Bill Text: CA AB277 | 2023-2024 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Extreme Weather Forecast and Threat Intelligence Integration Center.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed) 2023-09-01 - In committee: Held under submission. [AB277 Detail]

Download: California-2023-AB277-Amended.html

---

Amended  IN  Assembly  April 07, 2023

Amended  IN  Assembly  March 22, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill

No. 277

---

Introduced by Assembly Member Rodriguez

January 23, 2023

---

An act to amend Section 8586.7 of the Government add Section 347.5 to the Water Code, relating to state government.

LEGISLATIVE COUNSEL'S DIGEST

AB 277, as amended, Rodriguez. Extreme Weather Forecast and Threat Intelligence Integration Center.

Existing law, the California Emergency Services Act, establishes, within the office of the Governor, the Office of Emergency Services, under the Director of Emergency Services for the purpose of mitigating the effects of natural, human-made, or war-caused emergencies.

Existing law establishes the Department of Water Resources within the Natural Resources Agency and sets forth its powers and duties relating to water resources. Existing law establishes the Atmospheric Rivers: Research, Mitigation, and Climate Forecasting Program within the department to, upon appropriation of special fund moneys, research climate forecasting and the causes and impacts that climate change has on atmospheric rivers, to operate reservoirs in a manner that improves flood protection in the state, and to reoperate flood control and water storage facilities to capture water generated by atmospheric rivers.

This bill would establish the State-Federal Flood Operations Center within the Department of Water Resources and would authorize the department to administer the center in the department’s divisions, offices, or programs. The bill would provide that the purpose of the center is to function as the focal point for gathering, analyzing, and disseminating flood and water-related information to stakeholders and would authorize the center to take specified actions for that purpose, including to function during emergency situations to enable the department to centrally coordinate statewide emergency responses.

This bill would require the center and the Office of Emergency Services, in consultation with cooperating agencies, to develop and submit a report to the Legislature, as specified, on or before June 1, 2025, that outlines necessary technological advancements for agile forecasting and identifies regions that are and were underserved, gaps in data that would improve flood response, and strategies for improving communication and emergency response to identified regions.

This bill would, upon appropriation by the Legislature, authorize the Office of Emergency Services to expend federal emergency preparedness and hazard mitigation funds to fill any technological, operational, or preparedness gap identified in the report. The bill would make related findings and declarations.

Existing law, the California Emergency Services Act, establishes, within the office of the Governor, the Office of Emergency Services (Cal OES), under the direction of the Director of Emergency Services for the purpose of mitigating the effects of natural, human-made, or war-caused emergencies. Existing law establishes the Department of Forestry and Fire Protection (CAL-FIRE) and establishes various programs for the prevention and reduction of wildfires. Existing law requires Cal OES and CAL-FIRE to jointly establish and lead the Wildfire Forecast and Threat Intelligence Integration Center, and sets forth the functions and duties of the center, including serving as the state’s integrated central organizing hub for wildfire forecasting. Existing law establishes the Department of Water Resources within the Natural Resources Agency and sets forth its powers and duties relating to water resources.

This bill would rename the center as the Wildfire and Extreme Weather Forecast and Threat Intelligence Integration Center and would require the Department of Water Resources, along with Cal OES and CAL-FIRE, to lead the center. The bill would expand the center’s mission to include analyzing atmospheric river data and other threat indicators that could lead to catastrophic floods and to reduce the severity of flood incidents that could endanger the safety of persons, property, and the environment by developing and sharing intelligence products related to atmospheric river weather conditions and potential flood conditions for government decisionmakers. The bill would require the center to serve as the state’s integrated central organizing hub for atmospheric river forecasting and coordinate extreme weather intelligence and data sharing among federal, state, and local agencies, among others, as specified.

Existing law requires that the center be comprised of representatives from specified organizations, including, Cal OES, CAL-FIRE, and a representative of publicly owned utilities and other designated members appointed jointly by the Director of Emergency Services and the Director of Forestry and Fire Protection.

This bill would require that center include representatives from the Department of Water Resources and the Center for Western Weather and Water Extremes, Scripps Institution of Oceanography, University of California, San Diego. The bill would also require that a representative of publicly owned utilities and other designated members be appointed by the Director of Water Resources jointly with the Director of Emergency Services and the Director of Forestry and Fire Protection.

