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1 | + | Amended IN Assembly March 24, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 478Introduced by Assembly Member ZburFebruary 10, 2025An act to amend Section 50022.9 of add Sections 8593.11 and 53074.1 to the Government Code, relating to local government. LEGISLATIVE COUNSEL'S DIGESTAB 478, as amended, Zbur. Local government. Accessibility to emergency information and services: mandatory evacuation areas: pets.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 or countys emergency plan, would require a city or county to update its emergency plan to designate procedures for a person with a residence in a mandatory evacuation area or their designated representative to be able to rescue a pet, as defined, that at the time of the evacuation was alive. The bill, upon the next update to a city or countys 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 a mandatory evacuation area to call if the person is in need of assistance with pets during and after an evacuation, as specified.This bill would require a city or county to make available to the public by posting on its internet website contact information for the above-described persons or entities designated to assist persons with residences in mandatory evacuation area and resources for persons who need assistance reuniting with pets rescued from mandatory evacuation areas.This bill would prohibit a pet rescued or originating from a mandatory evacuation area from being made available for adoption, euthanized, or transferred out of the custody of the local animal control agency for at least 90 days, except as specified. After the 90-day period has passed, the bill would prohibit the pet from being euthanized or transferred out of the custody of the local animal control agency unless all local rescue and foster partners have been notified and given an opportunity to take custody of the pet.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.Existing law generally regulates the governance of cities, counties, and cities and counties. Existing law authorizes a city to enact ordinances that adopt by reference county ordinances, codes, or any parts of and amendments to those county ordinances or codes by complying with specified requirements. This bill would make nonsubstantive changes to that provision. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NOYES Bill TextThe people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares the following:(a) During evacuations, many animals are left behind due to a variety of reasons, including owners not being at home at the time the evacuation order is given, lack of equipment needed to evacuate their animals, or difficulty in capturing them in time.(b) While animals are legally categorized as property, most people view them as family members and, as such, are determined to save them.(c) During the recent fires in Southern California, some jurisdictions lacked a coordinated procedure or central authority to facilitate animal rescues, leaving volunteers and rescue groups to respond to pet owners pleas to return to their residences, often by gaining access through unofficial means.(d) The Pets Evacuation and Transportation Standards (PETS) Act of 2006 was passed at the federal level, which requires state and local emergency plans to account for the needs of pets and service animals during disasters.(e) The Legislature has taken steps to protect pets and their guardians in disasters, including by passing Assembly Bill 1648 of the 202122 Regular Session of the Legislature, which mandates that all kennel permitholders submit evacuation plans as a condition of the permit, and Assembly Bill 781 of the 202324 Regular Session of the Legislature, which requires emergency plans to include at least one animal-friendly shelter.SEC. 2. Section 8593.11 is added to the Government Code, to read:8593.11. (a) For the purposes of this section, pet means an animal, including a dog, cat, rabbit, rodent, reptile, amphibian, fish, bird, or other species of animal, kept for the purpose of being a household pet.(b) Upon the next update of a city or countys emergency plan:(1) (A) A city or county shall update its emergency plan to designate procedures for a person with a residence in a mandatory evacuation area or their designated representative to be able to rescue a pet that at the time of the evacuation was alive.(B) A city or county may require a person with a residence in a mandatory evacuation area or their designated representative to sign a liability waiver before the person returns to the residence in accordance with the procedures required by subparagraph (A).(C) Except as provided in the procedures required by subparagraph (A), this paragraph does not give a person with a residence in a mandatory evacuation area the right to return to their residence in the evacuation area.(2) A city or county shall update its emergency plan to designate a person or entity for a person with a residence in an evacuation area or their designated representative to call if the person is in need of assistance with evacuating pets during a mandatory evacuation.(3) A city or county shall update its emergency plan to designate a person or entity for a person with a residence in an evacuation area or their designated representative to call if the persons pet was left in a mandatory evacuation area and the person is in need of assistance retrieving that pet.(c) A city or county shall make available to the public by posting on its internet website information, including, but not limited to:(1) Contact information for the persons or entities designated to assist with pets during and after evacuations in paragraphs (2) and (3) of subdivision (b).