Bill Text: CA AB1786 | 2023-2024 | Regular Session | Amended
Bill Title: California Individual Assistance Act: California Local Assistance Act.
Spectrum: Moderate Partisan Bill (Democrat 7-1)
Status: (Introduced) 2024-05-16 - In committee: Held under submission. [AB1786 Detail]
Download: California-2023-AB1786-Amended.html
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Amended
IN
Assembly
April 16, 2024 |
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Amended
IN
Assembly
March 21, 2024 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Assembly Bill
No. 1786
| Introduced by Assembly Member Rodriguez (Principal coauthor: Assembly Member Alvarez) (Coauthors: Assembly Members Addis, Arambula, Pellerin, Waldron) (Coauthors: Senators Hurtado and Limón) |
January 03, 2024 |
An act to amend Section 8558 of, to add Sections 8690.46 and 8690.47 to, and to add Articles Article 4.5 (commencing with Section 8688) and Article 4.6 (commencing with Section 8689) to Chapter 7.5 of Division 1 of Title 2 of, the Government Code, relating to disaster assistance, and making an appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
AB 1786, as amended, Rodriguez.
California Individual Assistance Act: California Local Assistance Act.
Existing law, the California Emergency Services Act, empowers the Governor to proclaim a state of emergency under certain circumstances. Existing law defines a state of emergency to mean the duly proclaimed existence of conditions of disaster or of extreme peril to the safety of persons and property within the state caused by conditions such as, among others, air pollution, fire, flood, and storm. Existing law defines a local emergency to mean the duly proclaimed existence of conditions of disaster or of extreme peril to the safety of persons and property within the territorial limits of a county, city and county, or city, caused by conditions such as, among others, air pollution, fire, flood, and storm.
This bill would add climate change and climate change exacerbated conditions to the list of conditions for which a state of emergency or
local emergency may be proclaimed.
Existing law, the California Disaster Assistance Act, requires the Director of Emergency Services to provide financial assistance to local agencies for their personnel costs, equipment costs, and the cost of supplies and materials used during disaster response activities, incurred as a result of a state of emergency proclaimed by the Governor, subject to specified criteria. The act continuously appropriates moneys in the Disaster Assistance Fund and its subsidiary account, the Earthquake Emergency Investigations Account, without regard to fiscal year, for purposes of the act.
Existing law, the California Global Warming Solutions Act of 2006, establishes the State Air Resources Board as the state agency responsible for monitoring and regulating sources emitting greenhouse gases. The act authorizes the state board to include the use of market-based compliance mechanisms. Existing law
requires all moneys, except for fines and penalties, collected by the state board from the auction or sale of allowances as part of a market-based compliance mechanism to be deposited in the Greenhouse Gas Reduction Fund and to be available upon appropriation by the Legislature.
This bill would enact the California Individual Assistance Act to establish a grant program to provide funds to community-based organizations for specified costs related to a disaster, as prescribed. The bill would require the Director of Social Services to allocate moneys from the California Individual Assistance Act Account, which the bill would establish as a special account within the Disaster Assistance Fund, for purposes of the program. The bill would authorize the Director of Social Services to adopt regulations, as determined to be necessary, to govern the administration of the program. The bill would require the Controller to transfer $100,000,000 of the moneys in the Greenhouse
Gas Reduction Fund to the California Individual Assistance Act Account for purposes of the act. By transferring moneys into a continuously appropriated fund, and by authorizing increased expenditure of moneys from a continuously appropriated fund for a new purpose, the bill would make an appropriation.
This bill would additionally enact the California Local Assistance Act to establish a grant program to provide funds to local and tribal governments, transportation systems, and communities for specified costs related to a disaster, as prescribed. The bill would require the Strategic Growth Council to allocate moneys from the California Local Assistance Act Account, which the bill would establish as a special account within the Disaster Assistance Fund, for purposes of the program. The bill would authorize the Strategic Growth Council to adopt regulations, as determined to be necessary, to govern the administration of the program. The bill would require the Controller
to transfer $400,000,000 of the moneys in the Greenhouse Gas Reduction Fund to the California Local Assistance Act Account for purposes of the act. By transferring moneys into a continuously appropriated fund, and by authorizing increased expenditure of moneys from a continuously appropriated fund for a new purpose, the bill would make an appropriation.
Digest Key
Vote: 2/3 Appropriation: YES Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
The Legislature finds and declares the purpose of this act is to establish in California programs within the State Department of Social Services and the Strategic Growth Council, in consultation with the Office of Emergency Services, to quickly provide assistance to California residents following the declaration of a local or state emergency due to climate change that may not warrant federal disaster assistance for local governments, transportation systems, communities, and individuals.SEC. 2.
Section 8558 of the Government Code is amended to read:8558.
Three conditions or degrees of emergency are established by this chapter:(a) “State of war emergency” means the condition that exists immediately, with or without a proclamation thereof by the Governor, whenever this state or nation is attacked by an enemy of the United States, or upon receipt by the state of a warning from the federal government indicating that an enemy attack is probable or imminent.
