CSSB 33(STA): "An Act relating to emergency planning and response; transferring the Hazardous Substance Spill Technology Review Council to the Department of Environmental Conservation; transferring the Alaska 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; and eliminating a requirement that the state and regional oil discharge prevention and contingency plans be revised annually."
00CS FOR SENATE BILL NO. 33(STA) 01 "An Act relating to emergency planning and response; transferring the Hazardous 02 Substance Spill Technology Review Council to the Department of Environmental 03 Conservation; transferring the Alaska State Emergency Response Commission, 04 including its duty to designate local emergency planning districts and appoint local 05 emergency planning committees, to the Department of Military and Veterans' 06 Affairs; and eliminating a requirement that the state and regional oil discharge 07 prevention and contingency plans be revised annually." 08 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 09 * Section 1. AS 26.23.040(e) is amended by adding a new paragraph to read: 10 (12) to the extent that money is available from an appropriation for the 11 purposes of this paragraph, 12 (A) award grants for the purpose of forming local emergency 13 planning committees under AS 26.23.073; 14 (B) in order to comply with 49 U.S.C. Appx. 1815(a)(3), make
01 funds available to local emergency planning committees for developing and 02 maintaining emergency plans under AS 26.23.073 and 26.23.075; 03 (C) make funds available to local emergency planning 04 committees to implement 42 U.S.C. 11022(e) and 42 U.S.C. 11044; and 05 (D) award grants for training local emergency planning 06 committees and for training and equipping the emergency response 07 organizations that execute the plans developed by the committees under 08 AS 26.23.073 and 26.23.075. 09 * Sec. 2. AS 26.23.040 is amended by adding a new subsection to read: 10 (f) To the extent that the plan prepared under this section relates to action 11 required to avert human injury or other damage from a release of a hazardous 12 substance, the plan must be substantially equivalent in relevant respect to the local 13 emergency plans prepared under AS 26.23.073 and 26.23.075 and the state and 14 regional master plans prepared by the Department of Environmental Conservation 15 under AS 46.04.200 - 46.04.210. The plan must use an incident command system 16 comparable to the system used in those plans and must be reviewed by the Alaska 17 State Emergency Response Commission under AS 26.23.077. 18 * Sec. 3. AS 26.23 is amended by adding a new section to read: 19 Sec. 26.23.045. RESPONSE CORPS; DEPOTS. (a) The department shall 20 establish a response corps. The corps consists of volunteers who register with the 21 department and agree to be trained in techniques for emergency and disaster response 22 and to be available on short notice to carry out responsibilities of the corps under an 23 applicable incident command system. Members of the corps are entitled to per diem 24 and expenses as determined by the department for training and for days spent in 25 service to the state. 26 (b) The department shall maintain emergency response depots in areas of the 27 state identified for that purpose in the state emergency plan developed under 28 AS 26.23.040. The depots shall be equipped and staffed in a manner that ensures 29 prompt response to emergencies and disasters. 30 * Sec. 4. AS 26.23.060(a) is amended to read: 31 (a) Each political subdivision in the state is within the jurisdiction of, and shall
01 be served by, the Alaska division of emergency services. A municipality also may be 02 served by a local or interjurisdictional agency that is responsible for disaster 03 preparedness and coordination of response or by a local emergency planning 04 committee created under AS 26.23.071 that is responsible for oil and hazardous 05 substance release response planning. 06 * Sec. 5. AS 26.23.060 is amended by adding a new subsection to read: 07 (g) To the extent that a plan prepared under this section relates to action 08 required to avert human injury or other damage from a release of a hazardous 09 substance, the plan must be substantially equivalent in relevant respect to the local 10 emergency plans prepared under AS 26.23.073 and 26.23.075 and the state and 11 regional master plans prepared by the Department of Environmental Conservation 12 under AS 46.04.200 - 46.04.210. The plan must use an incident command system 13 comparable to the system used in those plans and must be reviewed by the Alaska 14 State Emergency Response Commission under AS 26.23.077. 15 * Sec. 6. AS 26.23.070 is amended by adding a new subsection to read: 16 (d) To the extent that a plan prepared under this section relates to action 17 required to avert human injury or other damage from a release of a hazardous 18 substance, the plan must be substantially equivalent in relevant respect to the local 19 emergency plans prepared under AS 26.23.073 and 26.23.075 and the state and 20 regional master plans prepared by the Department of Environmental Conservation 21 under AS 46.04.200 - 46.04.210. The plan must use an incident command system 22 comparable to the system used in those plans and must be reviewed by the Alaska 23 State Emergency Response Commission under AS 26.23.077. 24 * Sec. 7. AS 26.23 is amended by adding new sections to read: 25 Sec. 26.23.071. ALASKA STATE EMERGENCY RESPONSE 26 COMMISSION. (a) There is established in the Department of Military and Veterans' 27 Affairs the Alaska State Emergency Response Commission. 28 (b) The commission consists of the commissioners of community and regional 29 affairs, environmental conservation, fish and game, health and social services, labor, 30 natural resources, public safety, and transportation and public facilities, or the 31 designees of the commissioners, the adjutant general of the Department of Military and
