BILL NUMBER: SB 1205 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 1, 2010
AMENDED IN SENATE APRIL 13, 2010
AMENDED IN SENATE MARCH 24, 2010
INTRODUCED BY Senator Corbett
(Coauthors: Senators DeSaulnier and Hancock)
FEBRUARY 18, 2010
An act to add and repeal Title 7.26 (commencing with Section
66720) of the Government Code, relating to disaster recovery.
LEGISLATIVE COUNSEL'S DIGEST
SB 1205, as amended, Corbett. The San Francisco
Bay Area Disaster Recovery Authority
Planning Council Act.
Existing law authorizes 2 or more public agencies, by agreement,
to jointly exercise common powers. Existing law also establishes the
San Francisco Bay Restoration Authority to raise and allocate
resources for the restoration, enhancement, protection, and enjoyment
of wetlands and wildlife habitats in the San Francisco Bay.
This bill would establish , until January 1, 2030, the
San Francisco Bay Area Disaster Recovery
Authority Planning Council to create a long-term
regional recovery plan, to be implemented before and after an
earthquake or other disaster occurs in the bay area, by cooperating
with various stakeholders in the bay area, including, but not limited
to, the cities, counties, special districts, schools
school districts , emergency operators
managers , hospitals, members of the public,
private businesses, and nongovernmental organizations.
The bill would impose specific duties on the Association of Bay
Area Governments, thereby imposing a state-mandated local program.
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 no reimbursement is required by this
act for a specified reason.
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. Title 7.26 (commencing with Section 66720) is added to
the Government Code, to read:
TITLE 7.26. SAN FRANCISCO BAY AREA DISASTER
RECOVERY AUTHORITY PLANNING COUNCIL
CHAPTER 1. FINDINGS AND DECLARATIONS
66720. This title shall be known and may be cited as the Bay Area
Disaster Recovery Authority Planning Council
Act .
66721. The Legislature hereby finds and declares all of the
following:
(a) The San Francisco Bay area will experience a major
manmade or natural disaster such as an earthquake in its future.
earthquake in its future.
(b) Disasters not properly managed and planned for can easily
escalate into catastrophies that will have major lasting consequences
on the region.
(c) The nine counties surrounding the San Francisco Bay constitute
a region of vital importance to the national economy and future
business innovation. The bay area leads the nation in innovation,
research, and new technology.
(d) The bay area is crisscrossed by many active faults. Several of
these faults, including the San Andreas and Hayward faults, are
capable of causing a major disaster in the region. The United States
Geological Survey predicts that there is a 67 percent chance that a
major earthquake will strike the bay area in the next 30 years. The
Hayward fault, which runs through the dense
densely populated urban cities of Fremont, Oakland, and
Berkeley, experiences a major earthquake approximately every 140
years. The last earthquake on this fault was in 1868, making the
Hayward fault the most dangerous in the bay area today.
(e) While the bay area has appropriately focused on risk
mitigation strategies and emergency response preparation, there has
been little attention given to the lengthy post-90 day, long-term
recovery period that will follow a major disaster such as an
earthquake. This is the period that will make or break the region's
economic future.
(f) The bay area is making great strides to reduce the impacts of
a major earthquake, but the scale of the problem is huge and critical
components of the system are still vulnerable. A great amount of
work still needs to be done to prepare the region. Transportation,
water, and housing are key systems that must be robust in order to
facilitate a speedy recovery for the region.
(g) Recent disasters have repeatedly shown that the weeks and
months following a disaster require that all city and county
departments, special jurisdictions, and the state
and federal government , and the private sector work
together toward disaster recovery. Similarly, while hazard
mitigation is essential to minimize the damage of disasters to
communities, having a comprehensive plan for the long-term process of
recovery is often overlooked and is the key to preventing disasters
from becoming catastrophes.
