HB 304: "An Act relating to emergency planning and response; transferring the State Emergency Response Commission, including its duty to designate local emergency planning districts and appoint local emergency planning committees, to the Department of Military and Veterans' Affairs; transferring responsibility for establishing and maintaining emergency response depots and the oil and hazardous substance response corps to the Department of Environmental Conservation; eliminating a requirement that the state and regional oil discharge prevention and contingency plans be revised annually."
00HOUSE BILL NO. 304 01 "An Act relating to emergency planning and response; transferring the State 02 Emergency Response Commission, including its duty to designate local emergency 03 planning districts and appoint local emergency planning committees, to the 04 Department of Military and Veterans' Affairs; transferring responsibility for 05 establishing and maintaining emergency response depots and the oil and hazardous 06 substance response corps to the Department of Environmental Conservation; 07 eliminating a requirement that the state and regional oil discharge prevention and 08 contingency plans be revised annually." 09 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 10 * Section 1. AS 26.23.040(e) is amended by adding a new paragraph to read: 11 (12) to the extent that money is available from an appropriation for the 12 purposes of this paragraph, 13 (A) award grants for training local emergency planning 14 committees and for training and equipping the emergency response
01 organizations that execute the plans developed by the committees under 02 AS 26.23.073(c) and 26.23.075; 03 (B) in order to comply with 49 U.S.C. Appx. 1815(a)(3), make 04 funds available to local emergency planning committees for developing and 05 maintaining emergency plans under AS 26.23.073(c) and 26.23.075; 06 (C) make funds available to local emergency planning 07 committees to implement 42 U.S.C. 11022(e) and 42 U.S.C. 11044; and 08 (D) award grants for the purpose of forming local emergency 09 planning committees under AS 26.23.073. 10 * Sec. 2. AS 26.23.040 is amended by adding a new subsection to read: 11 (f) To the extent that the plan prepared under this section relates to action 12 required to avert damage from a release of a hazardous substance, the plan must be 13 substantially equivalent in relevant respect to the local emergency plans prepared under 14 AS 26.23.073(c) and 26.23.075 and the state and regional master plans prepared by the 15 Department of Environmental Conservation under AS 46.04.200 - 46.04.210. The plan 16 must also use the same incident command systems used in those plans and be 17 approved by the Alaska State Emergency Response Commission under AS 26.23.077. 18 * Sec. 3. AS 26.23.060 is amended by adding a new subsection to read: 19 (g) To the extent that a plan prepared under this section relates to action 20 required to avert damage from a release of a hazardous substance, the plan must be 21 substantially equivalent in relevant respect to the local emergency plans prepared under 22 AS 26.23.073(c) and 26.23.075 and the state and regional master plans prepared by the 23 Department of Environmental Conservation under AS 46.04.200 - 46.04.210. The plan 24 must also use the same incident command systems used in those plans and be 25 approved by the Alaska State Emergency Response Commission under AS 26.23.077. 26 * Sec. 4. AS 26.23.070 is amended by adding a new subsection to read: 27 (d) To the extent that a plan prepared under this section relates to action 28 required to avert damage from a release of a hazardous substance, the plan must be 29 substantially equivalent in relevant respect to the local emergency plans prepared under 30 AS 26.23.073(c) and 26.23.075 and the state and regional master plans prepared by the 31 Department of Environmental Conservation under AS 46.04.200 - 46.04.210. The plan
