BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 1205|
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VETO
Bill No: SB 1205
Author: Corbett (D), et al
Amended: 8/16/10
Vote: 21
SENATE LOCAL GOVERNMENT COMMITTEE : 3-2, 4/7/10
AYES: Kehoe, DeSaulnier, Price
NOES: Cox, Aanestad
SENATE APPROPRIATIONS COMMITTEE : 7-3, 5/27/10
AYES: Kehoe, Alquist, Corbett, Leno, Price, Wolk, Yee
NOES: Denham, Walters, Wyland
NO VOTE RECORDED: Cox
SENATE FLOOR : 22-14, 6/2/10
AYES: Alquist, Calderon, Cedillo, Corbett, DeSaulnier,
Ducheny, Florez, Hancock, Kehoe, Leno, Liu, Lowenthal,
Negrete McLeod, Padilla, Pavley, Price, Romero, Simitian,
Steinberg, Wolk, Wright, Yee
NOES: Aanestad, Ashburn, Cogdill, Correa, Cox, Denham,
Dutton, Harman, Hollingsworth, Huff, Runner, Strickland,
Walters, Wyland
NO VOTE RECORDED: Oropeza, Wiggins, Vacancy, Vacancy
ASSEMBLY FLOOR : 52-27, 8/19/10 - See last page for vote
SENATE FLOOR : 24-9, 8/25/10
AYES: Alquist, Blakeslee, Calderon, Cedillo, Corbett,
Correa, DeSaulnier, Ducheny, Florez, Hancock, Kehoe,
Leno, Liu, Lowenthal, Negrete McLeod, Padilla, Pavley,
Price, Romero, Simitian, Steinberg, Wolk, Wright, Yee
NOES: Aanestad, Ashburn, Dutton, Emmerson, Huff, Runner,
CONTINUED
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Strickland, Walters, Wyland
NO VOTE RECORDED: Cogdill, Denham, Harman, Hollingsworth,
Oropeza, Wiggins, Vacancy
SUBJECT : The San Francisco Bay Area Disaster Recovery
Authority
Act
SOURCE : Author
DIGEST : This bill establishes the Bay Area Disaster
Recovery Planning Council until January 1, 2030 to create a
long-term regional recovery plan by cooperative with
various stakeholders in the bay area, including, but not
limited to, the cities, counties, special interests, school
districts, emergency managers, hospitals, members of the
public, private business, and nongovernmental
organizations, as specified.
Assembly Amendments add the requirement the Bay Area
Disaster Recovery Planning Council be funded through
federal funds and stipulates the state is not obligated to
provide funding.
ANALYSIS : Existing law 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.
The Association of Bay Area Governments (ABAG) is a
voluntary council of governments (COG) created by the Bay
Area's nine counties and 101 cities through a joint powers
agreement. Like other COGs, ABAG prepares long-term
regional plans and has other statutory planning duties.
This bill establishes the Bay Area Disaster Recovery
Planning Council until January 1, 2030 to create a long
term regional recovery plan by cooperating with specified
stakeholders in the Bay Area.
The scope and purpose of the recovery plan is for planning
for the region's resiliency following a disaster by
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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 bill, 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 is not a post disaster operations plan. Nothing in
this bill is to be deemed to confer upon the council any
land use, regulatory, or permitting authority. The power
of the Council is to be limited to planning.
Governance . This bill requires the Counsel to be governed
by a board consisting of all members of the ABAG Regional
Planning Committee and the following members, appointed by
the ABAG Executive Board:
1.At least four members representing lifeline
infrastructure districts such as water and wastewater,
power and energy, telecommunications, and transit.
2.A school board member or member of county board of
education.
3.A member representing a nonprofit service delivery
agency.
4.A member of the Bay Area Urban Area Security Initiative.
5.At least four members representing private sector
business, economics, and planning organizations.
6.A county or city emergency manager.
Board members serve at the pleasure of the ABAG Executive
Board and the ABAG Executive Board must fill vacancies
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within 90 days.
This bill specifies that board members must exercise their
independent judgment on behalf of the interests of the
residents, the property owners, and the public as a whole
in furthering the bill's intent and purposes.
The board elects its own chair and vice-chair. The ABAG
President must fix the time and place of the board's first
meeting. After the first meeting, the board must hold
meetings at times and places determined by the planning
council board's chair.
Within six months of the board's first meeting, the board
must convene a Bay Area Disaster Recovery Planning
Administrative Committee to assist and advise the board in
carrying out its functions. The Administrative Committee
must meet regularly. The Council determines the
Administrative Committee's membership 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 bill specifies, not later than six months after the
date of the Counsel's first meeting, 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.
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
interest and geographical diversity within the council's
jurisdiction over the long-term disaster recovery in the
San Francisco Bay are. The membership of the Technical
Advisory Committee shall be appointed by the council.
This bill requires the council to comply with the Brown
Act, the Public Records Act, and the Political Reform Act.
The council shall not apply for funding dedicated solely
for planning for emergency response immediately after a
disaster.
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The Council may:
1. Sue and be sued.
2. Engage counsel and other professional services.
3. Enter into contracts.
4. Enter into joint powers agreements.
5. Use interim or temporary staff, as specified.
This bill prohibits the Council from acquiring or owning
real property.
