BILL NUMBER: SB 438 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 30, 2016
AMENDED IN ASSEMBLY JUNE 14, 2016
AMENDED IN ASSEMBLY MARCH 2, 2016
AMENDED IN ASSEMBLY FEBRUARY 22, 2016
AMENDED IN ASSEMBLY SEPTEMBER 3, 2015
AMENDED IN ASSEMBLY JUNE 29, 2015
AMENDED IN ASSEMBLY JUNE 3, 2015
AMENDED IN SENATE APRIL 6, 2015
INTRODUCED BY Senators Hill and Hertzberg
(Principal coauthor: Assembly Member Gray)
(Coauthors: Senators Allen, Anderson, Beall, and Cannella)
(Coauthors: Assembly Members Dodd, Gatto, Hadley, Kim, Mullin,
Rodriguez, and Wilk)
FEBRUARY 25, 2015
An act to amend Section 8587.8 of, and to add Sections 8587.11 and
8587.12 to, the Government Code, relating to earthquake
safety, and making an appropriation therefor. safety.
LEGISLATIVE COUNSEL'S DIGEST
SB 438, as amended, Hill. Earthquake safety: statewide earthquake
early warning program and system.
(1) The California Emergency Services Act requires the Office of
Emergency Services, among other things, to develop in collaboration
with specified entities a comprehensive statewide earthquake early
warning system in California through a public-private partnership, as
specified. Existing law requires the office 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. Under the act, the requirement that the office
develop the system is not operative until funding is identified, and
is repealed if funding is not identified by July 1, 2016. The act
establishes the California Earthquake Safety Fund in the State
Treasury to be used, upon appropriation by the Legislature, for
seismic safety and earthquake-related programs, including the
statewide earthquake early warning system.
This bill would discontinue the requirement that the funding
sources for the system exclude the General Fund and be limited to
federal funds, funds from revenue bonds, local funds, and funds from
private sources. The bill would delete the provisions providing for
the repeal and the contingent operation of the requirement that the
office develop the system. The bill would appropriate
$23,100,000 from the General Fund to the office for the purpose of
implementing the system, thereby making an appropriation.
This bill would establish, within the office, the California
Earthquake Early Warning Program and the California Earthquake Early
Warning Advisory Board to support the development of the statewide
earthquake early warning system, as specified. The bill would require
the board to include 7 voting members, as specified, and the
Chancellor of the California State University, or his or her
designee, who would serve as a nonvoting member. The bill would
authorize the President of the University of California, or his or
her designee, to serve as an additional nonvoting member of the
board. The bill would require all members to serve without
compensation, but would require reimbursement for actual and
reasonable travel and meal expenses to attend board meetings. The
bill would require the board to comply with existing state open
meeting and public record disclosure laws and would prohibit the
disclosure of any information in a public record that is a trade
secret, as defined, of a private entity cooperating with the board or
participating in the statewide earthquake early warning system or
the program. The bill would make legislative findings in support of
its provisions.
(2) Existing constitutional provisions require that a statute that
limits the right of access to the meetings of public bodies or the
writings of public officials and agencies be adopted with findings
demonstrating the interest protected by the limitation and the need
for protecting that interest.
This bill would make legislative findings to that effect.
Vote: 2/3 majority . Appropriation:
yes no . Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all of the
following:
(a) Effective and sustainable implementation of a statewide
earthquake early warning system, as funded through the California
Earthquake Safety Fund, requires a governance structure that
coordinates the multiple entities involved in establishing and
operating the different functional areas of the system, including,
but not limited to, system operations, research and development,
finance and investment, and training and education.
(b) Each of the functional areas necessary for a statewide
earthquake early warning system consists of designated working groups
that include subject matter experts and stakeholders in the public
and private sectors.
(c) The California Earthquake Early Warning Advisory Board is
intended to advise the Director of Emergency Services on
implementation of the earthquake early warning program.
SEC. 2. Section 8587.8 of the Government Code is amended to read:
8587.8. (a) The Office of Emergency Services, in collaboration
with the California Institute of Technology (Caltech), the California
Geological Survey, the University of California, the United States
Geological Survey, the Alfred E. Alquist Seismic Safety Commission,
and other stakeholders, shall develop a comprehensive statewide
earthquake early warning system in California through a
public-private partnership, which shall include, but not be limited
to, the following features:
(1) Installation of field sensors.
(2) Improvement of field telemetry.
(3) Construction and testing of central processing and
notification centers.
(4) Establishment of warning notification distribution paths to
the public.
(5) Integration of earthquake early warning education with general
earthquake preparedness efforts.
(b) In consultation with stakeholders, the Office of Emergency
Services shall develop an approval mechanism to review compliance
with earthquake early warning standards as they are developed. The
development of the approval mechanism shall include input from a
broad representation of earthquake early warning stakeholders. The
approval mechanism shall accomplish all of the following:
(1) Ensure the standards are appropriate.
(2) Determine the degree to which the standards apply to providers
and components of the system.
(3) Determine methods to ensure compliance with the standards.
(4) Determine requirements for participation in the system.
(c) The Office of Emergency Services shall identify funding for
the system described in subdivision (a) through single or multiple
sources of revenue.
SEC. 3. Section 8587.11 is added to the Government Code, to read:
8587.11. (a) There is in state government, within the office,
both of the following:
(1) The California Earthquake Early Warning Program.
(2) The California Earthquake Early Warning Advisory Board.
(b) The following definitions apply to this section and Section
8587.12:
(1) "Board" means the California Earthquake Early Warning Advisory
Board.
(2) "Program" means the California Earthquake Early Warning
Program.
(3) "System" means the statewide earthquake early warning system.
