BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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          |SENATE RULES COMMITTEE            |                   AB 486|
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                                    CONSENT


          Bill No:  AB 486
          Author:   Chesbro (D)
          Amended:  As introduced
          Vote:     21

           
           SENATE GOVERNMENTAL ORG. COMMITTEE  :  9-0, 6/9/09
          AYES:  Wright, Harman, Benoit, Calderon, Denham, Negrete  
            McLeod, Padilla, Wiggins, Yee
          NO VOTE RECORDED:  Florez, Oropeza, Wyland, Vacancy

           ASSEMBLY FLOOR  :  71-0, 4/23/09 - See last page for vote


           SUBJECT  :    Local government:  emergencies

           SOURCE  :     Author


           DIGEST  :    This bill 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 bill  
          (1) eliminates the distinction between a local governing  
          body that meets weekly and nonweekly; and (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.

           ANALYSIS  :    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  
                                                           CONTINUED





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          for continuing the local emergency at its regularly  
          scheduled meeting, 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.

          Current law prescribes that a local governing body must  
          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 bill eliminates the distinction between a governing  
          body that meets weekly and nonweekly and extends 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.

           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.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  No    
          Local:  No

           SUPPORT  :   (Verified  6/9/09)

          American Federation of State, County and Municipal  
          Employees, AFL-CIO
          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








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           ARGUMENTS IN SUPPORT  :    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.  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  
          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 this bill 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.


           ASSEMBLY FLOOR  : 
          AYES:  Adams, Ammiano, Anderson, Arambula, Beall, Bill  
            Berryhill, Tom Berryhill, Blakeslee, Block, Blumenfield,  
            Brownley, Caballero, Charles Calderon, Carter, Chesbro,  
            Conway, Cook, Coto, De La Torre, De Leon, DeVore, Duvall,  
            Eng, Evans, Feuer, Fong, Fuentes, Fuller, Furutani,  
            Gaines, Galgiani, Garrick, Gilmore, Hagman, Hall,  
            Hayashi, Hernandez, Hill, Huber, Huffman, Jeffries,  







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            Jones, Knight, Krekorian, Lieu, Logue, Bonnie Lowenthal,  
            Ma, Mendoza, Miller, Monning, Nestande, Niello, Nielsen,  
            John A. Perez, V. Manuel Perez, Portantino, Price,  
            Ruskin, Salas, Saldana, Silva, Skinner, Smyth, Solorio,  
            Audra Strickland, Swanson, Torlakson, Tran, Yamada, Bass
          NO VOTE RECORDED:  Buchanan, Davis, Emmerson, Fletcher,  
            Harkey, Nava, Torres, Torrico, Villines


          RJG:cm  6/10/09   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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