State Codes and Statutes

Statutes > California > Gov > 8585-8589.7

GOVERNMENT CODE
SECTION 8585-8589.7



8585.  (a) (1) There is in state government, the California
Emergency Management Agency. The California Emergency Management
Agency shall be under the supervision of the Secretary of the
Emergency Management Agency, who shall have all rights and powers of
a head of an agency as provided by this code, and shall be referred
to as the Secretary of Emergency Management.
   (2) Unless the context clearly requires otherwise, whenever the
term "Office of Emergency Services" appears in any statute,
regulation, or contract, it shall be construed to refer to the
California Emergency Management Agency, and whenever the term
"Director of Emergency Services" or the "Director of the Office of
Emergency Services" appears in statute, regulation, or contract, it
shall be construed to refer to the Secretary of Emergency Management.
   (3) Unless the context clearly requires otherwise, whenever the
term "Director of Homeland Security" or "Office of Homeland Security"
appears in any statute, regulation, or contract, it shall be
construed to refer to the California Emergency Management Agency, and
whenever the term "Director of Homeland Security" or "Director of
the Office of Homeland Security" appears in any statute, regulation,
or contract, it shall be construed to refer to the Secretary of
Emergency Management.
   (b) (1) The California Emergency Management Agency and the
Secretary of Emergency Management succeed to and are vested with all
the duties, powers, purposes, responsibilities, and jurisdiction
vested in the Office of Emergency Services and the Director of the
Office of Emergency Services, respectively.
   (2) The California Emergency Management Agency and the Secretary
of Emergency Management succeed to and are vested with all the
duties, powers, purposes, responsibilities, and jurisdiction vested
in the Office of Homeland Security and the Director of Homeland
Security, respectively.
   (c) The California Emergency Management Agency shall be considered
a law enforcement organization as required for receipt of criminal
intelligence information pursuant to subdivision (f) of Section 6254
of the Government Code by persons employed within the agency whose
duties and responsibilities require the authority to access criminal
intelligence information.
   (d) Persons employed by the California Emergency Management Agency
whose duties and responsibilities require the authority to access
criminal intelligence information shall be furnished state summary
criminal history information as described in Section 11105 of the
Penal Code, if needed in the course of their duties.
   (e) The California Emergency Management Agency shall 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.
   (f) Notwithstanding any other provision of law, nothing in this
section shall authorize an employee of the California Emergency
Management Agency to access criminal intelligence information under
subdivision (c) or (d) for the purpose of determining eligibility
for, or providing access to, disaster-related assistance and
services.



8585.05.  Unless the context otherwise requires, for purpose of this
article, the following definitions apply:
   (a) "Agency" means the California Emergency Management Agency.
   (b) "Secretary" means the Secretary of Emergency Management.




8585.1.  (a) The secretary shall be appointed by, and hold office at
the pleasure of, the Governor. The appointment of the secretary is
subject to confirmation by the Senate. The secretary shall coordinate
all state disaster response, emergency planning, emergency
preparedness, disaster recovery, disaster mitigation, and homeland
security activities.
   (b) The secretary shall receive an annual salary as set forth in
Section 11550.
   (c) The Governor may appoint an undersecretary of the agency. The
undersecretary shall hold office at the pleasure of the Governor.
   (d) All positions exempt from civil service that existed in the
predecessor agencies shall be transferred to the agency.
   (e) Neither state nor federal funds may be expended to pay the
salary or benefits of any deputy or employee who may be appointed by
the secretary or undersecretary pursuant to Section 4 of Article VII
of the California Constitution.



8585.2.  (a) All employees serving in state civil service, other
than temporary employees, who are engaged in the performance of
functions transferred to the agency or engaged in the administration
of law, the administration of which is transferred to the agency, are
transferred to the agency. The status, positions, and rights of
those persons shall not be affected by their transfer and shall
continue to be retained by them pursuant to the State Civil Service
Act (Part 2 (commencing with Section 18500) of Division 5), except as
to positions the duties of which are vested in a position exempt
from civil service. The personnel records of all transferred
employees shall be transferred to the agency.
   (b) The property of any agency or department related to functions
transferred to the California Emergency Management Agency is
transferred to the agency. If any doubt arises as to where that
property is transferred, the Department of General Services shall
determine where the property is transferred.
   (c) All unexpended balances of appropriations and other funds
available for use in connection with any function or the
administration of any law transferred to the agency shall be
transferred to the agency for use for the purpose for which the
appropriation was originally made or the funds were originally
available. If there is any doubt as to where those balances and funds
are transferred, the Department of Finance shall determine where the
balances and funds are transferred.
   (d) Beginning July 1, 2011, and biennially thereafter, the
California Emergency Management Agency shall submit a report to the
Legislature as described in this subdivision. The California
Emergency Management Agency may consult with other public safety
agencies, including the California Emergency Council, in the
development of this report. The report shall include information on
all of the following:
   (1) Agency progress in all of its primary program areas.
   (2) Agency allocation of grants to local agencies and nonprofit
organizations.
   (3) Any identified gaps in program progress or efficiency.
   (4) Agency strategy for program improvements, investments, and
goals for the next two years.



8585.5.  The agency shall establish by rule and regulation various
classes of disaster service workers and the scope of the duties of
each class. The agency shall also adopt rules and regulations
prescribing the manner in which disaster service workers of each
class are to be registered. All of the rules and regulations shall be
designed to facilitate the payment of workers' compensation.



8585.7.  The agency may certify the accredited status of local
disaster councils, subject to the requirements of Section 8612.



8586.  The Governor shall assign all or part of his or her powers
and duties under this chapter to the California Emergency Management
Agency.


8587.  (a) During a state of war emergency, a state of emergency, or
a local emergency, the secretary shall coordinate the emergency
activities of all state agencies in connection with that emergency,
and every state agency and officer shall cooperate with the secretary
in rendering all possible assistance in carrying out the provisions
of this chapter.
   (b) In addition to the powers designated in this section, the
Governor may delegate any of the powers vested in him or her under
this chapter to the secretary except the power to make, amend, and
rescind orders and regulations, and the power to proclaim a state of
emergency.


8587.5.  (a) The Department of Transportation shall, in cooperation
with interested cities with Traffic Signal Override Systems, apply to
the United States Secretary of Transportation for federal funding to
conduct a research program in one or more cities to test the
effectiveness of the installation of signal emitters and sensors in
emergency response vehicles in reducing accidents and injuries.
   (b) The project shall study the reduction in accidents and
injuries involving emergency response vehicles in the program areas,
shall, if possible, assess any reduction in response times by
emergency response vehicles in the program areas, and may study other
valuable data as deemed appropriate.
   (c) The application shall seek full federal funding for the
project, including the evaluation component. If the United States
Secretary of Transportation requires a nonfederal share of funding,
the participating local governments shall pay this share equally.
   (d) The department shall apply for federal funding within six
months of the effective date of this section unless good cause exists
to apply later or not to apply.
   (e) Within six months after the study has been completed, the
department shall submit a written report of its findings to the
Senate Committee on Budget and Fiscal Review, the Senate Committee on
Transportation, the Assembly Committee on Budget, and the Assembly
Committee on Transportation.


8587.7.  (a) The California Emergency Management Agency, in
cooperation with the State Department of Education, the Department of
General Services, and the Seismic Safety Commission, shall develop
an educational pamphlet for use by grades Kindergarten to 14
personnel to identify and mitigate the risks posed by nonstructural
earthquake hazards.
   (b) The agency shall print and distribute the pamphlet to the
governing board of each school district and community college
district in the state, along with a copy of the current edition of
the agency's school emergency response publication. The agency shall
also make the pamphlet or the current edition of the agency's school
emergency response publication available to a private elementary or
secondary school upon request.
   (c) The agency, as soon as feasible, shall make the pamphlet and
the current edition of the agency's school emergency response
publication available by electronic means, including, but not limited
to, the Internet.



8588.  Whenever conditions exist within any region or regions of the
state which warrant the proclamation by the Governor of a state of
emergency and the Governor has not acted under the provisions of
Section 8625, by reason of the fact that the Governor has been
inaccessible, the secretary may proclaim the existence of a state of
emergency in the name of the Governor as to any region or regions of
the state. Whenever the secretary has so proclaimed a state of
emergency, that action shall be ratified by the Governor as soon as
the Governor becomes accessible, and in the event the Governor does
not ratify the action, the Governor shall immediately terminate the
state of emergency as proclaimed by the secretary.




8588.1.  (a) The Legislature finds and declares that this state can
only truly be prepared for the next disaster if the public and
private sector collaborate.
   (b) The agency may, as appropriate, include private businesses and
nonprofit organizations within its responsibilities to prepare the
state for disasters under this chapter. All participation by
businesses and nonprofit associations in this program shall be
voluntary.
   (c) The agency may do any of the following:
   (1) Provide guidance to business and nonprofit organizations
representing business interests on how to integrate private sector
emergency preparedness measures into governmental disaster planning
programs.
   (2) Conduct outreach programs to encourage business to work with
governments and community associations to better prepare the
community and their employees to survive and recover from disasters.
   (3) Develop systems so that government, businesses, and employees
can exchange information during disasters to protect themselves and
their families.
   (4) Develop programs so that businesses and government can work
cooperatively to advance technology that will protect the public
during disasters.
   (d) The agency may share facilities and systems for the purposes
of subdivision (b) with the private sector to the extent the costs
for their use are reimbursed by the private sector.
   (e) Proprietary information or information protected by state or
federal privacy laws shall not be disclosed under this program.
   (f) Notwithstanding Section 11005, donations and private grants
may be accepted by the agency and shall not be subject to Section
11005.
   (g) The Disaster Resistant Communities Fund is hereby created in
the State Treasury. Upon appropriation by the Legislature, the
secretary may expend the money in the account for the costs
associated within this section.
   (h) This section shall be implemented only to the extent that
in-kind contributions or donations are received from the private
sector, or grant funds are received from the federal government, for
these purposes.



8588.2.  (a) The agency may establish a statewide registry of
private businesses and nonprofit organizations that are interested in
donating services, goods, labor, equipment, resources, or
dispensaries or other facilities to further the purposes of Section
8588.1.
   (b) If the agency establishes a statewide registry pursuant to
subdivision (a), the agency shall create and implement protocols and
procedures for inclusion onto the statewide registry that do, but are
not limited to, all of the following:
   (1) Establish eligibility requirements for a private business or
nonprofit organization to be included on the statewide registry.
   (2) Require the services, goods, labor, equipment, resources, or
dispensaries or other facilities donated by a private business or
nonprofit organization included on the statewide registry to be
provided at no cost to state governmental entities or the victims of
emergencies and disasters.
   (3) Require the services, goods, labor, equipment, resources, or
dispensaries or other facilities donated by a private business or
nonprofit organization included on the statewide registry to be
safely collected, maintained, and managed.
   (4) Require that federal, state, and local governmental entities
and nonprofit organizations that are engaged in assisting communities
prepare for, respond to, or recover from emergencies and disasters
have access to the statewide registry.
   (c) A private business or nonprofit organization included on the
statewide registry shall reasonably determine all of the following:
   (1) Donated services, goods, labor, equipment, resources, or
dispensaries or other facilities comply with all applicable federal
and state safety laws and licensing requirements.
   (2) Donated services, goods, labor, equipment, resources, or
dispensaries or other facilities have not been altered, misbranded,
or stored under conditions contrary to the standards set forth under
federal or state laws or by the product manufacturer.
   (3) Donated medicine shall be unopened, in tamper-resistant
packaging or modified unit dose containers that meet United States
Pharmacopeia standards, and show lot numbers and expiration dates.
Medicine that does not meet these standards shall not be donated.




8588.3.  (a) The Legislature finds and declares that it is the
responsibility of the State of California to protect and preserve the
right of its citizens to a safe and peaceful existence. To
accomplish this goal and to minimize the destructive impact of
disasters and other massive emergencies, the actions of numerous
public agencies must be coordinated to effectively manage all four
phases of emergency activity: preparedness, mitigation, response, and
recovery. In order to ensure that the state's response to disasters
or massive emergencies is effective, specialized training is
necessary.
   (b) The California Specialized Training Institute of the office of
the Adjutant General is hereby transferred to the agency. The
institute shall assist the Governor in providing, pursuant to
subdivision (f) of Section 8570, training to state agencies, cities,
and counties in their planning and preparation for disasters.
   (c) The secretary may solicit, receive, and administer funds or
property from federal, state, or other public agency sources for the
support and operation of the institute.
   (d) The secretary may solicit and receive firearms, other
weaponry, explosive materials, chemical agents, and other items
confiscated by or otherwise in the possession of law enforcement
officers as donations to the institute if he or she deems them to be
appropriate for the institute's training purposes.
   (e) Any moneys received by the secretary from charges or fees
imposed in connection with the operation of the institute shall be
deposited in the General Fund.



