BILL ANALYSIS                                                                                                                                                                                                    



          SENATE COMMITTEE ON GOVERNMENTAL ORGANIZATION
                              Senator Isadore Hall, III
                                        Chair
                                2015 - 2016  Regular 

          Bill No:           AB 1346          Hearing Date:    6/14/2016
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          |Author:    |Gray                                                 |
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          |Version:   |5/31/2016    Amended                                 |
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          |Urgency:   |Yes                    |Fiscal:      |Yes             |
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          |Consultant:|Felipe Lopez                                         |
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          SUBJECT: Office of Emergency Services:  State Emergency Plan and  
          statewide earthquake early warning system


            DIGEST:    This bill discontinues the requirements that the  
          funding sources for the earthquake early warning system in  
          California exclude the General Fund. Additionally, the bill  
          requires the Office of Emergency Services (OES) to update the  
          State Emergency Plan (SEP) on or before January 1, 2018, and  
          every five years thereafter. 

          ANALYSIS:
          
          Existing law:
          
          1)Requires the Governor to coordinate the SEP and any programs  
            necessary for the mitigation of the effects of an emergency in  
            this state, as specified.

          2)Requires OES to update the SEP, on or before July 31, 2015, to  
            include proposed best practices for local governments and  
            nongovernmental entities to use to mobilize and evacuate  
            people with disabilities and others with access and functional  
            needs, during an emergency or natural disaster. 

          3)Requires OES, in collaboration with specified entities, to  
            develop a comprehensive statewide earthquake early warning  
            system in California through a public-private partnership, as  
            specified.







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          4)Requires OES to identify funding for the system through single  
            or multiple sources of revenue, and requires those sources to  
            exclude the General Fund and to be limited to federal funds,  
            funds from revenue bonds, local funds, and funds from private  
            sources.

          5)Specifies that the requirement that OES develop the earthquake  
            early warning system is not operative until funding is  
            identified, and is repealed if funding is not identified by  
            July 1, 2016. 

          This bill:

          1)Discontinues the requirement that the funding sources for the  
            earthquake early warning system exclude the General Fund and  
            be limited to federal funds, funds from revenue bonds, local  
            funds, and funds from private sources.

          2)Deletes the provisions providing for the repeal and the  
            contingent operation of the requirement that OES develop the  
            earthquake early warning system.

          3)Requires OES to update the SEP on or before January 1, 2018,  
            and five years thereafter.

          4)Requires the SEP to be consistent with the following state  
            climate adaption strategies:

             a)   The Safeguarding California Plan published by the  
               Natural Resources Agency.
             b)   The California Climate Adaption Planning Guide published  
               by the Natural Resources Agency and the Office of Emergency  
               Services.
             c)   To the extent applicable, the Internet Web site  
               cal-adapt.org published by the State Energy Resources  
               Conservation and Development Commission.

          Background

          Purpose of the bill.  According to the author, "in 2013, SB 135  
          (Padilla) was enacted to require OES to develop a comprehensive  
          statewide earthquake early warning system.  The law prohibits  
          the use of General Funds and requires the funding to come from  
          public-private partnerships.  Unfortunately, those partnerships  








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          and funding have yet to materialize.  Funding a statewide  
          earthquake early warning system to help save lives and protect  
          the public before temblors strike is essential to public safety  
          and merits the use of public funds."

          As part of the Fiscal Year 2016-17 budget, Governor Brown has  
          proposed a $10 million allocation for an earthquake early  
          warning system in California.  However, because current law  
          prohibits the use of General Funds, this bill is needed to allow  
          the $10 million to be allocated. 

          How do Earthquake Early Warning Systems Work.  While earthquakes  
          cannot be predicted or prevented, using advanced science and  
          technology has in the past detected seismic activity and  
          provided advanced warning.  The objective of earthquake early  
          warning systems is to rapidly detect the occurrence of an  
          earthquake, estimate the level of ground shaking to be expected,  
          issue a warning before significant ground shaking begins, and  
          estimate the location and the magnitude of the earthquake.  This  
          is not the same as earthquake prediction, which currently is not  
          possible. 

          When an earthquake occurs, the earthquake produces different  
          types of shock waves, which travel at different speeds.  The  
          fastest and weakest of these waves are called P-waves.  
          Technology exists that can detect the energy from P-waves to  
          estimate the location and the magnitude of the earthquake. This  
          method can provide warning before the more destructive S-wave  
          arrives. The S-wave is responsible for most of the strong  
          shaking that usually creates the most damage during earthquakes.

          The amount of warning time at a particular location depends on  
          the distance from the earthquake epicenter.  Locations very  
          close to the earthquake epicenter will receive relatively little  
          or no warning whereas locations far removed from the earthquake  
          epicenter would receive more warning time but may not experience  
          damaging shaking.  

