BILL ANALYSIS �
Bill No: AB
1429
SENATE COMMITTEE ON GOVERNMENTAL ORGANIZATION
Senator Roderick D. Wright, Chair
2011-2012 Regular Session
Staff Analysis
AB 1429 Author: Chesbro
As Amended: May 16, 2011
Hearing Date: June 28, 2011
Consultant: Art Terzakis
SUBJECT
Disaster Relief: March 2011 tsunami
DESCRIPTION
AB 1429 is an urgency measure that adds the tsunami that
occurred in Del Norte County on March 2011 to the list of
disaster events for which the state share of state eligible
costs is 100%. Specifically, this measure:
1. Adds the tsunami that affected Del Norte County on
March 2011 to the list of disasters eligible for full
state reimbursement of the local agency costs under
the California Disaster Assistance (CDA) Act.
2. Also, exempts the county from an existing provision
of law that prohibits the state share for any eligible
project from exceeding 75% of total state eligible
costs unless the local agency is located within a
city, county, or city and county that has adopted a
local hazard mitigation plan as part of the safety
element of its general plan.
EXISTING LAW
Existing law, the CDA Act, provides that the state must pay
75% of the non-federal share of eligible costs for any
state-declared emergency. For some statutorily specified
disasters the state is required to pay 100% of the
non-federal cost.
Existing law prohibits the state share for any eligible
project from exceeding 75% of total state eligible costs
AB 1429 (Chesbro) continued
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unless the local agency is located within a city, county,
or city and county that has adopted a local hazard
mitigation plan, in accordance with the federal Disaster
Mitigation Act of 2000, as part of the safety element of
its general plan, as specified.
BACKGROUND
Background : The CDA Act requires the state share for
non-federal eligible costs to be apportioned on a 75%
state/25% local government share basis. For certain
disasters (e.g., 1989 Loma Prieta earthquake, 1991 East Bay
Fire, 1994 Northridge earthquake, the 2003 Southern
California wildfires, the San Simeon earthquake and
specified severe winter storms) the law provides that the
state cover up to 100% of the non-federal eligible costs.
This measure would provide for the state to cover up to
100% of the non-federal share of costs associated with the
effects of the tsunami that occurred in Del Norte County on
March 10, 2011, as specified in agreements for federal
assistance between California and the United States.
According to the author's office, Del Norte is facing a
severe economic impact as a result of the tsunami surges
that crashed into the North Coast and caused more than $48
million in damage to California ports, harbors, boats,
businesses and infrastructure. The author's office notes
that this recent disaster came at a time when local
governments are financially strapped and that this measure
is intended to ensure that local costs are reimbursed for
the events surrounding the tsunami.
Staff Comments: Preliminary costs submitted by Del Norte
County to the California Emergency Management Agency
(CalEMA) are in excess of $20 million - the federal
government pays 75% of those costs. Under AB 1429, the
state would pick up the entire remaining amount. Absent
this legislation, the state pays for 18.75% of the costs
and the county pays 6.25%.
In 2006, the Legislature enacted AB 2140 (Chapter 739,
Statutes of 2006), which was designed to promote the
adoption of local hazard mitigation plans (LHMP) that meet
specified federal standards. Under this provision, a local
jurisdiction is not eligible for the one hundred percent
cost share under the CDA Act unless it is located within a
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city and/or county that has adopted an LHMP as part of the
safety element of its general plan.
To date a number of cities and counties (Clovis, Coalinga,
Fresno, Huron, Kings County, Kingsburg, Mendota, Nevada
County, Sanger, Santa Cruz County, Selma, and Sutter
County) have adopted compliant LHMP plans. Del Norte
County has not adopted an LHMP pursuant to existing law,
and is otherwise not eligible to receive the 100 percent
share of costs. AB 1429 would exempt Del Norte from this
requirement. Please note, Santa Cruz County is a
tsunami-affected jurisdiction, currently in compliance with
this requirement, however it is not included in this
measure.
On March 11, 2011, Governor Brown declared a state of
emergency for Del Norte, Humboldt, San Mateo, and Santa
Cruz counties, and on March 16, 2011, he declared a state
of emergency for Mendocino and San Luis Obispo counties.
