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AB-1488 Emergency services: local government: access and functional needs: medical equipment.(2021-2022)



Current Version: 03/22/21 - Amended Assembly         Compare Versions information image


AB1488:v98#DOCUMENT

Amended  IN  Assembly  March 22, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 1488


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 1488, as amended, Cervantes. Emergency services: local government. government: access and functional needs: medical equipment.
Existing law establishes the Office of Emergency Services within the office of the Governor and under the supervision of the Director of Emergency Services and makes the office responsible for the state’s emergency and disaster response services for natural, technological, or human-made disasters and emergencies. Existing law defines the term “emergency plan” for purposes of emergency services provided by local governments. Existing law requires a county, upon the next update to its emergency plan, to integrate access and functional needs into its emergency plan by addressing, at a minimum, how the access and functional needs population is served by, among other things, emergency evacuation for individuals who are dependent on public transportation.
This bill would require the emergency plan to also address how the access and functional needs population is served by emergency evacuation of medical equipment. The bill would also require 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, to work with Mutual Aid and Administrative Regions, the Emergency Medical Services Authority (EMSA), and the State Department of Public Health to coordinate the interregional agreements for acquisition of medical equipment. The bill would require EMSA to contract with city and county local emergency medical services agencies to provide prearranged assistance to those cities and counties for planning, organizing, implementing, and maintaining regional emergency medical equipment, subject to the availability of funds appropriated therefor. 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.

Existing law, the California Emergency Services Act, among other things, establishes the Office of Emergency Services and sets forth its powers and duties relating to mitigating the effects of natural, manmade, 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.

This bill would declare the intent of the Legislature to enact legislation that would address the report published in December 2019 by the California State Auditor’s office titled, “California Is Not Adequately Prepared to Protect Its Most Vulnerable Residents from Natural Disasters” and emphasizes the need to ensure that counties have up-to-date plans for key emergency functions to effectively manage response operations.

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 medical equipment and 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 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 work with Mutual Aid and Administrative Regions, the Emergency Medical Services Authority (EMSA), and the State Department of Public Health to coordinate interregional agreements for acquisition of medical equipment. Subject to the availability of funds appropriated therefor, EMSA shall contract with city and county local emergency medical services agencies to provide prearranged assistance to those cities and counties for planning, organizing, implementing, and maintaining regional emergency medical equipment.

(d)

(e) 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)

(f) 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)

(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, 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 address the report published in December 2019 by the California State Auditor’s office titled, “California Is Not Adequately Prepared to Protect Its Most Vulnerable Residents from Natural Disasters” and emphasizes the need to ensure that counties have up-to-date plans for key emergency functions to effectively manage response operations.