California Disaster Assistance Act., the official text

An act to amend Sections 8687.7 and 8692 of the Government Code, relating to emergency services.

LEGISLATIVE COUNSEL'S DIGEST

Existing law, the California Disaster Assistance Act, authorizes the Director of Emergency Services to allocate certain funds to meet the cost of a project, as defined.
Existing law authorizes the Office of Emergency Services to establish a model process to assist a community in recovering from an emergency proclaimed by the Governor that includes, among other information, measures to encourage the participation of nongovernmental organizations in the community recovery process to supplement recovery activities undertaken by federal or local agencies.
This bill would instead require the office to establish that model process, and would require the model process to also include measures to encourage the participation of private nonprofit organizations and how they may be eligible to receive state assistance for distribution of supplies and other disaster or emergency assistance activities resulting in extraordinary cost.
Existing law, if a state of emergency is proclaimed, authorizes an eligible private nonprofit organization to receive state assistance for distribution of supplies and other disaster or emergency assistance activities resulting in extraordinary cost subject to specified eligibility and other requirements. Existing law requires the office to adopt regulations to implement those provisions.
This bill would instead require the office to issue guidelines to implement those provisions.

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

SECTION 1.
Section 8687.7 of the Government Code is amended to read:
8687.7.
(a) As used in this section, the following terms have the following meanings:
(1) “Agency” or “office” means the Office of Emergency Services.
(2) “Community” means a geographic area impacted by an emergency proclaimed by the Governor that includes the jurisdiction of one or more local agencies.
(3) “Community recovery partners” means local, state, and federal agencies, private nonprofit organizations, nongovernmental agencies, faith-based organizations, and other private entities.
(b) The office shall establish a model process that would be made available to assist a community in recovering from an emergency proclaimed by the Governor. The model process shall include the following:
(1) The role of the office in the community recovery process.
(2) Procedures for the office to have representation onsite as soon as practicable after the Governor proclaims a state of emergency.
(3) The role of the office to facilitate the use of temporary services, including, but not limited to, direct assistance to individuals, families, and businesses, crisis counseling, disaster unemployment assistance, food and clothing vouchers, communications systems, replacement of personal identification documents, provision of potable water, housing, farm service assistance, tax relief, insurance, and legal services.
(4) The role of the office to facilitate the establishment of temporary structures, including local assistance centers, showers and bathroom facilities, and temporary administrative offices.
(5) Measures to encourage the participation of nongovernmental organizations in the community recovery process to supplement recovery activities undertaken by federal or local agencies.
(6) Measures to encourage the participation of private nonprofit organizations and how they may be eligible to receive state assistance for distribution of supplies and other disaster or emergency assistance activities resulting in extraordinary cost.
(c) The office may refer the model process to the Standardized Emergency Management System (SEMS) Advisory Board, or any other advisory board it deems appropriate, for review and modifications.
(d) It is the intent of the Legislature that the model process assists and complements local procedures. The model process should allow the office to offer additional assistance when that assistance is needed but not available through local agencies.

SEC. 2.
Section 8692 of the Government Code is amended to read:
8692.
(a) If a state of emergency is proclaimed, an eligible private nonprofit organization may receive state assistance for distribution of supplies and other disaster or emergency assistance activities resulting in extraordinary cost.
(b) A private nonprofit organization is eligible for assistance under this section if it is eligible for disaster assistance under the federal Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. Sec. 5121).
(c) An organization is not eligible for assistance under this section if it employs religious content in the provision of emergency assistance.
(d) Any grant of assistance under this section shall comply with Section 4 of Article I and Section 5 of Article XVI of the California Constitution, state and federal civil rights laws, and the First Amendment to the United States Constitution in regard to the funding of religious organizations and activities. These legal constraints include prohibitions on the discrimination against beneficiaries and staff based on protected categories, on the use of public funds for proselytizing of religious doctrine, religious instruction, or worship, and on the use of other religious means to accomplish programmatic goals.
(e) The Office of Emergency Services shall issue guidelines to implement this section.