BILL ANALYSIS Ó
SB 1385
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Date of Hearing: June 30, 2016
ASSEMBLY COMMITTEE ON GOVERNMENTAL ORGANIZATION
Adam Gray, Chair
SB
1385 (Leyva) - As Amended March 29, 2016
SENATE VOTE: 39-0
SUBJECT: California Disaster Assistance Act: Inland Regional
Center
SUMMARY: 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.
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.
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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.
FISCAL EFFECT: According to the Senate Appropriations
Committee, estimated General Fund costs of approximately $1.6
million, payable over several fiscal years beginning in 2016-17,
based upon preliminary estimates of eligible disaster-related
costs.
COMMENTS:
Background : The California Disaster Assistance Act (Act) is
California's state disaster assistance program. The Act
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%. In recent
federally declared disasters, it has been the Legislature's
practice to increase the Act funding to 100% so that the state
would pay the entire remaining 25% nonfederal share of eligible
costs. The Legislature usually has not increased the Act
funding to 100% for state-only disasters that are not federally
declared. For some statutorily specified disasters, the state
has paid 100% of the non-federal eligible disaster mitigation
costs.
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It is important to note that 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 the bill : According to the author: "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."
"SB 1385 would ensure these local agencies who responded
promptly and heroically to the San Bernardino tragedy will be
eligible to receive 100 percent reimbursement for costs related
to the attack."
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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. 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.
Sharing the Cost : When federal officials declare a disaster
area, the federal government pays 75% of the disaster costs; the
other of the 25% of the costs is shared by the state and the
affected local government. As stated above, there are some
exceptions where the state has paid 100% of the non-federal
eligible disaster mitigation costs in specified disasters (see
list below). Generally, the Legislature usually has not
increased the Act funding to 100% for state-only disasters that
are not federally declared. The incident in question in SB 1385
was not a federally declared disaster.
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Payment of the local share of disaster-related costs has been
statutorily extended in the following federally recognized
disasters:
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.
Prior/Related Legislation : SB 1118 (Berryhill) of 2015-2016
Legislative Session. 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. (Held in Senate Appropriations Committee)
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SB 937 (McGuire) of 2015-2016 Legislative Session. 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. (Held in Senate Appropriations
Committee)
AB 18 (Dodd, 2015) of 2015-2016 Legislative Session. 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) of 2011-2012 Legislative Session. 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
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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) of 2007-2008 Legislative Session. 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) of 2008-2009 Legislative Session. 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
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Appropriations Committee)
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.
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
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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.
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SB 438 (Soto) of 2003-2004 Legislative Session. 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)
REGISTERED SUPPORT / OPPOSITION:
Support
County of San Bernardino (Sponsor)
California Professional Firefighters
California State Association of Counties
City of San Bernardino
Inland Action
San Bernardino County District Attorney
San Bernardino County Sheriff's Department
Urban Counties of California
Opposition
None on file
Analysis Prepared by:Kenton Stanhope / G.O. / (916)
319-2531
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