California AB 478

Existing law, the California Emergency Services Act, provides that political subdivisions, as defined, have full power during a local emergency to provide mutual aid to any affected area in accordance with local ordinances, resolutions, emergency plans, or agreements. Existing law defines "emergency plan" for these purposes to mean official and approved documents that describe the principles and methods to be applied in carrying out emergency operations or rendering mutual aid during emergencies. Existing law requires that a county send a copy of its emergency plan to the Office of Emergency Services upon an update to the plan. Existing law requires a city or county to make available to the public by posting on its internet website information for pet emergency preparedness, including, but not limited to, information for creating an evacuation plan and emergency checklist for pets consistent with recommendations publicly published by the Department of Food and Agriculture and the Federal Emergency Management Agency. This bill, upon the next update to a city's or county's emergency plan, would require a city or county to update its emergency plan to designate procedures for the rescue of a pet, as defined, from an area subject to an evacuation order, as defined, subject to approval by the incident commander in coordination with the emergency management authority, that at the time of the evacuation the pet's owner believed to be alive. The bill would require that the procedures establish timelines or conditions in which rescues can occur as safely as possible. The bill would specify that nothing in these provisions is to be construed to grant any person the absolute right to reenter an evacuation zone, and would require all reentry to be subject to incident conditions and approval by the designated incident commander in coordination with the emergency management authority. The bill, upon the next update to a city's or county's emergency plan, would also require a city or county to update its emergency plan to designate a person or entity for a person with a residence in an area subject to an evacuation order to call if the person is in need of information regarding pets during an evacuation, as specified. This bill would require a city or county to make available to the public by posting on its internet website, among other things, contact information for the above-described person or entity designated to provide information regarding evacuating pets during an evacuation. This bill would prohibit a pet rescued or originating from an area subject to an evacuation order, as defined, from being made available for adoption, euthanized, or transferred out of the custody of the local animal control agency or its in-state partner animal shelters, animal rescues, or animal fosters for at least 30 days, except as specified. The bill would authorize a local animal control agency to transfer a pet to its in-state partners during the 30-day period if the local animal control agency maintains records of the location of the pet in order to facilitate owner reunification. After the 30-day period has passed, the bill would prohibit the pet from being euthanized if an animal rescue organization has previously notified the local animal control agency of their willingness to take custody of the pet and completes that transfer upon the conclusion of the 30-day period. By imposing new duties on local government agencies, the bill would create 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.