8588.5.  To promote an increase in the number of trained disaster
search dog teams, the agency shall do all of the following:
   (a) Provide instruction to California disaster dog trainers in
Swiss techniques.
   (b) Work to secure authorization to conduct training for disaster
search dog teams at existing facilities operated by the California
National Guard and the Department of Transportation on the grounds of
Camp San Luis Obispo.
   (c) Engage in recruiting activities for the purpose of increasing
the number of disaster search dog teams in southern California.
   (d) Reimburse disaster search dog handlers and instructors for the
costs of their travel and that of their dogs to training facilities
within California.



8588.7.  (a) The California Emergency Management Agency shall
procure mobile communication translators to enable mutual-aid
emergency response agencies to communicate effectively while
operating on incompatible frequencies.
   (b) Translators shall be located in the San Francisco Bay Area and
the Los Angeles metropolitan area, made ready for use by local
public safety officials by the California Emergency Management
Agency, and provided to the appropriate state-established mutual-aid
region pursuant to Section 8600.
   (c) The California Emergency Management Agency shall implement
this section only to the extent that funds are appropriated to the
agency for this purpose in the Budget Act or in other legislation.




8588.10.  (a) The secretary shall establish a Curriculum Development
Advisory Committee to advise the agency on the development of course
curricula, as specified by the secretary.
   (b) The committee shall be chaired by the secretary, who will
appoint members as appropriate. In appointing members to the
committee, the secretary shall include representatives from the
following:
   (1) State public safety, health, first responder, and emergency
services departments or agencies, as deemed appropriate by the
secretary.
   (2) Local first responder agencies.
   (3) Local public safety agencies.
   (4) Nonprofit organizations, as deemed appropriate by the
secretary.
   (5) Any other state, local, tribal, or nongovernmental
organization determined by the secretary to be appropriate.



8588.11.  (a) The agency shall contract with the California Fire
Fighter Joint Apprenticeship Program to develop a fire service
specific course of instruction on the responsibilities of first
responders to terrorism incidents. The course shall include the
criteria for the curriculum content recommended by the Curriculum
Development Advisory Committee established pursuant to Section
8588.10 to address the training needs of both of the following:
   (1) Firefighters in conformance with the standards established by
the State Fire Marshal.
   (2) Paramedics and other emergency medical services fire personnel
in conformance with the standards established by the State Emergency
Medical Services Authority.
   (b) The course of instruction shall be developed in consultation
with individuals knowledgeable about consequence management that
addresses the topics of containing and mitigating the impact of a
terrorist incident, including, but not limited to, a terrorist act
using hazardous materials, as well as weapons of mass destruction,
including any chemical warfare agent, weaponized biological agent, or
nuclear or radiological agent, as those terms are defined in Section
11417 of the Penal Code, by techniques including, but not limited
to, rescue, firefighting, casualty treatment, and hazardous materials
response and recovery.
   (c) The contract shall provide for the delivery of training by the
California Fire Fighter Joint Apprenticeship Program through
reimbursement contracts with the state, local, and regional fire
agencies who may, in turn, contract with educational institutions.
   (d) To maximize the availability and delivery of training, the
California Fire Fighter Joint Apprenticeship Program shall develop a
course of instruction to train the trainers in the presentation of
the first responder training of consequence management for fire
service personnel.



8588.12.  (a) The Curriculum Development Advisory Committee,
described in Section 8588.10, shall recommend criteria for terrorism
awareness curriculum content to meet the training needs of state and
local emergency response personnel and volunteers. In addition, the
committee shall identify any additional training that would be useful
and appropriate, but that may not be generally available in
California, and shall make recommendations pertaining to the need for
training oversight agencies for first responder disciplines to
expedite their curriculum approval processes.
   (b) Basic terrorism awareness training shall include, but not be
limited to, the following:
   (1) An overview of conventional, chemical, biological,
radiological, and nuclear threats.
   (2) Threat and hazard recognition, with an emphasis on ability to
determine local vulnerabilities.
   (3) Understanding the structure and function of an incident
command system.
   (4) Initial response actions, including preliminary assessment,
notifications, resource needs, and safety considerations.
   (5) Coordination with other emergency service first responders.
   (6) Gathering, verifying, assessing, and communicating incident
information.
   (7) Understanding mass casualty implications and decontamination
requirements.
   (8) Balancing lifesaving activities with evidence preservation.
   (9) General awareness and additional training for each of the
first responder categories specific to each discipline.
   (c) (1) The Legislature finds and declares that training on
terrorism awareness for first responders is of critical importance to
the people of California.
   (2) Every agency responsible for development of terrorism
awareness training and every agency that employs or uses first
responders shall give a high priority to the completion of that
training.



8588.15.  (a) The secretary shall appoint representatives of the
disabled community to serve on the evacuation, sheltering,
communication, recovery, and other pertinent Standardized Emergency
Management System committees, including one representative to the
Technical Working Group. Representatives of the disabled community
shall, to the extent practicable, be from the following groups:
   (1) Persons who are blind or visually impaired.
   (2) Persons with sensory or cognitive disabilities.
   (3) Persons with physical disabilities.
   (b) Within the Standardized Emergency Management System structure,
the secretary shall ensure, to the extent practicable, that the
needs of the disabled community are met by ensuring all committee
recommendations regarding preparedness, planning, and procedures
relating to emergencies include the needs of people with
disabilities.
   (c) The secretary shall prepare and disseminate sample brochures
and other relevant materials on preparedness, planning, and
procedures relating to emergency evacuations that include the needs
of the disabled community, and shall work with nongovernmental
associations and entities to make them available in accessible
formats, including, but not limited to, Braille, large print, and
electronic media.
   (d) The secretary and the State Fire Marshal's office shall seek
research funding to assist in the development of new technologies and
information systems that will assist in the evacuation of the groups
designated in subdivision (a) during emergency and disaster
situations.
   (e) It is the intent of the Legislature for the purpose of
implementing this section and to the extent permitted by federal law,
that funds may be used from the Federal Trust Fund from funds
received from the federal Department of Homeland Security for
implementation of homeland security programs.



8589.  The California Emergency Management Agency shall be permitted
such use of all state and local fair properties as conditions
require.


8589.1.  (a) The California Emergency Management Agency shall plan
to establish the State Computer Emergency Data Exchange Program
(SCEDEP) which shall be responsible for collection and dissemination
of essential data for emergency management.
   (b) Participating agencies in SCEDEP shall include the Department
of Water Resources, Department of Forestry and Fire Protection,
Department of the California Highway Patrol, Department of
Transportation, Emergency Medical Services Authority, the State Fire
Marshal, State Department of Public Health, and any other state
agency that collects critical data and information that affects
emergency response.
   (c) It is the intent of the Legislature that the State Computer
Emergency Data Exchange Program facilitate communication between
state agencies and that emergency information be readily accessible
to city and county emergency services offices. The California
Emergency Management Agency shall develop policies and procedures
governing the collection and dissemination of emergency information
and shall recommend or design the appropriate software and programs
necessary for emergency communications with city and county emergency
services offices.



8589.2.  (a) The California Emergency Management Agency, in
consultation with the California Highway Patrol and other state and
local agencies, shall establish a statewide plan for the delivery of
hazardous material mutual aid.
   (b) Within 180 days of the adoption of a plan by the California
Emergency Management Agency, an entity shall only be considered a
candidate for training or equipment funds provided by the state for
hazardous material emergency response when that entity is a signatory
to the plan established under this section.
   (1) For the purpose of this chapter "hazardous material emergency
response" includes, but is not limited to, assessment, isolation,
stabilization, containment, removal, evacuation, neutralization,
transportation, rescue procedures, or other activities necessary to
ensure the public safety during a hazardous materials emergency.
   (2) For the purpose of this chapter, "hazardous material" is
defined as in Section 25501 of the Health and Safety Code.
   (c) Entities providing hazardous material emergency response
services under this chapter shall be exempt from the fee restriction
of Section 6103.



8589.3.  (a) A person who is acting as an agent for a transferor of
real property that is located within a special flood hazard area (any
type Zone "A" or "V") designated by the Federal Emergency Management
Agency, or the transferor if he or she is acting without an agent,
shall disclose to any prospective transferee the fact that the
property is located within a special flood hazard area.
   (b) Disclosure is required pursuant to this section only when one
of the following conditions is met:
   (1) The transferor, or the transferor's agent, has actual
knowledge that the property is within a special flood hazard area.
   (2) The local jurisdiction has compiled a list, by parcel, of
properties that are within the special flood hazard area and a notice
has been posted at the offices of the county recorder, county
assessor, and county planning agency that identifies the location of
the parcel list.
   (c) In all transactions that are subject to Section 1103 of the
Civil Code, the disclosure required by subdivision (a) of this
section shall be provided by either of the following means:
   (1) The Local Option Real Estate Disclosure Statement as provided
in Section 1102.6a of the Civil Code.
   (2) The Natural Hazard Disclosure Statement as provided in Section
1103.2 of the Civil Code.
   (d) For purposes of the disclosure required by this section, the
following persons shall not be deemed agents of the transferor:
   (1) Persons specified in Section 1103.11 of the Civil Code.
   (2) Persons acting under a power of sale regulated by Section 2924
of the Civil Code.
   (e) Section 1103.13 of the Civil Code shall apply to this section.
   (f) The specification of items for disclosure in this section does
not limit or abridge any obligation for disclosure created by any
other provision of law or that may exist in order to avoid fraud,
misrepresentation, or deceit in the transfer transaction.
   (g) A notice shall be posted at the offices of the county
recorder, county assessor, and county planning agency that identifies
the location of the special flood hazard area map, any relevant
Letters of Map Revision from the Federal Emergency Management Agency,
and any parcel list compiled by the local jurisdiction.



8589.4.  (a) A person who is acting as an agent for a transferor of
real property that is located within an area of potential flooding
shown on an inundation map designated pursuant to Section 8589.5, or
the transferor if he or she is acting without an agent, shall
disclose to any prospective transferee the fact that the property is
located within an area of potential flooding.
   (b) Disclosure is required pursuant to this section only when one
of the following conditions is met:
   (1) The transferor, or the transferor's agent, has actual
knowledge that the property is within an inundation area.
   (2) The local jurisdiction has compiled a list, by parcel, of
properties that are within the inundation area and a notice has been
posted at the offices of the county recorder, county assessor, and
county planning agency that identifies the location of the parcel
list.
   (c) In all transactions that are subject to Section 1103 of the
Civil Code, the disclosure required by subdivision (a) of this
section shall be provided by either of the following means:
   (1) The Local Option Real Estate Disclosure Statement as provided
in Section 1102.6a of the Civil Code.
   (2) The Natural Hazard Disclosure Statement as provided in Section
1103.2 of the Civil Code.
   (d) For purposes of the disclosure required by this section, the
following persons shall not be deemed agents of the transferor:
   (1) Persons specified in Section 1103.11 of the Civil Code.
   (2) Persons acting under a power of sale regulated by Section 2924
of the Civil Code.
   (e) Section 1103.13 of the Civil Code shall apply to this section.
   (f) The specification of items for disclosure in this section does
not limit or abridge any obligation for disclosure created by any
other provision of law or that may exist in order to avoid fraud,
misrepresentation, or deceit in the transfer transaction.



