BILL ANALYSIS
AB 1128
Page 1
Date of Hearing: April 30, 2009
ASSEMBLY COMMITTEE ON GOVERNMENTAL ORGANIZATION
Curren D. Price, Chairman
AB 1128 (Brownley) - As Introduced: February 27, 2009
SUBJECT : Emergency services: fire engines
SUMMARY : Requires the Secretary of the California Emergency
Management Agency (Cal EMA) to acquire 131 fire engines to
augment its existing fleet and to assign the fire engines to
governmental fire protection agencies in this state pursuant to
a written agreement containing specified terms. Specifically,
this bill :
1) Requires Cal EMA to acquire 131 fire engines to augment
its existing fleet and to assign the fire
engines to governmental fire protection agencies in this
state pursuant to a written agreement containing specified
terms [Government Code Section 8589.26 (a)].
2) Allows a local agency, as defined, to donate its used
fire engines in exchange for receiving a priority in
assignment of the new fire engines acquired by Cal EMA
[Government Code Section 8589.26 (e)].
3) Provides Cal EMA shall assign or reassign fire engines
in a manner that promotes rapid mobilization, organization,
and operation of the fire engines within strategically
located geographic regions of the state, to the
extent reasonably possible [Government Code Section 8589.26
(d)].
4) Requires Cal EMA to make used, repaired, or refurbished
fire engines, which are donated, as specified, available to
a local agency serving a rural area or community
[Government Code Section 8589.26 (f)].
5) Expresses the Legislature's intent to create and fund an
expenditure plan for the California Department of Forestry
and Fire Protection (Cal Fire) to replace, augment, and
upgrade its fire engine fleet and its emergency equipment
[SEC. 15 and SEC. 16].
6) Makes several findings and declarations.
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EXISTING LAW
1) Establishes the California Emergency Services Act and
charges the Cal EMA with the responsibility for overseeing
and coordinating emergency preparedness, response,
recovery, and homeland security activities.
2) Provides that under the State Assistance for Fire
Equipment Act, Cal EMA is authorized to acquire new or used
firefighting apparatus and equipment and to resell it to
local agencies providing fire suppression services.
FISCAL EFFECT : Unknown
COMMENTS : According to the author, in 2007, amidst yet another
100-year firestorm in southern California, only 19 of the 150
OES fire engines recommended for purchase by the commission had
actually been purchased. While our state's firefighting force
stood ready and able to attack the fires, state and
local governments lacked the equipment required to dispatch
personnel who might have otherwise reduced the devastating
impact of the fires by deploying a more rapid and
powerful response.
Given the destruction caused by the 2003 and 2007 southern
California fires, it is clear, now more than ever, that
assistance is needed to enable OES to purchase additional
engines for state and local emergency response use.
The author states, it is in the public's interest for the state
to implement the recommendation made by the commission and in
doing so, rapidly build upon its existing fire engine fleet for
use in mitigating the effects of all forms of
disasters, including terrorist acts, and major fires, floods,
and earthquakes.
Background . Over 50 years ago, the federal government
established a program to match state and local funds for the
purchase of fire and rescue apparatus and equipment. In doing
so, the federal government recognized that no single fire
department could afford to purchase and maintain sufficient fire
AB 1128
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and rescue apparatus to combat a major disaster or war-caused
conflagration.
In 1953 and 1954, the state, through OES, implemented the
recommendations of the Governor's Fire Advisory Committee and,
using federal matching funds, purchased 100 fire engines, and
assigned them, by written agreement, to local
governments throughout the state.
For five decades, local government assignees have been permitted
to use the OES fire engine fleet for mutual aid response, local
multiple alarm fires, temporary replacement for out-of-service
fire apparatus, firefighter training activities, and other local
governmental needs. Each assignee is required to dispatch the
OES fire engines with the requisite personnel to any emergency
in accordance with provisions of the Master Mutual Aid
Agreement.
In the aftermath of the 2003 southern California firestorm, a
bipartisan 34-member Blue Ribbon Fire Commission was established
to examine the devastating effects of the fires in an effort to
prevent similar devastation of life and property in
the future.
The final report of the Blue Ribbon Fire Commission revealed
that while state and local fire agencies reported having
available personnel capable of responding to fires, most lacked
the additional equipment required for such a response.
To this end, the commission recommended that the state develop,
among other things, a program to fund the acquisition of 150
additional OES fire engines. The commission also recommended
that the state begin replacing and diversifying the aging fire
engine fleet maintained by the Department of Forestry and Fire
Protection (Cal Fire).
Now that OES and the Office of Homeland Security have merged to
become Cal EMA, this bill would require the Secretary of Cal EMA
to acquire 131 fire engines to augment its existing fleet and to
assign the fire engines to governmental fire protection agencies
in this state pursuant to a written agreement containing
specified terms.
Prior legislation . AB 2154 (Brownley) of the 2008 Legislative
Session. Held in Assembly Appropriations Committee. Would have
required the Director of the Office of Emergency Services to
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acquire 131 fire engines to augment its existing fleet and to
assign the fire engines to governmental fire protection engines
in this state pursuant to a written agreement containing
specified terms.
REGISTERED SUPPORT / OPPOSITION :
Support
California Professional Firefighters
Opposition
None on file
Analysis Prepared by : Rod Brewer / G. O. / (916) 319-2531