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<ns0:Description>
<ns0:Id>20250SB__100199INT</ns0:Id>
<ns0:VersionNum>99</ns0:VersionNum>
<ns0:History>
<ns0:Action>
<ns0:ActionText>INTRODUCED</ns0:ActionText>
<ns0:ActionDate>2026-02-09</ns0:ActionDate>
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<ns0:LegislativeInfo>
<ns0:SessionYear>2025</ns0:SessionYear>
<ns0:SessionNum>0</ns0:SessionNum>
<ns0:MeasureType>SB</ns0:MeasureType>
<ns0:MeasureNum>1001</ns0:MeasureNum>
<ns0:MeasureState>INT</ns0:MeasureState>
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<ns0:AuthorText authorType="LEAD_AUTHOR">Introduced by Senator Archuleta</ns0:AuthorText>
<ns0:Authors>
<ns0:Legislator>
<ns0:Contribution>LEAD_AUTHOR</ns0:Contribution>
<ns0:House>SENATE</ns0:House>
<ns0:Name>Archuleta</ns0:Name>
</ns0:Legislator>
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<ns0:Title> An act to add Section 8585.6 to the Government Code, and to amend Section 409.5 of the Penal Code, relating to emergency services. </ns0:Title>
<ns0:RelatingClause>emergency services</ns0:RelatingClause>
<ns0:GeneralSubject>
<ns0:Subject>Water utility workers: identification card program.</ns0:Subject>
</ns0:GeneralSubject>
<ns0:DigestText>
<html:p>Existing law creates the Office of Emergency Services within the office of the Governor and sets forth its powers and duties, including establishing by rule and regulation various classes of disaster service workers, the scope and duty of each class, and the way disaster service workers of each class are to be registered.</html:p>
<html:p>Existing law authorizes officers of the Department of the California Highway Patrol, police departments, marshal’s office or sheriff’s office, and officers or employees of the Department of Forestry and Fire Protection or the Department of Fish and Wildlife designated as peace officers to close to all unauthorized persons an area where a menace to the public health or safety created by a calamity exists for the duration of the menace and the immediate area surrounding any emergency field command post or any other command post
activated for the purpose of abating a calamity, riot, or other civil disturbance, as specified.</html:p>
<html:p>This bill would require the Office of Emergency Services to develop a water utility worker identification program to issue identification cards to employees of a city, county, city and county, special district, water corporation, or mutual water company that provides water utility services to authorize access to an area during or following a flood, storm, fire, earthquake, or other disaster, for the purpose of protection of public health and safety, preservation of life and property, and repair and restoration of water service.</html:p>
<html:p>This bill would require the application for a water utility worker identification card to be signed by a duly authorized representative of a water utility and include a certification by the water utility. Because this certification would be under penalty of perjury, the bill would impose a state-mandated
local program by expanding the definition of a crime.</html:p>
<html:p>This bill would authorize the office to impose and collect a fee from a water utility for an identification card that does not exceed the reasonable costs of the identification card program.</html:p>
<html:p>This bill would specify that the authorization for particular officers to close an area, as described above, shall not prevent an individual who holds a valid water utility worker identification card from entering an area so closed unless a peace officer finds that the disaster is of such a nature that it would be unsafe for the cardholder to enter or that the presence of the cardholder would interfere with disaster response.</html:p>
<html:p>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.</html:p>
<html:p>This bill would provide that no reimbursement is required by this act for a specified reason.</html:p>
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<ns0:DigestKey>
<ns0:VoteRequired>MAJORITY</ns0:VoteRequired>
<ns0:Appropriation>NO</ns0:Appropriation>
<ns0:FiscalCommittee>YES</ns0:FiscalCommittee>
<ns0:LocalProgram>YES</ns0:LocalProgram>
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<ns0:ImmediateEffect>NO</ns0:ImmediateEffect>
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<ns0:Urgency>NO</ns0:Urgency>
<ns0:TaxLevy>NO</ns0:TaxLevy>
<ns0:Election>NO</ns0:Election>
<ns0:UsualCurrentExpenses>NO</ns0:UsualCurrentExpenses>
<ns0:BudgetBill>NO</ns0:BudgetBill>
<ns0:Prop25TrailerBill>NO</ns0:Prop25TrailerBill>
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<ns0:Bill id="bill">
<ns0:Preamble>The people of the State of California do enact as follows:</ns0:Preamble>
<ns0:BillSection id="id_5BBD7BC2-8969-4F02-B58C-88CD3E7E4592">
<ns0:Num>SECTION 1.</ns0:Num>
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Section 8585.6 is added to the
<ns0:DocName>Government Code</ns0:DocName>
, to read:
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<ns0:LawSection id="id_784CDB77-8C39-46D5-8DB8-0B55F872C84A">
<ns0:Num>8585.6.</ns0:Num>
<ns0:LawSectionVersion id="id_FA42654A-7E6C-4EE5-9F39-8EBCFCF384C9">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
The office shall develop a water utility worker identification program to issue identification cards to employees of a city, county, city and county, special district, water corporation, or mutual water company that provides water utility services to authorize access to an area during or following a flood, storm, fire, earthquake, or other disaster for the purpose of protection of public health and safety, preservation of life and property, and repair and restoration of water service.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The office shall prepare and make available an application for water utilities to use to request that an individual be issued an identification card. The office shall provide an individual with a water utility worker identification card upon receipt of the
application signed by a duly authorized representative of a water utility that includes a statement justifying the need for the individual to receive access to such areas and certification by the water utility. The application shall also indicate that the worker has completed appropriate safety training.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Access to an area closed in accordance with subdivision (a) of Section 409.5 of the Penal Code shall only be granted to a water utility worker identification cardholder by the incident commander, a law enforcement official having jurisdiction, or their designee. If access is granted by emergency response personnel other than the incident commander, the emergency response personnel shall notify the incident commander that access has been provided to the water utility worker.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
A water utility worker identification card issued by the office shall be valid for five years from
the date of issuance and shall be renewable upon submission of an application for renewal.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
A water utility shall be responsible to collect and destroy an identification card if a utility worker ceases employment with the water utility or the job duties of the utility worker change such that access afforded by the identification card is not longer appropriate.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
The office shall impose and collect a fee from a water utility for an identification card that does not exceed the reasonable costs of issuing the card and administration of the program described in this section.