(2) Resources for persons who need assistance reuniting with pets rescued from mandatory evacuation areas, including a list of animals rescued from the evacuated areas that is linked on the home page of the city or countys internet website.SEC. 3. Section 53074.1 is added to the Government Code, to read:53074.1. (a) For purposes of this section, pet means an animal, including a dog, cat, rabbit, rodent, reptile, amphibian, fish, bird, or other species of animal, kept for the purpose of being a household pet.(b) (1) A pet rescued or originating from a mandatory evacuation area, that would otherwise be eligible for adoption, shall not be made available for adoption, euthanized, or transferred out of the custody of the local animal control agency for at least 90 days.(2) After the 90-day period has passed, a pet described in paragraph (1) shall not be euthanized or transferred out of the custody of the local animal control agency unless all local rescue and foster partners have been notified and given an opportunity to take custody of the pet.(c) This section does not apply to a pet that is irremediably suffering.SEC. 4. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.SECTION 1.Section 50022.9 of the Government Code is amended to read:50022.9.A city may enact ordinances that adopt by reference county ordinances, codes, or any parts thereof and any amendments thereto by complying with this article. | |
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3 | + | Amended IN Assembly March 24, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 478Introduced by Assembly Member ZburFebruary 10, 2025An act to amend Section 50022.9 of add Sections 8593.11 and 53074.1 to the Government Code, relating to local government. LEGISLATIVE COUNSEL'S DIGESTAB 478, as amended, Zbur. Local government. Accessibility to emergency information and services: mandatory evacuation areas: pets.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 or countys emergency plan, would require a city or county to update its emergency plan to designate procedures for a person with a residence in a mandatory evacuation area or their designated representative to be able to rescue a pet, as defined, that at the time of the evacuation was alive. The bill, upon the next update to a city or countys 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 a mandatory evacuation area to call if the person is in need of assistance with pets during and after an evacuation, as specified.This bill would require a city or county to make available to the public by posting on its internet website contact information for the above-described persons or entities designated to assist persons with residences in mandatory evacuation area and resources for persons who need assistance reuniting with pets rescued from mandatory evacuation areas.This bill would prohibit a pet rescued or originating from a mandatory evacuation area from being made available for adoption, euthanized, or transferred out of the custody of the local animal control agency for at least 90 days, except as specified. After the 90-day period has passed, the bill would prohibit the pet from being euthanized or transferred out of the custody of the local animal control agency unless all local rescue and foster partners have been notified and given an opportunity to take custody of the pet.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.Existing law generally regulates the governance of cities, counties, and cities and counties. Existing law authorizes a city to enact ordinances that adopt by reference county ordinances, codes, or any parts of and amendments to those county ordinances or codes by complying with specified requirements. This bill would make nonsubstantive changes to that provision. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NOYES | |
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5 | - | Amended IN Assembly April 21, 2025 Amended IN Assembly March 24, 2025 | |
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7 | - | Amended IN Assembly April 21, 2025 | |
8 | 5 | Amended IN Assembly March 24, 2025 | |
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7 | + | Amended IN Assembly March 24, 2025 | |
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12 | 9 | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION | |
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14 | 11 | Assembly Bill | |
15 | 12 | ||
16 | 13 | No. 478 | |
17 | 14 | ||
18 | 15 | Introduced by Assembly Member ZburFebruary 10, 2025 | |
19 | 16 | ||
20 | 17 | Introduced by Assembly Member Zbur | |
21 | 18 | February 10, 2025 | |
22 | 19 | ||
23 | - | ||
24 | - | ||
25 | - | An act to add Sections 8593.11 and 53074.1 to the Government Code, relating to local government. | |
20 | + | An act to amend Section 50022.9 of add Sections 8593.11 and 53074.1 to the Government Code, relating to local government. | |
26 | 21 | ||
27 | 22 | LEGISLATIVE COUNSEL'S DIGEST | |
28 | 23 | ||
29 | 24 | ## LEGISLATIVE COUNSEL'S DIGEST | |
30 | 25 | ||
31 | - | AB 478, as amended, Zbur. Accessibility to emergency information and services: mandatory evacuation areas: | |
26 | + | AB 478, as amended, Zbur. Local government. Accessibility to emergency information and services: mandatory evacuation areas: pets. | |
32 | 27 | ||
33 | - | 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 or countys emergency plan, would require a city or county to update its emergency plan to designate procedures for a person with a residence in a mandatory evacuation area or their designated representative | |