8589.5.  (a) Inundation maps showing the areas of potential flooding
in the event of sudden or total failure of any dam, the partial or
total failure of which the California Emergency Management Agency
determines, after consultation with the Department of Water
Resources, would result in death or personal injury, shall be
prepared and submitted as provided in this subdivision within six
months after the effective date of this section, unless previously
submitted or unless the time for submission of those maps is extended
for reasonable cause by the California Emergency Management Agency.
The local governmental organization, utility, or other public or
private owner of any dam so designated shall submit to the California
Emergency Management Agency one map that shall delineate potential
flood zones that could result in the event of dam failure when the
reservoir is at full capacity, or if the local governmental
organization, utility, or other public or private owner of any dam
shall determine it to be desirable, he or she shall submit three maps
that shall delineate potential flood zones that could result in the
event of dam failure when the reservoir is at full capacity, at
median-storage level, and at normally low-storage level. After
submission of copies of the map or maps, the California Emergency
Management Agency shall review the map or maps, and shall return any
map or maps that do not meet the requirements of this subdivision,
together with recommendations relative to conforming to the
requirements. Maps rejected by the California Emergency Management
Agency shall be revised to conform to those recommendations and
resubmitted. The California Emergency Management Agency shall keep on
file those maps that conform to the provisions of this subdivision.
Maps approved pursuant to this subdivision shall also be kept on file
with the Department of Water Resources. The owner of a dam shall
submit final copies of those maps to the California Emergency
Management Agency that shall immediately submit identical copies to
the appropriate public safety agency of any city, county, or city and
county likely to be affected.
   (b) (1) Based upon a review of inundation maps submitted pursuant
to subdivision (a) or based upon information gained by an onsite
inspection and consultation with the affected local jurisdiction when
the requirement for an inundation map is waived pursuant to
subdivision (d), the California Emergency Management Agency shall
designate areas within which death or personal injury would, in its
determination, result from the partial or total failure of a dam. The
appropriate public safety agencies of any city, county, or city and
county, the territory of which includes any of those areas, may adopt
emergency procedures for the evacuation and control of populated
areas below those dams. The California Emergency Management Agency
shall review the procedures to determine whether adequate public
safety measures exist for the evacuation and control of populated
areas below the dams, and shall make recommendations with regard to
the adequacy of those procedures to the concerned public safety
agency. In conducting the review, the California Emergency Management
Agency shall consult with appropriate state and local agencies.
   (2) Emergency procedures specified in this subdivision shall
conform to local needs, and may be required to include any of the
following elements or any other appropriate element, in the
discretion of the California Emergency Management Agency:
   (A) Delineation of the area to be evacuated.
   (B) Routes to be used.
   (C) Traffic control measures.
   (D) Shelters to be activated for the care of the evacuees.
   (E) Methods for the movement of people without their own
transportation.
   (F) Identification of particular areas or facilities in the flood
zones that will not require evacuation because of their location on
high ground or similar circumstances.
   (G) Identification and development of special procedures for the
evacuation and care of people from unique institutions.
   (H) Procedures for the perimeter and interior security of the
area, including such things as passes, identification requirements,
and antilooting patrols.
   (I) Procedures for the lifting of the evacuation and reentry of
the area.
   (J) Details as to which organizations are responsible for the
functions described in this paragraph and the material and personnel
resources required.
   (3) It is the intent of the Legislature to encourage each agency
that prepares emergency procedures to establish a procedure for their
review every two years.
   (c) "Dam," as used in this section, has the same meaning as
specified in Sections 6002, 6003, and 6004 of the Water Code.
   (d) Where both of the following conditions exist, the California
Emergency Management Agency may waive the requirement for an
inundation map:
   (1) Where the effects of potential inundation in terms of death or
personal injury, as determined through onsite inspection by the
California Emergency Management Agency in consultation with the
affected local jurisdictions, can be ascertained without an
inundation map.
   (2) Where adequate evacuation procedures can be developed without
benefit of an inundation map.
   (e) If development should occur in any exempted area after a
waiver has been granted, the local jurisdiction shall notify the
California Emergency Management Agency of that development. All
waivers shall be reevaluated every two years by the California
Emergency Management Agency.
   (f) A notice may be posted at the offices of the county recorder,
county assessor, and county planning agency that identifies the
location of the map, and of any information received by the county
subsequent to the receipt of the map regarding changes to inundation
areas within the county.



8589.6.  (a) The California Emergency Management Agency shall
develop model guidelines for local government agencies and
community-based organizations planning to develop a disaster registry
program. Adoption of the model guidelines shall be voluntary. Local
governmental agencies or community-based organizations wishing to
establish a disaster registry program may consult with the California
Emergency Management Agency for further guidance.
   (b) The guidelines required by subdivision (a) shall address, at a
minimum, all of the following issues:
   (1) A purpose statement specifying that the intent of the registry
is not to provide immediate assistance during a local, state, or
national disaster, to those who are registered, but to encourage that
those registered will receive a telephone call or visit from
neighborhood disaster volunteers or other organizations specified in
the final local plan as soon as possible after the disaster in order
to check on their well-being and ask if they need assistance. This
statement shall also specify that persons registered should be
prepared to be self-sufficient for at least 72 hours.
   (2) A list of persons eligible for the registry. This list shall
include, but not be limited to, disabled persons, including those
with developmental disabilities, the elderly, those for whom English
is not a first language, persons who are unskilled or deficient in
the English language, long-term health care facilities, residential
community care facilities, and residential care facilities for the
elderly.
   (3) A statement specifying that the party responsible for
responding to those registered will not be held liable for not
responding.
   (4) A plan for ensuring that hard data is available if computers
shut down.
   (5) A recommendation for those persons or organizations that would
be appropriate to respond to persons on the disaster registry, and a
plan for training the responsible party.
   (6) A plan for community outreach to encourage those eligible to
participate.
   (7) A plan for distribution of preparedness materials to those
eligible to participate in the disaster registry.
   (8) Recommendations and assistance for obtaining federal and state
moneys to establish a disaster registry.
   (9) A recommendation that organizations currently providing
services to persons who are eligible for the disaster registry
program be encouraged to alter their information form to include a
space on the form where the person has the option of registering for
the program. By checking the box and giving approval to be registered
for the program the person waives confidentiality rights. Despite
this waiver of confidentiality rights, local government agencies and
community-based organizations planning to develop a disaster registry
are encouraged to do everything possible to maintain the
confidentiality of their registries. Organizations that currently
have lists of people who would be eligible to register for the
program should be encouraged to share this information with persons
establishing a disaster registry.



8589.7.  (a) In carrying out its responsibilities pursuant to
subdivision (b) of Section 8574.17, the California Emergency
Management Agency shall serve as the central point in state
government for the emergency reporting of spills, unauthorized
releases, or other accidental releases of hazardous materials and
shall coordinate the notification of the appropriate state and local
administering agencies that may be required to respond to those
spills, unauthorized releases, or other accidental releases. The
California Emergency Management Agency is the only state agency
required to make the notification required by subdivision (b).
   (b) Upon receipt of a report concerning a spill, unauthorized
release, or other accidental release involving hazardous materials,
as defined in Section 25501 of the Health and Safety Code, or
concerning a rupture of, or an explosion or fire involving, a
pipeline reportable pursuant to Section 51018, the California
Emergency Management Agency shall immediately inform the following
agencies of the incident:
   (1) For an oil spill reportable pursuant to Section 8670.25.5, the
California Emergency Management Agency shall inform the
administrator for oil spill response, the State Lands Commission, the
California Coastal Commission, and the California regional water
quality control board having jurisdiction over the location of the
discharged oil.
   (2) For a rupture, explosion, or fire involving a pipeline
reportable pursuant to Section 51018, the California Emergency
Management Agency shall inform the State Fire Marshal.
   (3) For a discharge in or on any waters of the state of a
hazardous substance or sewage reportable pursuant to Section 13271 of
the Water Code, the California Emergency Management Agency shall
inform the appropriate California regional water quality control
board.
   (4) For a spill or other release of petroleum reportable pursuant
to Section 25270.8 of the Health and Safety Code, the California
Emergency Management Agency shall inform the local administering
agency that has jurisdiction over the spill or release.
   (5) For a crude oil spill reportable pursuant to Section 3233 of
the Public Resources Code, the California Emergency Management Agency
shall inform the Division of Oil, Gas, and Geothermal Resources and
the appropriate California regional water quality control board.
   (c) This section does not relieve a person who is responsible for
an incident specified in subdivision (b) from the duty to make an
emergency notification to a local agency, or the 911 emergency
system, under any other law.
   (d) A person who is subject to Section 25507 of the Health and
Safety Code shall immediately report all releases or threatened
releases pursuant to that section to the appropriate local
administering agency and each local administering agency shall notify
the California Emergency Management Agency and businesses in their
jurisdiction of the appropriate emergency telephone number that can
be used for emergency notification to the administering agency on a
24-hour basis. The administering agency shall notify other local
agencies of releases or threatened releases within their
jurisdiction, as appropriate.
   (e) No facility, owner, operator, or other person required to
report an incident specified in subdivision (b) to the California
Emergency Management Agency shall be liable for any failure of the
California Emergency Management Agency to make a notification
required by this section or to accurately transmit the information
reported.


State Codes and Statutes

Statutes > California > Gov > 8585-8589.7

GOVERNMENT CODE
SECTION 8585-8589.7



8585.  (a) (1) There is in state government, the California
Emergency Management Agency. The California Emergency Management
Agency shall be under the supervision of the Secretary of the
Emergency Management Agency, who shall have all rights and powers of
a head of an agency as provided by this code, and shall be referred
to as the Secretary of Emergency Management.
   (2) Unless the context clearly requires otherwise, whenever the
term "Office of Emergency Services" appears in any statute,
regulation, or contract, it shall be construed to refer to the
California Emergency Management Agency, and whenever the term
"Director of Emergency Services" or the "Director of the Office of
Emergency Services" appears in statute, regulation, or contract, it
shall be construed to refer to the Secretary of Emergency Management.
   (3) Unless the context clearly requires otherwise, whenever the
term "Director of Homeland Security" or "Office of Homeland Security"
appears in any statute, regulation, or contract, it shall be
construed to refer to the California Emergency Management Agency, and
whenever the term "Director of Homeland Security" or "Director of
the Office of Homeland Security" appears in any statute, regulation,
or contract, it shall be construed to refer to the Secretary of
Emergency Management.
   (b) (1) The California Emergency Management Agency and the
Secretary of Emergency Management succeed to and are vested with all
the duties, powers, purposes, responsibilities, and jurisdiction
vested in the Office of Emergency Services and the Director of the
Office of Emergency Services, respectively.
   (2) The California Emergency Management Agency and the Secretary
of Emergency Management succeed to and are vested with all the
duties, powers, purposes, responsibilities, and jurisdiction vested
in the Office of Homeland Security and the Director of Homeland
Security, respectively.
   (c) The California Emergency Management Agency shall be considered
a law enforcement organization as required for receipt of criminal
intelligence information pursuant to subdivision (f) of Section 6254
of the Government Code by persons employed within the agency whose
duties and responsibilities require the authority to access criminal
intelligence information.
   (d) Persons employed by the California Emergency Management Agency
whose duties and responsibilities require the authority to access
criminal intelligence information shall be furnished state summary
criminal history information as described in Section 11105 of the
Penal Code, if needed in the course of their duties.
   (e) The California Emergency Management Agency shall 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.
   (f) Notwithstanding any other provision of law, nothing in this
section shall authorize an employee of the California Emergency
Management Agency to access criminal intelligence information under
subdivision (c) or (d) for the purpose of determining eligibility
for, or providing access to, disaster-related assistance and
services.



8585.05.  Unless the context otherwise requires, for purpose of this
article, the following definitions apply:
   (a) "Agency" means the California Emergency Management Agency.
   (b) "Secretary" means the Secretary of Emergency Management.




8585.1.  (a) The secretary shall be appointed by, and hold office at
the pleasure of, the Governor. The appointment of the secretary is
subject to confirmation by the Senate. The secretary shall coordinate
all state disaster response, emergency planning, emergency
preparedness, disaster recovery, disaster mitigation, and homeland
security activities.
   (b) The secretary shall receive an annual salary as set forth in
Section 11550.
   (c) The Governor may appoint an undersecretary of the agency. The
undersecretary shall hold office at the pleasure of the Governor.
   (d) All positions exempt from civil service that existed in the
predecessor agencies shall be transferred to the agency.
   (e) Neither state nor federal funds may be expended to pay the
salary or benefits of any deputy or employee who may be appointed by
the secretary or undersecretary pursuant to Section 4 of Article VII
of the California Constitution.



