BILL ANALYSIS �
SB 1417
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Date of Hearing: June 25, 2014
ASSEMBLY COMMITTEE ON GOVERNMENTAL ORGANIZATION
Isadore Hall, Chair
SB 1417 (Jackson) - As Introduced: February 21, 2014
SENATE VOTE : 35-0
SUBJECT : State government
SUMMARY : 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.
EXISTING LAW
1)Ratifies, approves, and sets forth the provisions of the 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January 1, 2016, is repealed.
2)Provides that the state shall indemnify and make whole any
officer or employee resident of California, or his or her
heirs, injured or killed in another state when rendering aid
pursuant to the EMAC, as if the act or acts occurred in
California, less any recovery obtained under the tort laws of
the host state.
3)Provides that local governments 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.
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FISCAL EFFECT : Unknown
COMMENTS :
Purpose of the bill : According to the author, if California's
EMAC provision is allowed to sunset, there would be no
established process beyond ad hoc state-to-state agreements that
would allow California to receive or provide assistance should
another large scale event occur, and would place California in
the unfortunate position of being the only state in the country
without EMAC. Continuation of EMAC will allow uninterrupted
sharing of resources between California and the rest of the
country.
History of EMAC : The Emergency Management Assistance Compact
was established in 1996 and was the first national disaster
relief compact since the Civil Defense and Disaster Compact of
1950 to be ratified by the U.S. Congress. Since ratification
and signing into law in 1996, 50 states, the District of
Columbia, Puerto Rico, Guam, and the U.S. Virgin Islands have
enacted legislation to become EMAC members.
EMAC offers assistance during governor-declared states of
emergency through a responsive, straightforward system that
allows states to send personnel, equipment, and commodities to
help disaster relief efforts in other states.
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.
EMAC in action : 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.
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When southern California experienced catastrophic wild fires in
2007, the state requested EMAC assistance and a total of 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 the EMAC. Without the EMAC aid, California would not
have been able to fight the large firestorm effectively. In
2013, California also received firefighting resources and
emergency assistance from numerous states during the Rim fire
near Yosemite.
Arguments in support : According to the California Professional
Firefighters, each year, California sends resources, including
firefighting equipment, rescue aircraft, search teams and other
specialized personnel and equipment to assist other states
during times of disaster. In years past, California has sent a
wide assortment of emergency personnel to other states to assist
in response and recovery from multiple hurricanes. Similarly,
California often receives emergency assistance from other states
when, for example, we are battling firestorms.
Previous legislation : AB 1420 (Committee on Governmental
Organization), Chapter 413, Statutes of 2011. The bill extended
the sunset date for the state's ratification and approval of
EMAC until January 1, 2016.
AB 1564 (Nava), Chapter 414, Statutes of 2007. The bill extended
the sunset date for the state's ratification and approval of
EMAC from January 1, 2008, to January, 1, 2013. In addition,
the bill prohibited the state from giving or receiving
assistance for any condition resulting from a labor controversy.
SB 548 (Hollingsworth), Chapter 127, Statutes of 2007. The bill
extended the July 1, 2007 sunset for the Disaster
Response-Emergency Operations Account (DREOA) to January 2,
2009.
SB 1102 (Hollingsworth), Chapter 561, Statutes of 2005. The
bill extended the sunset date applicable to the DREOA within the
Special Fund for Economic Uncertainties from January 1, 2006 to
July 1, 2007.
AB 823 (Nava), Chapter 233, Statutes of 2005. The bill
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ratified, approved, and set forth the provisions of the EMAC.
Also required the state to indemnify and make whole any officer
or employee who is a resident of California, or his or her
heirs, if the officer or employee is injured or killed in
another state when rendering aid pursuant to the EMAC.
SB 1102 (Budget Committee), Chapter 227, Statutes of 2004.
Among other things, the bill continued until January 1, 2006 the
DREOA within the Special Fund for Economic Uncertainties and
allocated $1 million to the Account at the beginning of each
fiscal year.
REGISTERED SUPPORT / OPPOSITION :
Support
California Governor's Office of Emergency Services
California Professional Firefighters
California State Firefighters Association
California State Sheriff's Association
Opposition
None on file
Analysis Prepared by : Felipe Lopez / G. O. / (916) 319-2531