Bill Text: CA SB990 | 2023-2024 | Regular Session | Chaptered
Bill Title: Office of Emergency Services: State Emergency Plan: LGBTQ+ individuals.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Passed) 2024-09-20 - Chaptered by Secretary of State. Chapter 322, Statutes of 2024. [SB990 Detail]
Download: California-2023-SB990-Chaptered.html
Senate Bill
No. 990
CHAPTER 322
An act to amend Section 8570.4 of the Government Code, relating to state government.
[
Approved by
Governor
September 20, 2024.
Filed with
Secretary of State
September 20, 2024.
]
LEGISLATIVE COUNSEL'S DIGEST
SB 990, Padilla.
Office of Emergency Services: State Emergency Plan: LGBTQ+ individuals.
Under existing law, the California Emergency Services Act, the State Emergency Plan is the official document approved by the Governor that describes the principles and methods to be applied in carrying out emergency operations or rendering mutual aid during emergencies, and includes elements addressing continuity of government, the emergency services of governmental agencies, mobilization of resources, mutual aid, and public information. Existing law makes the State Emergency Plan effective in each political subdivision of the state, and requires the governing body of each political subdivision to take necessary actions to carry out its provisions. Existing law requires the Governor to coordinate the State Emergency Plan and those programs necessary for the mitigation of the effects of an emergency in this state and to coordinate the preparation of plans and programs for the mitigation of
the effects of an emergency by the political subdivisions of this state, which are to be integrated into and coordinated with the State Emergency Plan and the plans and programs of the federal government and of other states to the fullest possible extent.
Existing law establishes the Office of Emergency Services within the office of the Governor and requires the office to be responsible for the state’s emergency and disaster response services for natural, technological, or manmade disasters and emergencies, including responsibility for activities necessary to prevent, respond to, recover from, and mitigate the effects of emergencies and disasters to people and property. Existing law requires the office to update the State Emergency Plan on or before January 1, 2019, and every 5 years thereafter, and, when updating the plan, to coordinate with specified representatives from the access and functional needs population regarding the integration of access and functional
needs into the State Emergency Plan. Existing law also requires the office, on or before July 31, 2015, to update the State Emergency Plan 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.
This bill would require the office, as soon as possible, but no later than January 1, 2029, and every 5 years thereafter, to update the State Emergency Plan to include proposed policies and best practices for local government and nongovernmental entities to equitably serve
lesbian, gay, bisexual, transgender, queer, questioning, and plus (LGBTQ+) communities during an emergency or natural disaster. The bill would require the office to coordinate with specified representatives from LGBTQ+ communities in complying with this requirement and would make related findings and declarations.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
The Legislature finds and declares all of the following:(a) Disasters will become increasingly prevalent and intense as climate change progresses.
(b) LGBTQ+ people are disproportionately affected by disasters, both because of preexisting systemic discrimination and discriminatory disaster response policies.
(c) According to 2022–2023 data from the United States Census Household Pulse Survey,
2.4 percent of LGBTQ+ people in California were displaced due to a disaster in comparison to 1.4 percent of cisgender, heterosexual individuals.
(d) Data indicates that LGBTQ+ people in California face worse displacement conditions compared to cisgender, heterosexual individuals, including food and water insecurity, unsanitary conditions, and higher levels of permanent displacement.
(e) LGBTQ+ communities are overrepresented in at-risk populations, including unhoused people, low-income people, and people with chronic illnesses, for whom disasters are more likely to bring death, displacement, and other negative health and socioeconomic impacts.
(f) The marginalization experienced by LGBTQ+ communities can be further exacerbated during a disaster, including transgender people being denied access to shelters that correspond with their gender identities or LGBTQ+ people experiencing disproportionate rates of homelessness after displacement.
(g) Bias in disaster response programs, failure to recognize unique LGBTQ+ family structures, barriers to obtaining proper identification, and anti-LGBTQ+ practices in some disaster relief services provided by faith-based organizations all compound to heighten the risks that LGBTQ+ communities face during a disaster.
(h) Despite recent efforts to consider LGBTQ+ communities in disaster preparedness reports, state and federal agencies continue to lack a clear strategy on how to integrate LGBTQ+ people into disaster
preparedness, planning, and emergency response.
(i) It is imperative that disaster and emergency response entities update policies and guidance materials to ensure that LGBTQ+ people are able to access affirming services and resources before, during, and after a disaster or emergency.
SEC. 2.
Section 8570.4 of the Government Code is amended to read:8570.4.
(a) The Office of Emergency Services shall update the State Emergency Plan on or before January 1, 2019, and every five years thereafter.(b) (1) The office shall, when complying with subdivision (a), coordinate with representatives, including, but not limited to, social service agencies, nonprofit organizations, and transportation providers, from the access and functional needs population regarding the integration of access and functional needs into the State Emergency Plan.
(2) As used in this subdivision, “access and functional needs population” has the same meaning as described in Section 8593.3.
(c) (1) As soon as possible, but no later than January 1, 2029, and every five years thereafter, the office shall update the State Emergency Plan to include proposed policies and best practices for local government and nongovernmental entities to equitably serve lesbian, gay, bisexual, transgender, queer, questioning, and plus (LGBTQ+) communities during an emergency or natural disaster.
(2) In complying with this subdivision, the office shall coordinate with representatives, including, but not limited to, social service
agencies, nonprofit organizations, advocates, and researchers, from LGBTQ+ communities regarding the integration of LGBTQ+ communities into the State Emergency Plan.
