BILL ANALYSIS
Bill No: SB
296
SENATE COMMITTEE ON GOVERNMENTAL ORGANIZATION
Senator Dean Florez, Chair
2007-2008 Regular Session
Staff Analysis
SB 296 Author: Dutton
As Introduced: February 15, 2007
Hearing Date: April 10, 2007
Consultant: Art Terzakis
SUBJECT
Office of Emergency Services: disaster preparedness
DESCRIPTION
SB 296 makes the following clarifying and technical changes
to the "Public/Private Partnership for Emergency Services
program enacted in 2005 (SB 546 - Dutton, Chapter 232,
Statutes of 2005):
1. Renames the "Disaster Resistant Communities Account" in
the General Fund to read the "Disaster Resistant
Communities Fund" in the State Treasury .
2. Deletes the requirement that any new activity
undertaken by the Office of Emergency Services (OES) be
contingent upon the receipt of donations to the account.
EXISTING LAW
The California Emergency Services Act sets forth the duties
of the Governor's Office of Emergency Services (OES) in
overseeing and coordinating various emergency response
programs in the state. OES is responsible for assuring the
state's readiness to respond to and recover from the
effects of emergencies that threaten lives, property and
the environment. OES assists local governments and state
agencies in developing their emergency preparedness,
response, recovery and mitigation plans, for terrorism,
earthquakes, floods, fires, hazardous materials incidents
SB 296 (Dutton) continued
Page 2
and dam breaks in accordance with the State Plan.
Existing law, the Disaster Assistance Act, requires that
the Director of OES provide financial assistance to local
agencies for public real property that is damaged or
destroyed by a disaster. The federal government augments
the State's emergency management activities when there has
been a declaration of an agricultural-related disaster,
economic-related disaster, or the President has declared an
emergency or major disaster.
Existing law authorizes OES to include private businesses
and nonprofit organizations within its responsibilities to
prepare the state for disasters. Additionally, existing
law creates the "Disaster Resistant Communities Account" in
the General Fund and authorizes the Director of OES, upon
appropriation by the Legislature, to expend the money in
the account for this purpose. Furthermore, existing law
requires that any new activity undertaken by OES under
these provisions be contingent upon the receipt of
donations to the account.
PRIOR and RELATED LEGISLATION
SB 546 (Dutton) Chapter 232, Statutes of 2005. Among other
things, authorized OES to integrate private sector
emergency preparedness measures into governmental disaster
planning programs. Also, created the Disaster Resistant
Communities Account in the General Fund and required that
any new activity undertaken by OES under this bill's
provisions would be contingent upon the receipt of private
donations to the account.
SB 477 (Soto) Chapter 377, Statutes of 2005. Authorized
OES to establish a model process that would be made
available to assist a community in recovering from an
emergency proclaimed by the Governor.
BACKGROUND
Purpose of SB 296: According to the author's office, this
measure is intended to help OES implement SB 546 (Dutton)
of 2005 which legitimatized and encouraged the private
sector's involvement in all areas of emergency management
(preparedness, response, recovery and mitigation). The
author's office indicates that the provisions of law
SB 296 (Dutton) continued
Page 3
enacted by SB 546 need to be amended to enhance the ability
of OES to carry-out the legislative intent due to the fact
that: (1) the funding mechanism is limited to donations and
private grants; and (2) once funds are donated, it needs to
be made clear that the funds are in a special account for
the purposes of this bill.
For example, the author's office points out that activities
related to disaster preparedness, response, recovery,
and/or mitigation may be eligible for federal grants;
however, current law limits funding to donations and
private grants only. Also, the author's office notes that
OES had some programmatic activity to assist the private
sector in emergency preparedness prior to the enactment of
the previous legislation (SB 546 - Dutton). Thus, it can
be difficult to draw a clear line between these former
activities and the new activities created under the new law
(SB 546 - Dutton). Based on discussions with OES, the
author believes it is therefore necessary to clarify
current law so that pre-existing efforts are not hindered
from continuing, because the program is contingent upon new
funds.
Furthermore, the author's office states that existing law
requires donations to be placed in the state's General
Fund. The author's office contends that this mingling of
donated funds with the General Fund makes it more difficult
for OES and the Legislature to act, as the funds were not
segregated in a special fund for the limited purpose of
this program.
SUPPORT: Governor's Office of Emergency Services
OPPOSE: None on file as of April 5, 2007.
FISCAL COMMITTEE: Senate Appropriations Committee
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