During the statewide COVID-19 emergency, cities, special districts, school districts, and other local public agencies should coordinate their emergency response efforts with two key goals in mind: (1) ensuring that available resources are efficiently utilized and critical emergency-related information is timely disseminated to their constituents, and (2) ensuring recovery of available disaster relief funds from state and federal agencies. Below are some frequently asked questions about California’s emergency response laws and procedures.

What are the laws in California that govern emergency response operations by local governments?

To facilitate the orderly flow of emergency-related information and resources to the public, California has adopted the Standardized Emergency Management System (“SEMS”). Government Code section 8607 requires local governments to follow SEMS procedures. The State of California Emergency Plan, which is prepared and updated by the Governor’s Office of Emergency Services (“Cal OES”) and provides a comprehensive overview of the SEMS procedures, can be found here.

How does SEMS work and what must local governments do to comply?

Generally speaking, the purpose SEMS is to allow for government agencies at all levels statewide to share and distribute information effectively and organize their actions to maximize their emergency response operations. Following SEMS procedures, Cal OES oversees and administers emergency response efforts through five organizational levels: state, regional, operational area, local, and field. Cal OES is most directly involved at the state and regional levels, and the county offices of emergency services oversee resources and information at the operational area level. “Operational areas” under SEMS are the counties and all political subdivisions within them, including cities, special districts, and school districts.

What is an EOC?

Under SEMS procedures, the county operational areas are required to activate and maintain Emergency Operational Centers (“EOCs”), which operate as headquarters to facilitate all emergency response, business continuity, and communications activities in one place. EOCs are activated at three levels based on staffing needs relative to the nature of the emergency. Level Three is a minimum activation used for situations that require only a few people, such as monitoring a general threat that has not yet resulted in an incident. Level One, by contrast, is the highest staffing level and is used for a major event in progress. Finally, Level Two is the intermediate level, where the emergency situation is new or evolving and has not risen to a level demanding Level Three activation. Many operational area EOCs in the state at this time are operating at Level Two, although some counties with larger numbers of COVID-19 cases have activated Level One.

Are local governments required to activate an EOC?

No. EOCs are only required at the county operational area level.

How would activating an EOC benefit local governments?

Although they are not required to do so, cities and special districts could consider activating an EOC at the local level during the COVID-19 state of emergency to better organize their efforts to allocate resources locally and ensure that all residents receive the latest information in real time directly from their local officials first, rather than county or state officials or the media. City Managers and City Administrators can appoint an EOC “commander” who would serve as the point of contact with Cal OES, county operational area EOCs, and law enforcement and public health personnel, and who would oversee the distribution of updated information to the local community.

Also a local EOC could designate a point person or team to oversee efforts to seek disaster relief assistance funds from state and federal agencies. This can be a time-consuming and complicated process. Among other things, cities and special districts must gather and organize the necessary documentation of emergency-related expenses, complete and timely submit the required forms for both Cal OES and the U.S. Federal Emergency Management Agency (“FEMA”), and communicate on a regular basis with the operational area EOCs and regional Cal OES contacts as needed to keep updated on the latest procedures and handle any audit requests.

For a step-by-step guide to registering with FEMA to receive disaster assistance, see our client alert, “Public Agencies May Apply for Public Assistance from FEMA: Eligible Expenses and Procedures,” available at whitebrennerllp.com/covid-info.

How would a city or special district activate an EOC?

There are no strict rules for setting up or staffing an EOC at the local government level – it can be an individual or a team, depending on the needs and available resources of the particular city or special district. However, cities activating their own EOCs are still required to cooperate with the operational area EOCs under SEMS procedures in order to qualify for disaster relief assistance. In other words, SEMS compliance is still required regardless of whether a city chooses to activate its own EOC.

How can a city or special district apply for disaster relief assistance?

Regardless of whether it activates an EOC, any local government may apply directly to FEMA for assistance. Cities and special districts with FEMA accounts that have not yet submitted a Request for Public Assistance (“RPA”) form through FEMA’s online Public Assistance Grant Portal (located here) are urged to do so as soon as possible to begin the public assistance process. Cities and special districts without a FEMA account should email Cal OES at disasterrecovery@caloes.ca.gov and provide the following information in the email: (i) subject; (ii) name of the public agency; (iii) name of contact person; (iv) phone number; and (v) email address. Cal OES will set up the account so the city or special district may submit an RPA, and add the applicant agency’s contact information to the information distribution list to receive all updates regarding the registration and application process through emails and periodic conference calls.

If you have any questions or concerns, you are welcome to contact the offices of Churchwell White at (916) 468-0950, or email Douglas White at Doug@whitebrennerllp.com, Barbara Brenner at Barbara@whitebrennerllp.com, or Nubia Goldstein at Nubia@whitebrennerllp.com.