01 must also use the same incident command systems used in those plans and be 02 approved by the Alaska State Emergency Response Commission under AS 26.23.077. 03 * Sec. 5. AS 26.23 is amended by adding new sections to read: 04 Sec. 26.23.071. ALASKA STATE EMERGENCY RESPONSE 05 COMMISSION. (a) There is established in the Department of Military and Veterans' 06 Affairs the Alaska State Emergency Response Commission. 07 (b) The commission consists of the commissioners of community and regional 08 affairs, environmental conservation, fish and game, health and social services, labor, 09 natural resources, public safety, and transportation and public facilities, or the 10 designees of the commissioners, the adjutant general of the Department of Military and 11 Veterans' Affairs or a designee, and seven members of the public appointed by the 12 governor, one of whom must be a member of a local emergency planning committee 13 for an emergency planning district that is predominantly rural in character and one of 14 whom must be a member of a local emergency planning committee for an emergency 15 planning district that is predominantly urban in character. To the extent practicable, 16 the commission must include members with expertise in the emergency response field. 17 (c) The adjutant general of the Department of Military and Veterans' Affairs, 18 or the adjutant general's designee, and the commissioner of environmental 19 conservation, or the commissioner's designee, shall co-chair the commission. The 20 Department of Military and Veterans' Affairs shall provide staff support to the 21 commission. 22 (d) Members of the commission other than those from the designated state 23 departments serve at the pleasure of the governor for staggered terms of three years. 24 Members of the commission serve without compensation but are entitled to per diem 25 and travel expenses authorized for members of boards and commissions under 26 AS 39.20.180. 27 (e) The commission shall 28 (1) serve as the state emergency response commission required under 29 42 U.S.C. 11001 - 11005; 30 (2) facilitate the preparation and implementation of emergency plans, 31 including the statewide, interjurisdictional, and local plans prepared under this chapter
01 and the state and regional plans prepared under AS 46.04.200 - 46.04.210; 02 (3) review and approve or disapprove the plans described in (2) of this 03 subsection according to the criteria established in AS 26.23.077; 04 (4) designate, and revise as necessary, the boundaries of emergency 05 planning districts under AS 26.23.073(a); 06 (5) establish a local emergency planning committee under 07 AS 26.23.073(b) for each emergency planning district; 08 (6) serve as the local emergency planning committee for all areas 09 outside the boundaries of local emergency planning districts designated under 10 AS 26.23.073(a); in fulfilling its duty under this paragraph, the commission shall 11 consult with affected political subdivisions; 12 (7) supervise and coordinate the activities of local emergency planning 13 committees; 14 (8) establish procedures for receiving and processing requests from the 15 public for information under 42 U.S.C. 11044, including tier II information under 42 16 U.S.C. 11022; 17 (9) perform other coordinating, advisory, or planning tasks related to 18 emergency planning and preparedness, community right-to-know reporting, toxic 19 chemical release reporting, or management of hazardous substances; 20 (10) recommend procedures to integrate, as appropriate, hazardous 21 substance response planning under 42 U.S.C. 11001 - 11005, federal contingency 22 planning under 33 U.S.C. 1321 and other federal laws applicable to hazardous 23 substance discharges, and state, regional, and local planning under this chapter and 24 AS 46.04.200 - 46.04.210; 25 (11) to the extent consistent with the constitution and law of the state, 26 perform all other functions prescribed for state emergency response commissions under 27 42 U.S.C. 11001 - 11005; and 28 (12) adopt regulations necessary to carry out the purposes of 29 AS 26.23.071 - 26.23.077 and 42 U.S.C. 11001 - 11005. 30 (f) The commission may request data, reports, or other information from a 31 state agency. To the extent feasible and not otherwise prohibited by laws making
01 specific information confidential and nondisclosable, a state agency shall cooperate 02 with the commission and furnish the commission with the information and assistance 03 necessary to accomplish the purposes of 42 U.S.C. 11001 - 11005 and this chapter. 04 Sec. 26.23.073. EMERGENCY PLANNING DISTRICTS AND 05 COMMITTEES. (a) The commission shall set the boundaries of local emergency 06 planning districts. The commission shall set the boundaries of a district so that they 07 are coextensive with the boundaries of a single political subdivision except when it 08 would be more appropriate, in the opinion of the commission, for the district to include 09 more than one political subdivision or some area that is not contained within a political 10 subdivision. If the commission sets boundaries for a district under this section that 11 includes more than one political subdivision, the commission shall recommend to the 12 governor the designation of an interjurisdictional disaster planning and service area 13 under AS 26.23.070 whose boundaries are coextensive with the boundaries of the 14 emergency planning district established under this section. 