BILL ANALYSIS                                                                                                                                                                                                    �






                                                       Bill No:  AB  
          1620
          
                 SENATE COMMITTEE ON GOVERNMENTAL ORGANIZATION
                           Senator Lou Correa, Chair
                           2013-2014 Regular Session
                                 Staff Analysis



          AB 1620  Author:  Rodriguez
          As Amended:  April 22, 2014
          Hearing Date:  June 24, 2014
          Consultant:  Art Terzakis


                                     SUBJECT  
           California Emergency Management and Disaster Preparedness  
                                   Commission

                                   DESCRIPTION
           
          AB 1620 establishes the California Emergency Management and  
          Disaster Preparedness Commission (Commission), consisting  
          of at least 14-members, to assess and improve the condition  
          of the state's emergency preparedness, management, and  
          disaster recovery capabilities.  Specifically, this  
          measure:

          1)Makes legislative findings and declarations relative to  
            the state's vulnerability to natural disasters, public  
            health pandemics, effects of climate change, acts of  
            terrorism, and other potential dangers and that the state  
            has an obligation to its people to assess the status of  
            intergovernmental coordination of emergency planning and  
            response as well as communication protocols and crisis  
            management.

          2)Creates the Commission in state government as a statewide  
            executive-level body to assess and improve the condition  
            of the state's emergency preparedness, management, and  
            disaster recovery capabilities and requires the  
            Commission to ensure all of the following:

             a)   Loss of life and damage to infrastructure and  
               property is minimized;




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             b)   Sufficiently trained personnel can be activated;

             c)   Hospital patients, skilled nursing facility  
               residents, the aged, the blind, disabled, non-English  
               speakers, and other vulnerable populations are  
               protected;

             d)   Reliable and timely information is disseminated;  
               and,

             e)   Every locality has planned for, and is prepared for  
               a disaster, and emergency responses are coordinated  
               across all governmental levels.

          3)In addition, requires the Commission to review and make  
            recommendations on emergency management and disaster  
            preparedness, including, but not limited to, all of the  
            following:

             a)   Vulnerabilities in the state's health care, energy,  
               transportation, communication, and other  
               infrastructure.

             b)   The availability of equipment, fuel, food water,  
               and other emergency supplies.

             c)   The ability of first responders and other personnel  
               to communicate effectively with each other.

          4)Stipulates that the Commission will be composed of the  
            following members:

             a)   The Governor.

             b)   The Attorney General.

             c)   One representative of a city government and one  
               representative of a county government, appointed by  
               the Governor.

             d)   One representative of a city/county fire service  
               and one representative of a city/county law  
               enforcement service, appointed by the Governor.

             e)   One representative of a local public health agency,  




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               appointed by the Governor.

             f)   One representative who is an administrator of a  
               local emergency medical services agency that serves a  
               population of less than one million persons and a  
               second representative that serves a population of  
               greater than one million persons, both of whom will be  
               appointed by the Governor.

             g)   The Director of Emergency Services.

             h)   The Director of the Emergency Medical Services  
               Authority.

             i)   The President of the Public Utilities Commission.

             j)   The Director of the State Department of Health.

             aa)  The Director of Technology.

          5)Requires the President pro Tempore of the Senate and the  
            Speaker of the Assembly, or their designees, to meet and  
            participate in the Commission's activities to the extent  
            their participation is not incompatible with their  
            respective positions in the Legislature.

          6)Also, authorizes the Commission to include one  
            representative of the American Red Cross, appointed by  
            the Governor. 

                                   EXISTING LAW
                                         
          Existing law requires the Governor and the Office of  
          Emergency Services (OES) to prepare for and mitigate the  
          effects of emergencies in the state.

          Existing law requires OES to perform a variety of duties  
          with respect to specified emergency preparedness,  
          mitigation, and response activities in the state, including  
          emergency medical services.

          Existing law specifies that the State Emergency Plan shall  
          be in effect in each political subdivision of the state,  
          and the governing body of each political subdivision shall  
          take necessary actions to carry out the provisions of the  
          Plan.




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          Existing law requires the Governor to coordinate the State  
          Emergency Plan and those programs necessary to mitigate the  
          effects of an emergency. 

