BILL NUMBER: AB 2595	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 17, 2016

INTRODUCED BY   Assembly Member Linder

                        FEBRUARY 19, 2016

   An act to amend Section  8685.4   8611 
of the Government Code, relating to disaster  assistance.
  prepared   ness. 


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2595, as amended, Linder.  Disaster assistance: local
agency allocations.   Local government: disaster
preparedness: test exercises.  
   Existing law, the California Emergency Services Act, authorizes
any city or county to create by ordinance a disaster council for
developing plans for meeting any condition constituting a local
emergency or state of emergency. Existing law also authorizes any
city or county to provide for the calling of test exercises, either
singularly or jointly, whenever, in the opinion of those political
subdivisions, those test exercises are needed.  
   This bill would instead require cities and counties to provide for
the calling of those test exercises at least twice per year and
whenever needed. By requiring these actions by a local agency, this
bill would impose a state-mandated local program.  
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.  
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.  
   Under the California Disaster Assistance Act, a local agency is
required to make application to the Director of Emergency Services
for state financial assistance within 60 days after the date of the
proclamation of a local emergency.  
   This bill would make technical, nonsustantive changes to that
provision. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program:  no
  yes  .


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 8611 of the  
Government Code   is amended to   read: 
   8611.  Counties, cities and counties, and cities  may
  shall  provide for the calling of test exercises,
either singularly or jointly, whenever, in the opinion of 
such   those  political  subdivisions, such
  subdivisions, those  test exercises are 
needed;   needed, but at least twice per year; 
provided, however, that with respect to any such test exercise no one
shall have the power to command the assistance of any private
citizen, and the failure of a citizen to obey any order or regulation
pertaining to a test exercise shall not constitute a violation of
any law.
   SEC. 2.    If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code.  
  SECTION 1.    Section 8685.4 of the Government
Code is amended to read:
   8685.4.  (a) A local agency shall make application to the director
for state financial assistance within 60 days after the date of the
proclamation of a local emergency. The director may extend the time
for this filing only under unusual circumstances. No financial aid
shall be provided until a state agency, upon the request of the
director, has first investigated and reported upon the proposed work,
has estimated the cost of the work, and has filed its report with
the director within 60 days from the date the local agency made
application, unless the director extends the time because of unusual
circumstances. The estimate of cost of the work may include
expenditures made by the local agency for the work prior to the
making of the estimate. If the reporting state agency fails to report
its findings within the 60-day period, and time is not extended by
the director, the director may complete the investigation and recover
a proportionate amount allocated to the state agency for the balance
of the investigation.
   (b) For purposes of this section, "unusual circumstances" are
unavoidable delays that result from recurrence of a disaster,
prolonged severe weather within a one-year period, or other
conditions beyond the control of the applicant. Delays resulting from
administrative procedures are not unusual circumstances which
warrant extensions of time.