Bill Text: CA AB2730 | 2019-2020 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Access and functional needs: local government: agreement for emergency management and transportation.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2020-09-29 - Chaptered by Secretary of State - Chapter 256, Statutes of 2020. [AB2730 Detail]
Download: California-2019-AB2730-Amended.html
An act relating to emergency services. An act to amend Section 8593.3 of the Government Code, relating to emergency services.
NOYES
Local Program:
NOYES
SECTION 1.
Bill Title: Access and functional needs: local government: agreement for emergency management and transportation.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2020-09-29 - Chaptered by Secretary of State - Chapter 256, Statutes of 2020. [AB2730 Detail]
Download: California-2019-AB2730-Amended.html
|
Amended
IN
Assembly
May 04, 2020 |
CALIFORNIA LEGISLATURE—
2019–2020 REGULAR SESSION
Assembly Bill
No. 2730
| Introduced by Assembly Member Cervantes |
February 20, 2020 |
LEGISLATIVE COUNSEL'S DIGEST
AB 2730, as amended, Cervantes.
Paratransit providers. Access and functional needs: local government: agreement for emergency management, transportation, and paratransit services.
Existing law requires a county, including a city and county, to, upon the next update to its emergency plan, integrate access and functional needs into its emergency plan by addressing, at a minimum, how the access and functional needs population, as defined, is served by emergency communications, emergency evacuation, and emergency sheltering. Existing law also requires that a county, or city and county, include representatives from the access and functional needs population when making this update.
This bill would require a regional transit district, county transportation commission, or other local transportation authority that provides paratransit services
to enter into an agreement with adjacent regional transit districts, county transportation commissions, or local transportation authorities, upon request of the adjacent district, commission, or authority, for purposes of permitting the adjacent district, commission, or authority to borrow, for compensation, paratransit vehicles and drivers in the event of an emergency that requires the evacuation and relocation of the access and functional needs population in the jurisdiction or service area of the adjacent district, commission, or authority. The bill would also require a county, including a city and county, to enter into an agreement with an adjacent county, upon the request of the adjacent county, for purposes of permitting the adjacent county to borrow, for compensation, the county’s emergency management and transportation services in the event of an emergency that requires the evacuation and relocation of the access and functional needs population in the adjacent county. The bill would provide that an
adjacent county means a county within the same standard metropolitan statistical area, as established by the United States Office of Management and Budget.
This bill would provide that a regional transit district, county transportation commission, local transportation authority, county, or city and county is required to enter into an agreement described above within 2 years of a request for the agreement. The bill would require a county, including a city and county, that enters into an agreement pursuant to these provisions to integrate the agreement into its emergency plan within 90 days of entering into the agreement. By imposing new duties on local government officials, the bill would impose a state-mandated local program.
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.
Existing law defines a paratransit vehicle as a passenger vehicle, except as provided, that is operated for hire by a business, nonprofit organization, or the state, or a political subdivision of the state utilizing drivers who receive compensation for their services and who spend a majority of their workweek operating a passenger vehicle and that is regularly used to provide transportation services to specified individuals, including, but not limited to, persons with a developmental disability. Existing law requires the Department of Transportation to provide technical assistance to paratransit providers who may wish to explore coordination strategies but lack the capability to develop and implement those strategies. Existing law required, on or before July 31, 2015, the Office of Emergency Services to update the State Emergency Plan to include proposed best practices for local
governments and nongovernmental entities to use to mobilize and evacuate people with disabilities and others with access and functional needs during an emergency or natural disaster.
This bill would express the intent of the Legislature to enact legislation that would establish memoranda of understanding and mutual aid agreements with paratransit providers to aid in the evacuation of the access and functional needs population in an emergency.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 8593.3 of the Government Code is amended to read:8593.3.
(a) A county, including a city and county, shall, upon the next update to its emergency plan, integrate access and functional needs into its emergency plan by addressing, at a minimum, how the access and functional needs population is served by the following:(1) Emergency communications, including the integration of interpreters, translators, and assistive technology.
(2) Emergency evacuation, including the identification of transportation resources and resources that are compliant with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.) for individuals who are dependent on public transportation.
(3) Emergency sheltering, including ensuring that designated shelters are compliant with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.) or can be made compliant through modification and that showers and bathrooms are fully accessible to all occupants.
(b) For purposes of this section, the “access and functional needs population” consists of individuals who have developmental or intellectual disabilities, physical disabilities, chronic conditions, injuries, limited English proficiency or who are non-English speaking, seniors, children, people living in institutionalized settings, or those who are low income, homeless, or transportation disadvantaged, including, but not limited to, those who are dependent on public transit or those who are pregnant.
(c) A county, or city and county, upon the next update to its emergency plan,
regarding the integration of access and functional needs into that emergency plan, shall include representatives from the access and functional needs population, pursuant to subdivision (b), including, but not limited to, social service agencies, nonprofit organizations, and transportation providers.
(d) (1) A regional transit district, county transportation commission, or other local transportation authority that provides paratransit services shall enter into an agreement with adjacent regional transit districts, county transportation commissions, or other local transportation authorities, upon request of the adjacent district, commission, or authority, for purposes of permitting the adjacent district, commission, or authority to borrow, for compensation, paratransit vehicles and drivers in the event of an emergency that requires the
evacuation and relocation of the access and functional needs population in the jurisdiction or service area of the adjacent district, commission, or authority.
(2) (A) A county, including a city and county, shall enter into an agreement with an adjacent county, upon the request of the adjacent county, for purposes of permitting the adjacent county to borrow, for compensation, the county’s emergency management and transportation services in the event of an emergency that requires the evacuation and relocation of the access and functional needs population in the adjacent county.
(B) For purposes of this paragraph, “adjacent county” means a county within the same standard metropolitan statistical area, as established by the United States Office of Management and Budget.
(3) A regional transit
district, county transportation commission, local transportation authority, county, or city and county shall enter into an agreement required by this subdivision within two years of a request for the agreement.
(4) A county, including a city and county, shall integrate an agreement entered into pursuant to paragraph (1) or (2) into its emergency plan within 90 days of entering into the agreement.
SEC. 2.
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.It is the intent of the Legislature to enact legislation that would establish memoranda of understanding and mutual aid agreements with paratransit providers to aid in the evacuation of the access and functional needs population in an emergency.
