BILL ANALYSIS
Bill No: AB
611
SENATE COMMITTEE ON GOVERNMENTAL ORGANIZATION
Senator Roderick D. Wright, Chair
2009-2010 Regular Session
Staff Analysis
AB 611 Author: Fong
As Amended: April 15, 2009
Hearing Date: June 9, 2009
Consultant: Chris Lindstrom
SUBJECT
Emergency services: populations with limited English
proficiency.
DESCRIPTION
AB 611 requires the California Emergency Management Agency
(CalEMA) to take measures to help people with limited
English proficiency (LEP) prepare for emergencies and
understand information conveyed during emergencies, such as
utilizing bilingual persons in public contact positions,
and coordinating with organizations that represent the
needs of LEP persons in order to disseminate guidance to
local and regional governmental entities. Specifically,
this bill:
1)Provides that the Secretary of CalEMA (Secretary) shall
take into consideration the multiple languages and the
needs of populations with LEP during emergency
preparedness planning, response, and recovery, including
when developing committee recommendations within the
Standardized Emergency Management System (SEMS)
structure, drafting guidance for local and regional
governmental entities, and reviewing emergency plans of
state, regional, and local governmental entities.
2)Provides that the Secretary shall work in collaboration
with local ethnic community-based organizations and
ethnic media outlets in developing communication
AB 611 (Fong) continued
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strategies so that alert and warning information can be
more broadly sent out to LEP communities.
3)Specifies that the Secretary shall utilize a registry of
qualified bilingual persons in public contract positions,
as defined, to assist with emergency preparedness,
response, and recovery, as the Secretary deems necessary.
4)Provides that the Secretary shall incorporate the needs
of populations with LEP in all emergency preparedness,
response, and recovery training and exercises, including
the exercises identified in the statewide exercise
strategy and other exercises related to crisis
communications.
5)Makes legislative findings and declarations.
EXISTING LAW
Existing law requires CalEMA, under the California
Emergency Services Act, to coordinate the emergency
services of all state agencies in connection with
emergencies, and, to establish a standardized emergency
management system for use by all emergency response
agencies. CalEMA 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. CalEMA assists local governments and state
agencies in developing their emergency preparedness,
response, recovery, and mitigation plans, in accordance
with the State Emergency Plan.
Existing law provides that the Secretary is responsible for
coordinating the emergency activities of all state agencies
in connection with a state emergency.
Existing law requires the Secretary to appoint
representatives of the disabled community to serve on SEMS
committees. Requires the Secretary to ensure that all SEMS
committee recommendations regarding preparedness, planning,
and procedures relating to emergencies include the needs of
people with disabilities.
Existing law establishes the Emergency Council to act as an
advisory body to the Governor in times of emergency and on
matters of emergency preparedness. Requires the Emergency
AB 611 (Fong) continued
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Council to publish a biennial report on the state of
emergency preparedness for catastrophic disasters.
Requires the report to include information from the after
action analysis of disasters in the preceding two years,
research directed by the Emergency Council, and surveys of
local and state emergency response agencies. Requires the
report to also include a summary of strategic actions
necessary to address identified gaps in emergency
preparedness and an evaluation of previous efforts to close
gaps identified in previous reports, audits, and
independent analyses.
Existing law requires CalEMA to develop model guidelines
for local government agencies and community-based
organizations planning to develop a disaster registry
program. Specifies that adoption of the model guidelines
is voluntary. Requires the guidelines to:
a) Specify the intent of the registry is to encourage
that those registered will receive a phone call or
visit from neighborhood disaster volunteers as soon as
possible after the disaster;
b) Establish a list of persons eligible for the
registry, including disabled persons (including
persons with developmental disabilities), the elderly,
those for whom English is not a first language,
long-term health care facilities, residential
community care facilities, and residential care
facilities for the elderly;
c) Contain a statement specifying that the party
responsible for responding to those registered will
not be held liable for not responding; and,
d) Contain a plan for ensuring that hard data is
available if computers shut down.
Existing law defines a "bilingual person" as a person who
is proficient in both the English language and the foreign
language to be used. Defines a "sufficient number of
qualified bilingual persons in public contact positions" as
the number required to provide the same level of services
to non-English-speaking persons as is available to
English-speaking persons seeking services.
AB 611 (Fong) continued
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BACKGROUND
Purpose of the bill. According to the author, California
has long been prone to disasters, and emergency
preparedness planning at the state and local levels is
crucial for ensuring our state is equipped to recover from
any disaster situation. With six million LEP individuals
in California, and 40% of Asian, Pacific Islander, and
Latino communities having limited English proficiency, the
state's emergency preparedness system must account for the
needs of our significant LEP population.
