Bill Text: CA SB821 | 2017-2018 | Regular Session | Amended

California Senate Bill 821 (Prior Session Legislation)

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

Bill Title: Emergency notification: county jurisdictions.

Sponsorship: Partisan Bill (Democrat 2)

Status: (Passed) 2018-09-21 - Chaptered by Secretary of State. Chapter 615, Statutes of 2018. [SB821 Detail]

Download: California-2017-SB821-Amended.html

Amended IN Senate March 12, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill

No. 821

Introduced by Senator Jackson
(Principal coauthor: Assembly Member Limón)

January 03, 2018

An act to ~~amend Section 8585 of~~ add Section 8593.4 to the Government Code, relating to emergency services.

LEGISLATIVE COUNSEL'S DIGEST

SB 821, as amended, Jackson. Emergency notification: ~~Office of Emergency Services:~~ county jurisdictions.

The California Emergency Services Act establishes the Office of Emergency Services in the office of the Governor and provides that the office is responsible for the state’s emergency and disaster response services for natural, technological, or manmade disasters and emergencies, including activities necessary to prevent, respond to, recover from, and mitigate the effects of emergencies and disasters to people and property.

~~This bill would specify that the Office of Emergency Services may assist county jurisdictions in developing effective public emergency warning systems.~~
Existing law defines “emergency plan” for purposes of emergency services provided by local governments and requires each county, including a city and county, to integrate access and functional needs, as defined, into its emergency plan upon the next update of its emergency plan.
This bill would authorize each county, including a city and county, to develop a mechanism to access the contact information of resident accountholders through the records of a public utility or other agency responsible for water service, waste and recycling services, or other property-related services for the sole purpose of enrolling county residents in a county-operated public emergency warning system. The bill would specify that any county that develops such a mechanism would be required to include procedures to enable any resident to opt out of the warning system and not to use the information gathered for any purpose other than for emergency notification.

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

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

SECTION 1.

Section 8593.4 is added to the Government Code, to read:

8593.4.
(a) A county, including a city and county, may develop a mechanism to access the contact information of resident accountholders through the records of a public utility or other agency responsible for water service, waste and recycling services, or other related services for a property address for the sole purpose of enrolling county residents in a county-operated public emergency warning system.
(b) A county that develops a mechanism to access information pursuant to subdivision (a) shall include procedures to enable any resident to opt out of the warning system and may not use the information gathered for any purpose other than for emergency notification.
(c) For purposes of this section, “contact information” means a person’s name, address, phone numbers, and email address.

SECTION 1.Section 8585 of the Government Code is amended to read:
8585.
(a)(1)There is in state government, within the office of the Governor, the Office of Emergency Services. The Office of Emergency Services shall be under the supervision of the Director of Emergency Services, who shall have all rights and powers of a head of an office as provided by this code, and shall be referred to as the Director of Emergency Services.
(2)Unless the context clearly requires otherwise, whenever the term “California Emergency Management Agency” appears in any statute, regulation, or contract, or in any other code, it shall be construed to refer to the Office of Emergency Services, and whenever the term “Secretary of Emergency Management” or the “Secretary of the Emergency Management Agency” appears in statute, regulation, or contract, or in any other code, it shall be construed to refer to the Director of Emergency Services.
(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, or in any other code, it shall be construed to refer to the Office of Emergency Services, and whenever the term “Director of Homeland Security” or “Director of the Office of Homeland Security” appears in any statute, regulation, or contract, or in any other code, it shall be construed to refer to the Director of Emergency Services.
(b)(1)The Office of Emergency Services and the Director of Emergency Services shall succeed to and are vested with all the duties, powers, purposes, responsibilities, and jurisdiction vested in the California Emergency Management Agency and the Secretary of Emergency Management, respectively.
(2)The Office of Emergency Services and the Director of Emergency Services shall 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 Office of Emergency Services shall be considered a law enforcement organization as required for receipt of criminal intelligence information pursuant to subdivision (f) of Section 6254 by persons employed within the office whose duties and responsibilities require the authority to access criminal intelligence information.
(d)Persons employed by the Office of Emergency Services 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)(1)The Office of Emergency Services 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.
~~(2)The Office of Emergency Services may assist county jurisdictions in developing effective public emergency warning systems.~~
(f)Notwithstanding any other law, this section shall not authorize an employee of the Office of Emergency Services 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.