Existing law requires the center to, among other things, develop intelligence products for use by public and private sector entities engaged in wildfire risk mitigation efforts and develop a statewide wildfire forecast and threat intelligence strategy, as provided.

This bill would additionally require the center to develop intelligence products for use by public and private sector entities engaged in flood risk mitigation efforts and an atmospheric river forecast strategy, as provided. The bill would, upon appropriation by the Legislature, authorize Cal OES to use, among other funding sources, the federal Hazard Mitigation Grant Program, to enhance the state’s ability to predict and prepare the state for the local impacts of forecasted fire weather and atmospheric rivers. The bill would also make various findings and declarations in this regard.

Digest Key

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

---

Bill Text

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

SECTION 1.

 The Legislature finds and declares all of the following:

(a) Extreme weather incidents, including excessive heat and atmospheric rivers, pose an urgent threat to lives, property, and resources in California.

(b) The escalating frequency and devastation caused by extreme weather events, including excessive heat and atmospheric rivers, demand heightened levels of coordination, intelligence sharing, and utilization of technologies among agencies and organizations to monitor weather conditions and assess risk in order to protect lives and property from the effects of extreme weather incidents.

(c) Investor-owned utilities and communications providers are likely to experience a greater frequency of disruptions in service due to extreme weather incidents.

(d) The California Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2) authorizes the Governor to take actions to prepare for, respond to, and mitigate the effects of natural or human-caused emergencies that endanger life, property, and the state’s resources, and further authorizes the Office of Emergency Services, established within the Governor’s office, and its director to take actions to coordinate emergency planning, preparedness, and response activities.

SEC. 2.

 Section 347.5 is added to the Water Code, to read:

347.5.

 (a) There is within the Department of Water Resources, the State-Federal Flood Operations Center, which may be administered within the department’s divisions, offices, or programs.

(b) The purpose of the center is to function as the focal point for gathering, analyzing, and disseminating flood and water-related information to stakeholders. To achieve this purpose, the center may do, but is not limited to doing, all of the following:

(1) Function during emergency situations to enable the department to centrally coordinate statewide emergency responses.

(2) Coordinate with the National Weather Service to provide river forecasts based on expected precipitation and reservoir operations.

(3) Declare flood alerts and support those activities in coordination with relevant cooperating agencies and academic partners, including the Atmospheric Rivers: Research, Mitigation, and Climate Forecasting Program.

(4) Provide timely updates on activities relevant to cooperating agencies.

(c) (1) The center and the Office of Emergency Services, in consultation with cooperating agencies, shall develop and submit a report to the Legislature on or before June 1, 2025, that outlines necessary technological advancements for agile forecasting and identifies all of the following:

(A) Regions that are and were underserved.

(B) Gaps in data that would improve flood response.

(C) Strategies for improving communication and emergency response to identified regions.

(2) (A) The requirement for submitting a report imposed under paragraph (1) is inoperative on June 1, 2026, pursuant to Section 10231.5 of the Government Code.

(B) A report submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code.

(d) The Office of Emergency Services may, upon appropriation by the Legislature, expend Federal Emergency Management Agency Preparedness Grant and federal Hazard Mitigation Grant Program funds to fill any technological, operational, or preparedness gap identified in the report.

(e) For the purposes of this section, all of the following definitions apply:

(1) “Center” means the State-Federal Flood Operations Center.

(2) “Cooperating agencies” means federal, state, and local agencies that engage in water and emergency management, including, but not limited to, the United States Bureau of Reclamation, the State Water Project, the Central Valley Flood Protection Board, the Office of Emergency Services, and the Department of Insurance.

(3) “Department” means the Department of Water Resources.

SEC. 2.Section 8586.7 of the Government Code is amended to read:

8586.7.

(a)(1)The office, the Department of Water Resources, and the Department of Forestry and Fire Protection shall jointly establish and lead the Wildfire and Extreme Weather Forecast and Threat Intelligence Integration Center.

