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AB-1044 Office of Emergency Services: COVID-19 Pandemic after-action report.(2021-2022)

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Date Published: 03/30/2021 09:00 PM
AB1044:v98#DOCUMENT

Amended  IN  Assembly  March 30, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 1044

Introduced by Assembly Member Rodriguez

February 18, 2021

An act to amend Section 8572 of add Section 8607.3 to the Government Code, relating to emergency services, and declaring the urgency thereof, to take effect immediately.


LEGISLATIVE COUNSEL'S DIGEST


AB 1044, as amended, Rodriguez. Governor: exercise of emergency powers. Office of Emergency Services: COVID-19 Pandemic after-action report.

Under the California Emergency Services Act, in the exercise of the emergency powers vested in the Governor during a state of war emergency or state of emergency, the Governor is authorized to commandeer or utilize any private property or personnel deemed by the Governor necessary in carrying out the responsibilities vested in the Governor as Chief Executive of the state and the state is required to pay the reasonable value thereof.

This bill, in regard to the Governor’s exercise of the powers described above, would specifically provide that the authority to commandeer includes manufacturing entities for the purpose of manufacturing personal protective equipment.

The California Emergency Services Act, among other things, establishes the Office of Emergency Services for the purpose of mitigating the effects of natural, man-made, or war-caused emergencies and makes findings and declarations relating to ensuring that preparation within the state will be adequate to deal with those emergencies. Existing law requires the Office of Emergency Services to complete an after-action report within 180 days after each declared disaster, as specified.
This bill would require the Office of Emergency Services, on or before September 30, 2021, to review, and make recommendations to the Legislature and the California congressional delegation on, how to enhance the effectiveness of the Strategic National Stockpile, the federal Defense Production Act of 1950, the California stockpile of personal protection equipment, and the procurement of personal protective equipment as part of its COVID-19 Pandemic after- action report.
This bill would declare that it is to take effect immediately as an urgency statute.
Vote: 2/3   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.Section 8572 of the Government Code is amended to read:
8572.

(a)In the exercise of the emergency powers hereby vested in the Governor during a state of war emergency or state of emergency, the Governor is authorized to commandeer or utilize any private property or personnel deemed by the Governor as necessary in carrying out the responsibilities hereby vested in the Governor as the Chief Executive of the state and the state shall pay the reasonable value thereof.

(b)This authority to commandeer private property includes manufacturing entities for the purpose of manufacturing personal protective equipment.

(c)Notwithstanding the provisions of this section, the Governor is not authorized to commandeer any newspaper, newspaper wire service, or radio or television station, but may, during a state of war emergency or state of emergency, and if no other means of communication are available, utilize any news wire services, and the state shall pay the reasonable value of that use. In so utilizing those facilities, the Governor shall interfere as little as possible with their use for the transmission of news.

SECTION 1.

 Section 8607.3 is added to the Government Code, to read:

8607.3.
 On or before September 30, 2021, the Office of Emergency Services shall review, and make recommendations to the Legislature and California congressional delegation on, how to enhance the effectiveness of the Strategic National Stockpile, the federal Defense Production Act of 1950 (P.L. 81–774), the California stockpile of personal protection equipment, and the procurement of personal protective equipment as part of the COVID-19 Pandemic after-action report completed pursuant to subdivision (f) of Section 8607.

SEC. 2.

 This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order to facilitate the manufacture of life-saving equipment to address the ongoing coronavirus (COVID-19) pandemic, pandemics, threat of catastrophic wildfires, earthquakes, floods, and other hazards that require a massive amount of personal protective equipment, equipment as soon as possible, it is necessary that this act take effect immediately.