BerkeleyLaw Library

"The key emergency management and homeland security statutes for the state of California include the Emergency Services Act, the Disaster Recovery Reconstruction Act and the Disaster Assistance Act. These statutes allow the governor to declare an emergency, provide funds to small businesses and residents for disaster recovery, plan for and mitigate the effects of disasters, and establish a process for the continuation of government should gubernatorial or legislative vacancies occur as the result of a disaster. Although California is not a member of the Emergency Management Assistance Compact the legislature has enacted intrastate mutual aid agreements; the governor has authority to enter into interstate agreements. Other statutes address issues such as disaster dog teams, state employees volunteering for emergency service and agricultural terrorism."—Summary.

"To a considerable extent, state statutory authorities appear to be relatively uniform. All state statutes provide considerable discretionary authority to the governor in emergency situations. Also, since federal law requires or encourages certain actions, all states have enacted similar laws in some areas, such as the establishment of state and local entities with responsibility for hazardous material or chemical incidents or the acceptance of federal disaster assistance. Some differences exist among the state authorities, such as the types, amount, and conditions under which aid is to be provided to disaster victims. Also, some states have enacted provisions to ensure that nonfederal funds are made available for preparedness or recovery, while others rely upon federal sources, with state funds authorized to meet cost share requirements."—Summary.