8585.2.  (a) All employees serving in state civil service, other
than temporary employees, who are engaged in the performance of
functions transferred to the agency or engaged in the administration
of law, the administration of which is transferred to the agency, are
transferred to the agency. The status, positions, and rights of
those persons shall not be affected by their transfer and shall
continue to be retained by them pursuant to the State Civil Service
Act (Part 2 (commencing with Section 18500) of Division 5), except as
to positions the duties of which are vested in a position exempt
from civil service. The personnel records of all transferred
employees shall be transferred to the agency.
   (b) The property of any agency or department related to functions
transferred to the California Emergency Management Agency is
transferred to the agency. If any doubt arises as to where that
property is transferred, the Department of General Services shall
determine where the property is transferred.
   (c) All unexpended balances of appropriations and other funds
available for use in connection with any function or the
administration of any law transferred to the agency shall be
transferred to the agency for use for the purpose for which the
appropriation was originally made or the funds were originally
available. If there is any doubt as to where those balances and funds
are transferred, the Department of Finance shall determine where the
balances and funds are transferred.
   (d) Beginning July 1, 2011, and biennially thereafter, the
California Emergency Management Agency shall submit a report to the
Legislature as described in this subdivision. The California
Emergency Management Agency may consult with other public safety
agencies, including the California Emergency Council, in the
development of this report. The report shall include information on
all of the following:
   (1) Agency progress in all of its primary program areas.
   (2) Agency allocation of grants to local agencies and nonprofit
organizations.
   (3) Any identified gaps in program progress or efficiency.
   (4) Agency strategy for program improvements, investments, and
goals for the next two years.



8585.5.  The agency shall establish by rule and regulation various
classes of disaster service workers and the scope of the duties of
each class. The agency shall also adopt rules and regulations
prescribing the manner in which disaster service workers of each
class are to be registered. All of the rules and regulations shall be
designed to facilitate the payment of workers' compensation.



8585.7.  The agency may certify the accredited status of local
disaster councils, subject to the requirements of Section 8612.



8586.  The Governor shall assign all or part of his or her powers
and duties under this chapter to the California Emergency Management
Agency.


8587.  (a) During a state of war emergency, a state of emergency, or
a local emergency, the secretary shall coordinate the emergency
activities of all state agencies in connection with that emergency,
and every state agency and officer shall cooperate with the secretary
in rendering all possible assistance in carrying out the provisions
of this chapter.
   (b) In addition to the powers designated in this section, the
Governor may delegate any of the powers vested in him or her under
this chapter to the secretary except the power to make, amend, and
rescind orders and regulations, and the power to proclaim a state of
emergency.


8587.5.  (a) The Department of Transportation shall, in cooperation
with interested cities with Traffic Signal Override Systems, apply to
the United States Secretary of Transportation for federal funding to
conduct a research program in one or more cities to test the
effectiveness of the installation of signal emitters and sensors in
emergency response vehicles in reducing accidents and injuries.
   (b) The project shall study the reduction in accidents and
injuries involving emergency response vehicles in the program areas,
shall, if possible, assess any reduction in response times by
emergency response vehicles in the program areas, and may study other
valuable data as deemed appropriate.
   (c) The application shall seek full federal funding for the
project, including the evaluation component. If the United States
Secretary of Transportation requires a nonfederal share of funding,
the participating local governments shall pay this share equally.
   (d) The department shall apply for federal funding within six
months of the effective date of this section unless good cause exists
to apply later or not to apply.
   (e) Within six months after the study has been completed, the
department shall submit a written report of its findings to the
Senate Committee on Budget and Fiscal Review, the Senate Committee on
Transportation, the Assembly Committee on Budget, and the Assembly
Committee on Transportation.


8587.7.  (a) The California Emergency Management Agency, in
cooperation with the State Department of Education, the Department of
General Services, and the Seismic Safety Commission, shall develop
an educational pamphlet for use by grades Kindergarten to 14
personnel to identify and mitigate the risks posed by nonstructural
earthquake hazards.
   (b) The agency shall print and distribute the pamphlet to the
governing board of each school district and community college
district in the state, along with a copy of the current edition of
the agency's school emergency response publication. The agency shall
also make the pamphlet or the current edition of the agency's school
emergency response publication available to a private elementary or
secondary school upon request.
   (c) The agency, as soon as feasible, shall make the pamphlet and
the current edition of the agency's school emergency response
publication available by electronic means, including, but not limited
to, the Internet.



8588.  Whenever conditions exist within any region or regions of the
state which warrant the proclamation by the Governor of a state of
emergency and the Governor has not acted under the provisions of
Section 8625, by reason of the fact that the Governor has been
inaccessible, the secretary may proclaim the existence of a state of
emergency in the name of the Governor as to any region or regions of
the state. Whenever the secretary has so proclaimed a state of
emergency, that action shall be ratified by the Governor as soon as
the Governor becomes accessible, and in the event the Governor does
not ratify the action, the Governor shall immediately terminate the
state of emergency as proclaimed by the secretary.




8588.1.  (a) The Legislature finds and declares that this state can
only truly be prepared for the next disaster if the public and
private sector collaborate.
   (b) The agency may, as appropriate, include private businesses and
nonprofit organizations within its responsibilities to prepare the
state for disasters under this chapter. All participation by
businesses and nonprofit associations in this program shall be
voluntary.
   (c) The agency may do any of the following:
   (1) Provide guidance to business and nonprofit organizations
representing business interests on how to integrate private sector
emergency preparedness measures into governmental disaster planning
programs.
   (2) Conduct outreach programs to encourage business to work with
governments and community associations to better prepare the
community and their employees to survive and recover from disasters.
   (3) Develop systems so that government, businesses, and employees
can exchange information during disasters to protect themselves and
their families.
   (4) Develop programs so that businesses and government can work
cooperatively to advance technology that will protect the public
during disasters.
   (d) The agency may share facilities and systems for the purposes
of subdivision (b) with the private sector to the extent the costs
for their use are reimbursed by the private sector.
   (e) Proprietary information or information protected by state or
federal privacy laws shall not be disclosed under this program.
   (f) Notwithstanding Section 11005, donations and private grants
may be accepted by the agency and shall not be subject to Section
11005.
   (g) The Disaster Resistant Communities Fund is hereby created in
the State Treasury. Upon appropriation by the Legislature, the
secretary may expend the money in the account for the costs
associated within this section.
   (h) This section shall be implemented only to the extent that
in-kind contributions or donations are received from the private
sector, or grant funds are received from the federal government, for
these purposes.



8588.2.  (a) The agency may establish a statewide registry of
private businesses and nonprofit organizations that are interested in
donating services, goods, labor, equipment, resources, or
dispensaries or other facilities to further the purposes of Section
8588.1.
   (b) If the agency establishes a statewide registry pursuant to
subdivision (a), the agency shall create and implement protocols and
procedures for inclusion onto the statewide registry that do, but are
not limited to, all of the following:
   (1) Establish eligibility requirements for a private business or
nonprofit organization to be included on the statewide registry.
   (2) Require the services, goods, labor, equipment, resources, or
dispensaries or other facilities donated by a private business or
nonprofit organization included on the statewide registry to be
provided at no cost to state governmental entities or the victims of
emergencies and disasters.
   (3) Require the services, goods, labor, equipment, resources, or
dispensaries or other facilities donated by a private business or
nonprofit organization included on the statewide registry to be
safely collected, maintained, and managed.
   (4) Require that federal, state, and local governmental entities
and nonprofit organizations that are engaged in assisting communities
prepare for, respond to, or recover from emergencies and disasters
have access to the statewide registry.
   (c) A private business or nonprofit organization included on the
statewide registry shall reasonably determine all of the following:
   (1) Donated services, goods, labor, equipment, resources, or
dispensaries or other facilities comply with all applicable federal
and state safety laws and licensing requirements.
   (2) Donated services, goods, labor, equipment, resources, or
dispensaries or other facilities have not been altered, misbranded,
or stored under conditions contrary to the standards set forth under
federal or state laws or by the product manufacturer.
   (3) Donated medicine shall be unopened, in tamper-resistant
packaging or modified unit dose containers that meet United States
Pharmacopeia standards, and show lot numbers and expiration dates.
Medicine that does not meet these standards shall not be donated.




8588.3.  (a) The Legislature finds and declares that it is the
responsibility of the State of California to protect and preserve the
right of its citizens to a safe and peaceful existence. To
accomplish this goal and to minimize the destructive impact of
disasters and other massive emergencies, the actions of numerous
public agencies must be coordinated to effectively manage all four
phases of emergency activity: preparedness, mitigation, response, and
recovery. In order to ensure that the state's response to disasters
or massive emergencies is effective, specialized training is
necessary.
   (b) The California Specialized Training Institute of the office of
the Adjutant General is hereby transferred to the agency. The
institute shall assist the Governor in providing, pursuant to
subdivision (f) of Section 8570, training to state agencies, cities,
and counties in their planning and preparation for disasters.
   (c) The secretary may solicit, receive, and administer funds or
property from federal, state, or other public agency sources for the
support and operation of the institute.
   (d) The secretary may solicit and receive firearms, other
weaponry, explosive materials, chemical agents, and other items
confiscated by or otherwise in the possession of law enforcement
officers as donations to the institute if he or she deems them to be
appropriate for the institute's training purposes.
   (e) Any moneys received by the secretary from charges or fees
imposed in connection with the operation of the institute shall be
deposited in the General Fund.



8588.5.  To promote an increase in the number of trained disaster
search dog teams, the agency shall do all of the following:
   (a) Provide instruction to California disaster dog trainers in
Swiss techniques.
   (b) Work to secure authorization to conduct training for disaster
search dog teams at existing facilities operated by the California
National Guard and the Department of Transportation on the grounds of
Camp San Luis Obispo.
   (c) Engage in recruiting activities for the purpose of increasing
the number of disaster search dog teams in southern California.
   (d) Reimburse disaster search dog handlers and instructors for the
costs of their travel and that of their dogs to training facilities
within California.



8588.7.  (a) The California Emergency Management Agency shall
procure mobile communication translators to enable mutual-aid
emergency response agencies to communicate effectively while
operating on incompatible frequencies.
   (b) Translators shall be located in the San Francisco Bay Area and
the Los Angeles metropolitan area, made ready for use by local
public safety officials by the California Emergency Management
Agency, and provided to the appropriate state-established mutual-aid
region pursuant to Section 8600.
   (c) The California Emergency Management Agency shall implement
this section only to the extent that funds are appropriated to the
agency for this purpose in the Budget Act or in other legislation.




8588.10.  (a) The secretary shall establish a Curriculum Development
Advisory Committee to advise the agency on the development of course
curricula, as specified by the secretary.
   (b) The committee shall be chaired by the secretary, who will
appoint members as appropriate. In appointing members to the
committee, the secretary shall include representatives from the
following:
   (1) State public safety, health, first responder, and emergency
services departments or agencies, as deemed appropriate by the
secretary.
   (2) Local first responder agencies.
   (3) Local public safety agencies.
   (4) Nonprofit organizations, as deemed appropriate by the
secretary.
   (5) Any other state, local, tribal, or nongovernmental
organization determined by the secretary to be appropriate.



8588.11.  (a) The agency shall contract with the California Fire
Fighter Joint Apprenticeship Program to develop a fire service
specific course of instruction on the responsibilities of first
responders to terrorism incidents. The course shall include the
criteria for the curriculum content recommended by the Curriculum
Development Advisory Committee established pursuant to Section
8588.10 to address the training needs of both of the following:
   (1) Firefighters in conformance with the standards established by
the State Fire Marshal.
   (2) Paramedics and other emergency medical services fire personnel
in conformance with the standards established by the State Emergency
Medical Services Authority.
   (b) The course of instruction shall be developed in consultation
with individuals knowledgeable about consequence management that
addresses the topics of containing and mitigating the impact of a
terrorist incident, including, but not limited to, a terrorist act
using hazardous materials, as well as weapons of mass destruction,
including any chemical warfare agent, weaponized biological agent, or
nuclear or radiological agent, as those terms are defined in Section
11417 of the Penal Code, by techniques including, but not limited
to, rescue, firefighting, casualty treatment, and hazardous materials
response and recovery.
   (c) The contract shall provide for the delivery of training by the
California Fire Fighter Joint Apprenticeship Program through
reimbursement contracts with the state, local, and regional fire
agencies who may, in turn, contract with educational institutions.
   (d) To maximize the availability and delivery of training, the
California Fire Fighter Joint Apprenticeship Program shall develop a
course of instruction to train the trainers in the presentation of
the first responder training of consequence management for fire
service personnel.



