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AB-615 Emergency services: populations with limited English proficiency.(2007-2008)

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Amended  IN  Assembly  April 09, 2007
Amended  IN  Assembly  March 26, 2007

CALIFORNIA LEGISLATURE— 2007–2008 REGULAR SESSION

Assembly Bill
No. 615

Introduced  by  Assembly Member Torrico

February 21, 2007

An act to amend Section 8581.5 of, and add Sections 8588.16 and 8593.3 Section 8588.16 to the Government Code, relating to emergency services.


LEGISLATIVE COUNSEL'S DIGEST


AB 615, as amended, Torrico. Emergency services: populations with limited English proficiency.
Existing law requires planning for the unique needs of populations with disabilities in creating emergency and disaster response plans and requires the director of the Governor’s Office of Emergency Services to include representatives of the disabled community on specified committees related to emergency preparedness.
This bill would require the state to prepare for the language needs of persons with limited English proficiency in creating emergency and disaster response plans, representation of immigrant communities persons with limited English proficiency on committees responsible for emergency planning, regional trainings for ethnic organizations on disaster preparation, and dissemination of translated and community-friendly emergency preparedness materials. This bill would also require that an existing biennial report by the California Emergency Council on emergency preparedness include information on the state of emergency preparedness of vulnerable populations, including the elderly, disabled, low income, and persons with limited English proficiency, and identify recommendations for improving state, regional, and local emergency preparedness, response, and recovery for persons with limited English proficiency. It would also require the director to create a registry of qualified bilingual persons in public contact positions, as defined, who can assist with emergency preparedness, response, and recovery, and, by January 1, 2009, to create guidelines for assisting local and regional entities in the planning of emergency preparedness, response, and recovery for the needs of persons with limited English proficiency.
The bill would provide that these provisions shall be implemented only upon receipt of federal funding for this purpose.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 The Legislature hereby finds and declares all of the following:
(a) Recent disasters have highlighted the vulnerabilities of individuals with limited English proficiency in an emergency. At least 19,641 individuals within the Hurricane Katrina and Hurricane Rita disaster areas spoke English with difficulty.
(b) A report presented to the Congressional Asian Pacific American Caucus highlighted the lack of evacuation orders in any non-English language during the Hurricane Katrina disaster, leaving individuals with limited English proficiency vulnerable.
(c) In California, approximately 40 percent of the population speaks a language other than English at home, and 7 million have limited English proficiency. The number of individuals and languages poses challenges in the chaos of a disaster.
(d) The Little Hoover Commission has highlighted the need for developing plans to ensure that the needs of vulnerable populations, including those with limited English proficiency, will be met during a catastrophe.
(e) This state, with its extraordinary language diversity, must take steps to ensure emergency plans are prepared to respond to the needs of individuals with limited English proficiency before and during emergencies.

SEC. 2.

 Section 8581.5 of the Government Code is amended to read:

8581.5.
 (a) The council shall publish a biennial report on the state of emergency preparedness for catastrophic disasters. This report shall include information from the after action analysis of disasters in the preceding two years, research directed by the council, and surveys of local and state emergency response agencies. The biennial report shall also include a summary of strategic actions necessary to address identified gaps in emergency preparedness and an evaluation of previous efforts to close gaps identified in previous reports, audits, and independent analyses. The
(b) The report shall provide information on the state of emergency preparedness and identified gaps for meeting the needs of vulnerable populations, including the elderly, disabled, low income, and persons with limited English proficiency.

biennial report shall also include a summary of strategic actions necessary to address identified gaps in emergency preparedness and an evaluation of previous efforts to close gaps identified in previous reports, audits, and independent analyses. The report shall provide information on the state of emergency preparedness and identified gaps for meeting the needs of vulnerable populations, including the elderly, disabled, low income, and persons with limited English proficiency.

(c) In preparing the report, the council shall investigate the use of technology and enhancements of emergency notification systems to better communicate with persons with limited English proficiency, and identify recommendations for improving state, regional, and local emergency preparedness, response, and recovery for persons with limited English proficiency. Recommendations may include proposed legislation, regulation, research, technology, training, or staffing considerations.

SEC. 3.