15 (b) The commission shall establish and appoint the members of a local 16 emergency planning committee for each emergency planning district established under 17 (a) of this section. In making appointments for an emergency planning district that 18 contains only one political subdivision, the commission shall follow the 19 recommendations of the governing body of the political subdivision if those 20 recommendations would constitute a committee that meets the requirements of this 21 subsection. In making appointments for an emergency planning district that contains 22 more than one political subdivision, the commission shall consider the 23 recommendations of the governing body of each political subdivision and follow the 24 recommendations to the extent that the governing bodies are in agreement and their 25 recommendations would constitute a committee that meets the requirements of this 26 subsection. Each committee must include, at a minimum, a representative of 27 (1) elected state or local officials; 28 (2) law enforcement, civil defense, fire fighting, first aid, health, local 29 environmental, hospital, and transportation personnel; 30 (3) broadcast or print media; 31 (4) community groups; and
01 (5) owners and operators of facilities subject to the requirements of 42 02 U.S.C. 11001 - 11005. 03 (c) Each local emergency planning committee shall 04 (1) establish procedures for receiving and processing requests from the 05 public for information under 42 U.S.C. 11044, including tier II information under 42 06 U.S.C. 11022; 07 (2) appoint a chair, who shall be an elected official of a municipality 08 represented on the committee, and establish rules by which the committee shall 09 function, including provisions for public notification of committee activities, public 10 meetings to discuss the emergency plan, public comments, response to the comments 11 by the committee, distribution of the emergency plan, and designation of an official 12 to serve as coordinator for information; 13 (3) prepare and periodically review an emergency plan in accordance 14 with 42 U.S.C. 11003(a) in a manner that includes coordination with the political 15 subdivisions covered by the plan; 16 (4) evaluate the need for resources necessary to develop, implement, 17 and exercise the emergency plan, and make recommendations to the political 18 subdivisions in the emergency planning district with respect to additional resources that 19 may be required and the means for providing the additional resources; 20 (5) to the extent consistent with the constitution and law of the state, 21 perform all other functions prescribed for emergency planning committees in 42 U.S.C. 22 11001 - 11005; 23 (6) participate as a local advisory committee in the preparation of 24 statewide regional contingency plans; and 25 (7) serve as an advisory committee to the political subdivisions within 26 the emergency planning district with respect to emergency planning, training, and 27 response. 28 (d) The Department of Environmental Conservation shall, upon request, 29 provide technical assistance to a local emergency planning committee in the 30 performance of its duties under this section that relate to oil or hazardous substances. 31 Sec. 26.23.075. EMERGENCY PLANS. (a) An emergency plan prepared
01 under AS 26.23.073(c) must include 02 (1) identification of facilities subject to the requirements of 42 U.S.C. 03 11001 - 11005 that are within the emergency planning district, identification of routes 04 likely to be used for the transportation of substances on the list of extremely hazardous 05 substances referred to in 42 U.S.C. 302(a), and identification of additional facilities 06 contributing or subjected to additional risk due to their proximity to facilities subject 07 to the requirements of 42 U.S.C. 11001 - 11005 such as hospitals or natural gas 08 facilities; 09 (2) methods and procedures to be followed by facility owners and 10 operators and local emergency and medical personnel to respond to a release of 11 hazardous substances or a release of substances on the list of extremely hazardous 12 substances referred to in 42 U.S.C. 302(a); 13 (3) designation of a community emergency coordinator and facility 14 emergency coordinators, who shall make determinations necessary to implement the 15 emergency plan; 16 (4) procedures providing reliable, effective, and timely notification by 17 the facility emergency coordinators to persons designated in the emergency plan, and 18 to the public, that a release has occurred, consistent with the emergency notification 19 requirements of 42 U.S.C. 11004; 20 (5) methods for determining the occurrence of a release and the area 21 or population likely to be affected by that release; 22 (6) a description of emergency equipment and facilities in the 23 community and at each facility in the community subject to the requirements of 42 24 U.S.C. 11001 - 11005, and an identification of the persons responsible for the 25 equipment and facilities; 26 (7) evacuation plans, including provisions for a precautionary 27 evacuation and alternative traffic routes; 28 (8) training programs, including schedules for training of local 29 emergency response and medical personnel; and 30 (9) methods and schedules for exercising the emergency plan. 31 (b) An emergency plan prepared under AS 26.23.073(c) may include
01 descriptions, procedures, and programs related to disasters other than those caused by 02 releases of hazardous substances. 03 (c) Each emergency plan prepared under AS 26.23.073(c) must incorporate 04 within it an incident command system. The incident command system must be 05 substantially equivalent in relevant respects to the incident command systems 06 established under AS 46.04.200 - 46.04.210 and meet the requirements of 07 AS 26.23.077. 08 Sec. 26.23.077. PLAN APPROVAL; INCIDENT COMMAND SYSTEMS. 09 (a) The commission shall review and exercise approval authority over local, 10 interjurisdictional, regional, and state emergency plans, including plans prepared under 11 this chapter and AS 46.04.200 - 46.04.210. 12 (b) Before approving a plan, the commission shall ensure that the plan includes 13 an incident command system that describes the respective roles of affected persons and 14 agencies in a clear and specific manner and that the respective roles of state agencies 15 are consistent with their statutory duties. The commission shall also ensure that the 16 plans are well-integrated with related plans. 17 (c) To the extent consistent with other law, an incident command system 18 approved under this section must provide that the Alaska division of emergency 19 services has a major role in mobilization of personnel and resources, communications, 20 transportation planning, and other logistics involved in a state response to a disaster 21 or other emergency. 22 * Sec. 6. AS 26.23.150(a) is amended to read: 23 (a) In addition to disaster prevention measures as included in the state, local, 24 and interjurisdictional disaster plans, the governor shall consider, on a continuing basis, 25 steps that could be taken to prevent or reduce the harmful consequences of disasters. 26 At the governor's direction, and under any other authority and competence they have, 27 state agencies, including but not limited to those charged with responsibilities in 28 connection with flood plain management, stream encroachment and flow regulation, 29 weather modification, fire prevention and control, environmental [AIR] quality, public 30 works, land use and land use planning, and construction standards, shall make studies 31 of disaster-prevention-related matters. The governor, from time to time, shall make
01 recommendations to the legislature, local governments, and other appropriate public 02 and private entities as may facilitate measures for the prevention or reduction of the 03 harmful consequences of disasters. 04 * Sec. 7. AS 26.23.190(b) is amended to read: 05 (b) When performing responsibilities assigned to it under an incident command 06 system established under this chapter or [,] AS 46.04.200 - 46.04.210, [OR AS 46.13,] 07 the Alaska division of emergency services may, in a situation involving an actual or 08 imminent discharge of oil or a hazardous substance, issue an order directing persons 09 and governmental agencies to take action the division believes necessary to carry out 10 its assigned responsibilities. 11 * Sec. 8. AS 26.23.195(a) is amended to read: 12 (a) The Alaska division of emergency services shall perform the 13 responsibilities assigned to it under an incident command system established under this 14 chapter or [,] AS 46.04.200 - 46.04.210 [, OR AS 46.13] in a state response to a 15 release or threatened release of oil or a hazardous substance. 