BILL ANALYSIS Ó
SB 1385
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SENATE THIRD READING
SB
1385 (Leyva)
As Amended August 15, 2016
Majority vote
SENATE VOTE: 39-0
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|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 | |
SB 1385
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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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