8588.12.  (a) The Curriculum Development Advisory Committee,
described in Section 8588.10, shall recommend criteria for terrorism
awareness curriculum content to meet the training needs of state and
local emergency response personnel and volunteers. In addition, the
committee shall identify any additional training that would be useful
and appropriate, but that may not be generally available in
California, and shall make recommendations pertaining to the need for
training oversight agencies for first responder disciplines to
expedite their curriculum approval processes.
   (b) Basic terrorism awareness training shall include, but not be
limited to, the following:
   (1) An overview of conventional, chemical, biological,
radiological, and nuclear threats.
   (2) Threat and hazard recognition, with an emphasis on ability to
determine local vulnerabilities.
   (3) Understanding the structure and function of an incident
command system.
   (4) Initial response actions, including preliminary assessment,
notifications, resource needs, and safety considerations.
   (5) Coordination with other emergency service first responders.
   (6) Gathering, verifying, assessing, and communicating incident
information.
   (7) Understanding mass casualty implications and decontamination
requirements.
   (8) Balancing lifesaving activities with evidence preservation.
   (9) General awareness and additional training for each of the
first responder categories specific to each discipline.
   (c) (1) The Legislature finds and declares that training on
terrorism awareness for first responders is of critical importance to
the people of California.
   (2) Every agency responsible for development of terrorism
awareness training and every agency that employs or uses first
responders shall give a high priority to the completion of that
training.



8588.15.  (a) The secretary shall appoint representatives of the
disabled community to serve on the evacuation, sheltering,
communication, recovery, and other pertinent Standardized Emergency
Management System committees, including one representative to the
Technical Working Group. Representatives of the disabled community
shall, to the extent practicable, be from the following groups:
   (1) Persons who are blind or visually impaired.
   (2) Persons with sensory or cognitive disabilities.
   (3) Persons with physical disabilities.
   (b) Within the Standardized Emergency Management System structure,
the secretary shall ensure, to the extent practicable, that the
needs of the disabled community are met by ensuring all committee
recommendations regarding preparedness, planning, and procedures
relating to emergencies include the needs of people with
disabilities.
   (c) The secretary shall prepare and disseminate sample brochures
and other relevant materials on preparedness, planning, and
procedures relating to emergency evacuations that include the needs
of the disabled community, and shall work with nongovernmental
associations and entities to make them available in accessible
formats, including, but not limited to, Braille, large print, and
electronic media.
   (d) The secretary and the State Fire Marshal's office shall seek
research funding to assist in the development of new technologies and
information systems that will assist in the evacuation of the groups
designated in subdivision (a) during emergency and disaster
situations.
   (e) It is the intent of the Legislature for the purpose of
implementing this section and to the extent permitted by federal law,
that funds may be used from the Federal Trust Fund from funds
received from the federal Department of Homeland Security for
implementation of homeland security programs.



8589.  The California Emergency Management Agency shall be permitted
such use of all state and local fair properties as conditions
require.


8589.1.  (a) The California Emergency Management Agency shall plan
to establish the State Computer Emergency Data Exchange Program
(SCEDEP) which shall be responsible for collection and dissemination
of essential data for emergency management.
   (b) Participating agencies in SCEDEP shall include the Department
of Water Resources, Department of Forestry and Fire Protection,
Department of the California Highway Patrol, Department of
Transportation, Emergency Medical Services Authority, the State Fire
Marshal, State Department of Public Health, and any other state
agency that collects critical data and information that affects
emergency response.
   (c) It is the intent of the Legislature that the State Computer
Emergency Data Exchange Program facilitate communication between
state agencies and that emergency information be readily accessible
to city and county emergency services offices. The California
Emergency Management Agency shall develop policies and procedures
governing the collection and dissemination of emergency information
and shall recommend or design the appropriate software and programs
necessary for emergency communications with city and county emergency
services offices.



8589.2.  (a) The California Emergency Management Agency, in
consultation with the California Highway Patrol and other state and
local agencies, shall establish a statewide plan for the delivery of
hazardous material mutual aid.
   (b) Within 180 days of the adoption of a plan by the California
Emergency Management Agency, an entity shall only be considered a
candidate for training or equipment funds provided by the state for
hazardous material emergency response when that entity is a signatory
to the plan established under this section.
   (1) For the purpose of this chapter "hazardous material emergency
response" includes, but is not limited to, assessment, isolation,
stabilization, containment, removal, evacuation, neutralization,
transportation, rescue procedures, or other activities necessary to
ensure the public safety during a hazardous materials emergency.
   (2) For the purpose of this chapter, "hazardous material" is
defined as in Section 25501 of the Health and Safety Code.
   (c) Entities providing hazardous material emergency response
services under this chapter shall be exempt from the fee restriction
of Section 6103.



8589.3.  (a) A person who is acting as an agent for a transferor of
real property that is located within a special flood hazard area (any
type Zone "A" or "V") designated by the Federal Emergency Management
Agency, or the transferor if he or she is acting without an agent,
shall disclose to any prospective transferee the fact that the
property is located within a special flood hazard area.
   (b) Disclosure is required pursuant to this section only when one
of the following conditions is met:
   (1) The transferor, or the transferor's agent, has actual
knowledge that the property is within a special flood hazard area.
   (2) The local jurisdiction has compiled a list, by parcel, of
properties that are within the special flood hazard area and a notice
has been posted at the offices of the county recorder, county
assessor, and county planning agency that identifies the location of
the parcel list.
   (c) In all transactions that are subject to Section 1103 of the
Civil Code, the disclosure required by subdivision (a) of this
section shall be provided by either of the following means:
   (1) The Local Option Real Estate Disclosure Statement as provided
in Section 1102.6a of the Civil Code.
   (2) The Natural Hazard Disclosure Statement as provided in Section
1103.2 of the Civil Code.
   (d) For purposes of the disclosure required by this section, the
following persons shall not be deemed agents of the transferor:
   (1) Persons specified in Section 1103.11 of the Civil Code.
   (2) Persons acting under a power of sale regulated by Section 2924
of the Civil Code.
   (e) Section 1103.13 of the Civil Code shall apply to this section.
   (f) The specification of items for disclosure in this section does
not limit or abridge any obligation for disclosure created by any
other provision of law or that may exist in order to avoid fraud,
misrepresentation, or deceit in the transfer transaction.
   (g) A notice shall be posted at the offices of the county
recorder, county assessor, and county planning agency that identifies
the location of the special flood hazard area map, any relevant
Letters of Map Revision from the Federal Emergency Management Agency,
and any parcel list compiled by the local jurisdiction.



8589.4.  (a) A person who is acting as an agent for a transferor of
real property that is located within an area of potential flooding
shown on an inundation map designated pursuant to Section 8589.5, or
the transferor if he or she is acting without an agent, shall
disclose to any prospective transferee the fact that the property is
located within an area of potential flooding.
   (b) Disclosure is required pursuant to this section only when one
of the following conditions is met:
   (1) The transferor, or the transferor's agent, has actual
knowledge that the property is within an inundation area.
   (2) The local jurisdiction has compiled a list, by parcel, of
properties that are within the inundation area and a notice has been
posted at the offices of the county recorder, county assessor, and
county planning agency that identifies the location of the parcel
list.
   (c) In all transactions that are subject to Section 1103 of the
Civil Code, the disclosure required by subdivision (a) of this
section shall be provided by either of the following means:
   (1) The Local Option Real Estate Disclosure Statement as provided
in Section 1102.6a of the Civil Code.
   (2) The Natural Hazard Disclosure Statement as provided in Section
1103.2 of the Civil Code.
   (d) For purposes of the disclosure required by this section, the
following persons shall not be deemed agents of the transferor:
   (1) Persons specified in Section 1103.11 of the Civil Code.
   (2) Persons acting under a power of sale regulated by Section 2924
of the Civil Code.
   (e) Section 1103.13 of the Civil Code shall apply to this section.
   (f) The specification of items for disclosure in this section does
not limit or abridge any obligation for disclosure created by any
other provision of law or that may exist in order to avoid fraud,
misrepresentation, or deceit in the transfer transaction.



8589.5.  (a) Inundation maps showing the areas of potential flooding
in the event of sudden or total failure of any dam, the partial or
total failure of which the California Emergency Management Agency
determines, after consultation with the Department of Water
Resources, would result in death or personal injury, shall be
prepared and submitted as provided in this subdivision within six
months after the effective date of this section, unless previously
submitted or unless the time for submission of those maps is extended
for reasonable cause by the California Emergency Management Agency.
The local governmental organization, utility, or other public or
private owner of any dam so designated shall submit to the California
Emergency Management Agency one map that shall delineate potential
flood zones that could result in the event of dam failure when the
reservoir is at full capacity, or if the local governmental
organization, utility, or other public or private owner of any dam
shall determine it to be desirable, he or she shall submit three maps
that shall delineate potential flood zones that could result in the
event of dam failure when the reservoir is at full capacity, at
median-storage level, and at normally low-storage level. After
submission of copies of the map or maps, the California Emergency
Management Agency shall review the map or maps, and shall return any
map or maps that do not meet the requirements of this subdivision,
together with recommendations relative to conforming to the
requirements. Maps rejected by the California Emergency Management
Agency shall be revised to conform to those recommendations and
resubmitted. The California Emergency Management Agency shall keep on
file those maps that conform to the provisions of this subdivision.
Maps approved pursuant to this subdivision shall also be kept on file
with the Department of Water Resources. The owner of a dam shall
submit final copies of those maps to the California Emergency
Management Agency that shall immediately submit identical copies to
the appropriate public safety agency of any city, county, or city and
county likely to be affected.
   (b) (1) Based upon a review of inundation maps submitted pursuant
to subdivision (a) or based upon information gained by an onsite
inspection and consultation with the affected local jurisdiction when
the requirement for an inundation map is waived pursuant to
subdivision (d), the California Emergency Management Agency shall
designate areas within which death or personal injury would, in its
determination, result from the partial or total failure of a dam. The
appropriate public safety agencies of any city, county, or city and
county, the territory of which includes any of those areas, may adopt
emergency procedures for the evacuation and control of populated
areas below those dams. The California Emergency Management Agency
shall review the procedures to determine whether adequate public
safety measures exist for the evacuation and control of populated
areas below the dams, and shall make recommendations with regard to
the adequacy of those procedures to the concerned public safety
agency. In conducting the review, the California Emergency Management
Agency shall consult with appropriate state and local agencies.
   (2) Emergency procedures specified in this subdivision shall
conform to local needs, and may be required to include any of the
following elements or any other appropriate element, in the
discretion of the California Emergency Management Agency:
   (A) Delineation of the area to be evacuated.
   (B) Routes to be used.
   (C) Traffic control measures.
   (D) Shelters to be activated for the care of the evacuees.
   (E) Methods for the movement of people without their own
transportation.
   (F) Identification of particular areas or facilities in the flood
zones that will not require evacuation because of their location on
high ground or similar circumstances.
   (G) Identification and development of special procedures for the
evacuation and care of people from unique institutions.
   (H) Procedures for the perimeter and interior security of the
area, including such things as passes, identification requirements,
and antilooting patrols.
   (I) Procedures for the lifting of the evacuation and reentry of
the area.
   (J) Details as to which organizations are responsible for the
functions described in this paragraph and the material and personnel
resources required.
   (3) It is the intent of the Legislature to encourage each agency
that prepares emergency procedures to establish a procedure for their
review every two years.
   (c) "Dam," as used in this section, has the same meaning as
specified in Sections 6002, 6003, and 6004 of the Water Code.
   (d) Where both of the following conditions exist, the California
Emergency Management Agency may waive the requirement for an
inundation map:
   (1) Where the effects of potential inundation in terms of death or
personal injury, as determined through onsite inspection by the
California Emergency Management Agency in consultation with the
affected local jurisdictions, can be ascertained without an
inundation map.
   (2) Where adequate evacuation procedures can be developed without
benefit of an inundation map.
   (e) If development should occur in any exempted area after a
waiver has been granted, the local jurisdiction shall notify the
California Emergency Management Agency of that development. All
waivers shall be reevaluated every two years by the California
Emergency Management Agency.
   (f) A notice may be posted at the offices of the county recorder,
county assessor, and county planning agency that identifies the
location of the map, and of any information received by the county
subsequent to the receipt of the map regarding changes to inundation
areas within the county.