Finances . This bill specifies that the Council must be
funded through federal funds, gifts, donations, grants,
local bonds, assessments, other appropriate funding
sources, and other types of financial assistance from
public and private sources. Nothing in the bill is to be
construed to permit the authority to incur debt or raise
revenue by emergency tax fees, or to obligate the state to
provide funding for the Council.
In addition, the Council can:
1. Apply for and receive grants from federal and state
agencies.
2. Solicit and accept gifts, fees, grants, and allocations
from public and private entities.
3. Receive and manage a dedicated revenue source.
4. Deposit or invest monies in banks or financial
institutions.
This bill requires regular audits of the Authority's
accounts and records. The board must maintain accounting
records and must 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 State
Controller. This bill requires the board to provide for
annual financial reports. The board must make copies of
the annual financial reports available to the public.
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The provisions of this bill terminate on January 1, 2030.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
According to the Assembly Appropriations Committee, there
are no state costs. Local costs related to the duties of
the Council are not reimbursable because the mandated
requirements in this bill are requested by the affected
local entities.
SUPPORT : (Verified 8/23/10)
Association of Bay Area Governments
City and County of San Francisco
Cities of Brisbane, Calistoga, Campbell, and Hercules
Clayton City Council Member Julie Pierce
Clayton Mayor Hank Stratford
Counties of Marin, San Mateo, and Sonoma
East Bay Municipal Utility District
East Bay Regional Park District
Napa County Supervisor Mark Luce
San Mateo County Supervisor Rose Jacobs Gibson
Santa Clara County Cities Association
Solano County Supervisor Barbara Kondylis
South San Francisco Mayor Richard Garbarino
The Bay Area Council
Town of Los Gatos
Union City Mayor Mark Green
ARGUMENTS IN SUPPORT : According to the author's office,
the Bay Area is likely to experience a major earthquake in
its future. The Hayward Fault, which runs through the
dense urban cities of Fremont, Oakland, Berkeley, and
Hayward, is overdue for a major earthquake. This
earthquake is expected to damage lifeline infrastructure
and leave 156,000 housing units uninhabitable and 356,600
people displaced. Some issues such as decisions about
long-term housing, rebuilding transportation and land use
change will not be made effectively in the chaos following
a disaster. Thinking through these issues ahead of time
will minimize the severe economic and social consequences
of a slow recovery on the region and state. The San
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Francisco Bay Area constitutes a region of vital importance
to the state economy and future business and technology
innovation. Disasters such as a major earthquake will
affect the entire region, not just individual cities and
counties and are a major threat to the economic vitality of
the region. Long term recovery will need to be initiated
immediately and will continue for months and years after a
disaster. Planning in advance under a structured authority
will be of enormous assistance to jurisdictions post
disaster and could also facilitate increased mitigation
investment.
The author's office believes the Bay Area Disaster Recovery
Planning Council creates a structure for the region to plan
together complex issues of housing replacement, business
recovery, government services, transportation, health,
education, vulnerable communities, and land use change.
The Planning Council will not have an operational or fiscal
agent role following a disaster, and its jurisdiction is
limited to planning. An administrative and technical
committee provides specialized expertise to the Council.
GOVERNOR'S VETO MESSAGE:
"I am returning Senate Bill 1205 without my signature.
This bill would establish, until January 1, 2030, the
Bay Area Disaster Recovery Planning Council to create
a long-term regional recovery plan that would be
implemented before and after an earthquake or other
disaster occurs in the bay area. The Council would
develop the long-term regional recovery plan through
cooperation 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
businesses, and nongovernmental organizations. It
would also impose specific duties on the Association
of Bay Area Governments (ABAG).
The California Emergency Management Agency is
responsible for state emergency management programs
under the California Disaster Assistance Act and the
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federal Stafford Act. Through extensive collaboration
with Bay Area entities, key tools have already been
produced to compliment emergency management strategies
and disaster recovery principles and systems at both
the state and federal level. This bill would
establish a parallel or duplicate disaster planning
organization and could divert the limited funding
currently available for long-term disaster recovery.
In addition, the Joint Exercise of Powers Act already
allows ABAG to address regional disaster planning.
For these reasons I cannot sign this bill."
ASSEMBLY FLOOR :
AYES: Ammiano, Arambula, Bass, Beall, Blakeslee, Block,
Blumenfield, Bradford, Brownley, Buchanan, Caballero,
Charles Calderon, Carter, Chesbro, Coto, Davis, De La
Torre, De Leon, Eng, Evans, Feuer, Fong, Fuentes,
Furutani, Galgiani, Gatto, Hall, Hayashi, Hernandez,
Hill, Huber, Huffman, Jones, Lieu, Bonnie Lowenthal, Ma,
Mendoza, Monning, Nava, V. Manuel Perez, Portantino,
Ruskin, Salas, Saldana, Skinner, Solorio, Swanson,
Torlakson, Torres, Torrico, Yamada, John A. Perez
NOES: Adams, Anderson, Bill Berryhill, Tom Berryhill,
Conway, Cook, DeVore, Fletcher, Fuller, Gaines, Garrick,
Gilmore, Hagman, Harkey, Jeffries, Knight, Logue, Miller,
Nestande, Niello, Nielsen, Norby, Silva, Smyth, Audra
Strickland, Tran, Villines
NO VOTE RECORDED: Vacancy
AGB:DLW:do 10/5/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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