BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 611|
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THIRD READING
Bill No: AB 611
Author: Fong (D)
Amended: 4/15/09 in Assembly
Vote: 21
SENATE GOVERNMENTAL ORG. COMMITTEE : 12-0, 6/23/09
AYES: Wright, Harman, Benoit, Denham, Florez, Negrete
McLeod, Oropeza, Padilla, Price, Wiggins, Wyland, Yee
NO VOTE RECORDED: Calderon
SENATE APPROPRIATIONS COMMITTEE : 8-1, 7/13/09
AYES: Kehoe, Corbett, Denham, Hancock, Leno, Price, Wolk,
Yee
NOES: Cox
NO VOTE RECORDED: Oropeza, Runner, Walters, Wyland
ASSEMBLY FLOOR : 70-1, 5/14/09 - See last page for vote
SUBJECT : Emergency services: populations with limited
English proficiency
SOURCE : Asian Americans for Civil Rights and Equality
DIGEST : This bill requires the California Emergency
Management Agency 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
CONTINUED
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guidance to local and regional governmental entities.
ANALYSIS :
Existing law:
1. Requires California Emergency Management Agency
(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.
2. Provides that the Secretary is responsible for
coordinating the emergency activities of all state
agencies in connection with a state emergency.
3. 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.
4. 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 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
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in previous reports, audits, and independent analyses.
5. 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.
D. Contain a plan for ensuring that hard data is
available if computers shut down.
6. 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.
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)
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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
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.
Comments
According to the author's office, 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
percent 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
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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.
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
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following-up on LHC's recommendations and is incorporating
LEP issues in its guidance to local government, training
and exercises.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
According to the Senate Appropriations Committee:
Fiscal Impact (in thousands)
Major Provisions 2009-10 2010-11
2011-12 Fund
Incorporation LEP Up to $100 Likely
absorbable costs General/
Needs in emergency ongoing Federal
Preparedness planning
activities
SUPPORT : (Verified 7/15/09)
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
NICOS Chinese Health Coalition
ASSEMBLY FLOOR :
AYES: Adams, Arambula, Beall, Bill Berryhill, Tom
Berryhill, Blakeslee, Block, Blumenfield, Brownley,
Buchanan, Caballero, Charles Calderon, Carter, Chesbro,
Cook, Coto, Davis, De La Torre, De Leon, DeVore, Duvall,
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Emmerson, Eng, Evans, Feuer, Fletcher, Fong, Fuller,
Furutani, Galgiani, Garrick, Gilmore, Hagman, Hall,
Hayashi, Hernandez, Hill, Huber, Huffman, Jeffries,
Jones, Krekorian, Lieu, Logue, Bonnie Lowenthal, Ma,
Mendoza, Monning, Nava, Nestande, Niello, Nielsen, John
A. Perez, V. Manuel Perez, Portantino, Price, Ruskin,
Salas, Silva, Skinner, Solorio, Audra Strickland,
Swanson, Torlakson, Torres, Torrico, Tran, Villines,
Yamada, Bass
NOES: Anderson
NO VOTE RECORDED: Ammiano, Conway, Fuentes, Gaines,
Harkey, Knight, Miller, Saldana, Smyth
TSM:do 7/15/09 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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