Amended in Senate April 13, 2016

Amended in Senate March 28, 2016

Senate BillNo. 1118


Introduced by Senator Berryhill

begin insert

(Principal coauthor: Assembly Member Bigelow)

end insert

February 17, 2016


An act to amend Section 8686 of the Government Code, relating to disaster relief, and declaring the urgency thereof, to take effect immediately.

LEGISLATIVE COUNSEL’S DIGEST

SB 1118, as amended, Berryhill. Disaster relief.

The California Disaster Assistance Act generally provides that the state share for disaster project allocations to local agencies is no more than 75% of total state eligible costs, except for specified events for which the state share is up to 100% of state eligible costs.

This bill would add the forest fires that occurred in the County of Calaveras in 2015 to the list of events for which the state share of state eligible cost is up to 100%.

This bill would incorporate changes to Section 8686 of the Government Code proposed by both this bill and SB 937, which would become operative only if both bills are enacted and become effective on or before January 1, 2017, and this bill is chaptered last.

This bill would declare that it is to take effect immediately as an urgency statute.

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

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

P2    1

SECTION 1.  

The Legislature finds and declares all of the
2following:

3(a) In 2015 the Butte Fire burned through the County of
4Calaveras for a total of 70,868 acres. The Butte Fire took the lives
5of two people and destroyed or damaged 965 structures at an
6estimated $300 million in insured losses, making it the seventh
7most destructive wildfire to hit the state.

8(b) On September 10, 2015, the Calaveras County Board of
9Supervisors ratified the Declaration of a Local Emergency in
10Calaveras County as a result of the September 9, 2015, wildland
11fire that caused damage to public and private property.

12(c) On September 22, 2015, Governor Edmund G. Brown Jr.
13requested that the area burned in the Butte Fire be declared a
14federal major disaster.

15(d) On September 23, 2015, President Barack Obama declared
16the Butte Fire a federal major disaster.

17(e) Prior to the Butte Fire, the County of Calaveras had not fully
18recovered from the economic impacts of the 2007 recession when
19the secured property tax revenues declined 28 percent between the
202008-09 fiscal year and the 2012-13 fiscal year for a loss in annual
21General Fund revenue of nearly $4 million, and since that time,
22property tax revenues have only recovered by 12.3 percent.

begin insert

23
(f) The estimated property valuation loss due to the Butte Fire
24is $53.8 million and the County of Calaveras is expected to
25experience continued decline in assessed property tax valuation
26and revenue losses for several years as the result of the number
27of properties and structures damaged.

end insert
begin insert

28
(g) The County of Calaveras has, for the past eight years,
29adopted a deficit budget balanced with reductions to departmental
30budgets and the use of prior year carryover and one-time funds.

end insert
begin delete

24 31(f)

end delete

32begin insert(h)end insert The County of Calaveras is expected to have an estimated
33county share of cost for the Butte Fire response and recovery of
34$1.4 million which will significantly impact the county’sbegin delete General
35Fund Reserveend delete
begin insert general fund reserveend insert of $2.4 million.

36

SEC. 2.  

Section 8686 of the Government Code is amended to
37read:

P3    1

8686.  

(a) For any eligible project, the state share shall amount
2to no more than 75 percent of total state eligible costs.

3(b) Notwithstanding subdivision (a), the state share shall be up
4to 100 percent of total state eligible costs connected with the
5following events:

6(1) The October 17, 1989, Loma Prieta earthquake.

7(2) The October 20, 1991, East Bay fire.

8(3) The fires that occurred in southern California from October
91, 1993, to November 30, 1993, inclusive.

10(4) The January 17, 1994, Northridge earthquake.

11(5) Storms that occurred in California during the periods
12commencing January 3, 1995, and February 13, 1995, as specified
13in agreements between this state and the United States for federal
14financial assistance.

15(6) The storms that occurred in California in December 1996
16and early January 1997, as specified in agreements between this
17state and the United States for federal financial assistance.

18(7) The winter storms and flooding that occurred from February
191, 1998, to April 30, 1998, inclusive, as specified in agreements
20between this state and the United States for federal financial
21assistance.

22(8) The wildfires that occurred in southern California
23commencing October 21, 2003, as specified in agreements between
24this state and the United States for federal financial assistance.

25(9) The December 22, 2003, San Simeon earthquake, as
26specified in agreements between this state and the United States
27for federal financial assistance.

28(10) The severe storms, flooding, debris flows, and mudslides
29that occurred during December 27, 2004, to January 11, 2005,
30inclusive, in southern California, as specified in agreements
31between this state and the United States for federal financial
32assistance.

33(11) The severe storms, flooding, landslides, and mud and debris
34flows that occurred in southern California during the period from
35February 16, 2005, to February 23, 2005, inclusive, as specified
36in agreements between this state and the United States for federal
37financial assistance.