(b) “State of emergency” means the duly proclaimed existence of conditions of disaster or of extreme peril to the safety of persons and property within the state caused by conditions such as air pollution, fire, flood, storm, epidemic,
riot, drought, cyberterrorism, sudden and severe energy shortage, electromagnetic pulse attack, plant or animal infestation or disease, the Governor’s warning of an earthquake or volcanic prediction, an earthquake, climate change, a climate change exacerbated condition, or other conditions, other than conditions resulting from a labor controversy or conditions causing a “state of war emergency,” which, that, by reason of their magnitude, are or are likely to be beyond the control of the services, personnel, equipment, and facilities of any single county, city and county, or city and require the combined forces of a mutual aid region or regions to combat, or with respect to regulated energy utilities, a sudden and severe energy shortage requires
extraordinary measures beyond the authority vested in the Public Utilities Commission.
(c) (1) “Local emergency” means the duly proclaimed existence of conditions of disaster or of extreme peril to the safety of persons and property within the territorial limits of a county, city and county, or city, caused by conditions such as air pollution, fire, flood, storm, epidemic, riot, drought, cyberterrorism, sudden and severe energy shortage, deenergization event, electromagnetic pulse attack, plant or animal infestation or disease, the Governor’s warning of an earthquake or volcanic prediction, an earthquake, climate change, a climate change exacerbated condition, or other conditions, other than conditions resulting from a labor controversy, which
that are or are likely to be beyond the control of the services, personnel, equipment, and facilities of that political subdivision and require the combined forces of other political subdivisions to combat, or with respect to regulated energy utilities, a sudden and severe energy shortage or deenergization event that requires extraordinary measures beyond the authority vested in the Public Utilities Commission.
(2) A local emergency proclaimed as the result of a deenergization event does not trigger the electric utility obligations set forth in Public Utilities Commission Decision 19-07-015 or its successor decisions as related to deenergization events. A local emergency proclaimed as the result of a deenergization event does not alter the electric utilities’ Public Utilities Commission-approved cost-recovery
mechanisms for their own costs associated with deenergization events.
SEC. 3.
Article 4.5 (commencing with Section 8688) is added to Chapter 7.5 of Division 1 of Title 2 of the Government Code, to read:Article 4.5. California Individual Assistance Act
8688.
This article shall be known and may be cited as the California Individual Assistance Act.8688.1.
It is the intent of the Legislature to provide community-based organizations and individuals with the assistance they need to quickly recover following a disaster.8688.2.
Unless the provision or context otherwise requires, the definitions in this section govern the construction of this article:(a) “Community-based organization” means a public or private nonprofit organization of demonstrated effectiveness that represents a community or significant segments of a community and provides support and services to individuals in the community.
(b) “Disaster” means a fire, flood, storm, tidal wave or tsunami, earthquake, act of terrorism, epidemic, extreme heat or cold event, climate change, or other similar calamity that the Governor determines presents a threat to public safety.
(c) “Housing assistance” means assistance available to homeowners and renters to repair disaster-related damages not covered by insurance or by other governmental financial assistance programs, including, but not limited to, costs that are reasonable and necessary to make the essential living areas of a primary residence safe, sanitary, and functional.
(d) “Individual” means a person residing in California.
(e) “Individual and family grants” means housing assistance and other needs assistance provided pursuant to this article.
(f) “Local emergency” means a condition of extreme peril to persons or property proclaimed as such by the governing body of the local
agency affected, in accordance with Section 8630.
(g) “Other needs assistance” means assistance to offset expenses and losses in income not covered by insurance or by other financial assistance resources, including, but not limited to, any of the following:
(1) Income losses.
(2) Costs to clean, repair, or replace essential personal property items.
(3) Medical, dental, and funeral expenses resulting from the local emergency.
(4) Other potentially eligible expenses authorized by the Director of Social Services.
(h) “Unusual
circumstances” means unavoidable delays that result from recurrence of a disaster, prolonged severe weather within a one-year period, or other conditions beyond the control of the applicant.
8688.3.
(a) The Director of Social Services shall allocate funds, not to exceed one hundred million dollars ($100,000,000), from the California Individual Assistance Act Account, and subject to the conditions specified in this article, to meet the cost of expenses for the purposes described in subdivision (b).(b) Moneys from the California Individual Assistance Act Account may be used to provide funds to community-based organizations to provide assistance to individuals for the following purposes:
(1) To fund community-based organization personnel costs, equipment costs, translation services, and the cost of
supplies and materials used during disaster response activities, incurred as a result of a state of emergency proclaimed by the Governor under the California Emergency Services Act (Chapter 7 (commencing with Section 8550)), excluding the normal hourly wage costs of employees engaged in emergency work activities.
(2) To reimburse community-based organizations that provide individual and family grants.
(3) To provide direct individual and family grants, including housing assistance and other needs assistance, to individuals.
(4) To fund indirect administrative costs and any other assistance deemed necessary by the Director of Social Services.