The Governor declared "I certify that the recent tsunami
incident, coupled with California's other recent disasters,
is of such severity and magnitude that supplementary
federal assistance is necessary, as the effective response
is beyond the capabilities of the state and the affected
local governments."
On April 18, 2011, FEMA announced that federal disaster aid
will be available to the state and eligible local
governments and certain private nonprofit organizations on
a cost-sharing basis for emergency work and the repair or
replacement of facilities damaged by the tsunami wave surge
in Del Norte and Santa Cruz counties.
PRIOR/RELATED LEGISLATION
SB 1537 (Kehoe) Chapter 355, Statutes of 2008. Added the
wildfires that occurred in southern California, commencing
on or about October 20, 2007, to the list of disasters
eligible for full state reimbursement of local agency costs
under the CDA Act.
SB 1764 (Kehoe) 2007-2008 Legislation Session. Would have
required a local agency, on or after January 1, 2010, to
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obtain an annual certification by the State Fire Marshal
(SFM) to be eligible to receive a percentage for a state
share in excess of 75 percent. Also, would have required
the SFM to specify the possible percentage a local agency
may receive in excess of the 75 percent based upon certain
criteria and regulations to be promulgated by SFM on or
before July 1, 2009. (Vetoed by Governor)
SB 1308 (Cox) Chapter 400, Statutes of 2008. Included the
Angora Fire which occurred in the Lake Tahoe Basin
commencing June 24, 2007, to the list of disasters eligible
for full state reimbursement of local agency costs under
the CDA Act.
AB 49 (Arambula) 2007-2008 Legislative Session . Would have
amended the CDA Act by adding the extreme cold weather that
occurred throughout California during the month of January
2007 to the list of specific events eligible for full state
reimbursement of local agency costs. (Held in Assembly
Appropriations Committee.)
AB 1798 (Berg) Chapter 896, Statutes of 2006 . Added the
severe rainstorms that occurred in selected counties in
Northern California from December 17, 2005, to January 3,
2006, to the list of disasters eligible for full state
reimbursement of local agency costs under the CDA Act.
AB 2140 (Hancock) Chapter 739, Statutes of 2006.
Prohibited the state share for any eligible project from
exceeding 75% of total state eligible costs unless the
local agency is located within a city, county, or city and
county that has adopted a local hazard mitigation plan as
part of the safety element of its general plan, as
specified.
AB 2735 (Nava) Chapter 897, Statutes of 2006 . Added the
severe rainstorms that occurred in selected counties in
Northern California from December 17, 2005, to January 3,
2006, to the list of disasters eligible for full state
reimbursement of local agency costs under the CDA Act.
AB 164 (Nava and Bass) Chapter 623, Statutes of 2005 .
Added the severe storms, flooding, debris flows, and
mudslides that occurred in the Counties of Kern, Los
Angeles, Santa Barbara and Ventura in December 2004,
January 2005, February 2005, and March 2005, to the list of
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disasters eligible for full state reimbursement of local
agency costs under the CDA Act.
SB 457 (Kehoe) Chapter 622, Statutes of 2005 . Added the
severe rainstorms, floods, mudslides, and other events that
occurred in the Counties of Orange, Riverside, San
Bernardino, and San Diego during December 2004, January
2005, February 2005, March 2005, and June 2005 to the list
of disasters eligible for full state reimbursement of local
agency costs under the CDA Act.
AB 1510 (Kehoe) Chapter 772, Statutes of 2004 . Added the
Southern California wildfires that occurred during October
and November 2003 and the San Simeon earthquake that
occurred during December 2003 to the list of disasters
eligible for full state reimbursement of local agency costs
under the CDA Act.
SB 438 (Soto and Hollingsworth) 2003-2004 Legislative
Session . Would have amended the CDA Act by adding the
wildfires that occurred in Southern California beginning
October 21, 2003, and the December 22, 2003, San Simeon
earthquake to the list of disasters eligible for full state
reimbursement of local agency costs. (Vetoed by the
Governor)
SUPPORT: As of June 24, 2011:
Del Norte County Board of Supervisors (sponsor)
California Association of Counties
OPPOSE: None on file as of June 24, 2011.
FISCAL COMMITTEE: Senate Appropriations Committee
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