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AB-2981 Emergency plans: local government: technical assistance and after action reports.(2019-2020)

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Date Published: 04/30/2020 09:00 PM
AB2981:v98#DOCUMENT

Amended  IN  Assembly  May 04, 2020

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 2981


Introduced by Assembly Member Aguiar-Curry

February 21, 2020


An act to amend Section 65300 of the Government Code, relating to land use. An act to add Article 10.5 (commencing with Section 8614.1) to Chapter 7 of Division 1 of Title 2 of the Government Code, relating to emergency services.


LEGISLATIVE COUNSEL'S DIGEST


AB 2981, as amended, Aguiar-Curry. Long-term general plan. Emergency plans: local government: technical assistance and after action reports.
Existing law, the California Emergency Services Act creates, within the office of the Governor, the Office of Emergency Services (office) which is responsible for addressing natural, technological, or manmade disasters and emergencies, including responsibility for activities necessary to prevent, respond to, recover from, and mitigate the effects of emergencies and disasters upon people and property. Existing law authorizes cities, cities and counties, and counties to create disaster councils, by ordinance, to develop plans for meeting any condition constituting a local emergency or state of emergency, including, but not limited to, earthquakes, natural or manmade disasters specific to that jurisdiction, or a state of war emergency. Existing law requires a disaster council to supply a copy of those plans to the office.
This bill would require the office to provide, upon request, technical assistance to any county, city and county, or city in conforming the county’s, city and county’s, or city’s emergency plan with statewide emergency planning guidance and federal emergency planning guidance from the Federal Emergency Management Agency. The bill would require the office to prioritize a plan submitted from a rural county or rural city when providing this technical assistance.
This bill would require that a city, county, or city and county that declares a local emergency for which the Governor proclaims a state of emergency to provide to the office an after action report that contains information the city, county, or city and county deems pertinent in informing local and statewide emergency planning efforts. The bill would require the after action report to be provided to the office within 90 days following the city’s, county’s, or city and county’s declaration that the local emergency has ended. The bill would require the office to conspicuously post any after action report it receives on its internet website within 10 days of receipt of the report. By imposing new duties on city, county, and city and county officials, the bill would impose a state-mandated local program.
The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.
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 the statutory provisions noted above.

Existing law, the Planning and Zoning Law, among other things, requires each county and city to adopt a comprehensive, long-term general plan for the physical development of the county or city that contains certain mandatory elements.

This bill would make nonsubstantive changes to that law.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NOYES  

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


SECTION 1.

 Article 10.5 (commencing with Section 8614.1) is added to Chapter 7 of Division 1 of Title 2 of the Government Code, to read:
Article  10.5. CalOES Assistance to Cities and Counties

8614.1.
 (a) The Office of Emergency Services shall provide, upon request, technical assistance to any county, city and county, or city in conforming the county’s, city and county’s, or city’s emergency plan with statewide emergency planning guidance and federal emergency planning guidance from the Federal Emergency Management Agency.
(b) The Office of Emergency Services shall prioritize, in complying with subdivision (a), a plan submitted from a rural county or rural city.

8614.2.
 (a) A city, county, or city and county that declares a local emergency for which the Governor proclaims a state of emergency pursuant to Section 8625 shall provide to the Office of Emergency Services an after action report that contains information the city, county, or city and county deems pertinent in informing local and statewide emergency planning efforts.
(b) The after action report described in subdivision (a) shall be provided to the Office of Emergency Services within 90 days following the city’s, county’s, or city and county’s declaration that the local emergency has ended.
(c) The Office of Emergency Services shall conspicuously post any after action report received pursuant to subdivision (b) on its internet website within 10 days of receipt of the report.

SEC. 2.

 The Legislature finds and declares that the need for updated emergency planning in response to wildfires and other local and statewide emergencies is a matter of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 1 of this act adding Article 10.5 (commencing with Section 8614.1) to Chapter 7 of Division 1 of Title 2 of the Government Code applies to all cities, including charter cities.

SEC. 3.

 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 65300 of the Government Code is amended to read:
65300.

Each planning agency shall prepare, and the legislative body of each county and city shall adopt, a comprehensive, long-term general plan for the physical development of the county or city and any land outside its boundaries that, in the planning agency’s judgment, bears relation to its planning. A chartered city shall adopt a general plan that contains the mandatory elements specified in Section 65302.