8589.6.  (a) The California Emergency Management Agency shall
develop model guidelines for local government agencies and
community-based organizations planning to develop a disaster registry
program. Adoption of the model guidelines shall be voluntary. Local
governmental agencies or community-based organizations wishing to
establish a disaster registry program may consult with the California
Emergency Management Agency for further guidance.
   (b) The guidelines required by subdivision (a) shall address, at a
minimum, all of the following issues:
   (1) A purpose statement specifying that the intent of the registry
is not to provide immediate assistance during a local, state, or
national disaster, to those who are registered, but to encourage that
those registered will receive a telephone call or visit from
neighborhood disaster volunteers or other organizations specified in
the final local plan as soon as possible after the disaster in order
to check on their well-being and ask if they need assistance. This
statement shall also specify that persons registered should be
prepared to be self-sufficient for at least 72 hours.
   (2) A list of persons eligible for the registry. This list shall
include, but not be limited to, disabled persons, including those
with developmental disabilities, the elderly, those for whom English
is not a first language, persons who are unskilled or deficient in
the English language, long-term health care facilities, residential
community care facilities, and residential care facilities for the
elderly.
   (3) A statement specifying that the party responsible for
responding to those registered will not be held liable for not
responding.
   (4) A plan for ensuring that hard data is available if computers
shut down.
   (5) A recommendation for those persons or organizations that would
be appropriate to respond to persons on the disaster registry, and a
plan for training the responsible party.
   (6) A plan for community outreach to encourage those eligible to
participate.
   (7) A plan for distribution of preparedness materials to those
eligible to participate in the disaster registry.
   (8) Recommendations and assistance for obtaining federal and state
moneys to establish a disaster registry.
   (9) A recommendation that organizations currently providing
services to persons who are eligible for the disaster registry
program be encouraged to alter their information form to include a
space on the form where the person has the option of registering for
the program. By checking the box and giving approval to be registered
for the program the person waives confidentiality rights. Despite
this waiver of confidentiality rights, local government agencies and
community-based organizations planning to develop a disaster registry
are encouraged to do everything possible to maintain the
confidentiality of their registries. Organizations that currently
have lists of people who would be eligible to register for the
program should be encouraged to share this information with persons
establishing a disaster registry.



8589.7.  (a) In carrying out its responsibilities pursuant to
subdivision (b) of Section 8574.17, the California Emergency
Management Agency shall serve as the central point in state
government for the emergency reporting of spills, unauthorized
releases, or other accidental releases of hazardous materials and
shall coordinate the notification of the appropriate state and local
administering agencies that may be required to respond to those
spills, unauthorized releases, or other accidental releases. The
California Emergency Management Agency is the only state agency
required to make the notification required by subdivision (b).
   (b) Upon receipt of a report concerning a spill, unauthorized
release, or other accidental release involving hazardous materials,
as defined in Section 25501 of the Health and Safety Code, or
concerning a rupture of, or an explosion or fire involving, a
pipeline reportable pursuant to Section 51018, the California
Emergency Management Agency shall immediately inform the following
agencies of the incident:
   (1) For an oil spill reportable pursuant to Section 8670.25.5, the
California Emergency Management Agency shall inform the
administrator for oil spill response, the State Lands Commission, the
California Coastal Commission, and the California regional water
quality control board having jurisdiction over the location of the
discharged oil.
   (2) For a rupture, explosion, or fire involving a pipeline
reportable pursuant to Section 51018, the California Emergency
Management Agency shall inform the State Fire Marshal.
   (3) For a discharge in or on any waters of the state of a
hazardous substance or sewage reportable pursuant to Section 13271 of
the Water Code, the California Emergency Management Agency shall
inform the appropriate California regional water quality control
board.
   (4) For a spill or other release of petroleum reportable pursuant
to Section 25270.8 of the Health and Safety Code, the California
Emergency Management Agency shall inform the local administering
agency that has jurisdiction over the spill or release.
   (5) For a crude oil spill reportable pursuant to Section 3233 of
the Public Resources Code, the California Emergency Management Agency
shall inform the Division of Oil, Gas, and Geothermal Resources and
the appropriate California regional water quality control board.
   (c) This section does not relieve a person who is responsible for
an incident specified in subdivision (b) from the duty to make an
emergency notification to a local agency, or the 911 emergency
system, under any other law.
   (d) A person who is subject to Section 25507 of the Health and
Safety Code shall immediately report all releases or threatened
releases pursuant to that section to the appropriate local
administering agency and each local administering agency shall notify
the California Emergency Management Agency and businesses in their
jurisdiction of the appropriate emergency telephone number that can
be used for emergency notification to the administering agency on a
24-hour basis. The administering agency shall notify other local
agencies of releases or threatened releases within their
jurisdiction, as appropriate.
   (e) No facility, owner, operator, or other person required to
report an incident specified in subdivision (b) to the California
Emergency Management Agency shall be liable for any failure of the
California Emergency Management Agency to make a notification
required by this section or to accurately transmit the information
reported.



State Codes and Statutes

State Codes and Statutes

Statutes > California > Gov > 8585-8589.7

GOVERNMENT CODE
SECTION 8585-8589.7



8585.  (a) (1) There is in state government, the California
Emergency Management Agency. The California Emergency Management
Agency shall be under the supervision of the Secretary of the
Emergency Management Agency, who shall have all rights and powers of
a head of an agency as provided by this code, and shall be referred
to as the Secretary of Emergency Management.
   (2) Unless the context clearly requires otherwise, whenever the
term "Office of Emergency Services" appears in any statute,
regulation, or contract, it shall be construed to refer to the
California Emergency Management Agency, and whenever the term
"Director of Emergency Services" or the "Director of the Office of
Emergency Services" appears in statute, regulation, or contract, it
shall be construed to refer to the Secretary of Emergency Management.
   (3) Unless the context clearly requires otherwise, whenever the
term "Director of Homeland Security" or "Office of Homeland Security"
appears in any statute, regulation, or contract, it shall be
construed to refer to the California Emergency Management Agency, and
whenever the term "Director of Homeland Security" or "Director of
the Office of Homeland Security" appears in any statute, regulation,
or contract, it shall be construed to refer to the Secretary of
Emergency Management.
   (b) (1) The California Emergency Management Agency and the
Secretary of Emergency Management succeed to and are vested with all
the duties, powers, purposes, responsibilities, and jurisdiction
vested in the Office of Emergency Services and the Director of the
Office of Emergency Services, respectively.
   (2) The California Emergency Management Agency and the Secretary
of Emergency Management succeed to and are vested with all the
duties, powers, purposes, responsibilities, and jurisdiction vested
in the Office of Homeland Security and the Director of Homeland
Security, respectively.
   (c) The California Emergency Management Agency shall be considered
a law enforcement organization as required for receipt of criminal
intelligence information pursuant to subdivision (f) of Section 6254
of the Government Code by persons employed within the agency whose
duties and responsibilities require the authority to access criminal
intelligence information.
   (d) Persons employed by the California Emergency Management Agency
whose duties and responsibilities require the authority to access
criminal intelligence information shall be furnished state summary
criminal history information as described in Section 11105 of the
Penal Code, if needed in the course of their duties.
   (e) The California Emergency Management Agency shall 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.
   (f) Notwithstanding any other provision of law, nothing in this
section shall authorize an employee of the California Emergency
Management Agency to access criminal intelligence information under
subdivision (c) or (d) for the purpose of determining eligibility
for, or providing access to, disaster-related assistance and
services.



8585.05.  Unless the context otherwise requires, for purpose of this
article, the following definitions apply:
   (a) "Agency" means the California Emergency Management Agency.
   (b) "Secretary" means the Secretary of Emergency Management.




8585.1.  (a) The secretary shall be appointed by, and hold office at
the pleasure of, the Governor. The appointment of the secretary is
subject to confirmation by the Senate. The secretary shall coordinate
all state disaster response, emergency planning, emergency
preparedness, disaster recovery, disaster mitigation, and homeland
security activities.
   (b) The secretary shall receive an annual salary as set forth in
Section 11550.
   (c) The Governor may appoint an undersecretary of the agency. The
undersecretary shall hold office at the pleasure of the Governor.
   (d) All positions exempt from civil service that existed in the
predecessor agencies shall be transferred to the agency.
   (e) Neither state nor federal funds may be expended to pay the
salary or benefits of any deputy or employee who may be appointed by
the secretary or undersecretary pursuant to Section 4 of Article VII
of the California Constitution.



8585.2.  (a) All employees serving in state civil service, other
than temporary employees, who are engaged in the performance of
functions transferred to the agency or engaged in the administration
of law, the administration of which is transferred to the agency, are
transferred to the agency. The status, positions, and rights of
those persons shall not be affected by their transfer and shall
continue to be retained by them pursuant to the State Civil Service
Act (Part 2 (commencing with Section 18500) of Division 5), except as
to positions the duties of which are vested in a position exempt
from civil service. The personnel records of all transferred
employees shall be transferred to the agency.
   (b) The property of any agency or department related to functions
transferred to the California Emergency Management Agency is
transferred to the agency. If any doubt arises as to where that
property is transferred, the Department of General Services shall
determine where the property is transferred.
   (c) All unexpended balances of appropriations and other funds
available for use in connection with any function or the
administration of any law transferred to the agency shall be
transferred to the agency for use for the purpose for which the
appropriation was originally made or the funds were originally
available. If there is any doubt as to where those balances and funds
are transferred, the Department of Finance shall determine where the
balances and funds are transferred.
   (d) Beginning July 1, 2011, and biennially thereafter, the
California Emergency Management Agency shall submit a report to the
Legislature as described in this subdivision. The California
Emergency Management Agency may consult with other public safety
agencies, including the California Emergency Council, in the
development of this report. The report shall include information on
all of the following:
   (1) Agency progress in all of its primary program areas.
   (2) Agency allocation of grants to local agencies and nonprofit
organizations.
   (3) Any identified gaps in program progress or efficiency.
   (4) Agency strategy for program improvements, investments, and
goals for the next two years.



8585.5.  The agency shall establish by rule and regulation various
classes of disaster service workers and the scope of the duties of
each class. The agency shall also adopt rules and regulations
prescribing the manner in which disaster service workers of each
class are to be registered. All of the rules and regulations shall be
designed to facilitate the payment of workers' compensation.



8585.7.  The agency may certify the accredited status of local
disaster councils, subject to the requirements of Section 8612.



8586.  The Governor shall assign all or part of his or her powers
and duties under this chapter to the California Emergency Management
Agency.


8587.  (a) During a state of war emergency, a state of emergency, or
a local emergency, the secretary shall coordinate the emergency
activities of all state agencies in connection with that emergency,
and every state agency and officer shall cooperate with the secretary
in rendering all possible assistance in carrying out the provisions
of this chapter.
   (b) In addition to the powers designated in this section, the
Governor may delegate any of the powers vested in him or her under
this chapter to the secretary except the power to make, amend, and
rescind orders and regulations, and the power to proclaim a state of
emergency.


8587.5.  (a) The Department of Transportation shall, in cooperation
with interested cities with Traffic Signal Override Systems, apply to
the United States Secretary of Transportation for federal funding to
conduct a research program in one or more cities to test the
effectiveness of the installation of signal emitters and sensors in
emergency response vehicles in reducing accidents and injuries.
   (b) The project shall study the reduction in accidents and
injuries involving emergency response vehicles in the program areas,
shall, if possible, assess any reduction in response times by
emergency response vehicles in the program areas, and may study other
valuable data as deemed appropriate.
   (c) The application shall seek full federal funding for the
project, including the evaluation component. If the United States
Secretary of Transportation requires a nonfederal share of funding,
the participating local governments shall pay this share equally.
   (d) The department shall apply for federal funding within six
months of the effective date of this section unless good cause exists
to apply later or not to apply.
   (e) Within six months after the study has been completed, the
department shall submit a written report of its findings to the
Senate Committee on Budget and Fiscal Review, the Senate Committee on
Transportation, the Assembly Committee on Budget, and the Assembly
Committee on Transportation.


8587.7.  (a) The California Emergency Management Agency, in
cooperation with the State Department of Education, the Department of
General Services, and the Seismic Safety Commission, shall develop
an educational pamphlet for use by grades Kindergarten to 14
personnel to identify and mitigate the risks posed by nonstructural
earthquake hazards.
   (b) The agency shall print and distribute the pamphlet to the
governing board of each school district and community college
district in the state, along with a copy of the current edition of
the agency's school emergency response publication. The agency shall
also make the pamphlet or the current edition of the agency's school
emergency response publication available to a private elementary or
secondary school upon request.
   (c) The agency, as soon as feasible, shall make the pamphlet and
the current edition of the agency's school emergency response
publication available by electronic means, including, but not limited
to, the Internet.



8588.  Whenever conditions exist within any region or regions of the
state which warrant the proclamation by the Governor of a state of
emergency and the Governor has not acted under the provisions of
Section 8625, by reason of the fact that the Governor has been
inaccessible, the secretary may proclaim the existence of a state of
emergency in the name of the Governor as to any region or regions of
the state. Whenever the secretary has so proclaimed a state of
emergency, that action shall be ratified by the Governor as soon as
the Governor becomes accessible, and in the event the Governor does
not ratify the action, the Governor shall immediately terminate the
state of emergency as proclaimed by the secretary.




