BILL NUMBER: AB 1225 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JANUARY 4, 2010
INTRODUCED BY Assembly Member De La Torre
FEBRUARY 27, 2009
An act to add Section 12018.5 to the Government Code,
relating to energy efficiency. An act to add Section
8607.5 to the Government Code, relating to emergency services.
LEGISLATIVE COUNSEL'S DIGEST
AB 1225, as amended, De La Torre. Energy efficiency:
federal funds. Emergency and disaster response
exercises: infectious diseases.
(1) The California Emergency Services Act sets forth the duties of
state and local agencies in emergency and disaster preparedness and
response generally.
This bill would additionally require, pursuant to the act, that
the State Department of Public Health and local public health
departments, when conducting emergency or disaster preparedness
exercises relating to the outbreak of an infectious disease,
establish a process to identify any deficiencies in the preparedness
plans and procedures and track implementation of corrective measures,
according to specified criteria. By imposing a new duty on local
agencies, this bill would impose a state-mandated local program.
(2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Existing law authorizes the Governor to designate the agency
responsible for each federal program in which federal money is given
to the state, with the requirement that it be handled by a single
state agency, except as otherwise provided by statute. Existing law
requires that when the Governor designates an agency pursuant to this
authorization, the Governor notify the Joint Legislative Budget
Committee of the agency designated and the federal program for which
the agency was designated.
Executive Order S-20-04 and the accompanying Green Building Action
Plan established an interagency Green Action Team chaired by the
Secretary of the State and Consumer Services Agency, with additional
members being the Director of the Department of Finance, the
Secretaries of Business, Transportation and Housing, Environmental
Protection, Resources, Education, and a commissioner of the Public
Utilities Commission.
This bill would designate the Green Action Team as being
responsible for evaluating opportunities for the state to participate
in, and benefit from, the energy-related programs of the American
Recovery and Reinvestment Act of 2009 and to coordinate the state's
participation in any federal energy-related economic stimulus
programs and the distribution of moneys for energy efficiency and
renewable energy programs to specified entities.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. It is the intent of the Legislature in
enacting this act to ensure that state and local agencies are as
prepared as possible to respond to an outbreak of infectious disease,
including an influenza pandemic, in the state.
SEC. 2. Section 8607.5 is added to the
Government Code , to read:
8607.5. The State Department of Public Health and local public
health departments, when conducting emergency or disaster
preparedness exercises relating to the outbreak of an infectious
disease, shall establish a process to identify any deficiencies in
preparedness plans and procedures and track the implementation of
corrective measures to ensure that desired improvements are made to
those preparedness plans. The process shall provide for at least both
of the following:
(a) Preparation of an after-action report for each exercise
conducted, to be submitted within 90 days of the exercise, or within
a time period required by the terms and conditions of any federal
financial assistance the State Department of Public Health or local
public health department has received to prepare for an act of
bioterrorism or other public health emergency. After-action reports
shall include, but not be limited to, a review of identified
deficiencies, a review of response actions taken, suggested
modifications to plans and procedures, including, but not limited to,
the standardized emergency management system required by Section
8607, and identified training needs.
(b) Establishing written procedures to assist in the review and
consideration, and, if applicable, implementation of recommendations
included in after-action reports. Implementation of the
recommendations shall be at the option of the entity in question.
SEC. 3. It is the intent of the Legislature that
the requirements of Section 8607.5 of the Government Code, as added
by Section 2 of this act, are to supplement and shall not be
interpreted to supplant, or to prevail over, the terms and conditions
of any federal financial assistance the State Department of Public
Health or local public health department has received to prepare for
an act of bioterrorism or other public health emergency.
SEC. 4. If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code.
SECTION 1. Section 12018.5 is added to the
Government Code, to read:
12018.5. The Green Action Team established as a result of
Executive Order S-20-04 shall be responsible for evaluating
opportunities for the state to participate in, and benefit from, the
energy-related programs of the American Recovery and Reinvestment Act
of 2009 and to coordinate the state's participation in any federal
energy-related economic stimulus programs and the distribution of
moneys for energy efficiency and renewable energy programs to
electrical corporations and gas corporations, as defined in Sections
218 and 222 of the Public Utilities Code, local publicly owned
electric utilities, as defined in Section 224.3 of the Public
Utilities Code, the Department of Community Services and Development
for the Low-Income Home Energy Assistance Program, the Department of
General Services, the State Energy Resources Conservation and
Development Commission, and local governments.