16 * Sec. 9. AS 26.23.195(c) is amended to read: 17 (c) Within the limit of appropriations made specifically for the purpose, the 18 Alaska division of emergency services may assist persons with mobilization of 19 personnel and resources, communications, transportation planning, and other logistics 20 involved in a nongovernmental response to a release or threatened release of oil or a 21 hazardous substance when to do so would be consistent with the duties assigned to it 22 under an incident command system established under this chapter or [,] AS 46.04.200 - 23 46.04.210 [, OR AS 46.13]. 24 * Sec. 10. AS 26.23.900 is amended by adding new paragraphs to read: 25 (8) "commission" means the Alaska State Emergency Response 26 Commission; 27 (9) "hazardous substance" has the meaning given in AS 46.03.826. 28 * Sec. 11. AS 46.03.865(a) is amended to read: 29 (a) When the department finds that an actual or imminent discharge of oil, a 30 hazardous substance, or low level radioactive materials to the air, water, land, or 31 subsurface land of the state poses an immediate threat to the public health or welfare
01 or the environment of the state, it may issue an order declaring an emergency and 02 directing a person or persons to take action the department believes necessary to meet 03 the emergency, and protect the public health, welfare, or environment. If there is an 04 incident command system established under AS 26.23 or [,] AS 46.04.200 - 46.04.210 05 [, OR AS 46.13] that is applicable to the situation for which the department issues an 06 order under this subsection, the department's exercise of authority under this 07 subsection shall be guided by the relevant provisions of the incident command system. 08 * Sec. 12. AS 46.03.865(c) is amended to read: 09 (c) During a period of emergency declared under (a) of this section, each state 10 agency shall take whatever action the department finds necessary to meet the 11 emergency and to protect the public health, welfare, or environment, consistent with 12 the responsibilities assigned to them under an incident command system established 13 under AS 26.23 or [,] AS 46.04.200 - 46.04.210 [, OR AS 46.13] if one is applicable 14 to the situation. 15 * Sec. 13. AS 46.04.200 is amended to read: 16 Sec. 46.04.200. STATE MASTER PLAN. (a) The department shall prepare, 17 [AND] annually review, and revise as necessary a statewide master oil and hazardous 18 substance discharge prevention and contingency plan. 19 (b) The state master plan prepared under this section must 20 (1) take into consideration the elements of an oil discharge prevention 21 and contingency plan approved or submitted for approval under AS 46.04.030; 22 (2) include incident command systems that clarify and specify the 23 respective responsibilities of each of the following in the assessment, containment, and 24 cleanup of various types and sizes of discharges of oil or a hazardous substance into 25 the environment of the state: 26 (A) the Department of Environmental Conservation, the division 27 of emergency services in the Department of Military and Veterans' Affairs, and 28 other agencies of the state; responsibilities assigned to each agency must be 29 consistent with its statutory authority; 30 (B) municipalities of the state; 31 (C) appropriate federal agencies;
01 (D) operators of facilities; 02 (E) private parties whose land and other property may be 03 affected by the oil or hazardous substance discharge; and 04 (F) other parties identified by the commission as having an 05 interest in or the resources to assist in the containment and cleanup of an oil 06 or hazardous substance discharge; 07 (3) include incident command systems that specify the respective 08 responsibilities of parties identified in (2) of this subsection in an emergency response 09 under AS 26.23, AS 46.03.865, [OR] AS 46.04.080, or AS 46.09.030; responsibilities 10 assigned to each state agency must be consistent with its statutory authority; 11 (4) identify actions necessary to reduce the likelihood of catastrophic 12 oil discharges and significant discharges of hazardous substances; and 13 (5) designate the locations where oil and hazardous substance 14 emergency response depots should be established in the state and where emergency 15 response corps personnel should be available. 16 (c) In preparing and annually reviewing the state master plan, the 17 commissioner shall 18 (1) consult with municipal and community officials, and with 19 representatives of affected regional organizations; 20 (2) submit the draft plan to the public for review and comment; 21 (3) submit to the legislature for review, not later than the 10th day 22 following the convening of each regular session, the plan and any [ANNUAL] revision 23 of the plan; 24 (4) require or schedule unannounced oil spill drills to test the 25 sufficiency of an oil discharge prevention and contingency plan approved under 26 AS 46.04.030 or of the cleanup plans of a party identified under (b)(2) of this section; 27 and 28 (5) submit the plan and any [ANNUAL] revision to the Alaska State 29 Emergency Response Commission for its review and approval under AS 26.23.077 30 [AS 46.13.045]. 31 * Sec. 14. AS 46.04.210(a) is amended to read:
