BILL ANALYSIS Ó
SENATE COMMITTEE ON GOVERNMENTAL ORGANIZATION
Senator Isadore Hall, III
Chair
2015 - 2016 Regular
Bill No: SB 1118 Hearing Date: 4/12/2016
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|Author: |Berryhill |
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|Version: |3/28/2016 And as proposed to be amended in |
| |Committee |
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|Urgency: |Yes |Fiscal: |Yes |
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|Consultant:|Arthur Terzakis |
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SUBJECT: Disaster relief
DIGEST: This bill adds 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 costs is up to 100% under the
California Disaster Assistance Act (CDAA).
ANALYSIS:
Existing law:
1)Establishes the CDAA which generally provides that the state
must pay 75% of the non-federal share of eligible costs for
any state declared emergency. For some statutorily specified
disasters the state is required to pay 100% of the non-federal
cost.
2)Prohibits the state share for any eligible project from
exceeding 75% of total state eligible costs unless the local
agency is located within the city, county, or city and county
that has adopted a local hazard mitigation plan, in accordance
with the federal Disaster Mitigation Act of 2000, as part of
the safety element of its general plan, as specified.
This bill:
1)Adds the forest fires that occurred in the County of Calaveras
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in 2015 to the list of events for which the state share of
state eligible costs is up to 100% under the CDAA.
2)Contains an urgency clause, to take effect immediately.
3)Contains double jointing language to avoid a chaptering out
issue between this bill and SB 937 (McGuire, 2016).
4)Contains the following legislative findings and declarations:
a) In 2015, the Butte Fire burned through 70,868 acres of
Calaveras County, took the lives of two people and
destroyed or damaged 965 structures at an estimated $300
million in insured losses, making it the seventh most
destructive wildfire to hit the state.
b) On September 10, 2015, the Calaveras County Board of
Supervisors ratified the Declaration of a Local Emergency
in Calaveras County as a result of the September 9, 2015,
fire that caused damage to public and private property.
c) On September 22, 2015, Governor Brown requested that the
Butte Fire be declared a federal major disaster - a day
later, President Obama declared the Butte Fire a federal
major disaster.
d) Prior to the Butte Fire, the County of Calaveras had not
fully recovered from the economic impacts of the 2007
recession when property tax revenues declined 28% between
the 2008-09 fiscal year and the 2012-13 fiscal year for a
loss in annual General Fund revenue of nearly $4 million,
and since that time, property tax revenues have only
recovered by 12.3%.
e) The County of Calaveras' share of costs for the Butte
Fire is estimated to be $1.4 million which will
significantly impact the County's general fund reserve of
$2.4 million.
f) The estimated property valuation loss is $53.8 million
and the County is expected to experience continued decline
in assessed property tax valuation.
g) The County of Calaveras has, for the past eight years,
adopted a deficit budget balanced with reductions to
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departmental budgets and the use of prior year carryover
and one-time funds.
Background
The California Disaster Assistance Act (CDAA) reimburses local
governments for debris removal, emergency work, and repair or
replacement of public facilities damaged by a disaster upon a
Governor's proclamation. The state share of eligible expenses
is 75%, and local jurisdictions are responsible for the
remaining 25%. When there is a federal declaration, the Federal
Emergency Management Agency (FEMA) pays 75% and the state pays
75% of the remaining 25% of eligible costs for any
state-declared emergency. For some statutorily specified
disasters, the state has paid 100% of the non-federal eligible
disaster mitigation costs. Existing law, AB 2140 (Hancock,
Chapter 739, Statutes of 2006), prohibits the state share for
any eligible project from exceeding 75% of state eligible costs
unless the local agency has adopted a local hazard mitigation
plan as part of the safety element of its general plan.
Purpose of SB 1118. According to the author's office, "this
bill seeks disaster relief by adding the forest fires that
occurred in the County of Calaveras in 2015 (referred to as the
Butte Fire) to the list of events for which the state share of
state eligible costs is up to 100%. This bill will continue a
well-established practice of the state that has been in place
after previous major disasters. Without disaster relief
assistance it will be incredibly difficult for Calaveras County
to pay for damage repairs that are not covered by federal and
state disaster assistance. Calaveras County is a rural, lightly
populated county that does not have the resources necessary to
make-up the difference. If passed by the Legislature and signed
by the Governor, SB 1118 will take effect immediately in order
to relieve the burden of Calaveras County municipalities and
residents."
Prior Disasters. Payment of the local share of disaster-related
costs has been statutorily extended in the following disasters
[Govt. Code Section 8686 (b)]:
The October 17, 1989, Loma Prieta earthquake;
The October 20, 1991, East Bay fire;
The fires that occurred in southern California from
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October 1, 1993, to November 30, 1993;
The January 17, 1994, Northridge Earthquake;
The storms that occurred in California in January and
February, 1995;
The storms that occurred in California in December, 1996
and early January of 1997;
The winter storms and flooding that occurred from
February 1, 1998, to April 30, 1998;
The wildfires that occurred in southern California
commencing October 21, 2003;
The December 22, 2003, San Simeon Earthquake;
The storms, flooding, debris flows, and mudslides that
occurred during December 27, 2004, to January 11, 2005;
The storms, flooding, landslides, and mud and debris
flows that occurred in southern California during the
period from February 16, 2005, to February 23, 2005;
The storms, flooding, mudslides, and landslides that
occurred in northern California during the period from
December 17, 2005, to January 3, 2006;
The storms and flooding that occurred in northern and
central California during the period from March 29, 2006,
to April 16, 2006.