(5) To fund
necessary and required site preparation costs for evacuation and local assistance centers as deemed necessary by the Director of Social Services.
8688.4.
(a) When certified by the Director of Social Services, claims of community-based organizations shall be presented to the Controller for payment out of funds made available for that purpose.(b) The Director of Social Services shall adopt regulations, as determined to be necessary, to govern the administration of the program authorized by this article in accordance with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3). These regulations shall include specific eligibility requirements, a procedure for community-based organizations to request the implementation of this article, and a method for evaluating
these requests by the State Department of Social Services.
8688.5.
An allocation may be made to a community-based organization if, within 10 days after the actual occurrence of a disaster, the local government has proclaimed a local emergency and that proclamation is acceptable to the Director of Social Services, or upon the order of the Governor when a state of emergency proclamation has been issued under the California Emergency Services Act (Chapter 7 (commencing with Section 8550)).8688.6.
A community-based organization may make an application to the Director of Social Services for state financial assistance pursuant to this article within 60 days after the date of the proclamation of a local emergency. The Director of Social Services may extend the time for this filing only under unusual circumstances.8688.7.
The Director of Social Services shall develop procedures for a community-based organization to receive an advance of funds to expedite the delivery of individual and family grants following a disaster.SEC. 4.
Article 4.6 (commencing with Section 8689) is added to Chapter 7.5 of Division 1 of Title 2 of the Government Code, to read:Article 4.6. California Local Assistance Act
8689.
This article shall be known and may be cited as the California Local Assistance Act.8689.1.
It is the intent of the Legislature to provide local and tribal governments, transportation systems, and communities with the assistance they need to quickly recover following a disaster related to climate change.8689.2.
Unless the provision or context otherwise requires, the definitions in this section govern the construction of this article:(a) “Communities” means individuals and families, including those with access and functional needs, businesses, faith-based and community organizations, nonprofit groups, and schools and academia.
(b) “Disaster” means a fire, flood, storm, tidal wave or tsunami, earthquake, act of terrorism, epidemic, extreme heat or cold event, climate change, or other similar calamity that the Governor determines presents a threat to public safety.
(c) “Hazard mitigation” means projects that reduce the loss of life and property by minimizing the impact of disasters.
(d) “Infrastructure” means facilities, systems, and structures that are developed, owned, and operated by the government. It includes all infrastructure facilities that are open to the general public for use.
(e) “Lifeline systems” means systems that enable the continuous operation of critical government and business functions and are essential to human health and safety or economic security, including:
(1) Safety and security systems.
(2) Community food, hydration, shelter, and agricultural systems.
(3) Health and medical systems.
(4) Energy systems.
(5) Communication systems.
(6) Transportation systems.
(7) Hazardous materials systems.
(8) Water systems.
(f) “Local emergency” means a condition of extreme peril to persons or property proclaimed as such by the governing body of the local agency affected, in accordance with Section 8630.
(g) “Local government” means a city or a county.
(h) “Public transportation systems” means any system of an operator that provides transportation services to the general public by any vehicle that operates on land or water, regardless of whether operated separated from or in conjunction with other vehicles.
(i) “Tribal entity” means an entity formed by the duly constituted governing body of a California Native American tribe in Chapter 905 of the Statutes of 2004, as described in Section 21073 of the Public Resources Code.
8689.3.
(a) The Strategic Growth Council shall allocate funds, not to exceed four hundred million dollars ($400,000,000), from the California Local Assistance Act Account, and subject to the conditions specified in this article, to meet the cost of expenses for the purposes described in subdivision (b).(b) Moneys from the California Local Assistance Act Account may be used to provide funds to local and tribal government, transportation systems, and communities for the purposes of rebuilding infrastructure and other lifelines systems damaged due to a declared disaster, implementing hazard mitigation activities to reduce the risks of climate change, and restoring other losses suffered
in communities.
8689.4.
The Strategic Growth Council shall adopt regulations, as determined to be necessary, to govern the administration of the program authorized by this article in accordance with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3). These regulations shall include specific eligibility requirements, a procedure for local and tribal governments, transportation systems, and communities to request the implementation of this article, and a method for evaluating these requests by the Strategic Growth Council.SEC. 5.
Section 8690.46 is added to the Government Code, to read:8690.46.
(a) The Controller shall establish a special account, the California Individual Assistance Act Account, in the Disaster Assistance Fund, to carry out the provisions of Article 4.5 (commencing with Section 8688).(b) Notwithstanding any other law, the Controller shall transfer one hundred million dollars ($100,000,000) of the moneys in the Greenhouse Gas Reduction Fund to the California Individual Assistance Act Account.
SEC. 6.
Section 8690.47 is added to the Government Code, to read:8690.47.
(a) The Controller shall establish a special account, the California Local Assistance Act Account, in the Disaster Assistance Fund, to carry out the provisions of Article 4.6 (commencing with Section 8689).(b) Notwithstanding any other law, the Controller shall transfer four hundred million dollars ($400,000,000) of the moneys in the Greenhouse Gas Reduction Fund to the California Local Assistance Act Account.