28 | + | 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 or countys emergency plan, would require a city or county to update its emergency plan to designate procedures for a person with a residence in a mandatory evacuation area or their designated representative to be able to rescue a pet, as defined, that at the time of the evacuation was alive. The bill, upon the next update to a city or countys 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 a mandatory evacuation area to call if the person is in need of assistance with pets during and after an evacuation, as specified.This bill would require a city or county to make available to the public by posting on its internet website contact information for the above-described persons or entities designated to assist persons with residences in mandatory evacuation area and resources for persons who need assistance reuniting with pets rescued from mandatory evacuation areas.This bill would prohibit a pet rescued or originating from a mandatory evacuation area from being made available for adoption, euthanized, or transferred out of the custody of the local animal control agency for at least 90 days, except as specified. After the 90-day period has passed, the bill would prohibit the pet from being euthanized or transferred out of the custody of the local animal control agency unless all local rescue and foster partners have been notified and given an opportunity to take custody of the pet.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.Existing law generally regulates the governance of cities, counties, and cities and counties. Existing law authorizes a city to enact ordinances that adopt by reference county ordinances, codes, or any parts of and amendments to those county ordinances or codes by complying with specified requirements. This bill would make nonsubstantive changes to that provision. | |
34 | 29 | ||
35 | 30 | 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. | |
36 | 31 | ||
37 | 32 | 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. | |
38 | 33 | ||
39 | - | This bill, upon the next update to a city or countys emergency plan, would require a city or county to update its emergency plan to designate procedures for a person with a residence in a mandatory evacuation area or their designated representative | |
34 | + | This bill, upon the next update to a city or countys emergency plan, would require a city or county to update its emergency plan to designate procedures for a person with a residence in a mandatory evacuation area or their designated representative to be able to rescue a pet, as defined, that at the time of the evacuation was alive. The bill, upon the next update to a city or countys 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 a mandatory evacuation area to call if the person is in need of assistance with pets during and after an evacuation, as specified. | |
40 | 35 | ||
41 | - | This bill would require a city or county to make available to the public by posting on its internet website contact information for the above-described persons or entities designated to assist persons with residences in mandatory evacuation area | |
36 | + | This bill would require a city or county to make available to the public by posting on its internet website contact information for the above-described persons or entities designated to assist persons with residences in mandatory evacuation area and resources for persons who need assistance reuniting with pets rescued from mandatory evacuation areas. | |
42 | 37 | ||
43 | - | This bill would prohibit a pet rescued or originating from a mandatory evacuation area | |
38 | + | This bill would prohibit a pet rescued or originating from a mandatory evacuation area from being made available for adoption, euthanized, or transferred out of the custody of the local animal control agency for at least 90 days, except as specified. After the 90-day period has passed, the bill would prohibit the pet from being euthanized or transferred out of the custody of the local animal control agency unless all local rescue and foster partners have been notified and given an opportunity to take custody of the pet. | |
44 | 39 | ||
45 | 40 | By imposing new duties on local government agencies, the bill would create a state-mandated local program. | |
46 | 41 | ||
47 | 42 | 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. | |
48 | 43 | ||
49 | 44 | 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. | |
50 | 45 | ||
46 | + | Existing law generally regulates the governance of cities, counties, and cities and counties. Existing law authorizes a city to enact ordinances that adopt by reference county ordinances, codes, or any parts of and amendments to those county ordinances or codes by complying with specified requirements. | |
47 | + | ||
48 | + | ||
49 | + | ||
50 | + | This bill would make nonsubstantive changes to that provision. | |
51 | + | ||
52 | + | ||
53 | + | ||
51 | 54 | ## Digest Key | |
52 | 55 | ||
53 | 56 | ## Bill Text | |
54 | 57 | ||
55 | - | The people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares the following:(a) During evacuations, many animals are left behind due to a variety of reasons, including owners not being at home at the time the evacuation order is given, lack of equipment needed to evacuate their animals, or difficulty in capturing them in time.(b) While animals are legally categorized as property, most people view them as family members and, as such, are determined to save them.(c) During the recent fires in Southern California, some jurisdictions lacked a coordinated procedure or central authority to facilitate animal rescues, leaving volunteers and rescue groups to respond to pet owners pleas to return to their residences, often by gaining access through unofficial means.(d) The Pets Evacuation and Transportation Standards (PETS) Act of 2006 was passed at the federal level, which requires state and local emergency plans to account for the needs of pets and service animals during disasters.(e) The Legislature has taken steps to protect pets and their guardians in disasters, including by passing Assembly Bill 1648 of the 202122 Regular Session of the Legislature, which mandates that all kennel permitholders submit evacuation plans as a condition of the permit, and Assembly Bill 781 of the 202324 Regular Session of the Legislature, which requires emergency plans to include at least one animal-friendly shelter.SEC. 2. Section 8593.11 is added to the Government Code, to read:8593.11. (a) For the purposes of this section, pet | |
