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AB-724 Earthquake emergency procedure system.(2001-2002)

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AB724:v98#DOCUMENT

Amended  IN  Assembly  April 05, 2001

CALIFORNIA LEGISLATURE— 2001–2002 REGULAR SESSION

Assembly Bill
No. 724

Introduced  by  Assembly Member Corbett

February 22, 2001

An act to amend Section 35295 of, and to add Section 35298 to, the Education Code, relating to school safety.


LEGISLATIVE COUNSEL'S DIGEST


AB 724, as amended, Corbett. Earthquake emergency procedure system.
Existing law requires the governing board of each school district and the county superintendent of schools of each county to establish an earthquake emergency procedure system in every public school building under its jurisdiction having an occupant capacity of 50 or more pupils or more than one classroom. Existing law requires each earthquake emergency procedure system to include a school building disaster plan, a drop procedure, protective measures related to earthquakes, and a program to ensure that pupils and certificated and classified staff are aware of, and properly trained in, the system.
This bill would require the governing board of each school district and the county superintendent of schools of each county to submit a written report to the Superintendent of Public Instruction that describes the status of the current earthquake emergency procedure system established in each of the specified schools by January 15, 2003, thereby imposing a state-mandated local program State Fire Marshal to inspect each school’s preparedness for earthquake emergencies and disasters and submit a report to the school principal and district superintendent.
The bill would require the school principal, within 30 days of receipt of the report, to notify parents, guardians, and local PTA organizations of the report, thereby imposing a state-mandated local program.
The bill would require the Governor’s Office of Emergency Services (OES) to conduct an annual survey of schools and review of the reports and report to the Governor, Legislature, and the Seismic Safety Commission.
The bill would, for schools that comply with the notification provisions, and subject to funding being made available for this purpose, provide $1,000 incentive awards, to be known as the “5th R Award”. 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, including the creation of a State Mandates Claims Fund to pay the costs of mandates that do not exceed $1,000,000 statewide and other procedures for claims whose statewide costs exceed $1,000,000.
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.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 35295 of the Education Code is amended to read:

35295.
 The Legislature finds and declares the following:
(a) Because of the generally acknowledged fact that California will experience moderate to severe earthquakes in the foreseeable future, increased efforts to reduce earthquake hazards should be encouraged and supported.
(b) In order to minimize loss of life and disruption, it is necessary for all public or private elementary schools and high schools to develop school disaster plans and specifically an earthquake emergency procedure system so that pupils and staff will act instinctively and correctly when an earthquake disaster strikes.
(c) To maximize the effectiveness and usefulness of school disaster plans and earthquake emergency procedure systems in the schools, it is imperative that the plans be regularly tested and the emergency systems monitored and evaluated for effectiveness and suitability.
(d) It is therefore the intent of the Legislature in enacting this article to authorize the establishment of earthquake emergency procedure systems in kindergarten and grades 1 through 12 in all the public or private schools in California.

SEC. 2.

 Section 35298 is added to the Education Code, to read:
35298.

(a)In order to ensure that earthquake emergency procedure systems in the public schools are functional, updated, and properly maintained, the governing board of each school district and the county superintendent of schools of each county shall submit a written report to the Superintendent of Public Instruction that describes the status of the current earthquake emergency procedure system established in each of the schools described in Section 35296 by January 15, 2003. The report shall include a complete description of each school’s earthquake emergency procedure system and shall specifically address all of the following:

35298.
 (a) The State Fire Marshal shall annually inspect each school’s preparedness for earthquake emergencies and disasters and prepare a report on the findings. This inspection shall be conducted at the same time as the current Title 19 fire-safety inspections performed by local fire officials. The State Fire Marshal may delegate the responsibility for inspecting local schools’ earthquake emergency preparedness to local fire departments.
(b) The report required by subdivision (a) shall, at a minimum, address all of the following:
(1) The date that the current earthquake emergency procedure system was established.
(2) The dates that the current system was last tested, practiced, and updated.
(3) The individual or individuals who are responsible for maintaining and updating the system.
(4) The frequency with which the system is tested and the criteria used to evaluate the system’s effectiveness and suitability.
(5) If a school’s system is found unsatisfactory by the governing board of the school district or the county superintendent of schools, the actions taken to establish compliance and confirm the correction of any deficiencies.
(6) Whether the system is inspected or evaluated by an independent agency.
(7) If inspected by an independent agency, whether the school receives a written report.
(8) The individual or individuals responsible for maintaining the equipment and supplies related to the system.
(9) The conditions under which the equipment or supplies related to the system are maintained, stored, and inspected.
(10) The manner in which the governing board or county superintendent of schools evaluates the adequacy of the training received by school employees responsible for carrying out the system.
(11) The frequency with which the school’s trained personnel are evaluated or subject to specific performance reviews.

(b)The Superintendent of Public Instruction shall submit copies of the reports received pursuant to subdivision (a) to the Seismic Safety Commission by April 30, 2003.

(c) The State Fire Marshal shall submit a copy of the inspection report to the school principal and district superintendent.
(d) Within 30 days of receiving the report, the school principal shall do both of the following:
(1) Certify that the report was completed in compliance with this section.
(2) Notify parents, guardians, and affiliated local PTA organizations of the report and that the report is available for inspection by parents, guardians, and affiliated PTA organizations.
(e) The Governor’s Office of Emergency Services (OES) shall conduct an annual survey of schools and a review of the reports submitted by school principals to assess whether schools are complying with the annual requirement to obtain the inspections and to share the results of those inspections with the parents, guardians, and affiliated PTA organizations. The OES shall report its findings to the Governor, Legislature, and the Seismic Safety Commission.
(f) (1) Based on the annual reports submitted by the OES, schools that comply with the notifications to parents, guardians, and affiliated PTA organizations shall be eligible for an annual one thousand dollar ($1,000) incentive award subject to funds being appropriated for this purpose. The award shall be officially known as the “5th R Award,” the “R” standing for “Readiness.”
(2) It is the intent of the Legislature that funding for the awards be derived from available OES mitigation funds.

SEC. 3.

 Notwithstanding Section 17610 of the Government Code, 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. If the statewide cost of the claim for reimbursement does not exceed one million dollars ($1,000,000), reimbursement shall be made from the State Mandates Claims Fund.