38(12) The severe storms, flooding, mudslides, and landslides that
39occurred in northern California during the period from December
4017, 2005, to January 3, 2006, inclusive, as specified in agreements
P4    1between this state and the United States for federal financial
2assistance.

3(13) The severe storms and flooding that occurred in northern
4and central California during the period from March 29, 2006, to
5April 16, 2006, inclusive, as specified in agreements between this
6state and the United States for federal financial assistance.

7(14) The forest fires that occurred in the County of Calaveras
8 in 2015.

9(c) For any federally declared disaster subsequent to January 1,
101995, that the Legislature has designated in subdivision (b), the
11state shall assume the increased share specified in subdivision (b)
12in those cases where the Federal Emergency Management Agency
13or another applicable federal agency has approved the federal share
14of costs.

15(d) The state shall make no allocation for any project application
16resulting in a state share of less than two thousand five hundred
17dollars ($2,500) under this section.

18

SEC. 2.5.  

Section 8686 of the Government Code is amended
19to read:

20

8686.  

(a) For any eligible project, the state share shall amount
21to no more than 75 percent of total state eligible costs.

22(b) Notwithstanding subdivision (a), the state share shall be up
23to 100 percent of total state eligible costs connected with the
24following events:

25(1) The October 17, 1989, Loma Prieta earthquake.

26(2) The October 20, 1991, East Bay fire.

27(3) The fires that occurred in southern California from October
281, 1993, to November 30, 1993, inclusive.

29(4) The January 17, 1994, Northridge earthquake.

30(5) Storms that occurred in California during the periods
31commencing January 3, 1995, and February 13, 1995, as specified
32in agreements between this state and the United States for federal
33financial assistance.

34(6) The storms that occurred in California in Decemberbegin delete ofend delete 1996
35and early Januarybegin delete ofend delete 1997, as specified in agreements between this
36state and the United States for federal financial assistance.

37(7) The winter storms and flooding that occurred from February
381, 1998, to April 30, 1998, inclusive, as specified in agreements
39between this state and the United States for federal financial
40assistance.

P5    1(8) The wildfires that occurred in southern California
2commencing October 21, 2003, as specified in agreements between
3this state and the United States for federal financial assistance.

4(9) The December 22, 2003, San Simeon earthquake, as
5specified in agreements between this state and the United States
6for federal financial assistance.

7(10) The severe storms, flooding, debris flows, and mudslides
8that occurred during December 27, 2004, to January 11, 2005,
9inclusive, in southern California, as specified in agreements
10between this state and the United States for federal financial
11assistance.

12(11) The severe storms, flooding, landslides, and mud and debris
13flows that occurred in southern California during the period from
14February 16, 2005, to February 23, 2005, inclusive, as specified
15in agreements between this state and the United States for federal
16financial assistance.

17(12) The severe storms, flooding, mudslides, and landslides that
18occurred in northern California during the period from December
1917, 2005, to January 3, 2006, inclusive, as specified in agreements
20between this state and the United States for federal financial
21assistance.

22(13) The severe storms and flooding that occurred in northern
23and central California during the period from March 29, 2006, to
24April 16, 2006, inclusive, as specified in agreements between this
25state and the United States for federal financial assistance.

26(14) The forest fires that occurred in the County of Calaveras
27 in 2015.

28(15) The forest fires that occurred in the County of Lake in
292015.

30(c) For any federally declared disaster subsequent to January 1,
311995, that the Legislature has designated in subdivision (b), the
32state shall assume the increased share specified in subdivision (b)
33in those cases where the Federal Emergency Management Agency
34or another applicable federal agency has approved the federal share
35of costs.

36(d) The state shall make no allocation for any project application
37resulting in a state share of less than two thousand five hundred
38dollars ($2,500) under this section.

39

SEC. 3.  

Section 2.5 of this bill incorporates amendments to
40Section 8686 of the Government Code proposed by both this bill
P6    1and Senate Bill 937. It shall only become operative if (1) both bills
2are enacted and become effective on or before January 1, 2017,
3(2) each bill amends Section 8686 of the Government Code, and
4(3) this bill is enacted after Senate Bill 937, in which case Section
52 of this bill shall not become operative.

6

SEC. 4.  

This act is an urgency statute necessary for the
7immediate preservation of the public peace, health, or safety within
8the meaning of Article IV of the Constitution and shall go into
9immediate effect. The facts constituting the necessity are:

10In order to timely provide essential relief to those persons who
11have suffered damage or loss as a result of the forest fires that
12occurred in the County of Calaveras in 2015, it is necessary that
13this act take effect immediately.



O

    97