          Existing law requires the Governor to coordinate the  
          preparation of plans and programs for the mitigation of the  
          effects of an emergency by the political subdivisions of  
          the State of California, such plans and programs to be  
          integrated into and coordinated with the State Emergency  
          Plan and the plans and programs of the federal government  
          and of other states to the fullest possible extent. 

                                    BACKGROUND
           
          In 2012, the Governor's Reorganization Plan No. 2 (GRP2)  
          transformed the California
          Emergency Management Agency from an agency-level  
          organization into part of the
          Governor's Office of Emergency Services (OES) - the  
          Secretary of the Agency became the Director of Emergency  
          Services. GRP2 also eliminated the California Emergency  
          Council for cost saving purposes. Generally speaking, the  
          make-up of the former Emergency Council and its stated  
          purpose/duties are similar to those found in AB 1620.   

           Purpose of AB 1620:   It is the author's belief that  
          elimination of the California Emergency Council has  
          resulted in decreased legislative and public oversight and  
          accountability. The author's office contends that the  
          Legislature and the people of California have very little  
          information about state preparedness, emergency plans, and  
          response activities.  This measure is intended to create a  
          mechanism for assessing the status of intergovernmental  
          coordination on emergency planning, communication  
          protocols, disaster response, and crisis management across  
          the state and reassuring the public and government  
          officials that the Administration and legislative leaders  
          are on top of things when it comes to planning for and  
          responding to emergencies.

           State Emergency Plan  :  The State of California Emergency  
          Plan addresses the state's response to extraordinary  
          emergency situations associated with natural disasters or  
          human-caused emergencies. In accordance with the California  
          Emergency Services Act, the plan describes the methods for  




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          carrying out emergency operations, the process for  
          rendering mutual aid, the emergency services of  
          governmental agencies, how resources are mobilized, how the  
          public will be informed and the process to ensure  
          continuity of government during an emergency or disaster.

          The plan is a management document intended to be read and  
          understood before an emergency occurs. It is designed to  
          outline the activities of all California jurisdictions  
          within a statewide emergency management system and it  
          embraces the capabilities and resources in the broader  
          emergency management community that includes individuals,  
          businesses, non-governmental organizations, tribal  
          governments, other states, federal government and  
          international assistance. 

           Staff Comments:   The author may wish to consider adding a  
          provision which makes it clear that neither the members of  
          the Commission nor the Members of the Legislature shall  
          receive compensation for their services under this bill,  
          but they shall be reimbursed for their actual and necessary  
          expenses incurred in connection with their duties.
                                         
                           PRIOR/RELATED LEGISLATION
           
           AB 918 (Cooley), Chapter 187, Statutes of 2013.   Required  
          OES, on or before July 31, 2015, to update the California  
          Emergency Plan to include proposed best practices for local  
          governments and nongovernmental entities to use to mobilize  
          and evacuate people with disabilities and others with  
          access and functional needs during an emergency or natural  
          disaster.
           
          AB 2200 (Perez), 2013-14 Session.  Would create, until  
          January 1, 2019, a 12-member "California Cyber Security  
          Commission," within the Department of Technology, as an  
          advisory body to discuss strategies for improving the  
          state's cyber security and cyber response capabilities.

           AB 1116 (Fong), 2011-12 Session.  Would have required the  
          Secretary of California Emergency Management to consider  
          the multiple languages and needs of populations who have  
          limited proficiency in the English language during  
          emergency preparedness planning, response, and recovery.   
          (Vetoed - Governor's message stated "this bill is  
          unnecessary. Cal EMA already considers the needs of limited  




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          English proficiency populations when revising and preparing  
          emergency preparedness materials. Moreover, I will direct  
          Cal EMA to review local plans to account for populations  
          that do not speak English when alerts for evacuation are  
          issued or when emergency medical care is required at  
          shelters.") 

           SUPPORT:   As of June 20, 2014:

          American Federation of State, County and Municipal  
          Employees (AFSCME)
          California Primary Care Association

           OPPOSE:   None on file as of June 20, 2014.

           FISCAL COMMITTEE:   Senate Appropriations Committee

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