Prior/Related Legislation
SB 1385 (Leyva, 2016) adds a new stand-alone section of law to
the CDAA that stipulates the state share for eligible costs to
local entities shall be 100% of total state eligible costs in
connection with the shooting that occurred at the Inland
Regional Center in San Bernardino on December 2, 2015. (Pending
in this committee)
SB 937 (McGuire, 2016) adds the forest fires that occurred in
the County of Lake in 2015 to the list of events for which the
state share of state eligible cost is up to 100% under the CDAA.
(Pending in Senate Appropriations Committee)
AB 18 (Dodd, 2015) adds the South Napa earthquake that occurred
in Napa County on August 24, 2014 to the list of disaster events
for which the state share of state eligible costs is 100%.
(Held in Senate Appropriations Committee)
AB 1429 (Chesbro, 2011) would have added the tsunami that
occurred in Del Norte County on March 2011 to the list of
disaster events for which the state share of state eligible
SB 1118 (Berryhill) Page 5 of ?
costs is 100%. (Vetoed - Governor's message noted, "The state
has not paid for a local government's share of disaster costs
since 2006 and this measure would cost the state over $1
million. In addition, if I sign this measure, other counties
that sustain similar damages would likely request the same
relief - a precedent that the state currently cannot afford.")
SB 1537 (Kehoe, Chapter 355, Statutes of 2008) added the
wildfires that occurred in southern California, commencing on or
about October 20, 2007, to the list of disasters eligible for
full state reimbursement of local agency costs under the CDAA.
[SB 1537 failed to become operative because it was contingent
upon the enactment of SB 1764 (Kehoe, 2008) which was vetoed.]
SB 1764 (Kehoe, 2008) would have required a local agency, on or
after January 1, 2010, to obtain an annual certification by the
State Fire Marshal (SFM) to be eligible to receive a percentage
for a state share in excess of 75%. Also, would have required
the SFM to specify the possible percentage a local agency may
receive in excess of the 75% based upon certain criteria and
regulations to be promulgated by SFM on or before July 1, 2009.
(Vetoed by Governor)
SB 1308 (Cox, Chapter 400, Statutes of 2008) included the Angora
Fire which occurred in the Lake Tahoe Basin commencing June 24,
2007, to the list of disasters eligible for full state
reimbursement of local agency costs under the CDAA. [AB 1308
failed to become operative because it was contingent upon the
enactment of SB 1764 (Kehoe, 2008) which was vetoed.]
AB 49 (Arambula, 2007) would have amended the CDAA by adding the
extreme cold weather that occurred throughout California during
the month of January 2007 to the list of specific events
eligible for full state reimbursement of local agency costs.
(Held in Assembly Appropriations Committee)
AB 1798 (Berg, Chapter 896, Statutes of 2006) added the severe
rainstorms that occurred in selected counties in Northern
California from December 17, 2005, to January 3, 2006, to the
list of disasters eligible for full state reimbursement of local
agency costs under the CDAA.
AB 2140 (Hancock, Chapter 739, Statutes of 2006) prohibited the
state share for any eligible project from exceeding 75% of total
state eligible costs unless the local agency is located within a
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city, county, or city and county that has adopted a local hazard
mitigation plan as part of the safety element of its general
plan, as specified.
AB 2735 (Nava, Chapter 897, Statutes of 2006) added the severe
rainstorms that occurred in select counties in Northern
California from December 17, 2005, to January 3, 2006, to the
list of disasters eligible for full state reimbursement of local
agency costs under the CDAA.
AB 164 (Nava, Chapter 623, Statutes of 2005) added the severe
storms, flooding, debris flows, and mudslides that occurred in
the Counties of Kern, Los Angeles, Santa Barbara and Ventura in
December 2004, January 2005, February 2005, and March 2005, to
the list of disasters eligible for full state reimbursement of
local agency costs under the CDAA.
SB 457 (Kehoe, Chapter 622, Statutes of 2005) added the severe
rainstorms, floods, mudslides, and other events that occurred in
the Counties of Orange, Riverside, San Bernardino, and San Diego
during December 2004, January 2005, February 2005, March 2005,
and June 2005 to the list of disasters eligible for full state
reimbursement of local agency costs under the CDAA.
AB 1510 (Kehoe, Chapter 772, Statutes of 2004) added the
Southern California wildfires that occurred during October and
November 2003 and the San Simeon earthquake that occurred during
December 2003 to the list of disasters eligible for full state
reimbursement of local agency costs under the CDAA.
SB 438 (Soto, 2003) would have amended the CDAA by adding the
wildfires that occurred in Southern California beginning October
21, 2003, and the December 22, 2003, San Simeon earthquake to
the list of disasters eligible for full state reimbursement of
local agency costs. (Vetoed by the Governor)
FISCAL EFFECT: Appropriation: No Fiscal
Com.: Yes Local: No
SUPPORT:
Calaveras County Board of Supervisors
Rural County Representatives of California
Wine Institute
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OPPOSITION:
None received