(c) (1) The board shall be composed of the following eight
members:
(A) Seven voting members, as follows:
(i) The Secretary of the Natural Resources Agency, or his or her
designee.
(ii) The Secretary of California Health and Human Services, or his
or her designee.
(iii) The Secretary of Transportation, or his or her designee.
(iv) The Secretary of Business, Consumer Services, and Housing, or
his or her designee.
(v) One member who is appointed by, and serves at the pleasure of,
the Speaker of the Assembly and represents the interests of private
businesses.
(vi) One member who is appointed by, and serves at the pleasure
of, the Governor and represents the utilities industry.
(vii) One member appointed by who is
appointed by, and serves at the pleasure of, the Senate
Committee on Rules representing county government whose term
of office shall be four years to run with the officer or incumbent.
The Senate Committee on Rules shall appoint, on an alternating basis,
a member who resides in northern or southern California.
and represents county government.
(B) The Chancellor of the California State University, or his or
her designee, shall serve as a nonvoting member of the board.
(2) The President of the University of California, or his or her
designee, may serve as a nonvoting member of the board.
(3) The members of the board shall serve without compensation, but
shall be reimbursed for actual and reasonable travel and meal
expenses to attend board meetings.
(d) (1) The board shall convene periodically and advise the
director on all aspects of the program, including, but not limited
to, the following functional areas of the program:
(A) System operations.
(B) Research and development.
(C) Finance and investment.
(D) Training and education.
(2) The board shall utilize committees, groups, and organizations,
including, but not limited to, the California Institute of
Technology, the California Geological Survey, the University of
California, the United States Geological Survey, and entities
participating in the critical infrastructure sectors to fulfill the
objectives of the program by supporting the functional areas of the
system.
(3) The board shall inform the public regarding, and provide the
public with the opportunity to engage the board on, the development
and implementation of the system.
(4) The board shall consult with program participants, state
agencies, departments, boards and commissions, private businesses,
postsecondary educational institutions, and subject matter experts,
as necessary, to advise the board on the development, implementation,
and maintenance of the system.
(e) (1) Except as otherwise provided by law, the California
Integrated Seismic Network shall be responsible for the generation of
an earthquake early warning alert and related system operations.
(2) The board shall, in conjunction with the director, determine
the appropriate methods to provide the public with an earthquake
early warning alert.
(f) (1) The board shall comply with the Bagley-Keene Open Meeting
Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1
of Division 3) and the California Public Records Act (Chapter 3.5
(commencing with Section 6250) of Division 7 of Title 1).
(2) Notwithstanding any law, including, but not limited to, the
California Public Records Act (Chapter 3.5 (commencing with Section
6250) of Division 7 of Title 1), any information in a public record
that is a trade secret, as that term is defined in Section 3426.1 of
the Civil Code, of a private entity cooperating with the board or
participating in the system or with the program is confidential and
shall not be disclosed.
SEC. 4. Section 8587.12 is added to the Government Code, to read:
8587.12. (a) On or before February 1, 2018, the office, in
consultation with the board, shall develop and submit a business plan
for the program to the Senate Committee on Governmental
Organization, the Assembly Committee on Governmental Organization,
the Senate Budget and Fiscal Review Committee, the Assembly Committee
on Budget, and the Legislative Analyst's Office. The business plan
shall include, but not be limited to, all of the following elements:
(1) The funding plan for the program and the estimated costs
associated with the program. The funding plan shall include, but not
be limited to, all of the following:
(A) Specific cost estimates for each component of the program,
including, but not limited to, education and outreach costs, staff
costs, and the capital costs, operation costs, and maintenance costs
of the system.
(B) Identification of specific sources of funding, including, but
not limited to, federal funds, funds from revenue bonds, local funds,
general funds, special funds, funds from private sources, and
funding from any written agreements with public or private entities
to fund components of the program.
(2) The expected roles and responsibilities of various program
participants, including, but not limited to, private sector partners
and local emergency personnel.
(3) The expected time schedule for completing the system and when
it can start to provide alerts.
(4) A discussion of all reasonably foreseeable risks the program
may encounter, including, but not limited to, risks associated with
the program's finances, the reliability of the system, access to land
for sensor placement, and changes in technology, The plan shall
describe the office's strategies, processes, or other actions it
intends to utilize to manage those risks.
(b) On or before February 1, 2019, and annually thereafter, the
office shall report to the Legislature any changes to the business
plan from the prior year and shall provide a general report on
progress of the program and the implementation of the system. The
report shall include, but not be limited to, all of the following:
(1) Overall progress of the implementation of the system.
(2) Update on funding acquired and expended.
(3) Update on contracts and requests for proposals.
(4) A summary of recommendations made by the board to the office.
SEC. 5. The Legislature finds and declares that Section 3 of this
act, which adds Section 8587.11 to the Government Code, imposes a
limitation on the public's right of access to the meetings of public
bodies or the writings of public officials and agencies within the
meaning of Section 3 of Article I of the California Constitution.
Pursuant to that constitutional provision, the Legislature makes the
following findings to demonstrate the interest protected by this
limitation and the need for protecting that interest:
The development and implementation of the California Earthquake
Early Warning System will help mitigate the loss of lives and
property due to an earthquake. The need to protect the proprietary
rights of owners of trade secrets relating to systems or products
that may be incorporated into the California Earthquake Early Warning
System and used within the California Earthquake Early Warning
Program and the need to encourage the participation of those owners
in the development and implementation of that system and program
outweigh publicly disclosing those trade secrets.
SEC. 6. The sum of twenty-three million one
hundred thousand dollars ($23,100,000) is hereby appropriated from
the General Fund to the Office of Emergency Services for the purpose
of implementing a comprehensive statewide earthquake early warning
system pursuant to Section 8587.8 of the Government Code.