(h) Past disasters clearly show the consequences of not
preparing planning for recovery. In 2010, the
San Francisco Bay Bridge seismic retrofit has still not
been replaced completed despite the
known hazard since the 1989 Loma Prieta earthquake, and the City of
Atascadero is just beginning to replace its city hall that was
damaged in the 2003 San Simeon earthquake because of
difficulty it has faced with the Federal Emergency Management Agency
process . New Orleans is still struggling to rebuild its
communities more than five years after Hurricane Katrina. In Kobe,
Japan, where a massive earthquake devastated the region in 1995,
thousands of people still live in temporary housing nearly 15 years
after the earthquake.
(i) Disasters such as earthquakes
Earthquakes will affect the entire region, not just individual
cities and counties. The regional nature of an earthquake demands a
regional long-term recovery strategy, but few models exist from other
regions.
(j) With 101 cities, nine counties, and more than 400 special
districts, the bay area is poorly structured to undertake the
regional-scale challenge of the long-term recovery phase. However,
with advance planning and organization, the bay area can be
prepared plan for long-term recovery. This
would will entail having an
understanding of the issues that will confront the region, the goals
pursued, and the decisionmaking protocols that it will follow.
(k) When the San Francisco Bay area experiences a major disaster
such as an earthquake in the future, government agencies will
immediately activate emergency response plans and scramble to restore
order, alleviate human suffering, and protect property. In the days
after a disaster, short-term recovery plans will be implemented to
set up shelter locations, remove debris, and tag buildings. But what
happens later, in the weeks, months, and years after immediate life
and safety needs have been addressed, will determine whether the
region recovers and persists as a vibrant community and driver of the
nation's prosperity, or whether the disaster escalates into a
catastrophe and the region suffers long-term depopulation with
businesses and residents permanently relocating to more stable
communities.
(k) Adequate planning for the weeks, months, and years after
immediate life and safety needs have been addressed will determine
whether the region recovers and persists as a vibrant community and
driver of the nation's prosperity, or whether the region suffers
long-term depopulation with businesses and residents permanently
relocating to more stable communities.
(l) A major earthquake on the Hayward fault, for example, is
predicted to leave 156,000 housing units uninhabitable and
356,600 people displaced . In contrast to Hurricane
Katrina, where 40 percent of homeowners were insured, less than 10
percent of bay area homeowners have earthquake insurance. Because of
high deductibles, it is anticipated that only 4.4 percent of losses
will be covered by insurance. The likelihood that these homeowners
will have the resources to rebuild their homes in a timely manner is
low and rebuilding will depend on the ability of homeowners to
attract private investment to their properties. At a time when rental
vacancy rates are already very low and homeowners are struggling to
hold on to their properties, there is little incentive or ability for
uninsured homeowners to invest in the rebuilding of their
properties.
(m) Retrofitting homes is an effective method to reducing housing
losses in a disaster, but relatively few homes have been retrofitted
and programs and funds to encourage more widespread retrofit are
scarce. Recovery of the business economy depends on
(m) Recovery of the business economy
depends on the ability of workers to return to work, and
workers without homes are unlikely to be able to do so.
(n) A regional long-term recovery plan cannot simply be an
operations plan for governments to follow. All stakeholders, from
local governments, lifelines operators, schools, private-sector
businesses, members of the public, the health and hospital community,
and nongovernmental organizations, must reach
(n) A regional long-term recovery plan
must involve all stakeholders from local governments, emergency
managers, lifeline operators, schools, private sector businesses,
members of the public, the health and hospital community, and
nongovernmental organizations. These stakeholders must reach
consensus on the priorities for long-term disaster recovery,
including serving vulnerable communities that may have the least
access to resources, are more reliant upon government services, and
most susceptible to the impacts of delays in government action
post disaster. after a disaster.
(o) Key functional areas of recovery that must be understood
include lifelines, lifeline interdependency,
long-term housing replacement, business recovery, government
facilities and services, transportation, health and education,
vulnerable communities, and land use change.
(p) Public-private partnerships are key to this process. Private
businesses must be confident that recovery will happen quickly in
order to continue to invest in the region. The planning process must
address their needs and concerns. The roles of private business in
the long-term recovery plan will be identified together with local
governments.