01 (a) For any region of the state, the boundaries of which are determined by the 02 commissioner by regulation, in which the department is required to review and approve 03 an oil discharge prevention and contingency plan submitted by a person under 04 AS 46.04.030, the department shall prepare, [AND] annually review, and revise as 05 necessary a regional master oil and hazardous substance discharge prevention and 06 contingency plan. 07 * Sec. 15. AS 46.04.210 is amended by adding a new subsection to read: 08 (c) In setting boundaries under (a) of this section, the department shall, when 09 possible, group together communities that are likely to require coordination of their 10 efforts to respond effectively to a disaster. 11 * Sec. 16. AS 46.08.040(a) is amended to read: 12 (a) In addition to money in the fund that is transferred to the commissioner of 13 community and regional affairs to make grants under AS 29.60.510 and to pay for 14 impact assessments under AS 29.60.560, the commissioner of environmental 15 conservation may use money from the fund to 16 (1) investigate and evaluate the release or threatened release of oil or 17 a hazardous substance, and contain, clean up, and take other necessary action, such as 18 monitoring and assessing, to address a release or threatened release of oil or a 19 hazardous substance that poses an imminent and substantial threat to the public health 20 or welfare, or to the environment; 21 (2) pay all costs incurred to 22 (A) establish and maintain the oil and hazardous substance 23 response office, corps, and depots; 24 (B) review oil discharge prevention and contingency plans 25 submitted under AS 46.04.030; 26 (C) conduct training, response exercises, inspections, and tests, 27 in order to verify equipment inventories and ability to prevent and respond to 28 oil and hazardous substance release emergencies, and to undertake other 29 activities intended to verify or establish the preparedness of the state, a 30 municipality, or a party required by AS 46.04.030 to have an approved 31 contingency plan to act in accordance with that plan; and
01 (D) verify or establish proof of financial responsibility required 02 by AS 46.04.040; 03 (3) pay the expenses incurred by the Alaska division of emergency 04 services for State Emergency Response Commission activities, including staff 05 support, and for the division's costs of responding to a request by the department 06 for support in response and restoration activities [THE OIL AND HAZARDOUS 07 SUBSTANCE RESPONSE CORPS AND THE OIL AND HAZARDOUS 08 SUBSTANCE RESPONSE DEPOTS WHEN PRESENTED WITH APPROPRIATE 09 DOCUMENTATION BY THE DIVISION]; 10 (4) provide matching funds for participation in federal oil discharge 11 cleanup activities and under 42 U.S.C. 9601 - 9657 (Comprehensive Environmental 12 Response, Compensation, and Liability Act of 1980); 13 (5) recover the costs to the state, a municipality, or a village of a 14 containment and cleanup resulting from the release or the threatened release of oil or 15 a hazardous substance; 16 (6) prepare, review, and revise 17 (A) the state's master oil and hazardous substance discharge 18 prevention and contingency plan required by AS 46.04.200; and 19 (B) a regional master oil and hazardous substance discharge 20 prevention and contingency plan required by AS 46.04.210; and 21 (7) restore the environment by addressing the effects of an oil or 22 hazardous substance release. 23 * Sec. 17. AS 46.08.110 is amended to read: 24 Sec. 46.08.110. RESPONSE CORPS. (a) The department [DIVISION OF 25 EMERGENCY SERVICES, DEPARTMENT OF MILITARY AND VETERANS' 26 AFFAIRS,] shall establish an oil and hazardous substance response corps. 27 (b) The corps consists of volunteers who register with the department 28 [DIVISION] and agree to be trained by the department [DIVISION] in techniques for 29 containment and cleanup and to be available on short notice to assist in containment 30 and cleanup consistent with the responsibilities assigned to the corps under an 31 applicable incident command system.
