BILL ANALYSIS �
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SENATE COMMITTEE ON RULES 2011 - 2012 Regular Session
Senator Darrell Steinberg, Chair
Staff Analysis
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Hearing: May 25, 2011 Fiscal: No
Urgency: No
BILL NO: ACR 38
AUTHOR: Lowenthal
AMENDED: As introduced
SUBJECT : The Joint Legislative Committee on Emergency
Management.
SOURCE : Author
DIGEST : ACR 38 reinstates the 14-member Joint Legislative
Committee on Emergency Management (Joint Committee) until
November 30, 2012, when its existence will terminate.
ANALYSIS : This resolution reinstates the Joint Committee to
consist of 14 members under the direction of a Chair and
Vice-Chair, alternating between the Senate and the Assembly
from session to session. The Joint Committee will be
authorized to provide a forum for discussion of the state's
emergency management issues, permitting the Joint Committee to
form technical advisory committees, provide technical
assistance, and play an active role in supporting necessary
legislation. Legislation pertaining to the management of
public safety emergencies and disaster response are under the
jurisdiction of the Senate Governmental Organization
Committee, as outlined in Rule 12 of the Standing Rules of the
ACR 38 - Page | 2
May 25, 2011
Senate.
ACR 38 provides that the Joint Committee may periodically
report its progress and make recommendations to the Governor
and the Legislature. ACR 38 states the Joint Committee and
its members shall have and exercise all of the rights, duties,
and powers conferred upon investigating committees and their
members by the Joint Rules of the Assembly and Senate.
In November 2003, Governor Gray Davis and Governor-elect
Arnold Schwarzenegger established a Blue Ribbon Fire
Commission (Commission) representing federal, state, and local
agencies, the firefighting community, and affected communities
for the purpose of conducting a review of the efforts to fight
the October 2003 fires and provide recommendations on
necessary improvements to prevent and better respond to future
fires.
The Commission, in its report to the Governor, made numerous
recommendations, including the establishment of a permanent
Joint Legislative Committee on Emergency Services and Homeland
Security. This Joint Committee was first established by ACR
240 (Kehoe), Resolution Chapter 144 of 2004. Senate
Concurrence Resolution 21 (Kehoe), Resolution Chapter 36 of
2009, renamed the Joint Legislative Committee on Emergency
Services and Homeland Security to the Joint Legislative
Committee on Emergency Management which was in existence until
November 30, 2010.
COMMENTS : The California Emergency Council (CEC) is the
official advisory body to the Governor of California in time
of emergency and on matters pertaining to emergency
preparedness. The Council was established under the Emergency
Services Act in the California Government Code Section 8575.
The Council is responsible for recommending and approving
orders, regulations and emergency planning documents for the
Governor; and is required to meet not less frequently than
annually and shall meet upon the call of the Governor.
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May 25, 2011
Membership for the Council includes (1) the Governor
(ex-officio chair); (2) the Lieutenant Governor, or an
alternate; (3) the Attorney General, or an alternate; (4) one
representative of the city governments of the state and one
representative of the county governments of the state, to be
appointed by the Governor; (5) one representative of the
American National Red Cross, to be appointed by the Governor;
(6) one representative of the city or county fire services of
the state and (7) one representative of the city or county law
enforcement services of the state, to be appointed by the
Governor; (8) the President pro Tempore of the Senate, or an
alternate; (9) the Speaker of the Assembly, or an alternate
and (10) one representative of a local public health agency.
The California Emergency Management Agency is responsible for
providing staff support to the California Emergency Council as
necessary.
The Council includes two standing advisory committees, with
members selected by the Governor. The advisory committee
co-chairs have selected the representatives that are comprised
of volunteer and business leaders that will aid or prepare
their communities for potential disasters, and work in
partnership with government to prepare businesses and
communities for potential disasters.
For many years, organizations addressing natural disasters and
war emergencies were separate and distinct. Since 1945, the
Legislature has combined in a single organization the
responsibility for planning and preparing for both war-caused
and natural disasters.
Today, we have our present day California Emergency Council
that carries out activities that have statewide implications.
Key activities for the Council include recommendations to the
Governor for approval of the State Emergency Plan and other
plans which may be incorporated; approval of mutual aid plans
pursuant to the Master Mutual Aid Agreement; approving
Governor's standby orders which are promulgated during a State
of Emergency; establishing regulations for disaster service
workers (emergency services volunteers); and accrediting local
disaster councils.
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May 25, 2011
The Governor has proposed the elimination of the CEC, with the
explanation that he can convene this group, if needed, to work
on emergency preparedness.
The author's office states that this Joint Committee has been
the legislative point of contact for CalEMA, CalFIRE, and the
Department of Public Health. Additionally, the author's
office contends that this resolution is necessary and of
immediate need because of the events resulting from the
earthquake and tsunami in Japan. California is the site of
some of the most extraordinary natural disasters in North
America, including fires, earthquakes, floods, landslides,
mudslides, insect infestations and drought.
RECOMMENDATIONS TO CONSIDER :
ACR 38, page 3, lines 3 to 5 state the authorization for the
Joint Legislative Committee on Emergency Management to act
expires on November 30, 2012.
ACR 38, page 3, lines 34 to 39, state the Joint Legislative
Committee on Emergency Management may periodically report its
progress and make recommendations to the Governor and the
Legislature addressing the level of support necessary for
public safety and related safety agencies to implement
essential emergency management services and policies.
Senate Rules Committee may want to consider the following:
a) Amend this Resolution to require a report, during every
two-year legislative session, as needed, on the status of
the necessary services and policies in place to adequately
address public safety and essential emergency management
services and policies.
b) Amend this Resolution to state that the Joint Legislative
Committee on Emergency Management shall be in continuous
existence until the Legislature abolishes it.
c) Not reinstate the Joint Legislative Committee on Emergency
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May 25, 2011
Management, with the understanding that the Legislature can
convene this committee whenever it deems necessary.
SUPPORT : California Professional Firefighters. (Verified
05/24/11)
OPPOSE : None received. (Verified 05/24/11)
SENATE COMMITTEE ON RULES - Principal Consultant: Sandy
Wood/651-4153