58 | + | The people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares the following:(a) During evacuations, many animals are left behind due to a variety of reasons, including owners not being at home at the time the evacuation order is given, lack of equipment needed to evacuate their animals, or difficulty in capturing them in time.(b) While animals are legally categorized as property, most people view them as family members and, as such, are determined to save them.(c) During the recent fires in Southern California, some jurisdictions lacked a coordinated procedure or central authority to facilitate animal rescues, leaving volunteers and rescue groups to respond to pet owners pleas to return to their residences, often by gaining access through unofficial means.(d) The Pets Evacuation and Transportation Standards (PETS) Act of 2006 was passed at the federal level, which requires state and local emergency plans to account for the needs of pets and service animals during disasters.(e) The Legislature has taken steps to protect pets and their guardians in disasters, including by passing Assembly Bill 1648 of the 202122 Regular Session of the Legislature, which mandates that all kennel permitholders submit evacuation plans as a condition of the permit, and Assembly Bill 781 of the 202324 Regular Session of the Legislature, which requires emergency plans to include at least one animal-friendly shelter.SEC. 2. Section 8593.11 is added to the Government Code, to read:8593.11. (a) For the purposes of this section, pet means an animal, including a dog, cat, rabbit, rodent, reptile, amphibian, fish, bird, or other species of animal, kept for the purpose of being a household pet.(b) Upon the next update of a city or countys emergency plan:(1) (A) A city or county shall update its emergency plan to designate procedures for a person with a residence in a mandatory evacuation area or their designated representative to be able to rescue a pet that at the time of the evacuation was alive.(B) A city or county may require a person with a residence in a mandatory evacuation area or their designated representative to sign a liability waiver before the person returns to the residence in accordance with the procedures required by subparagraph (A).(C) Except as provided in the procedures required by subparagraph (A), this paragraph does not give a person with a residence in a mandatory evacuation area the right to return to their residence in the evacuation area.(2) A city or county shall update its emergency plan to designate a person or entity for a person with a residence in an evacuation area or their designated representative to call if the person is in need of assistance with evacuating pets during a mandatory evacuation.(3) A city or county shall update its emergency plan to designate a person or entity for a person with a residence in an evacuation area or their designated representative to call if the persons pet was left in a mandatory evacuation area and the person is in need of assistance retrieving that pet.(c) A city or county shall make available to the public by posting on its internet website information, including, but not limited to:(1) Contact information for the persons or entities designated to assist with pets during and after evacuations in paragraphs (2) and (3) of subdivision (b).(2) Resources for persons who need assistance reuniting with pets rescued from mandatory evacuation areas, including a list of animals rescued from the evacuated areas that is linked on the home page of the city or countys internet website.SEC. 3. Section 53074.1 is added to the Government Code, to read:53074.1. (a) For purposes of this section, pet means an animal, including a dog, cat, rabbit, rodent, reptile, amphibian, fish, bird, or other species of animal, kept for the purpose of being a household pet.(b) (1) A pet rescued or originating from a mandatory evacuation area, that would otherwise be eligible for adoption, shall not be made available for adoption, euthanized, or transferred out of the custody of the local animal control agency for at least 90 days.(2) After the 90-day period has passed, a pet described in paragraph (1) shall not be euthanized or transferred out of the custody of the local animal control agency unless all local rescue and foster partners have been notified and given an opportunity to take custody of the pet.(c) This section does not apply to a pet that is irremediably suffering.SEC. 4. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.SECTION 1.Section 50022.9 of the Government Code is amended to read:50022.9.A city may enact ordinances that adopt by reference county ordinances, codes, or any parts thereof and any amendments thereto by complying with this article. | |
56 | 59 | ||
57 | 60 | The people of the State of California do enact as follows: | |
58 | 61 | ||
59 | 62 | ## The people of the State of California do enact as follows: | |
60 | 63 | ||
