Article 5. California Emergency Management Agency of California Government Code >> Division 1. >> Title 2. >> Chapter 7. >> Article 5.
(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) 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.
(f) Notwithstanding any other law, nothing in this section shall
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.
Unless the context otherwise requires, for purpose of this
article, the following definitions apply:
(a) "Agency" or "office" means the Office of Emergency Services.
(b) "California Emergency Management Agency" means the Office of
Emergency Services.
(c) "Director" or "secretary" means the Director of Emergency
Services.
(a) The director shall be appointed by, and hold office at
the pleasure of, the Governor. The appointment of the director is
subject to confirmation by the Senate. The director shall coordinate
all state disaster response, emergency planning, emergency
preparedness, disaster recovery, disaster mitigation, and homeland
security activities.
(b) The director shall receive an annual salary as set forth in
Section 11552.
(c) The Governor may appoint a deputy director of the office. The
deputy director 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 office.
(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 director or deputy director pursuant to Section 4 of Article VII
of the California Constitution.
(a) All employees serving in state civil service, other
than temporary employees, who are engaged in the performance of
functions transferred to the office or engaged in the administration
of law, the administration of which was vested in the former
California Emergency Management Agency, are transferred to the
office. 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 office.
(b) The property of any agency or department related to functions
formerly transferred to, or vested in the California Emergency
Management Agency, is transferred to the office. 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 formerly transferred to the California
Emergency Management Agency shall be transferred to the office 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.
The office shall establish by rule and regulation various
classes of disaster service workers and the scope of the duties of
each class. The office 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.
The office may certify the accredited status of local
disaster councils, subject to the requirements of Section 8612.
The Governor shall assign all or part of his or her powers
and duties under this chapter to the Office of Emergency Services.
(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.
(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.
(a) The Office of Emergency Services, 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 office 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 office's school emergency response publication. The office shall
also make the pamphlet or the current edition of the office's school
emergency response publication available to a private elementary or
secondary school upon request.
(c) The office, as soon as feasible, shall make the pamphlet and
the current edition of the office's school emergency response
publication available by electronic means, including, but not limited
to, the Internet.
(a) The Office of Emergency Services, in collaboration with
the California Institute of Technology (Caltech), the California
Geological Survey, the University of California, the United States
Geological Survey, the Alfred E. Alquist Seismic Safety Commission,
and other stakeholders, shall develop a comprehensive statewide
earthquake early warning system in California through a
public-private partnership, which shall include, but not be limited
to, the following features:
(1) Installation of field sensors.
(2) Improvement of field telemetry.
(3) Construction and testing of central processing and
notification centers.
(4) Establishment of warning notification distribution paths to
the public.
(5) Integration of earthquake early warning education with general
earthquake preparedness efforts.
(b) In consultation with stakeholders, the Office of Emergency
Services shall develop an approval mechanism to review compliance
with earthquake early warning standards as they are developed. The
development of the approval mechanism shall include input from a
broad representation of earthquake early warning stakeholders. The
approval mechanism shall accomplish all of the following:
(1) Ensure the standards are appropriate.
(2) Determine the degree to which the standards apply to providers
and components of the system.
(3) Determine methods to ensure compliance with the standards.
(4) Determine requirements for participation in the system.
(c) The Office of Emergency Services shall identify funding for
the system described in subdivision (a) through single or multiple
sources of revenue that shall be limited to federal funds, funds from
revenue bonds, local funds, and funds from private sources. The
Office of Emergency Services shall not identify the General Fund as a
funding source for the purpose of establishing the system described
in subdivision (a), beyond the components or programs that are
currently funded.
(d) Subdivisions (a) and (b) shall not become operative until the
Office of Emergency Services identifies funding pursuant to
subdivision (c).
(e) (1) If funding is not identified pursuant to subdivision (c)
by July 1, 2016, this section is repealed unless a later enacted
statute, that is enacted before January 1, 2017, deletes or extends
that date.
(2) The Office of Emergency Services shall file with the Secretary
of State its determination that funding was not identified pursuant
to subdivision (c) by July 1, 2016.
