BILL ANALYSIS
AB 2791
Page 1
Date of Hearing: April 21, 2010
ASSEMBLY COMMITTEE ON GOVERNMENTAL ORGANIZATION
Joe Coto, Chair
AB 2791 (Committee on Governmental Organization) - As
Introduced: March 17, 2010
SUBJECT : California Emergency Management Agency.
SUMMARY : Makes various statutory and technical changes to
reflect the merger of the former Office of Emergency Services
(OES) and the former Office of Homeland Security (OHS) into the
California Emergency Management Agency (Cal EMA) in January 1,
2009. Specifically, this bill :
1) Delineates statutory authority for administration of the
programs and functions formerly under the Office of
Criminal Justice Planning (OCJP).
2) Eliminates all statutorily mandated legislative reports
and requires Cal EMA to provide one comprehensive biennial
report.
3) Consolidates two statutorily mandated curriculum
development committees.
4) Makes relating technical and conforming changes.
EXISTING LAW :
1) Merges the Office of Emergency Services and the Office
of Homeland Security to establish the California Emergency
Management Agency.
2) Requires the California Emergency Management Agency to
be responsible for the state's emergency and disaster
response services, and requires state entities to cooperate
with the California Emergency Management Agency in carrying
out its duties.
FISCAL EFFECT : Unknown.
COMMENTS : This bill, sponsored by Cal EMA, seeks to clean up
several technical changes to accurately reflect the merger of
OES and OHS into Cal EMA, a cabinet-level agency. In addition,
AB 2791
Page 2
this bill delineates statutory authority for administration of
the programs and functions formerly nested under OCJP.
The Budget Act of 2003 eliminated OCJP and specified that the
"Director of Finance shall designate an agency or agencies to
carry out the functions of the Office of Criminal Justice
Planning in accordance with a plan submitted pursuant to Section
25 of the Budget Act of 2003?" (Penal Code Section 13820). The
"designated agency or agencies" has never been clearly
delineated in statute.
When OES and OHS were merged to become Cal EMA in January 2009,
various codes sections were not updated to reflect this change
in responsibility. Additionally, when the former OCJP was
abolished, its responsibilities were redirected to OES, now Cal
EMA. Existing law does not clearly place these programs and
functions within Cal EMA.
Prior legislation . AB 38 (Nava, Chapter 372, Statutes of 2008)
merges the Office of Emergency Services and the Office of
Homeland Security to create the California Emergency Management
Agency. Requires the California Emergency Management Agency to
be the agency responsible for overseeing and coordinating
emergency preparedness, response, recovery, and homeland
security activities.
AB 1757 (Committee on Budget, Chapter 229, Statutes of 2003)
eliminates the Office of Criminal Justice Planning and specified
that the Director of Finance shall designate an agency or
agencies to carry out the functions of the Office of Criminal
Justice Planning in accordance with a plan submitted pursuant to
Section 25 of the Budget Act of 2003.
REGISTERED SUPPORT / OPPOSITION :
Support
California Emergency Management Agency (sponsor)
Opposition
None on file
Analysis Prepared by : Rod Brewer / G. O. / (916) 319-2531