(q) The Association of Bay Area Governments (ABAG) is a unique
regional entity, well suited to lead this effort. The ABAG
was formed as a Council of Governments by the 101 cities and nine
counties of the bay area to address social, environmental, and
economic issues that transcend local borders. The mission of the
ABAG is to facilitate and strengthen cooperation and
coordination among local governments.
(r) ABAG has a long history of planning for disasters and has been
a national leader among planning agencies in developing and
continuing an earthquake and hazards planning program. In the past
this program has coordinated with all of its member cities and
counties, as well as special districts to develop a Federal Emergency
Management Agency approved multijurisdiction local hazard mitigation
plan with regional mitigation strategies agreed upon by all the
participating jurisdictions.
(s)
(r) The San Francisco Bay area needs to develop
regional mechanisms to generate and allocate additional
resources to address mechanisms to address
threats of natural hazards and to secure opportunities for the
improvement of the long-term disaster recovery capacity of the San
Francisco Bay area, which will promote sustainable redevelopment and
create a more disaster-resistant region.
(t) It is in the public interest to create the San Francisco Bay
Area Disaster Recovery Authority as a regional entity to generate and
allocate resources for development of long-term disaster recovery
plans, protocols, and mitigation projects for the San Francisco Bay
area. The authority will endeavor to provide its
(s) It is in the public interest to
create the Bay Area Disaster Recovery Planning Council as a regional
entity to facilitate long-term disaster recovery planning for the bay
area. The council will endeavor to provide its members with
shared knowledge and familiarity of the issues necessary to tackle
critical tasks of prioritizing recovery activities, sharing
resources, and interfacing with a vast array of local entities and
stakeholders as well as state and federal agencies. The
authority council will sponsor and review local
actions to improve preparation for long-term recovery,
including guidelines for member cities, counties, and agencies to
align finance department preparation, building ordinances, emergency
housing strategies, mutual aid, nonemergency
response mutual aid agreements, and a variety of additional
tasks, along with information gathering, plan consolidation,
application for resources, and policy discussion.
CHAPTER 2. DEFINITIONS
66722. Unless the context otherwise requires, the following
definitions govern the construction of this title:
(a) "ABAG" means the Association of Bay Area Governments.
(b) "Administrative committee" means the Bay Area Disaster
Recovery Planning Administrative Committee convened by the
governing board of the San Francisco Bay Area Disaster
Recovery Authority board of the Bay Area Disaster
Recovery Planning Council pursuant to Section
66724.5.
(c) "Authority" means the San Francisco Bay Area Disaster Recovery
Authority established as a regional entity pursuant to Section
66723.
(d) "Board" means the governing board of the San Francisco Bay
Area Disaster Recovery Authority.
(e) "Member" means a person appointed as a member of the governing
board of the San Francisco Bay Area Disaster Recovery Authority.
(c) "Board" means the governing board of the council.
(d) "Council" means the Bay Area Disaster Recovery Planning
Council established pursuant to Section 66723.
(e) "Member" means a person appointed as a member of the board.
(f) "San Francisco Bay area" or "bay area" means the area that
includes the Counties of Alameda, Contra Costa, Marin, Napa, San
Francisco, San Mateo, Santa Clara, Solano, and Sonoma.
(g) "Technical advisory committee" means the Bay Area Disaster
Recovery Planning Technical Advisory Committee convened by the board
pursuant to Section 66724.6.
CHAPTER 3. SAN FRANCISCO BAY AREA DISASTER
RECOVERY AUTHORITY PLANNING COUNCIL
66723. (a) The San Francisco Bay Area Disaster
Recovery Authority Planning Council is
hereby established as a regional entity with jurisdiction extending
throughout the San Francisco Bay area.
(b) The authority shall create a long-term regional recovery plan,
to be implemented before and after an earthquake or other disaster
occurs in the bay area, by cooperating with various stakeholders in
the bay area, including, but not limited to, the cities, counties,
special districts, school districts, emergency operators, hospitals,
members of the public, private business, and nongovernmental
organizations.
(b) The council shall create a long-term regional recovery plan by
cooperating with various stakeholders in the bay area, including,
but not limited to, the cities, counties, special districts, school
districts, emergency managers, hospitals, members of the public,
private business, and nongovernmental organizations.
