Assembly Bill 481 - Military Equipment Funding, Acquisition and Use Policy

On September 30, 2021, Governor Newsom signed AB 481 which directed law enforcement agencies to establish rules for the funding, acquisition and/or use of military equipment. The full text of AB 481 is available here.

NOTE:  The Emeryville Police Department does not possess or utilize any military equipment procured from the United States Department of Defense through the Law Enforcement Support Program (also known as the 1028 or 1033 program).

Even though the City does not currently possess any military equipment, AB 481 requires a department’s policy to include the following:

1. Each type of military equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions;
2. The purpose and authorized uses for which the law enforcement agency proposes to use each type of military equipment;
3. The fiscal impact of each type of military equipment, including initial acquisition and maintenance costs;
4. The legal and procedural rules that govern each authorized use;
5. The training that must be completed before each type of military equipment can be used in order to ensure the full protection of the public’s welfare, safety, civil rights, and civil liberties;
6. The means to ensure compliance with the military equipment use policy; and
7. The procedures by which members of the public may register complaints or concerns or submit questions about the use of specific types of military equipment, and how such complaints and questions will be responded to and/or answered.    

Further, California Government Code Section 7071(b) requires that the Emeryville Police Department post its proposed Military Equipment Use Policy to its website at least 30 days prior to any public hearing before the City Council concerning the policy.  The Emeryville Police Department policy (707-Military Equipment) is accessible on the “Police” page of the City’s website here.

The Emeryville Police Department will prepare an Annual Report to include the use of military equipment, any complaints received, any internal audits or other information about violations of the Emeryville Police Department's Military Equipment Use policy.  This webpage will be utilized for distribution of the Annual Report. The first Annual Report will be distributed on or around February, 2023.

Complaints regarding the use of military equipment by Emeryville Police Department personnel may be submitted by email, in writing, by phone (510.596.3700) or in person (2449 Powell Street). Information and the complaint form may be found here. For questions on the Police Department’s use of military equipment please contact the Department’s Military Equipment Coordinator. The Emeryville Police Department’s policies on use of military equipment (Policy 707) and investigation of personnel complaints (Policy 1010) can be found here.