In any emergency situation, communication with the public
is crucial for sending out instructions and procedures,
thereby saving lives and minimizing injuries and damage.
Disaster preparedness report. The Tomas Rivera Policy
Institute and Asian Pacific American Legal Center worked
together to release a report in June 2008, that examines
how communities with large populations with LEP immigrants
would fare in the face of a natural disaster striking
Southern California. After conducting interviews with
emergency service personnel, both in local governments and
in non-profit organizations, and holding focus groups with
LEP community members in their languages, they came away
with the several findings:
1)Both county and city government agencies and nonprofit
relief organizations, for the most part, are not
providing culturally sensitive disaster preparedness
education in languages that reflect the demographics of
the populations being served.
2)Currently, there are no tools in place to provide
immediate translation of all emergency information in a
rapid manner to LEP populations in Southern California.
3)First responders rely on bilingual family members, often
children, to provide translation for officers, deputies,
fire personnel, etc.
4)Latino, Chinese, and Vietnamese focus group participants
named their respective native language radio stations as
the first place they turn to for emergency information,
highlighting the importance of these ethnic media outlets
as a tool for communication.
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5)All first response personnel interviewed stated that
immigration status is not considered when providing
disaster services, but none of the agencies interviewed
had in place mechanisms by which to reassure the public
that immigration status is not asked during disaster
response.
Little Hoover Commission report. The Little Hoover
Commission (LHC) issued a report in 2006, titled "Preparing
for Catastrophic Events" that charged California is not
prepared to respond to a catastrophic emergency. In
particular, LHC's report indicated that state and local
agencies need to enhance the ability to meet the needs of
vulnerable populations, including those with limited
English proficiency, during and following catastrophic
events. According to CalEMA's staff, CalEMA is
following-up on LHC's recommendations and is incorporating
LEP issues in its guidance to local government, training
and exercises.
PRIOR/RELATED LEGISLATION
AB 1930 (Torrico), 2007-2008 Legislative Session . Would
have required the Office of Emergency Services to take
measures to help people with limited English Proficiency
(LEP) prepare for emergencies and understand information
conveyed during emergencies, such as utilizing persons in
public contact positions, and coordinating with
organizations that represent the needs of LEP persons in
order to disseminate guidance to local and regional
governmental entities. (Held in Senate Appropriations
Committee)
AB 615 (Torrico), 2007-2008 Legislative Session . Would
have required the Office of Emergency Services to consider
the needs of people with LEP in creating emergency and
disaster response plans. (Held in Assembly Appropriations
Committee)
AB 103 (Cohn), Chapter 696, Statutes of 2006 . Requires the
State Department of Education to electronically distribute
disaster preparedness educational materials and lesson
plans that are currently available to local school
districts and county offices of education in at least the
three most dominant primary languages spoken by English
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learners in California. Requires the Department of
Education to coordinate with the Office of Emergency
Services to make sure that all materials are reviewed and
updated, annually.
SB 1451 (Kehoe), Chapter 600, Statutes of 2006 . Requires
OES to ensure that members of the disabled community are
represented on all pertinent SEMS Specialist Committees to
ensure that the needs of people with disabilities are met
during emergency and disaster situations. Requires OES to
submit a report to the Legislature and appropriate state
and local agencies by January 1, 2009 containing
recommendations regarding emergency preparedness and the
needs of people with disabilities. Requires OES to prepare
and disseminate sample brochures and other materials on the
emergency preparedness and evacuations needs of the
disabled community. Requires OES and the Office of the
State Fire Marshal to seek research funding in order to
develop new technologies and information systems that will
in the effort to improve emergency services to people with
disabilities.
SB 546 (Dutton), Chapter 232, Statutes of 2005 . Authorizes
OES to share facilities and systems with private businesses
and nonprofit organizations in a voluntary program that
integrates private sector emergency preparedness measures
into governmental disaster planning programs to the extent
that the cost of the program is reimbursed by the private
sector.
SUPPORT : As of June 5, 2009:
Asian Americans for Civil Rights and Equality (Sponsor)
American Civil Liberties Union
American Federation of State, County, and Municipal
Employees, AFL-CIO
American Red Cross, Bay Area Chapter
Asian and Pacific Islander American Health Forum
Asian Health Services
California Academy of Family Physicians
California Association of Nonprofits
California Catholic Conference
California Immigrant Policy Center
California Professional Firefighters
Latino Coalition for a Healthy California
Little Hoover Commission
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NICOS Chinese Health Coalition
OPPOSE : None on file as of June 5, 2009.
FISCAL COMMITTEE: Senate Appropriations Committee
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