BILL ANALYSIS
SB 296
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Date of Hearing: June 27, 2007
ASSEMBLY COMMITTEE ON GOVERNMENTAL ORGANIZATION
Alberto Torrico, Chairman
SB 296 (Dutton) - As Amended: June 4, 2007
SENATE VOTE : 40-0
SUBJECT : Office of Emergency Services: disaster preparedness
SUMMARY : Provides a new funding mechanism for the Office of
Emergency Services (OES) to implement the Public-Private
Partnership for Emergency Services Program. Specifically, this
bill :
1)Changes the title of the Disaster Resistant Communities
Account (DRCA) to the Disaster Resistant Communities Fund.
2)Adds federal grants and in-kind contributions to the types of
funding that may be used to implement the public private
partnership.
EXISTING LAW :
1)Authorizes the OES to include private businesses and nonprofit
organizations within its responsibilities to prepare the state
for disasters.
2)Creates the DRCA in the General Fund and authorizes the
Director of the OES, upon appropriation by the Legislature, to
expend the money in the account for this purpose.
3)Requires that any new activity undertaken by the office under
these provisions be contingent upon the receipt of private
donations to the account.
FISCAL EFFECT : According to Senate Appropriations, recent
amendments removed much of the cost pressure to the General
Fund.
COMMENTS :
Under the California Emergency Services Act (CESA), the OES
oversees and coordinates various emergency response programs in
the state. In addition to preparing the state for response and
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recovery from the effects of an emergency, the 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 2005, SB 546 (Dutton) amended the CESA to grant the OES with
the authority to enter into public-private partnerships to carry
out their emergency preparedness efforts. The DRCA was
established to help finance this purpose and make sure that any
new activity assumed by OES would be contingent upon the receipt
of private donations.
However, in order to carry out the full intent of SB 546, OES
contends that further changes are necessary. SB 296 provides
these changes by ensuring that the funding mechanism for the
public-private partnership is not limited to private donations
but rather include federal grant money and in-kind
contributions.
The bill also creates a special fund to receive the new
donations and/or grant money. This special fund would be used
in place of the General Fund because, as the author contends,
the "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."
According to the author, OES already had programmatic activity
to assist the private sector in emergency preparedness prior to
the enactment of SB 546. Thus, it can be "difficult to draw a
clear line between these former activities and the new
activities created under the new law." Since the new program is
contingent upon new funds, the author believes its "necessary to
clarify current law so that pre-existing efforts are not
hindered from continuing."
Similar Legislation : SB 546 (Dutton), Chapter 232, Statutes of
2005, authorized the OES to partner with private sector
interests to integrate private sector and governmental
emergency preparedness efforts. In addition, this bill creates
the DRSA in the General Fund into which private donations may be
deposited.
SB 477 (Soto), Chapter 377, Statutes of 2005, authorized OES to
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establish a model process that is made available to assist a
community in recovering from an emergency
REGISTERED SUPPORT / OPPOSITION :
Support
Office of Emergency Services
Opposition
None on file
Analysis Prepared by : Ryan Spencer / G. O. / (916) 319-2531