 Section 8588.16 is added to the Government Code, to read:

8588.16.
 (a) The Director of Emergency Services shall appoint representatives of immigrant communities communities with limited English proficiency to serve on the evacuation, sheltering, communication, recovery, and other pertinent Standardized Emergency Management System committees, including one representative to the Technical Working Group.
(b) Within the Standardized Emergency Management System structure, the director shall ensure, to the extent practicable, that the needs of immigrant communities are met by ensuring all committee recommendations regarding preparedness, planning, and procedures relating to emergencies address the needs of immigrant individuals. emergency preparedness, response, and recovery address the needs of persons with limited English proficiency.
(c) The director shall ensure the dissemination of disseminate translated community-friendly materials on how to prepare for and survive a disaster, either by distributing existing materials or producing or translating materials as needed. The director shall work with nongovernmental entities including community-based organizations and ethnic media outlets to ensure wide distribution of materials.
(d) The As authorized by Section 8588.1, the director, in conjunction with local and regional entities, shall hold, at minimum, three regional trainings for local ethnic community organizations and media outlets on disaster preparation so that these organizations and media can assist with predisaster outreach as well as the postdisaster inquiries. emergency preparedness, response, and recovery. The director shall also incorporate ethnic community organizations and media in its communications plan in order to provide them with information regarding emergencies.
(e) The director shall create a registry of qualified bilingual persons in public contact positions, as defined in Sections 7296 and 7297, who are capable of being called upon to assist with emergency preparedness, response, and recovery pursuant to Section 8595. In creating this registry, the director shall also identify and address gaps in language capacity.
(f) The director shall incorporate the needs of persons with limited English proficiency in all emergency preparedness, response, and recovery trainings and exercises, including the exercises identified in the Statewide Exercise Strategy.
(g) In collaboration with advocacy groups representing the needs of persons with limited English proficiency, the director shall create guidelines by January 1, 2009, for assisting local and regional entities in the planning of emergency preparedness, response, and recovery for the needs of persons with limited English proficiency. The guidelines shall do all of the following:
(1) Identify methods for local and regional entities to maintain, on a continuing and updated basis, the capability to administer competent language services.
(2) Highlight the available translated statewide materials related to emergency preparedness, response, and recovery that could be utilized by local and regional entities.
(3) Outline methods for local and regional entities to make emergency preparedness, response, and recovery information, such as emergency notifications and public broadcasts, in a format that can be understood by persons with limited English proficiency.
(4) Assist local and regional entities in developing partnerships with community-based organizations and ethnic media outlets.
(5) Include model standard agreements for the procurement of language services for emergency preparedness, response, and recovery.
(6) Provide examples highlighting the needs of persons with limited English proficiency for use in emergency preparedness, response, and recovery trainings and exercises.
(7) Reference guidelines created pursuant to Section 8589.6 to assist local and regional entities with developing disaster registry programs.
(h) During its periodic review of emergency plans of state entities and local governments, the director shall ensure that the plans address the needs of persons with limited English proficiency, including any development of disaster registries outlined in Section 8589.6.

SEC. 4.Section 8593.3 is added to the Government Code, to read:
8593.3.

(a)The Office of Emergency Services shall work with advocacy groups representing the needs of individuals with limited English proficiency to develop a statewide plan and guidance to local and regional entities for improving communication with limited-English-proficient populations during emergencies. This statewide plan shall be submitted to the Legislature and the appropriate state and local agencies by January 1, 2010. In developing this statewide plan, the office shall do all of the following:

(1)Investigate the use of technology and enhancements of emergency notification systems to better communicate with the limited-English-proficient populations during an emergency.

(2)Assess the language capabilities of emergency service first responders, and address gaps in language capacity.

(3)Create guidance for assisting local and regional entities in their planning for the communication needs of limited-English-proficient populations during and after an emergency.

(4)Highlight the needs of limited-English-proficient populations in training of emergency service first responders and other emergency service personnel.

(5)Assist local and regional entities in developing partnerships with community-based organizations and ethnic media outlets that would be ready to assist in the event of an emergency.

(6)Identify recommendations for the improvement of state, regional, and local emergency preparedness planning for limited-English-proficient populations. Recommendations can include proposed legislation, regulation, research, technology, training, or staffing considerations.

(b)The office shall ensure that entities interacting with the public in an emergency shall maintain, on a continuing and updated basis, the capability to administer competent interpreter and translation services.

(c)The office shall ensure that information made available to individuals affected by a major disaster or emergency, such as by emergency notifications or public broadcasts, is in a format that can be understood by individuals with limited English proficiency.

SEC. 4.

 This act shall be implemented only upon receipt of federal funding for this purpose.