Article 5.7 - Firefighting Thermal Imaging Equipment Act of 2001

California Government Code — §§ 8590-8590.4

Sections (12)

Added by Stats. 2001, Ch. 837, Sec. 2. Effective October 13, 2001.

This article shall be known and may be cited as the Firefighting Thermal Imaging Equipment Act of 2001.

Amended by Stats. 2013, Ch. 352, Sec. 155. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.

As used in this article, the following terms have the following meanings:

(a)“Agency” or “office” means the Office of Emergency Services.
(b)“Local agency” means any city, county, city and county, fire district, special district, or joint powers agency that provides fire suppression services. “Local agency” also includes a fire company organized pursuant to Part 4 (commencing with Section 14825) of Division 12 of the Health and Safety Code.
(c)“Secretary” or “director” means the Director of Emergency Services.
(d)“State agency” means any state agency providing residential or institutional fire protection, including, but not limited to, the Department of Forestry and Fire Protection.

Amended by Stats. 2013, Ch. 352, Sec. 156. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.

There is established in the office a thermal imaging equipment purchasing program under which the office shall acquire firefighting thermal imaging equipment on behalf of local and state agencies that are interested in obtaining this equipment.

Amended by Stats. 2013, Ch. 352, Sec. 157. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.

In administering the purchasing program, the director shall do all of the following:

(a)No later than 45 days after the effective date of this article, establish an advisory committee, which shall be comprised of representatives of organizations including, but not limited to, the California Fire Chiefs Association, the Fire Districts Association of California, the California Professional Firefighters, the CDF Firefighters, and the California State Firefighters Association, Inc. The committee shall meet no later than 30 days after all members are appointed.
(b)Consult with the advisory committee regarding equipment specifications and other

matters relating to the acquisition of thermal imaging equipment, and require the advisory committee to formulate specifications no later than 120 days after its initial meeting.

(c)Notify all local and state agencies about the purchasing program, including the opportunity to purchase additional units at the contract price, and determine whether those agencies are interested in obtaining thermal imaging equipment.
(d)Purchase thermal imaging equipment at the lowest possible price from a reliable vendor that meets specified requirements. It is the intent of the Legislature that the director enter into a multiyear contract for this purpose no later than 180 days after the committee formulates specifications pursuant to subdivision (b).
(e)Include a provision in the vendor contract allowing any local or state agency to purchase additional units directly from the vendor at the contract price.
(f)Any local agency that elects to participate in the thermal imaging equipment purchasing program shall pay one-half of the contract price for each piece of equipment purchased on its behalf by the state.

Amended by Stats. 2013, Ch. 352, Sec. 158. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.

(a)The director shall seek funding for the program from the private sector, grant programs, and other appropriate sources.
(b)The director, after consultation with the advisory commission, shall distribute equipment purchased under the program in order to maximize its utilization by firefighters based on consideration of the following factors:
(1)Ability to share or move the equipment to fire locations.
(2)Availability of existing thermal imaging equipment.
(3)Geography.
(4)Need based on frequency of fires.

Added by Stats. 2022, Ch. 48, Sec. 17. (SB 189) Effective June 30, 2022. Inoperative July 1, 2042, pursuant to Section 8590.21. Repealed as of January 1, 2043, pursuant to Section 8590.21.

For purposes of this article, the following definitions apply:

(a)“California Residential Mitigation Program” or “CRMP” means the joint powers authority created in 2012 by agreement between the California Earthquake Authority and the Office of Emergency Services.
(b)“Fund” means the Seismic Retrofitting Program for Soft Story Multifamily Housing Fund.
(c)“Multifamily housing” means a multistory building containing 2 to 20 residential units.
(d)“Program” means the Seismic Retrofitting Program for Soft Story Multifamily Housing.
(e)“Seismic retrofitting” means making a structure more resistant to earthquake shaking and damage.
(f)“Soft story” means a multiunit, wood-frame building with a weak first story that has a high collapse potential due primarily to its soft or weak first-story walls.

Added by Stats. 2022, Ch. 48, Sec. 17. (SB 189) Effective June 30, 2022. Inoperative July 1, 2042, pursuant to Section 8590.21. Repealed as of January 1, 2043, pursuant to Section 8590.21.

(a)The Legislature finds and declares that there exists the California Residential Mitigation Program, also known as the CRMP, a joint powers authority created in 2012 by agreement between the California Earthquake Authority and the Office of Emergency Services.
(b)The Seismic Retrofitting Program for Soft Story Multifamily Housing is hereby established, to be developed and administered as provided in this article, for the purposes of providing financial assistance to owners of soft story multifamily housing for seismic retrofitting to protect individuals living in multifamily housing that have been determined to be at risk of collapse in earthquakes.
(c)The Seismic

Retrofitting Program for Soft Story Multifamily Housing Fund, and its subsidiary account, the Seismic Retrofitting Account, are hereby created within the State Treasury. The Legislature shall appropriate two hundred fifty million dollars ($250,000,000) from the General Fund in the 2023–24 Budget Act to the fund for the purposes of carrying out this article.

