1540-S2 AMS LGOV S2290.4
 
2SHB 1540 - S COMM AMD 
By Committee on Local Government
Strike everything after the enacting clause and insert the following:
NEW SECTION.  Sec. 1.  "The legislature finds that, as a matter of human dignity, all persons are to be informed of emergency notifications in a language or manner they can understand, to the extent technologically feasible. It is the intent of the legislature that all persons who may be in harm's way in an emergency are informed of their peril, and informed of appropriate actions they should take to protect themselves and their families.
NEW SECTION.  Sec. 2.  A new section is added to chapter 1.20 RCW to read as follows:
When an emergency is proclaimed by the governor, state agencies required by law or rule to provide life safety information shall provide life safety information, to the extent technologically feasible, in a language or manner that can be understood to significant population segments as defined in RCW 38.52.070.
Sec. 3.  RCW 38.52.070 and 1997 c 49 s 4 are each amended to read as follows:
(1) Each political subdivision of this state is hereby authorized and directed to establish a local organization or to be a member of a joint local organization for emergency management in accordance with the state comprehensive emergency management plan and program: PROVIDED, That a political subdivision proposing such establishment shall submit its plan and program for emergency management to the state director and secure his or her recommendations thereon, and verification of consistency with the state comprehensive emergency management plan, in order that the plan of the local organization for emergency management may be coordinated with the plan and program of the state. Local comprehensive emergency management plans must specify the use of the incident command system for multiagency/multijurisdiction operations. No political subdivision may be required to include in its plan provisions for the emergency evacuation or relocation of residents in anticipation of nuclear attack. If the director's recommendations are adverse to the plan as submitted, and, if the local organization does not agree to the director's recommendations for modification to the proposal, the matter shall be referred to the council for final action. The director may authorize two or more political subdivisions to join in the establishment and operation of a joint local organization for emergency management as circumstances may warrant, in which case each political subdivision shall contribute to the cost of emergency management upon such fair and equitable basis as may be determined upon by the executive heads of the constituent subdivisions. If in any case the executive heads cannot agree upon the proper division of cost the matter shall be referred to the council for arbitration and its decision shall be final. When two or more political subdivisions join in the establishment and operation of a joint local organization for emergency management each shall pay its share of the cost into a special pooled fund to be administered by the treasurer of the most populous subdivision, which fund shall be known as the . . . . . . emergency management fund. Each local organization or joint local organization for emergency management shall have a director who shall be appointed by the executive head of the political subdivision, and who shall have direct responsibility for the organization, administration, and operation of such local organization for emergency management, subject to the direction and control of such executive officer or officers. In the case of a joint local organization for emergency management, the director shall be appointed by the joint action of the executive heads of the constituent political subdivisions. Each local organization or joint local organization for emergency management shall perform emergency management functions within the territorial limits of the political subdivision within which it is organized, and, in addition, shall conduct such functions outside of such territorial limits as may be required pursuant to the provisions of this chapter.
(2)(a) Each local organization or joint local organization for emergency management which produces a local comprehensive emergency management plan must include a communication plan for notifying significant population segments of life safety information during an emergency. Local organizations or joint local organizations are encouraged to consult with affected community organizations in the development of the communication plans.
(i) "Significant population segment," for the purposes of this section, means each limited English proficiency language group that constitutes five percent or one thousand people, whichever is fewer, of the population of persons eligible to be served or likely to be affected within a city, town, or county. The office of financial management forecasting division's limited English proficiency population estimates will be the demographic data set for determining eligible limited English proficiency language groups.
(ii) In developing communication plans, local organizations and joint organizations should consider the following four factors: The number or proportion of the limited English proficiency persons eligible to be served or likely to be encountered; the frequency with which limited English proficiency individuals come in contact with the emergency notification; the nature and importance of the emergency notification, service, and/or program to people's lives; and the resources available to the state agency or political subdivision to provide emergency notifications.
(b) Plans produced under (a) of this subsection must be submitted to the Washington military department emergency management division on behalf of the local organization or joint local organization for emergency management that activity supports. Each initial communication plan must be submitted in accordance with the next local emergency management plan update for the local organization or joint local organization. Subsequent plans will be reviewed in accordance with the director's schedule.
(c) Beginning on December 1, 2019, the Washington military department emergency management division must submit a report every five years updating the relevant committee of the legislature regarding communication plan development and implementation progress.
(3) In carrying out the provisions of this chapter each political subdivision, in which any disaster as described in RCW 38.52.020 occurs, shall have the power to enter into contracts and incur obligations necessary to combat such disaster, protecting the health and safety of persons and property, and providing emergency assistance to the victims of such disaster. Each political subdivision is authorized to exercise the powers vested under this section in the light of the exigencies of an extreme emergency situation without regard to time-consuming procedures and formalities prescribed by law (excepting mandatory constitutional requirements), including, but not limited to, budget law limitations, requirements of competitive bidding and publication of notices, provisions pertaining to the performance of public work, entering into contracts, the incurring of obligations, the employment of temporary workers, the rental of equipment, the purchase of supplies and materials, the levying of taxes, and the appropriation and expenditures of public funds.
NEW SECTION.  Sec. 4.  If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 2017, in the omnibus appropriations act, this act is null and void."
2SHB 1540 - S COMM AMD 
By Committee on Local Government
On page 1, line 2 of the title, after "English;" strike the remainder of the title and insert "amending RCW 38.52.070; adding a new section to chapter 1.20 RCW; and creating new sections."
EFFECT: (1) Requires state agencies to provide life safety information, to the extent technologically feasible, in a language or manner that can be understood by significant population segments when an emergency has been proclaimed.
(2) Modifies the definition of "significant population segment" to mean each limited English proficiency (LEP) group that is 5% or 1,000 people, whichever is fewer, of those eligible to be served or likely to be affected.
(3) Specifies that OFM's LEP population estimates will be used to determine eligible language groups.
(4) Provides four criteria that local organizations should consider when developing a communication plan, including the number of LEP persons, the frequency with which LEP persons come in contact with emergency notifications, the nature of the emergency notification, and the resources available to provide emergency notifications.
(5) Requires local organizations to submit communication plans to the Military Department at the next emergency management plan update and requires the Military Department to submit a report to the Legislature every five years regarding communication plan development and implementation progress.
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