          Studies on earthquake early warning methods in California  
          concluded that the warning time would range from a few seconds  
          to a few tens of seconds, depending on the distance from the  
          earthquake epicenter.  However, very large earthquakes emanating  
          from the San Andreas Fault could produce significantly more  
          warning time because the affected area would be much larger.









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          Regardless of the warning time, earthquake early warning systems  
          can provide adequate time to slow down and stop trains, stop  
          cars from entering tunnels, automatically shut down dangerous  
          machinery, and countless other benefits.  Taking such actions  
          before an earthquake arrives can reduce damage and casualties  
          during and after an earthquake.   

          Earthquake early warning systems are currently in place in Japan  
          and Mexico and many other countries throughout the world are  
          currently in the process of developing such systems.

          Overview of SB 135.  In 2013 the California Legislature passed  
          and the Governor signed SB 135 (Chapter 342, Statutes of 2013),  
          which requires OES in collaboration with various entities, to  
          develop a comprehensive statewide earthquake early warning  
          system in California.  The bill further requires OES to identify  
          funding for the system but specifically prohibits General Fund  
          money to be used.  SB 135 also specifies that if funding is not  
          identified by January 1, 2016, the provisions of the bill will  
          be repealed.  A later bill, SB 494 (Chapter 799, Statues of  
          2015), delayed this dateline to July 1, 2016.  
           
          OES is currently in the process of identifying funding for the  
          project and has set up a working group composed of the United  
          State Geological Survey, the California Geological Survey,  
          California Seismic Safety Commission, UC Berkeley Seismological  
          Laboratory, California Institute of Technology as well as other  
          interest groups to establish best practices for an earthquake  
          early warning system in California.  

          The California Geological Survey (CGS) estimates its costs  
          associated with developing the system would be approximately $23  
          million in the first year and approximately $16 million annually  
          thereafter.  These costs include realigning CGS' ground  
          stations, purchasing additional instrumentation, upgrading  
          existing instrumentation and communications networks, and  
          staffing the system 24 hours a day, seven days a week. 

          State Emergency Plan.  The SEP addresses the state's response to  
          extraordinary emergency situations associated with natural  
          disasters or human-caused emergencies.  In accordance with the  
          California Emergency Services Act, the plan describes the  
          methods for carrying out emergency operations, the process for  
          rendering mutual aid, the emergency services of governmental  
          agencies, how resources are mobilized, how the public will be  








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          informed and the process to ensure continuity of government  
          during and emergency or disaster.

          The SEP is a management document intended to be read and  
          understood before an emergency occurs.  It is designed to  
          outline the activities of all California jurisdictions within a  
          statewide emergency management system and embraces the  
          capabilities and resources in the broader emergency management  
          community that includes individuals, businesses,  
          non-governmental organizations, tribal governments, other  
          states, federal government and international assistance. 

          Prior/Related Legislation
          
          SB 494 (Hill, Chapter 799, Statues of 2015) created the  
          California Earthquake Safety Fund to be used for seismic safety  
          and earthquake-related programs, including the earthquake early  
          warning system and requires the identification of funding of the  
          earthquake early warning system to occur by July 1, 2016.

          AB 918 (Cooley, Chapter 187, Statutes of 2013) required OES, on  
          or before July 1, 2015, to update the SEP to include proposed  
          best practices for local governments and nongovernmental  
          entities to use to mobilize and evacuate people with  
          disabilities and others with access and functional needs during  
          an emergency or natural disaster. 

          SB 31 (Padilla Chapter 342, Statutes of 2013) required OES, in  
          collaboration with various entities, to develop a comprehensive  
          statewide earthquake early warning system in California. 

          AB 928 (Blakeslee, 2009) would have required the High-Speed Rail  
          Authority to develop an earthquake early warning system and  
          coordinate development of that system with various state  
          agencies.  (Held in Assembly Governmental Organization  
          Committee)

          FISCAL EFFECT:                 Appropriation:  No    Fiscal  
          Com.:             Yes          Local:          No


            SUPPORT:  

          American Red Cross
          California Fire Chiefs Association








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          California State Firefighters' Association
          City of Los Angeles
          Computing Technology Industry Association
          Fire Districts Association of California
          San Francisco Bay Area Rapid Transit District
          Silicon Valley Leadership Group

          OPPOSITION:

          None received

          ARGUMENTS IN SUPPORT:    According to the American Red Cross,  
          "an earthquake early warning system is crucial in California, as  
          it is the second most seismologically active state, where a  
          large portion of the annual national monetary losses resulting  
          from earthquakes occur.  Funding is needed to install the  
          necessary seismic sensors, employ the telecommunications  
          technology, and to implement the system in an efficient, working  
          manner"