BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 1225|
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THIRD READING
Bill No: AB 1225
Author: De La Torre (D)
Amended: 1/25/10 in Assembly
Vote: 21
SENATE HEALTH COMMITTEE : 6-0, 6/23/10
AYES: Alquist, Cedillo, Leno, Negrete McLeod, Pavley,
Romero
NO VOTE RECORDED: Strickland, Aanestad, Cox
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 46-22, 1/27/10 - See last page for vote
SUBJECT : Emergency and disaster response exercises:
infectious
diseases
SOURCE : Author
DIGEST : This bill requires the Department of Public
Health and local public health departments, when conducting
emergency or disaster preparedness exercises relating to
the outbreak of an infectious disease, to establish a
process to identify deficiencies in the preparedness plans
and procedures and track implementation of corrective
measures, and requires the department to make an
after-action report available on its website and/or upon
request.
CONTINUED
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ANALYSIS : Existing law establishes the California
Emergency Services Act, which sets forth the duties of
state and local agencies in emergency and disaster
preparedness and response.
Existing regulations :
1. Establish the Standardized Emergency Management System
(SEMS) to standardize and coordinate emergency response
activities involving multiple jurisdictions or agencies.
2. Require all emergency response agencies to use SEMS in
responding to, managing, and coordinating multiple
agency or multiple jurisdiction incidents.
3. Require any city, county, or city and county declaring a
local emergency for which the Governor proclaims a state
of emergency, and any state agency responding to that
emergency, to complete and transmit an AAR to the Office
of Emergency Services (OES) within 90 days of the close
of the incident period.
4. Require the after-action report (AAR) to include:
A. A review of response actions taken.
B. How SEMS was applied.
C. Suggested modifications to SEMS.
D. Necessary modifications to plans and procedures.
E. Identified training needs.
F. Recovery activities.
This bill:
1. Requires the Department of Health (DPH) and local health
departments (LHD), when conducting emergency or disaster
preparedness exercises relating to the outbreak of an
infectious disease, to establish a process to identify
deficiencies in preparedness plans and procedures and
track the implementation of corrective measures to
ensure that necessary improvements to the preparedness
plans are made.
2. Requires the process to provide for the following:
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A. Preparation of an AAR for each disaster
preparedness exercise conducted, submitted to DPH
within 90 days of the exercise, or within a time
period required by the terms and conditions of
federal financial assistance DPH or the LHD has
received to prepare for an act of bioterrorism or
other public health emergency.
B. After action reports that include a review of
identified deficiencies, a review of response
actions taken, suggested modifications of plans and
procedures, and identifying training needs.
C. Written procedures to assist in the review,
consideration, and, if applicable, optional
implementation of recommendations included in AARs.
3. Requires DPH to make an AAR available for the public by
posting it on the department's website and/or providing
a copy upon request.
4. Declares intent language to ensure that state and local
agencies are as prepared as possible to respond to an
outbreak of infectious disease, including an influenza
pandemic, and that the provisions of this bill are
designed to supplement the terms and conditions of any
federal financial assistance that DPH or local public
health departments receive to prepare for an act of
bioterrorism or other public health emergency.
Background
Proper emergency preparedness can save lives, protect
property, and reduce the costs associated with responding
to an emergency. Preparedness is an ongoing effort, in
that an entity can only be as prepared as resources and
planning allow. According to a report by the state
auditor, California has completed several tasks relating to
responding to infectious disease emergencies, but it can do
more to improve its preparedness.
Responsibility for California's emergency response
preparedness lies with several local, state, and federal
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entities. The initial response to any type of emergency,
including one caused by an infectious disease, is the
responsibility of the local jurisdiction in which the
emergency occurs. An infectious disease outbreak is one of
several types of events that can trigger an emergency
response. Infectious disease emergencies can be caused by
biological agents, including bacteria, viruses, fungi, and
other microorganisms, and can have natural, accidental, or
intentional origins. Examples of biological agents that
are considered high priority bioterrorism threats include
anthrax, avian flu, botulism, plague, smallpox, and
tularemia.
The OES is the lead emergency management agency in
California and coordinates the state's response to major
emergencies. OES has identified DPH as the state's lead
department for responding to public health emergencies such
as infectious disease emergencies. DPH is responsible for
coordinating statewide public health assistance during
disasters and providing specialized services using state
health laboratories.
The Emergency Medical Services Authority is responsible for
supporting DPH during public health emergencies by managing
the state's medical response and establishing medical
response policies and procedures within the framework of
the overall state response.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
SUPPORT : (Verified 7/28/10)
--------
OPPOSITION : (Verified 7/28/10)
California Department of Public Health
ARGUMENTS IN SUPPORT : The author's office states that
this bill is needed because requiring DPH and LHDs to
submit AARs after emergency preparedness exercises will
enhance statewide preparedness and improve the state's
ability to identify and address infectious disease
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outbreaks. The author notes that, while DPH and LHDs are
required to submit AARs after actual emergencies, existing
state and federal requirements do not mandate AARs for
emergency preparedness exercises.
ARGUMENTS IN OPPOSITION : DPH believes this bill is
unnecessary because the role of AARs in disaster
preparedness is already addressed in various emergency
preparedness statutes, regulations, and guidelines. They
claim that SEMS requires the Governor's OES along with
local and state agencies to complete an AAR within 120 days
from any declared disaster. In addition, the Centers for
Disease Control and Prevention Cooperative Agreement
Guidance for Public Health Emergency Preparedness also
requires development of an AAR and corrective actions after
drills, exercises or actual events, as a condition of
receiving grant funds for public health emergency
preparation. DPH claims to have implemented a written
procedure for developing AARs and corrective action plans,
and has posted the procedures on the DPH website for use by
DPH programs. They claim they expressed disagreement with
the auditor's report, and have been subsequently advised by
the auditor that their AAR procedures are in compliance
with the auditor's expectations.
ASSEMBLY FLOOR :
AYES: Adams, Ammiano, Arambula, Beall, Blakeslee, Block,
Blumenfield, Bradford, Brownley, Buchanan, Caballero,
Chesbro, Coto, Davis, De La Torre, Eng, Evans, Feuer,
Fletcher, Fong, Fuentes, Furutani, Galgiani, Hayashi,
Hernandez, Hill, Huber, Huffman, Jones, Lieu, Bonnie
Lowenthal, Ma, Mendoza, Monning, Nava, John A. Perez,
Portantino, Ruskin, Salas, Skinner, Solorio, Swanson,
Torres, Torrico, Tran, Yamada
NOES: Anderson, Bill Berryhill, Tom Berryhill, Conway,
Cook, Fuller, Gaines, Garrick, Gilmore, Hagman, Harkey,
Jeffries, Knight, Logue, Miller, Nestande, Niello,
Nielsen, Silva, Smyth, Audra Strickland, Villines
NO VOTE RECORDED: Charles Calderon, Carter, De Leon,
DeVore, Emmerson, Hall, V. Manuel Perez, Saldana,
Torlakson, Bass
CTW:do 8/3/10 Senate Floor Analyses
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SUPPORT/OPPOSITION: SEE ABOVE
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