BILL NUMBER: SB 548	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Hollingsworth

                        FEBRUARY 22, 2007

   An act to amend Section 8690.6 of the Government Code, relating to
emergency services, making an appropriation therefor, and declaring
the urgency thereof, to take effect immediately.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 548, as introduced, Hollingsworth. California Emergency
Services Act: Disaster Response-Emergency Assistance Account: repeal
date.
   The California Emergency Services Act establishes the Disaster
Response-Emergency Response Operations Account in the Special Fund
for Economic Uncertainties, and continuously appropriates moneys in
the account for allocation by the Director of Finance to state
agencies for qualifying disaster response operation costs, subject to
specified conditions. These provisions are repealed as of July 1,
2013.
   This bill would extend the repeal date of these provisions to
January 1, 2007. By extending the existence of a continuously
appropriated fund, this bill would make an appropriation.
   This bill would declare that it is to take effect immediately as
an urgency statute.
   Vote: 2/3. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 8690.6 of the Government Code is amended to
read:
   8690.6.  (a) The Disaster Response-Emergency Operations Account is
hereby established in the Special Fund for Economic Uncertainties.
Notwithstanding Section 13340, moneys in the account are continuously
appropriated, subject to the limitations specified in subdivisions
(c) and (d), without regard to fiscal years, for allocation by the
Director of Finance to state agencies for disaster response operation
costs incurred by state agencies as a result of a proclamation by
the Governor of a state of emergency, as defined in subdivision (b)
of Section 8558. These allocations may be for activities that occur
within 120 days after a proclamation of emergency by the Governor.
   (b) It is the intent of the Legislature that the Disaster
Response-Emergency Operations Account have an unencumbered balance of
one million dollars ($1,000,000) at the beginning of each fiscal
year. If this account requires additional moneys to meet claims
against the account, the Director of Finance may transfer moneys from
the Special Fund for Economic Uncertainties to the account in an
amount sufficient to pay the amount of the claims that exceed the
unencumbered balance in the account.
   (c) Funds shall be allocated from the account subject to the
conditions of this section and upon notification by the Director of
Finance to the chairperson of the Joint Legislative Budget Committee
and the chairpersons of the fiscal committees in each house.
   (d) Notwithstanding any other provision of law, authorizations for
acquisitions, relocations, and environmental mitigations related to
activities, as described in subdivision (a), shall be authorized
pursuant to this section. However, these funds may only be authorized
for needs that are a direct consequence of the proclaimed emergency
where failure to undertake the project may interrupt essential state
services or jeopardize public health or safety. In addition, any
acquisition accomplished under this subdivision shall comply with any
otherwise applicable law, except as provided in the first sentence
of this subdivision.
   (e) No funds allocated under this section shall be used to
supplant federal funds otherwise available in the absence of state
financial relief.
   (f) The amount of financial assistance provided to an individual,
business, or governmental entity under this section, or pursuant to
any other program of state-funded disaster assistance, shall be
deducted from sums received in payment of damage claims asserted
against the state, its agents, or employees, for causing or
contributing to the effects of the proclaimed disaster.
   (g) No public entity administering disaster assistance to
individuals shall receive funds under this section unless it
administers that assistance pursuant to the following criteria:
   (1) All applications, forms, and other written materials presented
to persons seeking assistance shall be available in English and in
the same language as that used by the major non-English-speaking
group within the disaster area.
   (2) Bilingual staff who reflect the demographics of the disaster
area shall be available to applicants.
   (h) This section shall remain in effect only until  July
1, 2007   January 1, 2013  , and as of that date is
repealed, unless a later enacted statute, that is enacted before
 July 1, 2007   January 1, 2013  , deletes
or extends that date.
  SEC. 2.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
   In order that the Disaster Response-Emergency Operations Account
established pursuant to Section 8690.6 of the Government Code may
continue in uninterrupted existence, it is necessary that this act
take effect immediately.