BILL NUMBER: AB 1225	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JANUARY 25, 2010
	AMENDED IN ASSEMBLY  JANUARY 4, 2010

INTRODUCED BY   Assembly Member De La Torre

                        FEBRUARY 27, 2009

   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. 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.  The bill would required the
department to make an after-action report available either by posting
it on the departments Internet Web site, providing in upon request,
or both.  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.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: 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.   (a)    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) 
    (1)  Preparation of an after-action report for each
exercise conducted, to be submitted  to the department 
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   department
 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) 
    (2)  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.

   (b) The department shall make an after-action report available for
inspection by the public by either posting the after-action report
on the department's Internet Web site or providing a copy, upon
request, or both. 
  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.