61 | 64 | SECTION 1. The Legislature finds and declares the following:(a) During evacuations, many animals are left behind due to a variety of reasons, including owners not being at home at the time the evacuation order is given, lack of equipment needed to evacuate their animals, or difficulty in capturing them in time.(b) While animals are legally categorized as property, most people view them as family members and, as such, are determined to save them.(c) During the recent fires in Southern California, some jurisdictions lacked a coordinated procedure or central authority to facilitate animal rescues, leaving volunteers and rescue groups to respond to pet owners pleas to return to their residences, often by gaining access through unofficial means.(d) The Pets Evacuation and Transportation Standards (PETS) Act of 2006 was passed at the federal level, which requires state and local emergency plans to account for the needs of pets and service animals during disasters.(e) The Legislature has taken steps to protect pets and their guardians in disasters, including by passing Assembly Bill 1648 of the 202122 Regular Session of the Legislature, which mandates that all kennel permitholders submit evacuation plans as a condition of the permit, and Assembly Bill 781 of the 202324 Regular Session of the Legislature, which requires emergency plans to include at least one animal-friendly shelter. | |
62 | 65 | ||
63 | 66 | SECTION 1. The Legislature finds and declares the following:(a) During evacuations, many animals are left behind due to a variety of reasons, including owners not being at home at the time the evacuation order is given, lack of equipment needed to evacuate their animals, or difficulty in capturing them in time.(b) While animals are legally categorized as property, most people view them as family members and, as such, are determined to save them.(c) During the recent fires in Southern California, some jurisdictions lacked a coordinated procedure or central authority to facilitate animal rescues, leaving volunteers and rescue groups to respond to pet owners pleas to return to their residences, often by gaining access through unofficial means.(d) The Pets Evacuation and Transportation Standards (PETS) Act of 2006 was passed at the federal level, which requires state and local emergency plans to account for the needs of pets and service animals during disasters.(e) The Legislature has taken steps to protect pets and their guardians in disasters, including by passing Assembly Bill 1648 of the 202122 Regular Session of the Legislature, which mandates that all kennel permitholders submit evacuation plans as a condition of the permit, and Assembly Bill 781 of the 202324 Regular Session of the Legislature, which requires emergency plans to include at least one animal-friendly shelter. | |
64 | 67 | ||
65 | 68 | SECTION 1. The Legislature finds and declares the following: | |
66 | 69 | ||
67 | 70 | ### SECTION 1. | |
68 | 71 | ||
69 | 72 | (a) During evacuations, many animals are left behind due to a variety of reasons, including owners not being at home at the time the evacuation order is given, lack of equipment needed to evacuate their animals, or difficulty in capturing them in time. | |
70 | 73 | ||
71 | 74 | (b) While animals are legally categorized as property, most people view them as family members and, as such, are determined to save them. | |
72 | 75 | ||
73 | 76 | (c) During the recent fires in Southern California, some jurisdictions lacked a coordinated procedure or central authority to facilitate animal rescues, leaving volunteers and rescue groups to respond to pet owners pleas to return to their residences, often by gaining access through unofficial means. | |
74 | 77 | ||
75 | 78 | (d) The Pets Evacuation and Transportation Standards (PETS) Act of 2006 was passed at the federal level, which requires state and local emergency plans to account for the needs of pets and service animals during disasters. | |
76 | 79 | ||
77 | 80 | (e) The Legislature has taken steps to protect pets and their guardians in disasters, including by passing Assembly Bill 1648 of the 202122 Regular Session of the Legislature, which mandates that all kennel permitholders submit evacuation plans as a condition of the permit, and Assembly Bill 781 of the 202324 Regular Session of the Legislature, which requires emergency plans to include at least one animal-friendly shelter. | |
78 | 81 | ||
79 | - | SEC. 2. Section 8593.11 is added to the Government Code, to read:8593.11. (a) For the purposes of this section, | |
82 | + | SEC. 2. Section 8593.11 is added to the Government Code, to read:8593.11. (a) For the purposes of this section, pet means an animal, including a dog, cat, rabbit, rodent, reptile, amphibian, fish, bird, or other species of animal, kept for the purpose of being a household pet.(b) Upon the next update of a city or countys emergency plan:(1) (A) A city or county shall update its emergency plan to designate procedures for a person with a residence in a mandatory evacuation area or their designated representative to be able to rescue a pet that at the time of the evacuation was alive.(B) A city or county may require a person with a residence in a mandatory evacuation area or their designated representative to sign a liability waiver before the person returns to the residence in accordance with the procedures required by subparagraph (A).(C) Except as provided in the procedures required by subparagraph (A), this paragraph does not give a person with a residence in a mandatory evacuation area the right to return to their residence in the evacuation area.(2) A city or county shall update its emergency plan to designate a person or entity for a person with a residence in an evacuation area or their designated representative to call if the person is in need of assistance with evacuating pets during a mandatory evacuation.(3) A city or county shall update its emergency plan to designate a person or entity for a person with a residence in an evacuation area or their designated representative to call if the persons pet was left in a mandatory evacuation area and the person is in need of assistance retrieving that pet.(c) A city or county shall make available to the public by posting on its internet website information, including, but not limited to:(1) Contact information for the persons or entities designated to assist with pets during and after evacuations in paragraphs (2) and (3) of subdivision (b).(2) Resources for persons who need assistance reuniting with pets rescued from mandatory evacuation areas, including a list of animals rescued from the evacuated areas that is linked on the home page of the city or countys internet website. | |
