BILL ANALYSIS Ó
SENATE COMMITTEE ON GOVERNMENTAL ORGANIZATION
Senator Isadore Hall, III
Chair
2015 - 2016 Regular
Bill No: SB 1385 Hearing Date: 4/12/2016
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|Author: |Leyva |
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|Version: |3/29/2016 Amended |
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|Urgency: |No |Fiscal: |Yes |
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|Consultant:|Arthur Terzakis |
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SUBJECT: California Disaster Assistance Act: Inland Regional
Center
DIGEST: This bill adds a stand-alone section of law to the
California Disaster Assistance Act (CDAA) that stipulates the
state share of 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.
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 provides that, under the CDAA, the state share of
SB 1385 (Leyva) Page 2 of ?
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.
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 1385. The author's office states that "on
December 2, 2015, terrorists opened fire with semi-automatic
weapons on 100 employees of the County of San Bernardino
Division of Environmental Health Services who were participating
in an all-day training session. The attack killed 14 people,
seriously injured 22 other individuals and was the deadliest
terrorist attack on U.S. soil since September 11, 2001. As the
terrorist attack unfolded, law enforcement immediately sprang
into action to protect the public and apprehend the terrorists.
First responders were on site within minutes and provided
tactical and strategic law enforcement and emergency medical
services during and after the mass shooting."
The author's office points out that the CDAA is the primary
funding mechanism available for recovering local costs in
response to disasters. The San Bernardino tragedy is the first
"terrorist" attack for which the Office of Emergency Services
(OES) is responsible for determining what costs will be eligible
for reimbursement.
SB 1385 (Leyva) Page 3 of ?
Typically, the CDAA has been used in response to natural
disasters and, in most cases, the state provides 75%
reimbursement for eligible costs and local government is
responsible for the remaining 25%. The author's office notes
that in some statutorily identified disasters the state has paid
100% of the non-federal eligible disaster mitigation costs.
The author's office claims that the estimated cost in responding
to the San Bernardino terrorist attack exceeds $18 million and,
without further state help, local agencies will be financially
penalized for their rapid and comprehensive response to this
tragedy. Furthermore, the author's office emphasizes that the
City of San Bernardino is still grappling with a recent
bankruptcy filing and the County continues to wage an uphill
battle with respect to unemployment and a 20% poverty index.
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
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.
SB 1385 (Leyva) Page 4 of ?
Prior/Related Legislation
SB 1118 (Berryhill, 2016) 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
CDAA. (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 costs 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
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
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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
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.
SB 1385 (Leyva) Page 6 of ?
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:
City of San Bernardino
County of San Bernardino (source)
Inland Action
San Bernardino County District Attorney
San Bernardino County Sheriff's Department
Urban Counties of California
OPPOSITION:
None received