(d)Funds appropriated for purposes of the program shall be available for a 10-year performance period. The performance period may be extended by the CRMP on an annual basis until July 1, 2042.

Added by Stats. 2022, Ch. 48, Sec. 17. (SB 189) Effective June 30, 2022. Inoperative July 1, 2042, pursuant to Section 8590.21. Repealed as of January 1, 2043, pursuant to Section 8590.21.

(a)The CRMP shall develop and administer the program in accordance with this article.
(b)The program shall do all of the following:
(1)Encourage cost-effective seismic retrofitting for existing affordable multifamily housing in California.
(2)Provide financial assistance to owners of multifamily housing that have been determined to be at risk of collapse in earthquakes for seismic retrofitting to protect individuals living in multifamily housing.
(3)Prioritize financial assistance to benefit communities with high social vulnerability.
(4)Prioritize financial assistance to owners of multifamily housing in communities with high concentrations of soft story multifamily housing or in areas of high seismicity.
(c)The CRMP shall receive a reasonable amount not to exceed 10 percent of funding under this program to provide technical assistance to cities and local building departments to develop inventories and seismic retrofit programs for multifamily housing in high seismic areas.
(d)The CRMP shall receive reasonable funds, as required, to offset administrative, operational, information technology, and finance costs to administer the program and is prohibited from using funds from policyholders to offset any costs associated with this program.
(e)The CRMP may use up to 5 percent of funds appropriated pursuant to this article to provide technical assistance to municipalities for developing inventories of multifamily housing in high seismic areas to increase eligibility for participation in the program.

Added by Stats. 2022, Ch. 48, Sec. 17. (SB 189) Effective June 30, 2022. Inoperative July 1, 2042, pursuant to Section 8590.21. Repealed as of January 1, 2043, pursuant to Section 8590.21.

(a)The CRMP shall develop criteria and a scoring methodology to prioritize financial assistance provided under the program that consider, but are not limited to considering, all of the following:
(1)An area’s and community’s vulnerability to earthquakes.
(2)The number of low- and moderate-income households residing in the area.
(3)Other factors that lead some populations to experience a greater risk from earthquakes, including socioeconomic characteristics of an area or community such as poverty levels, residents with disabilities, residents experiencing language barriers, residents over 65 or under 5 years

of age, and households without a car.

(b)The CRMP shall develop eligibility criteria for communities and property owners who may receive financial assistance under the seismic retrofitting program in accordance with this article.
(c)The CRMP may make grants to provide incentives for the completion of existing seismic retrofitting projects that qualify under the program.

Added by Stats. 2022, Ch. 48, Sec. 17. (SB 189) Effective June 30, 2022. Inoperative July 1, 2042, pursuant to Section 8590.21. Repealed as of January 1, 2043, pursuant to Section 8590.21.

(a)The CRMP may accept any federal funds granted by an act of Congress or by executive order for any of the purposes of this article.
(b)Administrative expenses of developing and administering the program shall not be paid from a source other than the funds appropriated pursuant to this article.
(c)Moneys in the California Earthquake Authority Fund created under subdivision (b) of Section 10089.22 of the Insurance Code and moneys appropriated to the Office of Emergency Services for purposes unrelated to the program shall not be used for the program.
(d)The CRMP may establish financial assistance limits and

matching funding or other recipient contribution requirements, as necessary, to ensure the viability and efficient operation of the program and to maximize the program’s impact on reducing earthquake risk in California.

Added by Stats. 2022, Ch. 48, Sec. 17. (SB 189) Effective June 30, 2022. Inoperative July 1, 2042, pursuant to Section 8590.21. Repealed as of January 1, 2043, pursuant to Section 8590.21.

(a)By January 1, 2027, and annually thereafter until January 1, 2042, the CRMP shall submit a report to the Legislature pursuant to Section 9795 regarding the implementation of the program. The report shall include, but is not limited to, all of the following:
(1)An evaluation of the cost-effectiveness of the program.
(2)An evaluation of the overall earthquake risk reduction achieved statewide through awards of financial assistance under the program.
(3)Detailed information about the quantity, monetary value, geographic distribution, and categories of awards of financial assistance made under the

program.

(4)Detailed information about the sources and amounts of funds appropriated or granted to the program.
(b)The requirement for submitting a report imposed by this section is inoperative on January 1, 2043, pursuant to Section 10231.5.

Added by Stats. 2022, Ch. 48, Sec. 17. (SB 189) Effective June 30, 2022. Repealed as of January 1, 2043, by its own provisions. Note: Repeal affects Article 5.10 commencing with Section 8590.15.

This article shall become inoperative on July 1, 2042, and, as of January 1, 2043, is repealed.