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SB-426 Emergency services: access and functional needs coordination.(2007-2008)



Current Version: 04/12/07 - Amended Senate

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SB426:v97#DOCUMENT

Amended  IN  Senate  April 12, 2007
Amended  IN  Senate  March 28, 2007

CALIFORNIA LEGISLATURE— 2007–2008 REGULAR SESSION

Senate Bill
No. 426


Introduced  by  Senator Kehoe

February 21, 2007


An act to add Section 8587.2 to the Government Code, relating to emergency services.


LEGISLATIVE COUNSEL'S DIGEST


SB 426, as amended, Kehoe. Emergency services: access and functional needs coordination.
Existing law sets forth the authority and duties of the Office of Emergency Services in overseeing emergency preparedness and response activities in the state generally. The Director of the Office of Emergency Services is required to appoint representatives of the disabled community to serve on the evacuation, sheltering, communication, recovery, and other pertinent standardized emergency management system committee committees, and within the system structure, to ensure, to the extent practicable, that the needs of the disabled community are met by ensuring all committee recommendations in this regard include the needs of people with disabilities.
This bill would require the director to create the position of Deputy Director for Access and Functional Needs Coordination within the office, who shall be responsible for creating an ensuring that access and functional needs state plan are included in all state plans related to emergency preparedness, planning, and response, and performing specified duties with respect to the oversight and implementation of emergency preparedness and response activities related to persons with functional limitations and disabilities. The bill would express the intent of the Legislature that, to the extent permitted by federal law, federal homeland security grant funds be used to implement these provisions.
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 finds and declares as follows:
(a) Approximately 23 percent of Californians have functional or communication needs, or both, that require advanced planning, education, and training of emergency personnel to provide timely and adequate evacuation during an emergency.
(b) People with disabilities or functional limitations include persons who have one or more functional limitations that reduce their ability to move, see, hear, walk, speak, learn, breathe, understand information, respond quickly, or manipulate or reach controls. This includes people with a diverse variety of visual, hearing, mobility, cognitive, emotional, and psychiatric limitations.
(c) This large population is made up of individuals of all ages, ethnicities speaking all languages, and at every income level. It is not uncommon for individuals to live with multiple functional limitations. Adults in this population primarily live independently in the community, and have a variety of visual, hearing, mobility, cognitive, emotional, and psychiatric limitations. while some live in congregate facilities and institutional settings.

SEC. 2.

 Section 8587.2 is added to the Government Code, to read:

8587.2.
 (a) The Director of the Office of Emergency Services shall create the position of Deputy Director for Access and Functional Needs Coordination within the office. This individual shall be responsible for creating an access and functional needs state plan ensuring that access and functional needs are included in all state plans related to emergency preparedness, planning, and response, overseeing the training of emergency personnel for its implementation regarding access and functional needs, and coordinating with state and local agencies to ensure that the plan is access and functional needs are included in all state disaster preparedness documents and training.
(b) The deputy director shall oversee and ensure adequate planning that incorporates the diverse needs of people with functional limitations and disabilities in all state preparedness, response, and recovery activities. This includes, but is not limited to, building capacity so that emergency programs and services are accessible to, accommodate, and are inclusive of these populations and minimize adverse impacts.
(c) The deputy director shall ensure that community-based organizations serving populations with functional limitations and disabilities are integrated into the planning and implementation of all state disaster preparedness documents and training.
(d) The deputy director shall be responsible for the ongoing coordination of the disability community participation in the standardized emergency management system specialist committees pursuant to Section 8588.15, and shall ensure that recommendations made by these committees regarding preparedness, planning, and response procedures, and other items pertaining to people with disabilities and functional limitations are reported to the Director of the Office of Emergency Services.
(e) Notwithstanding Section 7550.5, the deputy director shall track and report annually to the Legislature on the committee recommendations made pursuant to Section 8588.15, and the effectiveness and implementation of the access and functional needs state plan in all state plans and activities related to emergency preparedness, planning, and response. The report shall also be made available to the public.
(f) The Director of the Office of Emergency Services shall also create functional assessment and service teams (FAST) under the direction of the deputy director, to consist of trained and registered community-based organizations and nongovernmental organization personnel ready to respond to and be deployed to disaster areas. The purpose of the teams shall be to plan for and offer service assistance to populations with functional limitations during emergencies.
(g) For the purposes of this section, “functional limitation” includes, but is not limited to, any condition that reduces an individual’s ability to move, see, hear, learn, communicate, or maintain independence. Individuals with functional limitations may or may not identify as a “person with a disability.”

SEC. 3.

 It is the intent of the Legislature that to the extent permitted by federal law, federal homeland security grant funds allocated by the Office of Emergency Services be used to implement Section 8587.2 of the Government Code, as added by Section 2 of this act.