BILL ANALYSIS
Bill No: AB
486
SENATE COMMITTEE ON GOVERNMENTAL ORGANIZATION
Senator Roderick D. Wright, Chair
2009-2010 Regular Session
Staff Analysis
AB 486 Author: Chesbro
As Introduced: February 24, 2009
Hearing Date: June 9, 2009
Consultant: Art Terzakis
SUBJECT
Local Government: emergencies
DESCRIPTION
AB 486 modifies an existing provision of law relative to
the declaration of a local emergency and subsequent review
by the local governing body for the need to continue the
local emergency. Specifically, this measure:
1. Eliminates the distinction between a local
governing body that meets weekly and nonweekly.
2. Requires the governing body to review the
continuing need for a local emergency at least once
every 30 days (instead of the current 14 to 21 days)
until the local emergency is terminated.
EXISTING LAW
Existing law (Government Code Section 8630) requires a
governing body of a city, county, or city and county that
declared a local emergency to review the need for
continuing the local emergency at its regularly scheduled
meetings, but at least
every 21 days, or, if the governing body meets weekly, to
review the need for continuing the local emergency at least
every 14 days, until the local emergency is terminated.
BACKGROUND
Current law prescribes that a local governing body must
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review the need for a local emergency no more than 21 days
after the previous review at regularly scheduled meetings.
If the governing body meets weekly, current law provides
that it must review the need for continuing the local
emergency at least every 14 days, until the local emergency
has terminated.
This measure would eliminate the distinction between a
governing body that meets weekly and nonweekly and extend
the time period in which the governing body must review the
need for continuing the local emergency to at least once
every 30 days until the governing body terminates the local
emergency.
Purpose of AB 486: The author's office notes that the
existing requirement to meet more frequently to continue a
proclaimed state of emergency places unnecessary and
additional burdens on smaller counties - forcing them to
incur unnecessary costs associated with additional staffing
and the preparation of materials recommending such
continuances.
Examples of the problem: The Humboldt County Board of
Supervisors recently declared a state of emergency due to
the structural instability of the Martins Ferry Bridge on
State Highway 299 in Humboldt County which serves as a
vital corridor for the Counties of Humboldt, Shasta and
Trinity and as the primary access to the Yurok Indian
reservation. According to the author's office, the Yurok
Reservation has effectively been cut in half, impacting
school attendance, tribal services, and other critical
needs. Using other roads now requires a trip of 100 miles
and repair or replacement of the bridge is estimated to
cost $12 million to $19 million. Current law requires the
county's emergency declaration to be renewed every 14 days
to make the local jurisdiction eligible for emergency
funding assistance. The author's office points out that
for a long-term need such as this, renewing the emergency
declaration every 14 days is impractical.
The Counties of Santa Barbara and San Bernardino have also
expressed similar concerns with existing law. For example,
the County of San Bernardino indicates that it has had an
ongoing local emergency since September 24, 2002 to address
a bark beetle infestation on public and private lands
located in the San Bernardino and Angeles National Forests.
The Board of Supervisors has had to review and continue
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the local emergency declaration on either 14-day or 21-day
intervals as required by law in order to continue the
existence of the emergency.
The author's office emphasizes that AB 486 will provide
local governments the flexibility to continue these
emergencies as needed on a monthly basis - without
causing any significant consequences at the state level -
thus, easing the administrative and financial burden on
local governments.
PRIOR/RELATED LEGISLATION
AB 441 (Knight) Chapter 110, Statutes of 1995. Required
the governing body of a city, county, or city and county
that declared a local emergency to review the need for
continuing the local emergency at its regularly scheduled
meetings until the local emergency is terminated provided
that such review does not take place more than 21 days
after the previous review.
SUPPORT: As of June 5, 2009:
American Federation of State, County and Municipal
Employees (AFSCME)
California Association of Nonprofits
California Central Valley Flood Control Association
California State Association of Counties
Counties of Humboldt, San Bernardino and Santa Barbara
Regional Council of Rural Counties
OPPOSE: None on file as of June 5, 2009
FISCAL COMMITTEE: No.