80 | 83 | ||
81 | 84 | SEC. 2. Section 8593.11 is added to the Government Code, to read: | |
82 | 85 | ||
83 | 86 | ### SEC. 2. | |
84 | 87 | ||
85 | - | 8593.11. (a) For the purposes of this section, | |
88 | + | 8593.11. (a) For the purposes of this section, pet means an animal, including a dog, cat, rabbit, rodent, reptile, amphibian, fish, bird, or other species of animal, kept for the purpose of being a household pet.(b) Upon the next update of a city or countys emergency plan:(1) (A) A city or county shall update its emergency plan to designate procedures for a person with a residence in a mandatory evacuation area or their designated representative to be able to rescue a pet that at the time of the evacuation was alive.(B) A city or county may require a person with a residence in a mandatory evacuation area or their designated representative to sign a liability waiver before the person returns to the residence in accordance with the procedures required by subparagraph (A).(C) Except as provided in the procedures required by subparagraph (A), this paragraph does not give a person with a residence in a mandatory evacuation area the right to return to their residence in the evacuation area.(2) A city or county shall update its emergency plan to designate a person or entity for a person with a residence in an evacuation area or their designated representative to call if the person is in need of assistance with evacuating pets during a mandatory evacuation.(3) A city or county shall update its emergency plan to designate a person or entity for a person with a residence in an evacuation area or their designated representative to call if the persons pet was left in a mandatory evacuation area and the person is in need of assistance retrieving that pet.(c) A city or county shall make available to the public by posting on its internet website information, including, but not limited to:(1) Contact information for the persons or entities designated to assist with pets during and after evacuations in paragraphs (2) and (3) of subdivision (b).(2) Resources for persons who need assistance reuniting with pets rescued from mandatory evacuation areas, including a list of animals rescued from the evacuated areas that is linked on the home page of the city or countys internet website. | |
86 | 89 | ||
87 | - | 8593.11. (a) For the purposes of this section, | |
90 | + | 8593.11. (a) For the purposes of this section, pet means an animal, including a dog, cat, rabbit, rodent, reptile, amphibian, fish, bird, or other species of animal, kept for the purpose of being a household pet.(b) Upon the next update of a city or countys emergency plan:(1) (A) A city or county shall update its emergency plan to designate procedures for a person with a residence in a mandatory evacuation area or their designated representative to be able to rescue a pet that at the time of the evacuation was alive.(B) A city or county may require a person with a residence in a mandatory evacuation area or their designated representative to sign a liability waiver before the person returns to the residence in accordance with the procedures required by subparagraph (A).(C) Except as provided in the procedures required by subparagraph (A), this paragraph does not give a person with a residence in a mandatory evacuation area the right to return to their residence in the evacuation area.(2) A city or county shall update its emergency plan to designate a person or entity for a person with a residence in an evacuation area or their designated representative to call if the person is in need of assistance with evacuating pets during a mandatory evacuation.(3) A city or county shall update its emergency plan to designate a person or entity for a person with a residence in an evacuation area or their designated representative to call if the persons pet was left in a mandatory evacuation area and the person is in need of assistance retrieving that pet.(c) A city or county shall make available to the public by posting on its internet website information, including, but not limited to:(1) Contact information for the persons or entities designated to assist with pets during and after evacuations in paragraphs (2) and (3) of subdivision (b).(2) Resources for persons who need assistance reuniting with pets rescued from mandatory evacuation areas, including a list of animals rescued from the evacuated areas that is linked on the home page of the city or countys internet website. | |
88 | 91 | ||
89 | - | 8593.11. (a) For the purposes of this section, | |
92 | + | 8593.11. (a) For the purposes of this section, pet means an animal, including a dog, cat, rabbit, rodent, reptile, amphibian, fish, bird, or other species of animal, kept for the purpose of being a household pet.(b) Upon the next update of a city or countys emergency plan:(1) (A) A city or county shall update its emergency plan to designate procedures for a person with a residence in a mandatory evacuation area or their designated representative to be able to rescue a pet that at the time of the evacuation was alive.(B) A city or county may require a person with a residence in a mandatory evacuation area or their designated representative to sign a liability waiver before the person returns to the residence in accordance with the procedures required by subparagraph (A).(C) Except as provided in the procedures required by subparagraph (A), this paragraph does not give a person with a residence in a mandatory evacuation area the right to return to their residence in the evacuation area.(2) A city or county shall update its emergency plan to designate a person or entity for a person with a residence in an evacuation area or their designated representative to call if the person is in need of assistance with evacuating pets during a mandatory evacuation.