Standardized emergency management system., the official text

An act to amend Section 8607 of the Government Code, relating to emergency services.

LEGISLATIVE COUNSEL'S DIGEST

Existing law, the California Emergency Services Act, requires the Office of Emergency Services, in coordination with all interested state agencies with designated response roles in the state emergency plan and interested local emergency management agencies, to jointly establish by regulation a standardized emergency management system for use by all emergency response agencies. The act requires the Office of Emergency Services to complete an after-action report within 180 days of a declared disaster, as provided.
This bill would instead require the Office of Emergency Services to complete 2 after-action reports, the first within the first 180 days of a declaration of a state of emergency and the second no later than 180 days after a declared state of emergency ends, as provided. The bill would also require the office to draft annual written updates related to recovery activities, as provided. The bill would require the office to send both reports and any annual recovery updates to the Assembly and Senate Committees on Emergency Management, as provided.
This bill would additionally require a city, county, or city and county to complete an after-action report no later than 120 days after a declaration of a local emergency for which the Governor has also proclaimed a state of emergency and to make the report available to the Office of Emergency Services, among others, as provided. The bill would specify that the after-action report constitutes the after-action report required by a certain regulation. The bill would require the after-action report to include, among other things, information about the application of the standardized emergency management system. By imposing a new reporting requirement upon local agencies, this bill would impose a state-mandated local program.
The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

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

SECTION 1.
Section 8607 of the Government Code is amended to read:
8607.
(a) The Office of Emergency Services, in coordination with all interested state agencies with designated response roles in the state emergency plan and interested local emergency management agencies, shall jointly establish by regulation a standardized emergency management system for use by all emergency response agencies. The public water systems identified in Section 8607.2 may review and comment on these regulations before adoption. This system shall be applicable, but not limited to, those emergencies or disasters referenced in the state emergency plan. The standardized emergency management system shall include all of the following systems as a framework for responding to and managing emergencies and disasters involving multiple jurisdictions or multiple agency responses:
(1) The Incident Command Systems adapted from the systems originally developed by the FIRESCOPE Program, including those currently in use by state agencies.
(2) The multiagency coordination system as developed by the FIRESCOPE Program.
(3) The mutual aid agreement, as defined in Section 8561, and related mutual aid systems such as those used in law enforcement, fire service, and coroners operations.
(4) The operational area concept, as defined in Section 8559.
(b) Individual agencies’ roles and responsibilities agreed upon and contained in existing laws or the state emergency plan are not superseded by this article.
(c) The Office of Emergency Services, in coordination with the State Fire Marshal’s office, the Department of the California Highway Patrol, the Commission on Peace Officer Standards and Training, the Emergency Medical Services Authority, and all other interested state agencies with designated response roles in the state emergency plan, shall jointly develop an approved course of instruction for use in training all emergency response personnel, consisting of the concepts and procedures associated with the standardized emergency management system described in subdivision (a).
(d) All state agencies shall use the standardized emergency management system as adopted pursuant to subdivision (a) to coordinate multiple jurisdiction or multiple agency emergency and disaster operations.
(e) (1) Each local agency, in order to be eligible for any funding of response-related costs under disaster assistance programs, shall use the standardized emergency management system as adopted pursuant to subdivision (a) to coordinate multiple jurisdiction or multiple agency operations.
(2) Notwithstanding paragraph (1), local agencies shall be eligible for repair, renovation, or any other nonpersonnel costs resulting from an emergency.
(f) (1) Within the first 180 days of a declaration of a state of emergency, the Office of Emergency Services shall, in cooperation with involved state and local agencies, complete an after-action report that includes a review of the public safety response and conclusions and recommendations based on findings. The office shall make the report available to all interested public safety and emergency management organizations.
(2) (A) No later than 180 days after a declaration of a state of emergency ends, the Office of Emergency Services shall, in cooperation with involved state and local agencies, complete an after-action report that includes a review of disaster recovery activities and conclusions and recommendations based on findings. The office shall make the report available to all interested public safety and emergency management organizations.
(B) Beginning when the state of emergency is declared and until the updated report required by this paragraph is completed, the Office of Emergency Services shall annually draft written updates related to the recovery activities available to all interested public safety and emergency management organizations.
(3) The Office of Emergency Services shall publish a public version of the after-action reports required by this subdivision and shall publish quantitative data and reportable statistics from the reports that may be used to assess mitigation, preparedness, training, and other response and recovery needs throughout the state.
(4) (A) The Office of Emergency Services shall send both the after-action reports required by this subdivision, and any annual recovery updates required by this subdivision, to the Assembly and Senate Committees on Emergency Management.
(B) The reports shall be submitted pursuant to Section 9795.
(g) (1) No later than 120 days after a city, county, or city and county declares a local emergency for which the Governor proclaims a state of emergency, the city, county, or city and county shall, in cooperation with involved local and state agencies, complete an after-action report and shall make the report available to the Office of Emergency Services and to all other interested public safety and emergency management organizations. The after-action report required by this subdivision shall constitute the after-action report required by Section 2450 of Title 19 of the California Code of Regulations.
(2) The after-action report shall include, at a minimum, all of the following information:
(A) A review of the public safety response and disaster recovery activities.
(B) Any conclusions and recommendations based on the review in subparagraph (A).
(C) The jurisdiction’s application of the standardized emergency management system and any suggested modifications to the standardized emergency management system.
(D) Any necessary modifications to plans and procedures.
(E) Any identified training needs.
(F) A plan to implement any improvements needed.

SEC. 2.
The Legislature finds and declares that Section 1 of this act amending Section 8607 of the Government Code addresses a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 1 of this act applies to all cities, including charter cities.

SEC. 3.
If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.