(c) The scope and purpose of the recovery plan shall be for
planning for the region's resiliency following a disaster by
increasing the speed of rebuilding lifeline infrastructure,
including, but not limited to, water, and energy pipelines, planning
for temporary transportation and transit programs during the repair
of the transportation system, enhancing government management
capacity for large scale capital projects programs, planning for the
reconstruction of housing supply damaged by the disaster, creating
mechanisms to assist businesses with temporary relocation and
financing, and other issues associated with sustainable redevelopment
following a major disaster. In planning for the purposes contained
within this section, the council shall consult with emergency
managers and other local government staff involved in disaster
recovery to ensure that the plan incorporates local planning efforts
and is not duplicative of work already being done in the region. The
recovery plan shall not be a postdisaster operations plan.
(d) Nothing in this title shall be deemed to confer upon the
council any land use, regulatory, or permitting authority. The power
of the council is limited to planning.
(c)
(e) The jurisdiction of the authority
council is not subject to the
Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000
(Division 3 (commencing with Section 56000) of Title 5).
66723.5. It is the intent of the Legislature that the
authority council complement existing efforts by
cities, counties, districts, and other local, regional, and state
entities, related to addressing the goals described in this title.
CHAPTER 4. GOVERNING BODY
66724. (a) The authority council
shall be governed by a the board
composed of voting members, as follows:
(1) All members of the ABAG Regional Planning Committee.
(2) ABAG The ABAG Executive
Board shall appoint one member representing each of the
following:
(A) Not less than four members representing lifeline
infrastructure districts such as water and wastewater, power and
energy, telecommunications, and transit.
(B) A school district or county board of education.
(B) A school board member or member of a county board of
education.
(C) A nonprofit service delivery agency.
(D) A member of the Bay Area Super-Urban
Urban Area Security Initiative.
(E) Not less than four members representing private sector
business, economics, and planning organizations.
(F) A county or city emergency manager.
(b) Each member shall serve at the pleasure of the
ABAG the ABAG Executive Board .
(c) A vacancy shall be filled by ABAG the
ABAG Executive Board within 90 days from the date on which the
vacancy occurs.
66724.1. The members of the board are subject to the Political
Reform Act of 1974 (Title 9 (commencing with Section 81000)).
66724.2. Each member shall exercise his or her independent
judgment on behalf of the interests of the residents, the property
owners, and the public as a whole in furthering the intent and
purposes of this title.
66724.3. The board shall elect from its own members a chair and a
vice chair who shall preside in the absence of the chair.
66724.4. (a) The time and place of the first meeting of the board
shall be at a time and place within the San Francisco Bay area fixed
by the chair of the board ABAG President
.
(b) After the first meeting described in subdivision (a), the
board shall hold meetings at times and places determined by the
board.
(c) Meetings of the board are subject to the Ralph M. Brown Act
(Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of
Title 5).
66724.5. (a) Not later than six months after the date of the
board's first meeting described in subdivision (a) of Section
66723.4, the board shall convene a Bay Area Disaster Recovery
Planning Administrative Committee to assist and advise the
board in carrying out the functions of the board. The administrative
committee shall meet on a regular basis.
(b) The membership of the administrative committee shall be
determined by the authority council
based upon criteria that provide a broad representation of community
and agency interests and geographical diversity within the
authority's council's jurisdiction over the
long-term disaster recovery in the San Francisco Bay area. The
membership of the administrative committee shall be appointed by the
authority council .
66724.6. (a) Not later than six months after the date of the
board's first meeting described in subdivision (a) of Section
66723.4, the board shall convene a Bay Area Disaster Recovery
Planning Technical Advisory Committee to be composed of local
emergency managers, city and regional planners, engineers, and
members of other technical fields, as necessary. The technical
advisory committee shall meet on a regular basis.
(b) The membership of the technical advisory committee shall be
determined by the council based upon criteria that provide a broad
representation of community and agency interests and geographical
diversity within the council's jurisdiction over the long-term
disaster recovery in the San Francisco Bay area. The membership of
the technical advisory committee shall be appointed by the council.
