BILL ANALYSIS Ó
SB 438
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SENATE THIRD READING
SB
438 (Hill and Hertzberg)
As Amended August 1, 2016
Majority vote
SENATE VOTE: 37-0
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|Committee |Votes|Ayes |Noes |
| | | | |
| | | | |
| | | | |
|----------------+-----+------------------------+------------------|
|Governmental |20-0 |Gray, Bigelow, Alejo, | |
|Organization | |Bonta, Campos, Cooley, | |
| | |Cooper, Daly, Cristina | |
| | |Garcia, Eduardo Garcia, | |
| | |Gipson, Roger | |
| | |Hernández, | |
| | | | |
| | | | |
| | |Jones-Sawyer, Levine, | |
| | |Linder, Maienschein, | |
| | |Salas, Steinorth, | |
| | |Waldron, Wilk | |
| | | | |
|----------------+-----+------------------------+------------------|
|Appropriations |20-0 |Gonzalez, Bigelow, | |
| | |Bloom, Bonilla, Bonta, | |
| | |Calderon, Chang, Daly, | |
SB 438
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| | |Eggman, Gallagher, | |
| | |Eduardo Garcia, Holden, | |
| | |Jones, Obernolte, | |
| | |Quirk, Santiago, | |
| | |Wagner, Weber, Wood, | |
| | |Chau | |
| | | | |
| | | | |
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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 seven voting members and two
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.
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
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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:
a) System operations.
b) Research and development.
c) Finance and investment.
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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 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)Makes legislative findings in support of its provisions.
EXISTING LAW:
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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
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: According to the Assembly Appropriations
Committee:
1)Minor and absorbable costs to CalOES to support the Board.
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2)Minor cost pressures to develop a business plan and report
annually to the Legislature. This bill codifies an existing
plan to develop a plan for implementing an early earthquake
system, and the reporting requirements for CalOES established
in this bill will result in minor and absorbable cost
pressures.
COMMENTS:
Purpose of the bill: According to the author: "California is
the 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 (Padilla), 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 (Hill), Chapter 799, Statutes
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
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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,
University of California, Berkeley Seismological Laboratory,
California Institute of Technology as well as other interest
groups to establish best 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
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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.
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. This bill is a product of
negotiations between the author, Assembly Governmental
Organization Committee and Cal OES to address this issue.
On June 15, 2016, the Legislature passed SB 826 (Leno), Chapter
23, Statutes of 2016: 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
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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.
Prior/Related Legislation: AB 1346 (Gray) of the current
legislative 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, Statutes 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 Cal
OES, on or before July 1, 2015, to update the State Emergency
Plan 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.
SB 135 (Padilla), Chapter 342, Statutes of 2013 required Cal
OES, in collaboration with various entities, to develop a
comprehensive statewide earthquake early warning system in
California.
AB 928 (Blakeslee) of the 2009-10 Regular 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 the Assembly Governmental
Organization Committee)
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Analysis Prepared by:
Kenton Stanhope / G.O. / (916) 319-2531 FN:
0003805