BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 296|
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THIRD READING
Bill No: SB 296
Author: Dutton (R)
Amended: 6/4/07
Vote: 21
SENATE GOVERNMENTAL ORG. COMMITTEE : 8-0, 4/10/07
AYES: Florez, Denham, Battin, Maldonado, Vincent, Wiggins,
Wyland, Yee
NO VOTE RECORDED: Negrete McLeod
SENATE APPROPRIATIONS COMMITTEE : 16-0, 5/31/07
AYES: Torlakson, Cox, Aanestad, Ashburn, Cedillo, Corbett,
Dutton, Florez, Kuehl, Oropeza, Ridley-Thomas, Runner,
Simitian, Steinberg, Wyland, Yee
NO VOTE RECORDED: Battin
SUBJECT : Office of Emergency Services: disaster
preparedness
SOURCE : Office of Emergency Services
DIGEST : This bill makes two 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, and (2) specifies that the outreach program shall
be implemented to the extent that in-kind contributions or
donations are available from the private sector or grant
CONTINUED
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funds are available from the federal government.
ANALYSIS : 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 and dam breaks in accordance with the
State Plan.
Existing law, the Disaster Assistance Act, requires that
the Director of OES provides 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.
Background
According to the author's office, this bill 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
enacted by SB 546 need to be amended to enhance the ability
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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.
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. The author's office also 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. Based on discussions with OES, the author's office
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 are not
segregated in a special fund for the limited purpose of
this program.
Related Legislation
SB 546 (Dutton), Chapter 232, Statutes of 2005 . Passed the
Senate Floor 40-0, June 1, 2005, authorizes OES to
integrate private sector emergency preparedness measures
into governmental disaster planning programs, creates the
Disaster Resistant Communities Account in the General Fund
and required that any new activity undertaken by OES under
this bill's provisions will be contingent upon the receipt
of private donations to the account.
SB 477 (Soto), Chapter 377, Statutes of 2005 . Authorizes
OES to establish a model process that is made available to
assist a community in recovering from an emergency
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proclaimed by the Governor.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 6/4/07)
Governor's Office of Emergency Services (source)
Department of Finance
TSM:do 6/5/07 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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