01 Veterans' Affairs or a designee, and seven members of the public appointed by the 02 governor, two of whom must be members of a local emergency planning committee 03 for an emergency planning district that is predominantly rural in character and two of 04 whom must be members of a local emergency planning committee for an emergency 05 planning district that is predominantly urban in character. Two of the other three 06 members of the public who are appointed to the commission must be members of the 07 governing body of a political subdivision that has a local emergency planning 08 committee. To the extent practicable, the commission must include members with 09 expertise in the emergency response field. 10 (c) The adjutant general of the Department of Military and Veterans' Affairs, 11 or the adjutant general's designee, and the commissioner of environmental 12 conservation, or the commissioner's designee, shall co-chair the commission. The 13 Department of Military and Veterans' Affairs shall provide staff support to the 14 commission. 15 (d) Members of the commission other than those from the designated state 16 departments serve at the pleasure of the governor for staggered terms of three years. 17 Members of the commission serve without compensation but are entitled to per diem 18 and travel expenses authorized for members of boards and commissions under 19 AS 39.20.180. 20 (e) The commission shall 21 (1) serve as the state emergency response commission required under 22 42 U.S.C. 11001 - 11005; 23 (2) facilitate the preparation and implementation of all emergency 24 plans, including the statewide, interjurisdictional, and local plans prepared under this 25 chapter and the state and regional plans prepared under AS 46.04.200 - 46.04.210; 26 (3) review the plans described in (2) of this subsection according to the 27 criteria established in AS 26.23.077; 28 (4) designate, and revise as necessary, the boundaries of emergency 29 planning districts under AS 26.23.073; 30 (5) establish a local emergency planning committee under 31 AS 26.23.073(d) for each emergency planning district;
01 (6) supervise and coordinate the activities of local emergency planning 02 committees; 03 (7) establish procedures for receiving and processing requests from the 04 public for information under 42 U.S.C. 11044, including tier II information under 42 05 U.S.C. 11022; 06 (8) review reports about responses to disaster emergencies and make 07 recommendations to the appropriate parties involved in the response concerning 08 improved prevention and preparedness; 09 (9) perform other coordinating, advisory, or planning tasks related to 10 emergency planning and preparedness for all types of hazards, community 11 right-to-know reporting, toxic chemical release reporting, or management of hazardous 12 substances; 13 (10) recommend procedures to integrate, as appropriate, hazardous 14 substance response planning under 42 U.S.C. 11001 - 11005, federal contingency 15 planning under 33 U.S.C. 1321 and other federal laws applicable to hazardous 16 substance discharges, and state, regional, and local planning under this chapter and 17 AS 46.04.200 - 46.04.210; 18 (11) to the extent consistent with the constitution and law of the state, 19 perform all other functions prescribed for state emergency response commissions under 20 42 U.S.C. 11001 - 11005; and 21 (12) adopt regulations necessary to carry out the purposes of 22 AS 26.23.071 - 26.23.077 and 42 U.S.C. 11001 - 11005. 23 Sec. 26.23.073. EMERGENCY PLANNING DISTRICTS AND 24 COMMITTEES. (a) The commission shall set the boundaries of local emergency 25 planning districts. The commission shall set the boundaries of a district so that they 26 are coextensive with the boundaries of a single political subdivision except when it 27 would be more appropriate, based on findings of the commission, for the district to 28 include more than one political subdivision or some area that is not contained within 29 a political subdivision. Before the commission sets the boundaries for a district under 30 this subsection so that it includes more than one political subdivision or some area that 31 is not within a political subdivision, the commission shall consult the emergency
01 response organizations and the governing body of the political subdivisions in the 02 proposed district. 03 (b) If, after the commission sets boundaries for districts under (a) of this 04 section, there remain areas of the state that are not included in any district, those areas 05 constitute a local emergency planning district. 06 (c) If the commission sets boundaries for a district under this section that 07 includes more than one political subdivision, the commission shall recommend to the 08 governor the designation of an interjurisdictional disaster planning and service area 09 under AS 26.23.070 whose boundaries are coextensive with the boundaries of the local 10 emergency planning district established under this section. 11 (d) The commission shall appoint the members of a local emergency planning 12 committee for each emergency planning district established under (a) and (b) of this 13 section. In making appointments for a district that contains only one political 14 subdivision, the commission shall follow the recommendations of the governing body 15 of the political subdivision if those recommendations would constitute a committee that 16 meets the requirements of this subsection. In making appointments for a district that 17 contains more than one political subdivision, the commission shall consider the 18 recommendations of the governing body of each political subdivision and follow the 19 recommendations to the extent that the governing bodies are in agreement and their 20 recommendations would constitute a committee that meets the requirements of this 21 subsection. To the extent required under regulations that may be adopted by the 22 commission, the political subdivisions in a district that includes more than one political 23 subdivision shall follow a process under which they develop coordinated 24 recommendations to submit to the commission under this subsection. In making 25 appointments for a district that includes some area that is not contained within a 26 political subdivision, the commission shall consider the recommendations of emergency 27 response organizations in the district. In making appointments for the district formed 28 under (b) of this section, the commission shall attempt to achieve equitable 29 geographical representation on the committee. Except as provided in (e) of this 30 section, each committee must include, at a minimum, representatives of each of the 31 following seven categories:
