BILL ANALYSIS �
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|SENATE RULES COMMITTEE | AB 1429|
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THIRD READING
Bill No: AB 1429
Author: Chesbro (D), et al.
Amended: 5/16/11 in Assembly
Vote: 27 - Urgency
SENATE GOVERNMENTAL ORG. COMMITTEE : 13-0, 6/28/11
AYES: Wright, Anderson, Berryhill, Calderon, Cannella,
Corbett, De Le�n, Evans, Hernandez, Padilla, Strickland,
Wyland, Yee
SENATE APPROPRIATIONS COMMITTEE : 9-0, 8/25/11
AYES: Kehoe, Walters, Alquist, Emmerson, Lieu, Pavley,
Price, Runner, Steinberg
ASSEMBLY FLOOR : 78-0, 5/31/11 - See last page for vote
SUBJECT : Disaster relief: March 2011 tsunami
SOURCE : Del Norte County Board of Supervisors
DIGEST : This bill adds the tsunami that occurred in Del
Norte County in March 2011, to the list of disasters for
which the state share of state eligible cost is up to 100
percent. This bill exempts the county from a specified
planning requirement as a condition of receiving this level
of assistance.
ANALYSIS : Existing law, the California Disaster
Assistance (CDA) Act, provides that the state must pay 75
percent of the non-federal share of eligible costs for any
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state-declared emergency. For some statutorily specified
disasters the state is required to pay 100 percent of the
non-federal cost.
Existing law prohibits the state share for any eligible
project from exceeding 75 percent 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, in accordance with the federal Disaster
Mitigation Act of 2000, as part of the safety element of
its general plan, as specified.
This bill 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 percent. Specifically, this bill:
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 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 percent 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.
Background
The CDA Act requires the state share for non-federal
eligible costs to be apportioned on a 75 percent state/25
percent 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 percent of the non-federal eligible
costs.
This bill provides for the state to cover up to 100 percent
of the non-federal share of costs associated with the
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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.
Preliminary costs submitted by Del Norte County to the
California Emergency Management Agency are in excess of $20
million - the federal government pays 75 percent of those
costs. Under this bill, the state will pick up the entire
remaining amount. Absent this bill, the state pays for
18.75 percent of the costs and the county pays 6.25
percent.
In 2006, the Legislature enacted AB 2140 (Hancock), 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
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. This bill exempts 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
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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, Federal Emergency Management Agency
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, adds 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), 2007-08 Session, would have required a
local agency, on or after January 1, 2010, to 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 Schwarzenegger)
SB 1308 (Cox), Chapter 400, Statutes of 2008, includes 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), 2007-08 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
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reimbursement of local agency costs. (Held in Assembly
Appropriations Committee.)
AB 1798 (Berg), Chapter 896, Statutes of 2006, adds 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, prohibits
the state share for any eligible project from exceeding 75
percent 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, adds 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, adds
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 disasters
eligible for full state reimbursement of local agency costs
under the CDA Act.
SB 457 (Kehoe), Chapter 622, Statutes of 2005, adds 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, adds 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.
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SB 438 (Soto and Hollingsworth), 2003-04 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
Schwarzenegger)
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
According to the Senate Appropriations Committee:
Fiscal Impact (in thousands)
Major Provisions 2011-12 2012-13 2013-14 Fund
State assumption of $1,294 payable over likely
several fiscal General
local share of disaster years
costs
SUPPORT : (Verified 8/26/11)
Del Norte County Board of Supervisors (source)
California State Association of Counties
Regional Council of Rural Counties
ARGUMENTS IN SUPPORT : California State Association of
Counties supports this bill and states:
"In March 2011, the deadly tsunami that hit Japan also
traveled 5,000 miles across the ocean and slammed into
the Northern California, causing millions of dollars in
damage and one loss of life.
"AB 1429 would assist Northern California in recovering
from this disaster by providing a higher state share of
cost for eligible projects. The California Disaster
Assistance Act authorizes a local agency to receive state
financial assistance after the proclamation of a local
emergency. The state share for eligible costs is no more
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than 75%, except for specific disaster-related events.
This bill would include, as eligible for 100% state
share, the tsunami that occurred in Mendocino County and
Del Norte County in March 2011."
ASSEMBLY FLOOR : 78-0, 5/31/11
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall,
Bill Berryhill, Block, Blumenfield, Bonilla, Bradford,
Brownley, Buchanan, Butler, Campos, Carter, Cedillo,
Chesbro, Conway, Cook, Davis, Dickinson, Donnelly, Eng,
Feuer, Fletcher, Fong, Fuentes, Furutani, Beth Gaines,
Galgiani, Garrick, Gatto, Gordon, Grove, Hagman,
Halderman, Hall, Harkey, Hayashi, Roger Hern�ndez, Hill,
Huber, Hueso, Huffman, Jeffries, Jones, Knight, Lara,
Logue, Bonnie Lowenthal, Ma, Mansoor, Mendoza, Miller,
Mitchell, Monning, Morrell, Nestande, Nielsen, Norby,
Olsen, Pan, Perea, V. Manuel P�rez, Portantino, Silva,
Skinner, Smyth, Solorio, Swanson, Torres, Valadao,
Wagner, Wieckowski, Williams, Yamada, John A. P�rez
NO VOTE RECORDED: Charles Calderon, Gorell
PQ:kc 8/29/11 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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