(3) A city or county shall update its emergency plan to designate a person or entity for a person with a residence in an evacuation area or their designated representative to call if the persons pet was left in a mandatory evacuation area and the person is in need of assistance retrieving that pet.(c) A city or county shall make available to the public by posting on its internet website information, including, but not limited to:(1) Contact information for the persons or entities designated to assist with pets during and after evacuations in paragraphs (2) and (3) of subdivision (b).(2) Resources for persons who need assistance reuniting with pets rescued from mandatory evacuation areas, including a list of animals rescued from the evacuated areas that is linked on the home page of the city or countys internet website. | |
90 | 93 | ||
91 | - | 8593.11. (a) For the purposes of this section, pet the following definitions apply: | |
92 | 94 | ||
93 | - | ###### 8593.11. | |
94 | 95 | ||
95 | - | (1) Evacuation order means an order from the Governor, or a county emergency management official, county sheriff, chief of police, or fire marshal, under which persons subject to the order are required to relocate outside of the geographic area covered by the order due to an imminent danger resulting from a state or local emergency. | |
96 | - | ||
97 | - | (2) Pet means an animal, including a dog, cat, rabbit, rodent, reptile, amphibian, fish, bird, or other species of animal, kept for the purpose of being a household pet. | |
96 | + | 8593.11. (a) For the purposes of this section, pet means an animal, including a dog, cat, rabbit, rodent, reptile, amphibian, fish, bird, or other species of animal, kept for the purpose of being a household pet. | |
98 | 97 | ||
99 | 98 | (b) Upon the next update of a city or countys emergency plan: | |
100 | 99 | ||
101 | - | (1) (A | |
100 | + | (1) (A) A city or county shall update its emergency plan to designate procedures for a person with a residence in a mandatory evacuation area or their designated representative to be able to rescue a pet that at the time of the evacuation was alive. | |
102 | 101 | ||
103 | - | ( | |
102 | + | (B) A city or county may require a person with a residence in a mandatory evacuation area or their designated representative to sign a liability waiver before the person returns to the residence in accordance with the procedures required by subparagraph (A). | |
104 | 103 | ||
105 | - | ( | |
104 | + | (C) Except as provided in the procedures required by subparagraph (A), this paragraph does not give a person with a residence in a mandatory evacuation area the right to return to their residence in the evacuation area. | |
106 | 105 | ||
107 | - | ( | |
106 | + | (2) A city or county shall update its emergency plan to designate a person or entity for a person with a residence in an evacuation area or their designated representative to call if the person is in need of assistance with evacuating pets during a mandatory evacuation. | |
108 | 107 | ||
109 | - | (ii) The procedures shall establish timelines or conditions in which rescues can occur as safely as possible. | |
110 | - | ||
111 | - | (B) A city or county may require a person with a residence in a mandatory evacuation area an area subject to an evacuation order or their designated representative to sign a liability waiver before the person returns to the residence in accordance with the procedures required by subparagraph (A). | |
112 | - | ||
113 | - | (C) Except as provided in the procedures required by subparagraph (A), this paragraph does not give a person with a residence in a mandatory evacuation area an area subject to an evacuation order the right to return to their residence in the evacuation area. area subject to an evacuation order. | |
114 | - | ||
115 | - | (2) A city or county shall update its emergency plan to designate a person or entity for a person with a residence in an evacuation area an area subject to an evacuation order or their designated representative to call if the person is in need of assistance with evacuating pets during a mandatory an evacuation. | |
116 | - | ||
117 | - | (3) A city or county shall update its emergency plan to designate a person or entity for a person with a residence in an evacuation area an area subject to an evacuation order or their designated representative to call if the persons pet was left in a mandatory evacuation area an area subject to an evacuation order and the person is in need of assistance retrieving that pet. | |
108 | + | (3) A city or county shall update its emergency plan to designate a person or entity for a person with a residence in an evacuation area or their designated representative to call if the persons pet was left in a mandatory evacuation area and the person is in need of assistance retrieving that pet. | |
118 | 109 | ||
119 | 110 | (c) A city or county shall make available to the public by posting on its internet website information, including, but not limited to: | |
120 | 111 | ||
121 | 112 | (1) Contact information for the persons or entities designated to assist with pets during and after evacuations in paragraphs (2) and (3) of subdivision (b). | |
122 | 113 | ||
123 | - | (2) Resources for persons who need assistance reuniting with pets rescued from mandatory evacuation areas | |
114 | + | (2) Resources for persons who need assistance reuniting with pets rescued from mandatory evacuation areas, including a list of animals rescued from the evacuated areas that is linked on the home page of the city or countys internet website. | |
124 | 115 | ||
125 | - | SEC. 3. Section 53074.1 is added to the Government Code, to read:53074.1. (a) For purposes of this section, | |
