BILL ANALYSIS                                                                                                                                                                                                    Ó



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          SENATE THIRD READING


          SB  
          1385 (Leyva)


          As Amended  August 15, 2016


          Majority vote


          SENATE VOTE:  39-0


           ------------------------------------------------------------------ 
          |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         |                    |








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          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Appropriations  |20-0 |Gonzalez, Bigelow,    |                    |
          |                |     |Bloom, Bonilla,       |                    |
          |                |     |Bonta, Calderon,      |                    |
          |                |     |Chang, Daly, Eggman,  |                    |
          |                |     |Gallagher, Eduardo    |                    |
          |                |     |Garcia, Holden,       |                    |
          |                |     |Jones, Obernolte,     |                    |
          |                |     |Quirk, Santiago,      |                    |
          |                |     |Wagner, Weber, Wood,  |                    |
          |                |     |McCarty               |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
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          SUMMARY:  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.


          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  








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            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 Assembly Appropriations  
          Committee, General Fund costs of approximately $1.6 million to  
          be payable over several fiscal years beginning in 2016-17.


          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.  


          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,  








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          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. [United States] 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% reimbursement for costs related to the  
          attack."


          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  








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          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 this  
          bill was not a federally declared disaster. 


          Payment of the local share of disaster-related costs has been  
          statutorily extended in the following federally recognized  
          disasters:


          1)The October 17, 1989, Loma Prieta earthquake;
          2)The October 20, 1991, East Bay fire;


          3)The fires that occurred in southern California from October 1,  
            1993, to November 30, 1993;


          4)The January 17, 1994, Northridge Earthquake;


          5)The storms that occurred in California in January and  
            February, 1995;


          6)The storms that occurred in California in December, 1996 and  
            early January of 1997;









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          7)The winter storms and flooding that occurred from February 1,  
            1998, to April 30, 1998;


          8)The wildfires that occurred in southern California  commencing  
            October 21, 2003;


          9)The December 22, 2003, San Simeon Earthquake;


          10)The storms, flooding, debris flows, and mudslides that  
            occurred during December 27, 2004, to January 11, 2005;


          11)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;


          12)The storms, flooding, mudslides, and landslides that occurred  
            in northern California during the period from December 17,  
            2005, to January 3, 2006;


          13)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 the current  
          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)  


          SB 937 (McGuire) of the current legislative session.  Adds the  








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          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) of the current 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.  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) of 2008 which was vetoed.]


          SB 1764 (Kehoe) of 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  








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          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) of 2008 which was vetoed.]


          AB 49 (Arambula) of 2007-2008.  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 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 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.










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          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) of 2003-2004.  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)




          Analysis Prepared by:                                             
          Kenton Stanhope / G.O. / (916) 319-2531  FN: 0004292












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