8588.1.  (a) The Legislature finds and declares that this state can
only truly be prepared for the next disaster if the public and
private sector collaborate.
   (b) The agency may, as appropriate, include private businesses and
nonprofit organizations within its responsibilities to prepare the
state for disasters under this chapter. All participation by
businesses and nonprofit associations in this program shall be
voluntary.
   (c) The agency may do any of the following:
   (1) Provide guidance to business and nonprofit organizations
representing business interests on how to integrate private sector
emergency preparedness measures into governmental disaster planning
programs.
   (2) Conduct outreach programs to encourage business to work with
governments and community associations to better prepare the
community and their employees to survive and recover from disasters.
   (3) Develop systems so that government, businesses, and employees
can exchange information during disasters to protect themselves and
their families.
   (4) Develop programs so that businesses and government can work
cooperatively to advance technology that will protect the public
during disasters.
   (d) The agency may share facilities and systems for the purposes
of subdivision (b) with the private sector to the extent the costs
for their use are reimbursed by the private sector.
   (e) Proprietary information or information protected by state or
federal privacy laws shall not be disclosed under this program.
   (f) Notwithstanding Section 11005, donations and private grants
may be accepted by the agency and shall not be subject to Section
11005.
   (g) The Disaster Resistant Communities Fund is hereby created in
the State Treasury. Upon appropriation by the Legislature, the
secretary may expend the money in the account for the costs
associated within this section.
   (h) This section shall be implemented only to the extent that
in-kind contributions or donations are received from the private
sector, or grant funds are received from the federal government, for
these purposes.



8588.2.  (a) The agency may establish a statewide registry of
private businesses and nonprofit organizations that are interested in
donating services, goods, labor, equipment, resources, or
dispensaries or other facilities to further the purposes of Section
8588.1.
   (b) If the agency establishes a statewide registry pursuant to
subdivision (a), the agency shall create and implement protocols and
procedures for inclusion onto the statewide registry that do, but are
not limited to, all of the following:
   (1) Establish eligibility requirements for a private business or
nonprofit organization to be included on the statewide registry.
   (2) Require the services, goods, labor, equipment, resources, or
dispensaries or other facilities donated by a private business or
nonprofit organization included on the statewide registry to be
provided at no cost to state governmental entities or the victims of
emergencies and disasters.
   (3) Require the services, goods, labor, equipment, resources, or
dispensaries or other facilities donated by a private business or
nonprofit organization included on the statewide registry to be
safely collected, maintained, and managed.
   (4) Require that federal, state, and local governmental entities
and nonprofit organizations that are engaged in assisting communities
prepare for, respond to, or recover from emergencies and disasters
have access to the statewide registry.
   (c) A private business or nonprofit organization included on the
statewide registry shall reasonably determine all of the following:
   (1) Donated services, goods, labor, equipment, resources, or
dispensaries or other facilities comply with all applicable federal
and state safety laws and licensing requirements.
   (2) Donated services, goods, labor, equipment, resources, or
dispensaries or other facilities have not been altered, misbranded,
or stored under conditions contrary to the standards set forth under
federal or state laws or by the product manufacturer.
   (3) Donated medicine shall be unopened, in tamper-resistant
packaging or modified unit dose containers that meet United States
Pharmacopeia standards, and show lot numbers and expiration dates.
Medicine that does not meet these standards shall not be donated.




8588.3.  (a) The Legislature finds and declares that it is the
responsibility of the State of California to protect and preserve the
right of its citizens to a safe and peaceful existence. To
accomplish this goal and to minimize the destructive impact of
disasters and other massive emergencies, the actions of numerous
public agencies must be coordinated to effectively manage all four
phases of emergency activity: preparedness, mitigation, response, and
recovery. In order to ensure that the state's response to disasters
or massive emergencies is effective, specialized training is
necessary.
   (b) The California Specialized Training Institute of the office of
the Adjutant General is hereby transferred to the agency. The
institute shall assist the Governor in providing, pursuant to
subdivision (f) of Section 8570, training to state agencies, cities,
and counties in their planning and preparation for disasters.
   (c) The secretary may solicit, receive, and administer funds or
property from federal, state, or other public agency sources for the
support and operation of the institute.
   (d) The secretary may solicit and receive firearms, other
weaponry, explosive materials, chemical agents, and other items
confiscated by or otherwise in the possession of law enforcement
officers as donations to the institute if he or she deems them to be
appropriate for the institute's training purposes.
   (e) Any moneys received by the secretary from charges or fees
imposed in connection with the operation of the institute shall be
deposited in the General Fund.



8588.5.  To promote an increase in the number of trained disaster
search dog teams, the agency shall do all of the following:
   (a) Provide instruction to California disaster dog trainers in
Swiss techniques.
   (b) Work to secure authorization to conduct training for disaster
search dog teams at existing facilities operated by the California
National Guard and the Department of Transportation on the grounds of
Camp San Luis Obispo.
   (c) Engage in recruiting activities for the purpose of increasing
the number of disaster search dog teams in southern California.
   (d) Reimburse disaster search dog handlers and instructors for the
costs of their travel and that of their dogs to training facilities
within California.



8588.7.  (a) The California Emergency Management Agency shall
procure mobile communication translators to enable mutual-aid
emergency response agencies to communicate effectively while
operating on incompatible frequencies.
   (b) Translators shall be located in the San Francisco Bay Area and
the Los Angeles metropolitan area, made ready for use by local
public safety officials by the California Emergency Management
Agency, and provided to the appropriate state-established mutual-aid
region pursuant to Section 8600.
   (c) The California Emergency Management Agency shall implement
this section only to the extent that funds are appropriated to the
agency for this purpose in the Budget Act or in other legislation.




8588.10.  (a) The secretary shall establish a Curriculum Development
Advisory Committee to advise the agency on the development of course
curricula, as specified by the secretary.
   (b) The committee shall be chaired by the secretary, who will
appoint members as appropriate. In appointing members to the
committee, the secretary shall include representatives from the
following:
   (1) State public safety, health, first responder, and emergency
services departments or agencies, as deemed appropriate by the
secretary.
   (2) Local first responder agencies.
   (3) Local public safety agencies.
   (4) Nonprofit organizations, as deemed appropriate by the
secretary.
   (5) Any other state, local, tribal, or nongovernmental
organization determined by the secretary to be appropriate.



8588.11.  (a) The agency shall contract with the California Fire
Fighter Joint Apprenticeship Program to develop a fire service
specific course of instruction on the responsibilities of first
responders to terrorism incidents. The course shall include the
criteria for the curriculum content recommended by the Curriculum
Development Advisory Committee established pursuant to Section
8588.10 to address the training needs of both of the following:
   (1) Firefighters in conformance with the standards established by
the State Fire Marshal.
   (2) Paramedics and other emergency medical services fire personnel
in conformance with the standards established by the State Emergency
Medical Services Authority.
   (b) The course of instruction shall be developed in consultation
with individuals knowledgeable about consequence management that
addresses the topics of containing and mitigating the impact of a
terrorist incident, including, but not limited to, a terrorist act
using hazardous materials, as well as weapons of mass destruction,
including any chemical warfare agent, weaponized biological agent, or
nuclear or radiological agent, as those terms are defined in Section
11417 of the Penal Code, by techniques including, but not limited
to, rescue, firefighting, casualty treatment, and hazardous materials
response and recovery.
   (c) The contract shall provide for the delivery of training by the
California Fire Fighter Joint Apprenticeship Program through
reimbursement contracts with the state, local, and regional fire
agencies who may, in turn, contract with educational institutions.
   (d) To maximize the availability and delivery of training, the
California Fire Fighter Joint Apprenticeship Program shall develop a
course of instruction to train the trainers in the presentation of
the first responder training of consequence management for fire
service personnel.



8588.12.  (a) The Curriculum Development Advisory Committee,
described in Section 8588.10, shall recommend criteria for terrorism
awareness curriculum content to meet the training needs of state and
local emergency response personnel and volunteers. In addition, the
committee shall identify any additional training that would be useful
and appropriate, but that may not be generally available in
California, and shall make recommendations pertaining to the need for
training oversight agencies for first responder disciplines to
expedite their curriculum approval processes.
   (b) Basic terrorism awareness training shall include, but not be
limited to, the following:
   (1) An overview of conventional, chemical, biological,
radiological, and nuclear threats.
   (2) Threat and hazard recognition, with an emphasis on ability to
determine local vulnerabilities.
   (3) Understanding the structure and function of an incident
command system.
   (4) Initial response actions, including preliminary assessment,
notifications, resource needs, and safety considerations.
   (5) Coordination with other emergency service first responders.
   (6) Gathering, verifying, assessing, and communicating incident
information.
   (7) Understanding mass casualty implications and decontamination
requirements.
   (8) Balancing lifesaving activities with evidence preservation.
   (9) General awareness and additional training for each of the
first responder categories specific to each discipline.
   (c) (1) The Legislature finds and declares that training on
terrorism awareness for first responders is of critical importance to
the people of California.
   (2) Every agency responsible for development of terrorism
awareness training and every agency that employs or uses first
responders shall give a high priority to the completion of that
training.



8588.15.  (a) The secretary shall appoint representatives of the
disabled community to serve on the evacuation, sheltering,
communication, recovery, and other pertinent Standardized Emergency
Management System committees, including one representative to the
Technical Working Group. Representatives of the disabled community
shall, to the extent practicable, be from the following groups:
   (1) Persons who are blind or visually impaired.
   (2) Persons with sensory or cognitive disabilities.
   (3) Persons with physical disabilities.
   (b) Within the Standardized Emergency Management System structure,
the secretary shall ensure, to the extent practicable, that the
needs of the disabled community are met by ensuring all committee
recommendations regarding preparedness, planning, and procedures
relating to emergencies include the needs of people with
disabilities.
   (c) The secretary shall prepare and disseminate sample brochures
and other relevant materials on preparedness, planning, and
procedures relating to emergency evacuations that include the needs
of the disabled community, and shall work with nongovernmental
associations and entities to make them available in accessible
formats, including, but not limited to, Braille, large print, and
electronic media.
   (d) The secretary and the State Fire Marshal's office shall seek
research funding to assist in the development of new technologies and
information systems that will assist in the evacuation of the groups
designated in subdivision (a) during emergency and disaster
situations.
   (e) It is the intent of the Legislature for the purpose of
implementing this section and to the extent permitted by federal law,
that funds may be used from the Federal Trust Fund from funds
received from the federal Department of Homeland Security for
implementation of homeland security programs.



8589.  The California Emergency Management Agency shall be permitted
such use of all state and local fair properties as conditions
require.


8589.1.  (a) The California Emergency Management Agency shall plan
to establish the State Computer Emergency Data Exchange Program
(SCEDEP) which shall be responsible for collection and dissemination
of essential data for emergency management.
   (b) Participating agencies in SCEDEP shall include the Department
of Water Resources, Department of Forestry and Fire Protection,
Department of the California Highway Patrol, Department of
Transportation, Emergency Medical Services Authority, the State Fire
Marshal, State Department of Public Health, and any other state
agency that collects critical data and information that affects
emergency response.
   (c) It is the intent of the Legislature that the State Computer
Emergency Data Exchange Program facilitate communication between
state agencies and that emergency information be readily accessible
to city and county emergency services offices. The California
Emergency Management Agency shall develop policies and procedures
governing the collection and dissemination of emergency information
and shall recommend or design the appropriate software and programs
necessary for emergency communications with city and county emergency
services offices.



8589.2.  (a) The California Emergency Management Agency, in
consultation with the California Highway Patrol and other state and
local agencies, shall establish a statewide plan for the delivery of
hazardous material mutual aid.
   (b) Within 180 days of the adoption of a plan by the California
Emergency Management Agency, an entity shall only be considered a
candidate for training or equipment funds provided by the state for
hazardous material emergency response when that entity is a signatory
to the plan established under this section.
   (1) For the purpose of this chapter "hazardous material emergency
response" includes, but is not limited to, assessment, isolation,
stabilization, containment, removal, evacuation, neutralization,
transportation, rescue procedures, or other activities necessary to
ensure the public safety during a hazardous materials emergency.
   (2) For the purpose of this chapter, "hazardous material" is
defined as in Section 25501 of the Health and Safety Code.
   (c) Entities providing hazardous material emergency response
services under this chapter shall be exempt from the fee restriction
of Section 6103.