(a) The Legislature finds and declares that there is a
critical need for a consistent and coordinated approach to seismic
safety and earthquake-related programs in the State of California
through the Governor's Office of Emergency Services. These programs
may include, but are not limited to, earthquake response, recovery,
warning, mitigation, planning, research, preparedness, training and
exercises, hazard grants, public information, and education. This
approach includes the coordination of state agencies and departments
that have responsibilities to monitor and respond to, and to recover
from, earthquakes and to assist the citizens and businesses in
California. In order to facilitate the requirements of Section
8587.8, the Legislature establishes the California Earthquake Safety
Fund within the State Treasury.
(b) (1) The California Earthquake Safety Fund is hereby created in
the State Treasury. Upon appropriation by the Legislature, the
moneys in the fund shall be used for seismic safety and
earthquake-related programs, including the statewide earthquake early
warning system described in Section 8587.8.
(2) Pursuant to subdivision (c) of Section 8587.8, the California
Earthquake Safety Fund may accept federal funds, funds from revenue
bonds, local funds, and funds from private sources for purposes of
carrying out the provisions of this section.
Whenever conditions exist within any region or regions of the
state that 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 director 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 director 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 director.
(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 office 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 office 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 office 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 office 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 office
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.
(a) The office 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 office 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.
(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 Office of
Emergency Services. 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 director 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 director 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 director from charges or fees
imposed in connection with the operation of the institute shall be
deposited in the General Fund.
To promote an increase in the number of trained disaster
search dog teams, the office 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.
(a) The Office of Emergency Services 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 Office of Emergency Services, and
provided to the appropriate state-established mutual-aid region
pursuant to Section 8600.
(c) The Office of Emergency Services shall implement this section
only to the extent that funds are appropriated to the office for this
purpose in the Budget Act or in other legislation.
(a) The director shall establish a Curriculum Development
Advisory Committee to advise the office on the development of course
curricula, as specified by the director.
(b) The committee shall be chaired by the director, who will
appoint members as appropriate. In appointing members to the
committee, the director shall include representatives from the
following:
(1) State public safety, health, first responder, and emergency
services departments or agencies, as deemed appropriate by the
director.
(2) Local first responder agencies.
(3) Local public safety agencies.
(4) Nonprofit organizations, as deemed appropriate by the
director.
(5) Any other state, local, tribal, or nongovernmental
organization determined by the director to be appropriate.
(c) The committee shall consult with the Commission on Peace
Officer Standards and Training.
(a) The office 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 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.
(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.
(a) The director 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 director 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 director 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 director 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.
The Office of Emergency Services shall be permitted the use
of all state and local fair properties as conditions require.
(a) The Office of Emergency Services 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 Office of
Emergency Services 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.
(a) The Office of Emergency Services, 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 Office of
Emergency Services, 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.
(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.
(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.
(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 Office of Emergency Services 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
Office of Emergency Services. The local governmental organization,
utility, or other public or private owner of any dam so designated
shall submit to the Office of Emergency Services 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 Office of
Emergency Services 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 Office of Emergency Services shall
be revised to conform to those recommendations and resubmitted. The
Office of Emergency Services 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 Office of Emergency Services 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 Office of Emergency Services 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 Office of Emergency Services 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 Office of Emergency Services 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 Office of Emergency Services:
(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 Office of
Emergency Services 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
Office of Emergency Services 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
Office of Emergency Services of that development. All waivers shall
be reevaluated every two years by the Office of Emergency Services.
(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.
(a) The Office of Emergency Services 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 Office of
Emergency Services 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.
(a) In carrying out its responsibilities pursuant to
subdivision (b) of Section 8574.17, the Office of Emergency Services
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 Office of
Emergency Services is the only state entity 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 Office of
Emergency Services shall immediately inform the following agencies of
the incident:
(1) For an oil spill reportable pursuant to Section 8670.25.5, the
Office of Emergency Services 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 Office of Emergency
Services 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 Office of Emergency Services 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 Office of
Emergency Services 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 Office of Emergency Services 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 Office of Emergency Services 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 Office of
Emergency Services shall be liable for any failure of the Office of
Emergency Services to make a notification required by this section or
to accurately transmit the information reported.