BILL ANALYSIS �
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|SENATE RULES COMMITTEE | SB 1417|
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CONSENT
Bill No: SB 1417
Author: Jackson (D), et al.
Amended: As introduced
Vote: 21
SENATE GOVERNMENTAL ORGANIZATION COMMITTEE : 10-0, 4/22/14
AYES: Correa, Berryhill, Cannella, De Le�n, Galgiani,
Hernandez, Lieu, Padilla, Torres, Vidak
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SUBJECT : Emergency Management Assistance Compact
SOURCE : Author
DIGEST : This bill extends the date on which the state's
ratification and approval of the Emergency Management Assistance
Compact (EMAC) becomes inoperative from March 1, 2015 to March
1, 2018, and also extends the repeal date thereof from January
1, 2016 to January 1, 2019.
ANALYSIS :
Existing law:
1.Ratifies, approves, and sets forth the provisions of EMAC, an
interstate agreement that provides for mutual assistance
between states responding to emergencies and disasters. The
compact becomes inoperative on March 1, 2015, and as of
January 1, 2016, is repealed.
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2.Provides that the state shall indemnify and make whole any
officer or employee resident of California, or his/her heirs,
injured or killed in another state when rendering aid pursuant
to EMAC, as if the act(s) occurred in California, less any
recovery obtained under the tort laws of the host state.
3.Provides that local government or special district personnel
who are officially deployed under the provisions of EMAC
pursuant to an assignment of the Governor's Office of
Emergency Services shall be defended by the Attorney General
or other legal counsel provided by the state, and shall be
indemnified subject to the same conditions and limitations
applicable to state employees.
4.Specifies that the State of California shall not deploy any
personnel "to render aid" to a party state for any conditions
resulting from a "labor controversy," nor shall the state
receive aid from other states for conditions resulting from a
labor controversy.
This bill extends the date on which the state's ratification and
approval of EMAC becomes inoperative from March 1, 2015 to March
1, 2018, and also extends the repeal date thereof from January
1, 2016 to January 1, 2019.
Background
In the 1970s, California played a major role in creating the
Interstate Civil Defense and Disaster Compact (ICDDC), which was
eventually adopted by nearly all other states and ratified by
Congress. The ICDDC enabled states to share emergency
management resources during times of disaster and encouraged the
coordination of emergency preparedness activities between
states.
In 1992, a group of southern states initiated a project to
update the ICDDC. That project resulted in EMAC, which was
ratified by Congress in 1996 and has now been adopted by all 50
states, including California. Upon adoption of EMAC, many
states rescinded the older ICDDC, but California did not rescind
it.
California enacted AB 823 (Nava, Chapter 233, Statutes of 2005)
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to adopt EMAC which became effective September 2005. In 2007,
AB 1564 (Nava, Chapter 414) extended the EMAC sunset date for a
period of five years. In 2011, AB 1420 (Assembly Governmental
Organization Committee, Chapter 413) extended the EMAC sunset
date until January 1, 2016. This bill proposes to further
extend the EMAC sunset by an additional three years.
Specifically, this bill stipulates that the EMAC will cease to
be operative on March 1, 2018, and will sunset on January 1,
2019.
EMAC allows states impacted by a disaster to request and receive
assistance from other member states quickly and efficiently.
Each year, California sends resources, such as firefighting
equipment, rescue aircraft, search teams, emergency managers,
and other specialized personnel and equipment, to assist other
states during disasters. Similarly, California has received
emergency assistance from other states over the years when
facing disasters such as earthquakes and firestorms. The EMAC
mutual aid system has worked successfully and has benefitted
both California and other states in numerous situations as
outlined below.
In 2005, California sent a wide assortment of emergency
personnel to New Orleans and Biloxi, Mississippi to assist with
response and recovery from Hurricane Katrina. The resources sent
included law enforcement officers from the California Highway
Patrol, personnel to help staff the State Operations Centers,
fire personnel and equipment, various aircraft, care and shelter
workers, building inspectors, California National Guard troops,
and various medical teams.
During 2007 and 2008, California sent Swift Water Rescue Teams
and emergency management personnel to Gulf States affected by
hurricanes Rita, Ike, and Gustav.
When southern California experienced catastrophic wild fires in
2007, the state requested EMAC assistance and a total of
forty-three (43) states sent aid to California. Over 27,000
out-of-state firefighters were deployed to California to help
with firefighting and fire prevention efforts. This is the
largest and most significant instance of California receiving
aid through EMAC. Without EMAC aid, California would not have
been able to fight the large firestorm effectively. In 2013,
California also received firefighting resources and emergency
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assistance from numerous states during the Rim Fire near
Yosemite.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 5/5/14)
Governor's Office of Emergency Services
California Professional Firefighters
California State Sheriffs' Association
ARGUMENTS IN SUPPORT : The author's office notes that if
California's EMAC provision is allowed to sunset, no established
process beyond ad hoc state-to-state agreements will be in place
to allow California to receive or provide assistance should
another large scale event occur, and will place California in
the unfortunate position of being the only state in the country
without EMAC. The author's office emphasizes that continuation
of EMAC will allow uninterrupted sharing of resources between
California and the rest of the country.
MW:nl 4/25/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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