8589.3.  (a) A person who is acting as an agent for a transferor of
real property that is located within a special flood hazard area (any
type Zone "A" or "V") designated by the Federal Emergency Management
Agency, or the transferor if he or she is acting without an agent,
shall disclose to any prospective transferee the fact that the
property is located within a special flood hazard area.
   (b) Disclosure is required pursuant to this section only when one
of the following conditions is met:
   (1) The transferor, or the transferor's agent, has actual
knowledge that the property is within a special flood hazard area.
   (2) The local jurisdiction has compiled a list, by parcel, of
properties that are within the special flood hazard area and a notice
has been posted at the offices of the county recorder, county
assessor, and county planning agency that identifies the location of
the parcel list.
   (c) In all transactions that are subject to Section 1103 of the
Civil Code, the disclosure required by subdivision (a) of this
section shall be provided by either of the following means:
   (1) The Local Option Real Estate Disclosure Statement as provided
in Section 1102.6a of the Civil Code.
   (2) The Natural Hazard Disclosure Statement as provided in Section
1103.2 of the Civil Code.
   (d) For purposes of the disclosure required by this section, the
following persons shall not be deemed agents of the transferor:
   (1) Persons specified in Section 1103.11 of the Civil Code.
   (2) Persons acting under a power of sale regulated by Section 2924
of the Civil Code.
   (e) Section 1103.13 of the Civil Code shall apply to this section.
   (f) The specification of items for disclosure in this section does
not limit or abridge any obligation for disclosure created by any
other provision of law or that may exist in order to avoid fraud,
misrepresentation, or deceit in the transfer transaction.
   (g) A notice shall be posted at the offices of the county
recorder, county assessor, and county planning agency that identifies
the location of the special flood hazard area map, any relevant
Letters of Map Revision from the Federal Emergency Management Agency,
and any parcel list compiled by the local jurisdiction.



8589.4.  (a) A person who is acting as an agent for a transferor of
real property that is located within an area of potential flooding
shown on an inundation map designated pursuant to Section 8589.5, or
the transferor if he or she is acting without an agent, shall
disclose to any prospective transferee the fact that the property is
located within an area of potential flooding.
   (b) Disclosure is required pursuant to this section only when one
of the following conditions is met:
   (1) The transferor, or the transferor's agent, has actual
knowledge that the property is within an inundation area.
   (2) The local jurisdiction has compiled a list, by parcel, of
properties that are within the inundation area and a notice has been
posted at the offices of the county recorder, county assessor, and
county planning agency that identifies the location of the parcel
list.
   (c) In all transactions that are subject to Section 1103 of the
Civil Code, the disclosure required by subdivision (a) of this
section shall be provided by either of the following means:
   (1) The Local Option Real Estate Disclosure Statement as provided
in Section 1102.6a of the Civil Code.
   (2) The Natural Hazard Disclosure Statement as provided in Section
1103.2 of the Civil Code.
   (d) For purposes of the disclosure required by this section, the
following persons shall not be deemed agents of the transferor:
   (1) Persons specified in Section 1103.11 of the Civil Code.
   (2) Persons acting under a power of sale regulated by Section 2924
of the Civil Code.
   (e) Section 1103.13 of the Civil Code shall apply to this section.
   (f) The specification of items for disclosure in this section does
not limit or abridge any obligation for disclosure created by any
other provision of law or that may exist in order to avoid fraud,
misrepresentation, or deceit in the transfer transaction.



8589.5.  (a) Inundation maps showing the areas of potential flooding
in the event of sudden or total failure of any dam, the partial or
total failure of which the California Emergency Management Agency
determines, after consultation with the Department of Water
Resources, would result in death or personal injury, shall be
prepared and submitted as provided in this subdivision within six
months after the effective date of this section, unless previously
submitted or unless the time for submission of those maps is extended
for reasonable cause by the California Emergency Management Agency.
The local governmental organization, utility, or other public or
private owner of any dam so designated shall submit to the California
Emergency Management Agency one map that shall delineate potential
flood zones that could result in the event of dam failure when the
reservoir is at full capacity, or if the local governmental
organization, utility, or other public or private owner of any dam
shall determine it to be desirable, he or she shall submit three maps
that shall delineate potential flood zones that could result in the
event of dam failure when the reservoir is at full capacity, at
median-storage level, and at normally low-storage level. After
submission of copies of the map or maps, the California Emergency
Management Agency shall review the map or maps, and shall return any
map or maps that do not meet the requirements of this subdivision,
together with recommendations relative to conforming to the
requirements. Maps rejected by the California Emergency Management
Agency shall be revised to conform to those recommendations and
resubmitted. The California Emergency Management Agency shall keep on
file those maps that conform to the provisions of this subdivision.
Maps approved pursuant to this subdivision shall also be kept on file
with the Department of Water Resources. The owner of a dam shall
submit final copies of those maps to the California Emergency
Management Agency that shall immediately submit identical copies to
the appropriate public safety agency of any city, county, or city and
county likely to be affected.
   (b) (1) Based upon a review of inundation maps submitted pursuant
to subdivision (a) or based upon information gained by an onsite
inspection and consultation with the affected local jurisdiction when
the requirement for an inundation map is waived pursuant to
subdivision (d), the California Emergency Management Agency shall
designate areas within which death or personal injury would, in its
determination, result from the partial or total failure of a dam. The
appropriate public safety agencies of any city, county, or city and
county, the territory of which includes any of those areas, may adopt
emergency procedures for the evacuation and control of populated
areas below those dams. The California Emergency Management Agency
shall review the procedures to determine whether adequate public
safety measures exist for the evacuation and control of populated
areas below the dams, and shall make recommendations with regard to
the adequacy of those procedures to the concerned public safety
agency. In conducting the review, the California Emergency Management
Agency shall consult with appropriate state and local agencies.
   (2) Emergency procedures specified in this subdivision shall
conform to local needs, and may be required to include any of the
following elements or any other appropriate element, in the
discretion of the California Emergency Management Agency:
   (A) Delineation of the area to be evacuated.
   (B) Routes to be used.
   (C) Traffic control measures.
   (D) Shelters to be activated for the care of the evacuees.
   (E) Methods for the movement of people without their own
transportation.
   (F) Identification of particular areas or facilities in the flood
zones that will not require evacuation because of their location on
high ground or similar circumstances.
   (G) Identification and development of special procedures for the
evacuation and care of people from unique institutions.
   (H) Procedures for the perimeter and interior security of the
area, including such things as passes, identification requirements,
and antilooting patrols.
   (I) Procedures for the lifting of the evacuation and reentry of
the area.
   (J) Details as to which organizations are responsible for the
functions described in this paragraph and the material and personnel
resources required.
   (3) It is the intent of the Legislature to encourage each agency
that prepares emergency procedures to establish a procedure for their
review every two years.
   (c) "Dam," as used in this section, has the same meaning as
specified in Sections 6002, 6003, and 6004 of the Water Code.
   (d) Where both of the following conditions exist, the California
Emergency Management Agency may waive the requirement for an
inundation map:
   (1) Where the effects of potential inundation in terms of death or
personal injury, as determined through onsite inspection by the
California Emergency Management Agency in consultation with the
affected local jurisdictions, can be ascertained without an
inundation map.
   (2) Where adequate evacuation procedures can be developed without
benefit of an inundation map.
   (e) If development should occur in any exempted area after a
waiver has been granted, the local jurisdiction shall notify the
California Emergency Management Agency of that development. All
waivers shall be reevaluated every two years by the California
Emergency Management Agency.
   (f) A notice may be posted at the offices of the county recorder,
county assessor, and county planning agency that identifies the
location of the map, and of any information received by the county
subsequent to the receipt of the map regarding changes to inundation
areas within the county.



8589.6.  (a) The California Emergency Management Agency shall
develop model guidelines for local government agencies and
community-based organizations planning to develop a disaster registry
program. Adoption of the model guidelines shall be voluntary. Local
governmental agencies or community-based organizations wishing to
establish a disaster registry program may consult with the California
Emergency Management Agency for further guidance.
   (b) The guidelines required by subdivision (a) shall address, at a
minimum, all of the following issues:
   (1) A purpose statement specifying that the intent of the registry
is not to provide immediate assistance during a local, state, or
national disaster, to those who are registered, but to encourage that
those registered will receive a telephone call or visit from
neighborhood disaster volunteers or other organizations specified in
the final local plan as soon as possible after the disaster in order
to check on their well-being and ask if they need assistance. This
statement shall also specify that persons registered should be
prepared to be self-sufficient for at least 72 hours.
   (2) A list of persons eligible for the registry. This list shall
include, but not be limited to, disabled persons, including those
with developmental disabilities, the elderly, those for whom English
is not a first language, persons who are unskilled or deficient in
the English language, long-term health care facilities, residential
community care facilities, and residential care facilities for the
elderly.
   (3) A statement specifying that the party responsible for
responding to those registered will not be held liable for not
responding.
   (4) A plan for ensuring that hard data is available if computers
shut down.
   (5) A recommendation for those persons or organizations that would
be appropriate to respond to persons on the disaster registry, and a
plan for training the responsible party.
   (6) A plan for community outreach to encourage those eligible to
participate.
   (7) A plan for distribution of preparedness materials to those
eligible to participate in the disaster registry.
   (8) Recommendations and assistance for obtaining federal and state
moneys to establish a disaster registry.
   (9) A recommendation that organizations currently providing
services to persons who are eligible for the disaster registry
program be encouraged to alter their information form to include a
space on the form where the person has the option of registering for
the program. By checking the box and giving approval to be registered
for the program the person waives confidentiality rights. Despite
this waiver of confidentiality rights, local government agencies and
community-based organizations planning to develop a disaster registry
are encouraged to do everything possible to maintain the
confidentiality of their registries. Organizations that currently
have lists of people who would be eligible to register for the
program should be encouraged to share this information with persons
establishing a disaster registry.



8589.7.  (a) In carrying out its responsibilities pursuant to
subdivision (b) of Section 8574.17, the California Emergency
Management Agency shall serve as the central point in state
government for the emergency reporting of spills, unauthorized
releases, or other accidental releases of hazardous materials and
shall coordinate the notification of the appropriate state and local
administering agencies that may be required to respond to those
spills, unauthorized releases, or other accidental releases. The
California Emergency Management Agency is the only state agency
required to make the notification required by subdivision (b).
   (b) Upon receipt of a report concerning a spill, unauthorized
release, or other accidental release involving hazardous materials,
as defined in Section 25501 of the Health and Safety Code, or
concerning a rupture of, or an explosion or fire involving, a
pipeline reportable pursuant to Section 51018, the California
Emergency Management Agency shall immediately inform the following
agencies of the incident:
   (1) For an oil spill reportable pursuant to Section 8670.25.5, the
California Emergency Management Agency shall inform the
administrator for oil spill response, the State Lands Commission, the
California Coastal Commission, and the California regional water
quality control board having jurisdiction over the location of the
discharged oil.
   (2) For a rupture, explosion, or fire involving a pipeline
reportable pursuant to Section 51018, the California Emergency
Management Agency shall inform the State Fire Marshal.
   (3) For a discharge in or on any waters of the state of a
hazardous substance or sewage reportable pursuant to Section 13271 of
the Water Code, the California Emergency Management Agency shall
inform the appropriate California regional water quality control
board.
   (4) For a spill or other release of petroleum reportable pursuant
to Section 25270.8 of the Health and Safety Code, the California
Emergency Management Agency shall inform the local administering
agency that has jurisdiction over the spill or release.
   (5) For a crude oil spill reportable pursuant to Section 3233 of
the Public Resources Code, the California Emergency Management Agency
shall inform the Division of Oil, Gas, and Geothermal Resources and
the appropriate California regional water quality control board.
   (c) This section does not relieve a person who is responsible for
an incident specified in subdivision (b) from the duty to make an
emergency notification to a local agency, or the 911 emergency
system, under any other law.
   (d) A person who is subject to Section 25507 of the Health and
Safety Code shall immediately report all releases or threatened
releases pursuant to that section to the appropriate local
administering agency and each local administering agency shall notify
the California Emergency Management Agency and businesses in their
jurisdiction of the appropriate emergency telephone number that can
be used for emergency notification to the administering agency on a
24-hour basis. The administering agency shall notify other local
agencies of releases or threatened releases within their
jurisdiction, as appropriate.
   (e) No facility, owner, operator, or other person required to
report an incident specified in subdivision (b) to the California
Emergency Management Agency shall be liable for any failure of the
California Emergency Management Agency to make a notification
required by this section or to accurately transmit the information
reported.