthquake early warning system in California, as
specified.
3)Requires Cal OES to identify funding for an earthquake early
warning system through single or multiple sources of revenues
that shall be limited to federal funds, funds from revenue
bonds, local funds, and private grants.
4)Prohibits General Fund moneys to be used for the establishment
of an earthquake early warning system.
5)Specifies that if funding is not identified by January 1,
2016, the provisions relating to the establishment of an
earthquake early warning system should be repealed.
6) Establishes the California Earthquake Safety Fund (fund) in
the State Treasury.
FISCAL EFFECT: Unknown
COMMENTS:
Purpose of the bill : According to the author: "California is the
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second most seismologically active state in the nation and a
statewide earthquake early warning system has the potential to
save lives, prevent injuries, and reduce monetary losses. We owe
it to Californians to get the system up and running as soon as
possible. SB 438 helps to do so by eliminating current
restrictions on public funding and creating an implementation
advisory board."
Background : In 2013 the California Legislature passed and the
Governor signed SB 135 (Chapter 342, Statutes of 2013), which
requires Cal OES in collaboration with various entities, to
develop a comprehensive statewide earthquake early warning
system in California. The bill further requires Cal OES to
identify funding for the system but specifically prohibits
General Fund money to be used. SB 135 also specifies that if
funding is not identified by January 1, 2016, the provisions of
the bill will be repealed. SB 494 (Chapter 799, Statues of
2015), delayed this dateline to July 1, 2016.
The California Geological Survey (CGS) estimates its costs
associated with developing the system would be approximately $23
million in the first year and approximately $16 million annually
thereafter. These costs include realigning CGS' ground
stations, purchasing additional instrumentation, upgrading
existing instrumentation and communications networks, and
staffing the system 24 hours a day, seven days a week.
Cal OES is currently in the process of identifying funding for
the project and has been working with CISN, a working group
composed of the United State Geological Survey, the California
Geological Survey, California Seismic Safety Commission, UC
Berkeley Seismological Laboratory, California Institute of
Technology as well as other interest groups to establish best
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practices for an earthquake early warning system in California.
Earthquake Early Warning Systems : While earthquakes cannot be
predicted or prevented, using advanced science and technology
has in the past detected seismic activity and provided advanced
warning. The objective of earthquake early warning systems is
to rapidly detect the occurrence of an earthquake, estimate the
level of ground shaking to be expected, issue a warning before
significant ground shaking begins, and estimate the location and
the magnitude of the earthquake. This is not the same as
earthquake prediction, which currently is not possible.
When an earthquake occurs, the earthquake produces different
types of shock waves, which travel at different speeds. The
fastest and weakest of these waves are called P-waves.
Technology exists that can detect the energy from P-waves to
estimate the location and the magnitude of the earthquake. This
method can provide warning before the more destructive S-wave
arrives. The S-wave is responsible for most of the strong
shaking that usually creates the most damage during earthquakes.
The amount of warning time at a particular location depends on
the distance from the earthquake epicenter. Locations very
close to the earthquake epicenter will receive relatively little
or no warning whereas locations far removed from the earthquake
epicenter would receive more warning time but may not experience
damaging shaking.
Studies on earthquake early warning methods in California
concluded that the warning time would range from a few seconds
to a few tens of seconds, depending on the distance from the
earthquake epicenter. However, very large earthquakes emanating
from the San Andreas Fault could produce significantly more
warning time because the affected area would be much larger.
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Regardless of the warning time, earthquake early warning systems
can provide adequate time to slow down and stop trains, stop
cars from entering tunnels, automatically shut down dangerous
machinery, and countless other benefits. Taking such actions
before an earthquake arrives can reduce damage and casualties
during and after an earthquake.
Earthquake early warning systems are currently in place in Japan
and Mexico and many other countries throughout the world are
currently in the process of developing such systems.
Private and Public Funding : Cal OES, to date, has been unable to
demonstrate they have any firm commitments for private funding.
They have pointed to the absence of a governance structure in
statute as a reason for the lack of firm funding commitments
from private interests. SB 438 is a product of negotiations
between the author, Assembly G.O. Committee and Cal OES to
address this issue.
On June 15, 2016, the Legislature passed SB 826: Budget Act of
2016. Within the 2016 budget is a one-time appropriation of $10
million to provide initial operating costs and staff to build
out the California Earthquake Early Warning System and Program.
This is a shift in policy for the Legislature and
Administration. As mentioned above, SB 135 (Padilla) prohibited
General Fund moneys to be used for the establishment of the
system.
Staff Note: The Budget Act was signed by the Governor on Monday,
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June 27, 2016. The author has committed to removing the $23.1
million appropriation in fiscal committee, since the $10 million
mentioned above has been officially allocated to Cal OES.
Prior/Related Legislation : AB 1346 (Gray) of 2015-2016 Session.
Discontinues 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. (Pending in Senate Appropriations)
SB 494 (Hill, Chapter 799, Statues of 2015) created the
California Earthquake Safety Fund to be used for seismic safety
and earthquake-related programs, including the earthquake early
warning system and requires the identification of funding of the
earthquake early warning system to occur by July 1, 2016.
AB 918 (Cooley, Chapter 187, Statutes of 2013) required OES, on
or before July 1, 2015, to update the SEP 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.
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SB 31 (Padilla Chapter 342, Statutes of 2013) required OES, in
collaboration with various entities, to develop a comprehensive
statewide earthquake early warning system in California.
AB 928 (Blakeslee) of 2009-2010 Session. Would have required the
High-Speed Rail Authority to develop an earthquake early warning
system and coordinate development of that system with various
state agencies. (Held in Assembly Governmental Organization
Committee)
REGISTERED SUPPORT / OPPOSITION:
Support
American Academy of Pediatrics, California
American Red Cross
Bay Area Rapid Transit
California Department of Insurance
California Fire Chiefs Association
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California Institute of Technology
California State Firefighters' Association
Computing Technology Industry Association
Fire Districts Association of California
Mayor Eric Garcetti, City of Los Angeles
Silicon Valley Leadership Group
Opposition
None on File
Analysis Prepared by:Kenton Stanhope / G.O. / (916)
319-2531
SB 438
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