(2)The Wildfire and Extreme Weather Forecast and Threat Intelligence Integration Center’s primary mission shall be to collect, assess, and analyze fire and atmospheric river weather data, atmospheric conditions, and other threat indicators that could lead to catastrophic wildfire or floods and to reduce the likelihood and severity of wildfire and flood incidents that could endanger the safety of persons, property, and the environment by developing and sharing intelligence products related to fire weather, fire threat conditions, atmospheric river weather conditions, and potential flood conditions for government decisionmakers.

(3)The Wildfire and Extreme Weather Forecast and Threat Intelligence Integration Center shall serve as the state’s integrated central organizing hub for wildfire forecasting, atmospheric river forecasting, weather information, and threat intelligence gathering, analysis, and dissemination, and shall also coordinate wildfire threat and extreme weather intelligence and data sharing among federal, state, and local agencies, tribal governments, utilities and other service providers, academic institutions, and nongovernmental organizations.

(b)(1)The Wildfire and Extreme Weather Forecast and Threat Intelligence Integration Center shall be comprised of representatives from the following organizations:

(A)The Office of Emergency Services.

(B)The Department of Forestry and Fire Protection.

(C)The Department of Water Resources.

(D)The Public Utilities Commission.

(E)The Military Department.

(F)The University of California.

(G)The California State University.

(H)The California Utilities Emergency Association.

(I)At least one representative of investor-owned utility companies, appointed by the President of the Public Utilities Commission.

(J)The Center for Western Weather and Water Extremes, Scripps Institution of Oceanography, University of California, San Diego.

(K)At least one representative of publicly owned utilities, appointed jointly by the Director of Emergency Services, the Director of Water Resources, and the Director of Forestry and Fire Protection.

(L)Other members as designated jointly by the Director of Emergency Services, the Director of Water Resources, and the Director of Forestry and Fire Protection.

(2)The office and the Department of Forestry and Fire Protection may invite the following organizations to designate representatives to the Wildfire Forecast and Threat Intelligence Integration Center:

(A)The National Weather Service.

(B)The United States Forest Service.

(c)The Wildfire and Extreme Weather Forecast and Threat Intelligence Integration Center shall share intelligence and data relevant to wildfire and flood threat, forecasting, detection, and prevention activities received from utility wildfire, extreme weather and emergency operations centers, partner academic institutions, private companies, and other sources in coordination with all of the following:

(1)The Northern California Geographic Area Coordination Center and the Southern California Geographic Area Coordination Center, inclusive of the Department of Forestry and Fire Protection’s predictive services unit.

(2)The California Wildland Fire Coordinating Group.

(3)The National Weather Service.

(4)The State Operations Center within the office, for the purpose of sharing relevant emergency preparedness information for state and local emergency management partners.

(5)The California State Warning Center within the office.

(d)The Wildfire and Extreme Weather Forecast and Threat Intelligence Integration Center shall do all of the following:

(1)Provide intelligence and data in compliance with National Fire Danger Rating System standards and guidelines about wildfire threats to government agencies and designated alerting authorities, as that term is defined in paragraph (1) of subdivision (g) of Section 8594.16.

(2)Develop intelligence products for use by public and private sector entities engaged in wildfire and flood risk mitigation efforts.

(e)The Wildfire and Extreme Weather Forecast and Threat Intelligence Integration Center shall develop a statewide wildfire and atmospheric river forecast and threat intelligence strategy to improve how wildfire and flood threats are identified, understood, and shared in order to reduce threats to California government, businesses, and consumers. The strategy shall strengthen wildfire and flood emergency preparedness and response, standardize the implementation of environmental monitoring and assessment, enhance forecasting and detection capabilities, maximize the use of science and technology, and expand public knowledge and awareness of wildfire and flood risks.

(f)The Wildfire and Extreme Weather Forecast and Threat Intelligence Integration Center shall be a signatory to the interagency California Fire Weather Annual Operating Plan.

(g)Information sharing by the Wildfire and Extreme Weather Forecast and Threat Intelligence Integration Center shall be conducted in a manner that protects and safeguards sensitive information, preserves business confidentiality, and enables public officials to detect, investigate, respond to, prevent, and recover from catastrophic wildfires that threaten public health and safety and economic stability.

(h)Upon appropriation by the Legislature, the office may use, among other funding sources, the federal Hazard Mitigation Grant Program, to enhance the state’s ability to predict and prepare the state for the local impacts of forecasted fire weather and atmospheric rivers.