116 | + | SEC. 3. Section 53074.1 is added to the Government Code, to read:53074.1. (a) For purposes of this section, pet means an animal, including a dog, cat, rabbit, rodent, reptile, amphibian, fish, bird, or other species of animal, kept for the purpose of being a household pet.(b) (1) A pet rescued or originating from a mandatory evacuation area, that would otherwise be eligible for adoption, shall not be made available for adoption, euthanized, or transferred out of the custody of the local animal control agency for at least 90 days.(2) After the 90-day period has passed, a pet described in paragraph (1) shall not be euthanized or transferred out of the custody of the local animal control agency unless all local rescue and foster partners have been notified and given an opportunity to take custody of the pet.(c) This section does not apply to a pet that is irremediably suffering. | |
126 | 117 | ||
127 | 118 | SEC. 3. Section 53074.1 is added to the Government Code, to read: | |
128 | 119 | ||
129 | 120 | ### SEC. 3. | |
130 | 121 | ||
131 | - | 53074.1. (a) For purposes of this section, | |
122 | + | 53074.1. (a) For purposes of this section, pet means an animal, including a dog, cat, rabbit, rodent, reptile, amphibian, fish, bird, or other species of animal, kept for the purpose of being a household pet.(b) (1) A pet rescued or originating from a mandatory evacuation area, that would otherwise be eligible for adoption, shall not be made available for adoption, euthanized, or transferred out of the custody of the local animal control agency for at least 90 days.(2) After the 90-day period has passed, a pet described in paragraph (1) shall not be euthanized or transferred out of the custody of the local animal control agency unless all local rescue and foster partners have been notified and given an opportunity to take custody of the pet.(c) This section does not apply to a pet that is irremediably suffering. | |
132 | 123 | ||
133 | - | 53074.1. (a) For purposes of this section, | |
124 | + | 53074.1. (a) For purposes of this section, pet means an animal, including a dog, cat, rabbit, rodent, reptile, amphibian, fish, bird, or other species of animal, kept for the purpose of being a household pet.(b) (1) A pet rescued or originating from a mandatory evacuation area, that would otherwise be eligible for adoption, shall not be made available for adoption, euthanized, or transferred out of the custody of the local animal control agency for at least 90 days.(2) After the 90-day period has passed, a pet described in paragraph (1) shall not be euthanized or transferred out of the custody of the local animal control agency unless all local rescue and foster partners have been notified and given an opportunity to take custody of the pet.(c) This section does not apply to a pet that is irremediably suffering. | |
134 | 125 | ||
135 | - | 53074.1. (a) For purposes of this section, | |
126 | + | 53074.1. (a) For purposes of this section, pet means an animal, including a dog, cat, rabbit, rodent, reptile, amphibian, fish, bird, or other species of animal, kept for the purpose of being a household pet.(b) (1) A pet rescued or originating from a mandatory evacuation area, that would otherwise be eligible for adoption, shall not be made available for adoption, euthanized, or transferred out of the custody of the local animal control agency for at least 90 days.(2) After the 90-day period has passed, a pet described in paragraph (1) shall not be euthanized or transferred out of the custody of the local animal control agency unless all local rescue and foster partners have been notified and given an opportunity to take custody of the pet.(c) This section does not apply to a pet that is irremediably suffering. | |
136 | 127 | ||
137 | - | 53074.1. (a) For purposes of this section, pet the following definitions apply: | |
138 | 128 | ||
139 | - | ###### 53074.1. | |
140 | 129 | ||
141 | - | ( | |
130 | + | 53074.1. (a) For purposes of this section, pet means an animal, including a dog, cat, rabbit, rodent, reptile, amphibian, fish, bird, or other species of animal, kept for the purpose of being a household pet. | |
142 | 131 | ||
143 | - | (2) Pet means an animal, including a dog, cat, rabbit, rodent, reptile, amphibian, fish, bird, or other species of animal, kept for the purpose of being a household pet. | |
144 | - | ||
145 | - | (b) (1) A pet rescued or originating from a mandatory evacuation area, an area subject to an evacuation order, that would otherwise be eligible for adoption, shall not be made available for adoption, euthanized, or transferred out of the custody of the local animal control agency for at least 90 days. | |
132 | + | (b) (1) A pet rescued or originating from a mandatory evacuation area, that would otherwise be eligible for adoption, shall not be made available for adoption, euthanized, or transferred out of the custody of the local animal control agency for at least 90 days. | |
146 | 133 | ||
147 | 134 | (2) After the 90-day period has passed, a pet described in paragraph (1) shall not be euthanized or transferred out of the custody of the local animal control agency unless all local rescue and foster partners have been notified and given an opportunity to take custody of the pet. | |
148 | 135 | ||
149 | 136 | (c) This section does not apply to a pet that is irremediably suffering. | |
150 | 137 | ||
151 | 138 | SEC. 4. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. | |
152 | 139 | ||
153 | 140 | SEC. 4. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. | |
154 | 141 | ||
155 | 142 | SEC. 4. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. | |
156 | 143 | ||
157 | 144 | ### SEC. 4. | |
145 | + | ||
146 | + | ||
147 | + | ||
148 | + | ||
149 | + | ||
150 | + | A city may enact ordinances that adopt by reference county ordinances, codes, or any parts thereof and any amendments thereto by complying with this article. |