01 (c) Members of the corps are entitled to per diem and expenses as determined 02 by the department [DIVISION] for training and for days spent in service to the state 03 in containment and cleanup actions. 04 * Sec. 18. AS 46.08.120 is amended to read: 05 Sec. 46.08.120. RESPONSE DEPOTS. The department [DIVISION] shall 06 maintain emergency response depots in areas of the state determined in the plans 07 prepared under AS 46.04.200 - 46.04.210 to be potential sites of releases or threatened 08 releases of oil or hazardous substances. The depots shall be equipped and staffed in 09 a manner that ensures prompt response when containment and cleanup actions are 10 necessary. 11 * Sec. 19. AS 46.08.150 is amended to read: 12 Sec. 46.08.150. CONTRACTS. The department [OFFICE OR THE 13 DIVISION, AS APPLICABLE,] may enter into agreements with agencies of the state 14 and federal government, political subdivisions, the University of Alaska, or private 15 persons or entities to 16 (1) provide the personnel, equipment, or other services or supplies 17 necessary to establish and maintain regional oil and hazardous substances depots and 18 as necessary for response readiness; 19 (2) train members of response corps; and 20 (3) conduct research into oil and hazardous substances spill technology; 21 the office shall include in the research topics for which it conducts or contracts for 22 research, the research topics recommended to it by the Hazardous Substance Spill 23 Technology Review Council under AS 46.13.120. 24 * Sec. 20. AS 46.13.100 is amended to read: 25 Sec. 46.13.100. FINDINGS AND PURPOSE. The legislature 26 (1) finds and declares that there exists a lack of scientific knowledge 27 concerning the availability, properties, and effectiveness of various hazardous substance 28 containment and cleanup technologies; and 29 (2) concludes that it is in the best interest of the state and its citizens 30 to establish a Hazardous Substance Spill Technology Review Council [IN THE 31 ALASKA STATE EMERGENCY RESPONSE COMMISSION] to assist in the
01 identification of containment and cleanup products and procedures for arctic and 02 sub-arctic hazardous substance releases and make recommendations to the departments 03 and agencies of the state regarding their use and deployment. 04 * Sec. 21. AS 46.13.110(a) is amended to read: 05 (a) There is established in the Department of Environmental Conservation 06 [ALASKA STATE EMERGENCY RESPONSE COMMISSION] the Hazardous 07 Substance Spill Technology Review Council. 08 * Sec. 22. AS 26.23.215; AS 46.04.200(b)(5); AS 46.08.190(3); AS 46.13.010, 46.13.020, 09 46.13.030, 46.13.040, 46.13.045, 46.13.050, 46.13.060, 46.13.070, 46.13.080, 46.13.090, 10 46.13.120(6), and 46.13.900(1) are repealed. 11 * Sec. 23. TRANSITION. (a) Litigation, hearings, investigations, and other proceedings 12 pending under a law amended or repealed by this Act, or in connection with functions 13 transferred by this Act, continue in effect and may be continued and completed 14 notwithstanding a transfer or amendment or repeal provided for in this Act. 15 (b) Contracts, rights, liabilities, and obligations created by or under a law amended 16 or repealed by this Act, and in effect on the effective date of this Act, remain in effect 17 notwithstanding this Act's taking effect. 18 (c) Regulations adopted under sections amended or repealed by this Act remain in 19 effect until superseded by new regulations adopted under sections amended or enacted by this 20 Act.