Jurris.COM

Chapter 12.4. Disaster Recovery Reconstruction Act Of 1986 of California Government Code >> Division 1. >> Title 2. >> Chapter 12.4.

This chapter shall be known and may be cited as the Disaster Recovery Reconstruction Act of 1986.
The Legislature finds and declares that the impact of the Mexico City earthquake disaster of September 19, 1985, has rendered more cogent and compelling the findings of the Legislature set forth in Section 8870, particularly subdivision (c) thereof, and heightened the need for authority for local agencies to engage in effective preevent and postevent activity to accomplish those goals set forth in paragraph (4) of subdivision (b) of Section 8872. It is the intent of this chapter to provide that authority.
It is the purpose of this chapter to authorize, guide, and otherwise enable cities, counties, and other entities to prepare in advance of a disaster, such as a devastating earthquake, for the expeditious and orderly recovery and reconstruction of the community or region.
As used in this chapter:
  (a) "Disaster" means a devastating earthquake or other conditions specified in subdivisions (b) and (c) of Section 8558.
  (b) "Recovery" means the overall short-term and long-term restoration of social, economic, and institutional activity to levels comparable to those which existed prior to the disaster.
  (c) "Reconstruction" means the renovation, replacement, or rebuilding of damaged or destroyed facilities which will enable this recovery to occur.
Each city, county, or other local subdivision of the state, in conjunction with planning activities authorized under Article 5 (commencing with Section 65300) of Chapter 3 of Division 1 of Title 7 and Article 10 (commencing with Section 8610) of Chapter 7 of Division 1 of Title 2 of the Government Code, may prepare, prior to a disaster, plans and ordinances facilitating the expeditious and orderly recovery and reconstruction of the area under its jurisdiction, should a disaster occur. These plans and ordinances may include any of the following:
  (a) An evaluation of the vulnerability of specific areas under its jurisdiction to damage from a potential disaster, together with streamlined procedures for the appropriate modification of existing general plans or zoning ordinances affecting those areas after a disaster.
  (b) A contingency plan of action and organization for short-term and long-term recovery and reconstruction to be instituted after a disaster.
  (c) An ordinance, to be adopted prior to the disaster, which could be invoked as soon as possible after the event and which would provide necessary local authorization for activities designated under subdivisions (a) and (b). These plans and ordinances may include the authority and proposed organization for establishment of a local reconstruction authority with powers parallel to those of a community redevelopment agency, except that the reconstruction authority would be authorized to operate beyond the confines of designated redevelopment areas and would have financing sources other than tax increment sources. The plans and organizational arrangements may be made separately or jointly by formal cooperative arrangements with other local entities.
Each city, county, or other local subdivision of the state may take such actions as are necessary to assure the orderly transition from emergencies declared under subdivision (b) or (c) of Section 8558 to a systematic program of short-term and long-term recovery and reconstruction, including, but not limited to, any of the following:
  (a) Activate the ordinances, plans, and organizational arrangements made prior to the disaster, including the establishment of a reconstruction authority as specified by ordinance.
  (b) Coordinate these actions with those taken under other provisions of law governing a declared emergency.
  (c) Identify areas where substantial damage or destruction has occurred.
  (d) Review and recommend modifications to the governing body of recovery and reconstruction plans adopted prior to the disaster.
  (e) Determine appropriate methods of financing of activities undertaken by the reconstruction authority, including postevent funding sources both public and private. These actions may be taken separately or jointly through cooperative arrangements made with other entities.