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AB-1441 Emergency services: emergency plans: critically ill newborn infants.(2021-2022)



Current Version: 03/25/21 - Amended Assembly Compare Versions information image


AB1441:v98#DOCUMENT

Amended  IN  Assembly  March 25, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 1441


Introduced by Assembly Member Cervantes

February 19, 2021


An act to amend Section 8593.3 of the Government Code, relating to emergency services.


LEGISLATIVE COUNSEL'S DIGEST


AB 1441, as amended, Cervantes. Emergency services: emergency plans. plans: critically ill newborn infants.
Existing law, the California Emergency Services Act, grants the Governor certain powers to be exercised in accordance with the State Emergency Plan and programs for the mitigation of the effects of an emergency, including providing for approval of local emergency plans, requires the State Emergency Plan to be in effect in each political subdivision of the state, and requires the governing body of each political subdivision to take such action as may be necessary to carry out the provisions thereof.

This bill would declare the intent of the Legislature to enact legislation that would relate to integrating the needs of the access and functional needs population into emergency plans by including representatives from the access and functional needs population, as provided.

Existing law requires a county, upon the next update to its emergency plan, to integrate access and functional needs into its emergency plan, as specified. Existing law provides a county with specified powers and duties for the purpose of enrolling residents from the access and functional needs population in a local public emergency warning system, as specified. Existing law provides that “access and functional needs population” for purposes of these provisions consists of individuals who have developmental or intellectual disabilities, physical disabilities, chronic conditions, injuries, limited English proficiency or who are non-English speaking, older adults, children, people living in institutionalized settings, or those who are low income, homeless, or transportation disadvantaged, including, but not limited to, those who are dependent on public transit or those who are pregnant.
This bill, additionally, would include critically ill newborn infants in the “access and functional needs population” for those purposes. The bill would require a county, in conjunction with the Office of Emergency Services and hospitals in the county, to prepare for a neonatal intensive care unit in the county an emergency disaster evacuation plan for critically ill newborn infants in the neonatal intensive care unit. By increasing the duties of local officials, this bill would impose a state-mandated local program.
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.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NOYES  

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


SECTION 1.

 Section 8593.3 of the Government Code is amended to read:

8593.3.
 (a) A county, including a city and county, shall, upon the next update to its emergency plan, integrate access and functional needs into its emergency plan by addressing, at a minimum, how the access and functional needs population is being served by the following:
(1) Emergency communications, including the integration of interpreters, translators, and assistive technology.
(2) Emergency evacuation, including the identification of transportation resources and resources that are compliant with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.) for individuals who are dependent on public transportation.
(3) Emergency sheltering, including ensuring that designated shelters are compliant with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.) or can be made compliant through modification and that showers and bathrooms are fully accessible to all occupants.
(b) A local government may enter into an agreement with a, or may use the records of its own, social services department to access the contact information of persons from the access and functional needs population, and the contact information of the designated emergency contacts of those persons, if any, for the sole purpose of enrolling those individuals, who are residents of that local government, in a city-operated, county-operated, or city- and county-operated public emergency warning system.
(c) A county, or city and county, upon the next update to its emergency plan, regarding the integration of access and functional needs into that emergency plan, shall include representatives from the access and functional needs population, pursuant to subdivision (b), including, but not limited to, social service agencies, nonprofit organizations, and transportation providers.
(d) A local government that enters into an agreement to access information pursuant to subdivision (b) shall include procedures to enable any covered resident or designated emergency contact to opt out of the warning system and a process to terminate the local government’s access to the contact information of the resident or the designated emergency contact from a county social services department. A local government or any third-party contractor or agent that assists with or administers an emergency warning system shall not use the information gathered for any purpose other than for emergency notification. The local government shall ensure that the confidentiality of the contact information is protected under reasonable security procedures.
(e) A local government that enters into an agreement to access information pursuant to subdivision (b) shall, upon receipt of that information, notify residents and designated emergency contacts that they have been entered into the public emergency warning system. This notification shall include a process to opt out of the warning system and to terminate the local government’s access to the contact information of the resident or the designated emergency contact for purposes of the emergency warning system, regardless of the source of the information.
(f) A county, or city and county, in conjunction with the Office of Emergency Services and hospitals in the county or city and county, shall prepare for a neonatal intensive care unit in the county or city and county an emergency disaster evacuation plan for critically ill newborn infants in the neonatal intensive care unit.

(f)

(g) For purposes of this section:
(1) “Access and functional needs population” consists of individuals who have developmental or intellectual disabilities, physical disabilities, chronic conditions, injuries, limited English proficiency or who are non-English speaking, older adults, children, critically ill newborn infants, people living in institutionalized settings, or those who are low income, homeless, or transportation disadvantaged, including, but not limited to, those who are dependent on public transit or those who are pregnant.
(2) “Contact information” means a person’s name, address, telephone number, and email address.
(3) “Local government” means a city or county, including a city and county.

(g)

(h) Any contact information of a person from the access and functional needs population or the contact information of the designated emergency contact for that person, obtained by a local government pursuant to this section shall not specify whether that person receives public benefits or any other information, besides the contact information, that would be considered personal or confidential.

SEC. 2.

 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.

It is the intent of the Legislature to enact legislation that would relate to integrating the needs of the access and functional needs population into emergency plans by including representatives from the access and functional needs population, including, but not limited to, social service agencies, nonprofit organizations, and transportation providers.