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<ns0:BillSection id="id_A8CE8A90-6366-4C41-BA74-64FC09C0BEE7">
<ns0:Num>SEC. 2.</ns0:Num>
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Section 409.5 of the
<ns0:DocName>Penal Code</ns0:DocName>
is amended to read:
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<ns0:Num>409.5.</ns0:Num>
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<html:p>
(a)
<html:span class="EnSpace"/>
When a menace to the public health or safety is created by a calamity including a flood, storm, fire, earthquake, explosion, accident, or other disaster, officers of the Department of the California Highway Patrol, police departments, marshal’s office or sheriff’s office, an officer or employee of the Department of Forestry and Fire Protection designated a peace officer by subdivision (g) of Section 830.2, an officer or employee of the Department of Parks and Recreation designated a peace officer by subdivision (f) of Section 830.2, an officer or employee of the Department of Fish and Wildlife designated a peace officer under subdivision (e) of Section 830.2, and a publicly employed full-time lifeguard or publicly employed full-time marine safety officer while acting in a supervisory position in the performance of their
official duties, may close the area where the menace exists for the duration of the menace by means of ropes, markers, or guards to all persons not authorized by the lifeguard or officer to enter or remain within the enclosed area. If the calamity creates an immediate menace to the public health, the local health officer may close the area where the menace exists pursuant to the conditions set forth in this section.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Officers of the Department of the California Highway Patrol, police departments, marshal’s office or sheriff’s office, officers of the Department of Fish and Wildlife designated as peace officers by subdivision (e) of Section 830.2, or officers of the Department of Forestry and Fire Protection designated as peace officers by subdivision (g) of Section 830.2 may close the immediate area surrounding any emergency field command post or any other command post activated for the purpose of abating a calamity enumerated in this section
or a riot or other civil disturbance to all unauthorized persons pursuant to the conditions set forth in this section whether or not the field command post or other command post is located near the actual calamity or riot or other civil disturbance.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
An unauthorized person who willfully and knowingly enters an area closed pursuant to subdivision (a) or (b) and who willfully remains within the area after receiving notice to evacuate or leave shall be guilty of a misdemeanor.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
This section shall not prevent a duly authorized representative of a news service, newspaper, or radio or television station or network from entering the areas closed pursuant to this section.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
This subdivision does not authorize a duly authorized representative of a news service, newspaper, or radio or
television station or network to facilitate the entry of a person into, or facilitate the transport of a person within, an area closed, unless for the safety of the person, pursuant to this section if that person is not a duly authorized representative of a news service, newspaper, or radio or television station or network.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
This section shall not prevent an individual who holds a valid livestock pass identification document, pursuant to Section 2350 of the Food and Agricultural Code, from entering the areas closed pursuant to this section, unless a peace officer identified in subdivision (a) finds that the disaster is of such a nature that it would be unsafe for the documentholder to enter or that the presence of the documentholder would interfere with disaster response.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
This section shall
not prevent an individual who holds a valid water utility worker identification card issued pursuant to Section 8585.6 of the Government Code from entering an area closed pursuant to this section unless a peace officer identified in subdivision (a) finds that the disaster is of such a nature that it would be unsafe for the cardholder to enter or that the presence of the cardholder would interfere with disaster response.
</html:p>
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<ns0:BillSection id="id_1EC6F7B7-3DE6-4823-A8B0-E5D91FC3225D">
<ns0:Num>SEC. 3.</ns0:Num>
<ns0:Content>
<html:p>
No reimbursement is required by this act pursuant to Section 6 of Article XIII
<html:span class="ThinSpace"/>
B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII
<html:span class="ThinSpace"/>
B of the California Constitution.
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