66724.6. 66724.7. (a) The board is
the legislative body of the authority council
and, consistent with this title, shall establish policies for
the operation of the authority council
.
(b) The board may act either by ordinance or resolution in order
to regulate the authority council and
to implement this title.
(c) A majority of the voting members of the board shall constitute
a quorum for the purpose of transacting any business of the
authority council . A recorded majority vote of
the total voting membership of the board is required on each action.
CHAPTER 5. POWERS AND DUTIES
Article 1. General Provisions
66725. The authority council may do
all of the following:
(a) Apply for and receive grants from federal and state agencies.
(b) Solicit and accept gifts, fees, grants, and allocations from
public and private entities.
(c) Receive and manage a dedicated revenue source.
(d) Deposit or invest moneys of the authority
council in banks or financial institutions in the state in
accordance with state law.
(e) Sue and be sued, except as otherwise provided by law, in all
actions and proceedings, in all courts and tribunals of competent
jurisdiction.
(f) Engage counsel and other professional services.
(g) Enter into and perform all necessary contracts.
(h) Enter into joint powers agreements pursuant to the Joint
Exercise of Powers Act (Chapter 5 (commencing with Section 6500) of
Division 7 of Title 1).
(i) Use interim or temporary staff provided by
appropriate state agencies or the Association of Bay Area
Governments. A person who performs duties as interim or temporary
staff shall not be considered an employee of the authority
council .
66725.1. Th e authority council
shall not acquire or own real property.
66725.2. All records prepared, owned, used, or retained by the
authority council are public records
for purposes of the California Public Records Act (Chapter 3.5
(commencing with Section 6250) of Division 7 of Title 1 of the
Government Code).
66725.3. The council shall not apply for funding dedicated solely
for planning for emergency response immediately after a disaster.
Article 2. Grant Program
66725.5. (a) The authority may raise funds and award grants to
public and private entities, including, but not limited to, owners or
operators of public and private property within the San Francisco
Bay area, for the purposes of maintaining and enhancing the region's
resiliency following a disaster by reducing the potential loss of
life, property damage, or environmental degradation, and accelerating
economic recovery from those disasters.
(b) In reviewing and assessing projects, the authority shall
solicit input from the administrative committee convened pursuant to
Section 66724.5. The authority shall give priority to projects that
do either of the following:
(1) To the greatest extent possible, address the highest priority
mitigation strategies identified in the most recent
multijurisdictional Local Hazard Mitigation Plan led by ABAG and
adopted by the Federal Emergency Management Agency.
(2) Address additional needs identified in the recovery plan.
(c) Grants awarded pursuant to subdivision (a) may be used to
support all phases of planning, construction, monitoring, operation,
and maintenance for projects that are eligible pursuant to
subdivision (b).
CHAPTER 6. FINANCIAL PROVISIONS
66726. (a) The board shall provide for regular audits of the
authority's council's accounts and
records and shall maintain accounting records and shall report
accounting transactions in accordance with generally accepted
accounting principles adopted by the Government Accounting Standards
Board of the Financial Accounting Foundation for both public
reporting purposes and for reporting of activities to the Controller.
(b) The board shall provide for annual financial reports. The
board shall make copies of the annual financial reports available to
the public.
66726.5. The authority council
shall be funded through gifts, donations, grants, state or local
bonds, assessments, other appropriate funding
sources, and other types of financial assistance from public and
private sources. Nothing in this title shall be construed to
authorize the authority council to
incur debt or raise revenue by levying taxes, assessments, or fees.
CHAPTER 7. REPEAL
66727. This title shall remain in effect only until January 1,
2030, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2030, deletes or extends
that date.
SEC. 2. No reimbursement is required by this
act pursuant to Section 6 of Article XIII B of the California
Constitution because a local agency or school district has the
authority to levy service charges, fees, or assessments sufficient to
pay for the program or level of service mandated by this act, within
the meaning of Section 17556 of the Government Code.
SEC. 2. No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district are the result of a program for which
legislative authority was requested by that local agency or school
district, within the meaning of Section 17556 of the Government Code
and Section 6 of Article XIII B of the California Constitution.