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SB-531 Local emergencies: districts.(2017-2018)

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Date Published: 05/16/2017 09:00 PM
SB531:v98#DOCUMENT

Amended  IN  Senate  May 16, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 531


Introduced by Senator Galgiani

February 16, 2017


An act to amend Sections 8558 and 8630 Section 8558 of the Government Code, relating to local emergencies.


LEGISLATIVE COUNSEL'S DIGEST


SB 531, as amended, Galgiani. Local emergencies. emergencies: districts.
Existing law authorizes the local officials and local governments the governing body of a city, county, or city and county, or a designated official, to declare a local emergency, as defined, when specified conditions of disaster or extreme peril to the safety of persons and property exist within the territorial limits of a county, city and county, or city. city, county, or city and county. Existing law establishes various types of districts charged with specified duties within the Harbors and Navigation Code, including harbor improvement districts, harbor districts, port districts, river port districts, and small craft harbor districts.
This bill would authorize a district established under the Harbors and Navigation Code or by an official designated by ordinance adopted by that governing body to proclaim a local emergency. The bill would also revise the definition of a local emergency to include conditions of disaster or extreme peril to the safety of persons and property within the territorial limits of that district. a district established under the Harbors and Navigation Code.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

 Section 8558 of the Government Code is amended to read:

8558.
 Three conditions or degrees of emergency are established by this chapter:
(a) “State of war emergency” means the condition which exists immediately, with or without a proclamation thereof by the Governor, whenever this state or nation is attacked by an enemy of the United States, or upon receipt by the state of a warning from the federal government indicating that such an enemy attack is probable or imminent.
(b) “State of emergency” means the duly proclaimed existence of conditions of disaster or of extreme peril to the safety of persons and property within the state caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, drought, sudden and severe energy shortage, plant or animal infestation or disease, the Governor’s warning of an earthquake or volcanic prediction, or an earthquake, or other conditions, other than conditions resulting from a labor controversy or conditions causing a “state of war emergency,” which, by reason of their magnitude, are or are likely to be beyond the control of the services, personnel, equipment, and facilities of any single county, city and county, or city and require the combined forces of a mutual aid region or regions to combat, or with respect to regulated energy utilities, a sudden and severe energy shortage requires extraordinary measures beyond the authority vested in the California Public Utilities Commission.
(c) “Local emergency” means the duly proclaimed existence of conditions of disaster or of extreme peril to the safety of persons and property within the territorial limits of a county, city and county, city, or district established under the Harbors and Navigation Code, caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, drought, sudden and severe energy shortage, plant or animal infestation or disease, the Governor’s warning of an earthquake or volcanic prediction, or an earthquake, or other conditions, other than conditions resulting from a labor controversy, which are or are likely to be beyond the control of the services, personnel, equipment, and facilities of that political subdivision and require the combined forces of other political subdivisions to combat, or with respect to regulated energy utilities, a sudden and severe energy shortage requires extraordinary measures beyond the authority vested in the California Public Utilities Commission.

SEC. 2.Section 8630 of the Government Code is amended to read:
8630.

(a)A local emergency may be proclaimed only by the governing body of a city, county, city and county, or district established under the Harbors and Navigation Code, or by an official designated by ordinance adopted by that governing body.

(b)Whenever a local emergency is proclaimed by an official designated by ordinance, the local emergency shall not remain in effect for a period in excess of seven days unless it has been ratified by the governing body.

(c)The governing body shall review the need for continuing the local emergency at least once every 30 days until the governing body terminates the local emergency.

(d)The governing body shall proclaim the termination of the local emergency at the earliest possible date that conditions warrant.