01 (1) elected local officials; 02 (2) law enforcement, civil defense, fire fighting, first aid, health, local 03 environmental, hospital, and transportation personnel; 04 (3) broadcast or print media; 05 (4) community groups; 06 (5) owners and operators of facilities subject to the requirements of 42 07 U.S.C. 11001 - 11005; 08 (6) members of a local or interjurisdictional planning and disaster 09 agency if one has been established that includes part of the district; and 10 (7) members of the public that are not described in (1) - (6) of this 11 subsection. 12 (e) If advertisement and the commission's own initiative do not result in the 13 acceptance of appointment to a committee by at least one person from a category 14 under (d)(1) - (7) of this section, the requirement of (d) of this section that there be 15 representation of that category on that committee is suspended until sufficient willing 16 appointees become available. 17 (f) A person may request the commission to change the membership of a local 18 emergency planning committee. 19 (g) Each local emergency planning committee shall 20 (1) establish procedures for receiving and processing requests from the 21 public for information under 42 U.S.C. 11044, including tier II information under 42 22 U.S.C. 11022; 23 (2) appoint a chair and establish rules by which the committee shall 24 function, including provisions for public notification of committee activities, public 25 advertising of positions available on the committee, public meetings to discuss the 26 emergency plan, public comments, response to the comments by the committee, 27 distribution of the emergency plan, and designation of an official to serve as 28 coordinator for information; 29 (3) prepare and periodically review an emergency plan in accordance 30 with 42 U.S.C. 11003(a) in a manner that includes coordination with the political 31 subdivisions covered by the plan;
01 (4) evaluate the need for resources necessary to develop, implement, 02 and exercise the emergency plan, and submit recommendations to the political 03 subdivisions in the emergency planning district with respect to the resources that may 04 be required and the means for providing the resources; 05 (5) to the extent consistent with the constitution and law of the state, 06 perform all other functions prescribed for emergency planning committees in 42 U.S.C. 07 11001 - 11005; 08 (6) to the extent considered advisable by the committee, make 09 recommendations to political subdivisions, interjurisdictional planning and disaster 10 agencies, and state agencies about the preparation of local, state, and interjurisdictional 11 plans; and 12 (7) serve as an advisory committee to the political subdivisions within 13 the emergency planning district or the interjurisdictional planning and service area 14 established under AS 26.23.070 with respect to emergency planning, training, and 15 response. 16 (h) A state agency represented on the commission shall, upon request, provide 17 technical assistance to a local emergency planning committee in the performance of 18 its duties under this section. 19 Sec. 26.23.075. EMERGENCY PLANS. (a) An emergency plan prepared 20 under AS 26.23.073 must include 21 (1) identification of facilities subject to the requirements of 42 U.S.C. 22 11001 - 11005 that are within the emergency planning district, identification of routes 23 likely to be used for the transportation of substances on the list of extremely hazardous 24 substances referred to in 42 U.S.C. 11002(a), and identification of additional facilities 25 contributing or subjected to additional risk due to their proximity to facilities subject 26 to the requirements of 42 U.S.C. 11001 - 11005 such as hospitals or natural gas 27 facilities; 28 (2) methods and procedures to be followed by facility owners and 29 operators and local emergency and medical personnel to respond to a release of 30 hazardous substances or a release of substances on the list of extremely hazardous 31 substances referred to in 42 U.S.C. 11002(a);
01 (3) designation of an emergency coordinator, as required under 02 AS 26.23.060(d), and facility emergency coordinators, who shall make determinations 03 necessary to implement the emergency plan; 04 (4) procedures providing reliable, effective, and timely notification by 05 the facility emergency coordinators to persons designated in the emergency plan, and 06 to the public, that a release has occurred, consistent with the emergency notification 07 requirements of 42 U.S.C. 11004; 08 (5) methods for determining the occurrence of a release and the area 09 or population likely to be affected by that release; 10 (6) a description of emergency equipment and facilities in the 11 community and at each facility in the community subject to the requirements of 42 12 U.S.C. 11001 - 11005, and an identification of the persons responsible for the 13 equipment and facilities; 14 (7) evacuation plans, including provisions for a precautionary 15 evacuation and alternative traffic routes; 16 (8) training programs, including schedules for training of local 17 emergency response and medical personnel; and 18 (9) methods and schedules for exercising the emergency plan. 19 (b) An emergency plan prepared under AS 26.23.073 may include descriptions, 20 procedures, and programs related to disasters other than those caused by releases of 21 hazardous substances. 22 (c) Each emergency plan prepared under AS 26.23.073 must incorporate within 23 it an incident command system. The incident command system must be substantially 24 equivalent in relevant respects to the incident command systems established under 25 AS 46.04.200 - 46.04.210 and meet the requirements of AS 26.23.077. 26 Sec. 26.23.077. PLAN REVIEW; INCIDENT COMMAND SYSTEMS. (a) 27 The commission shall review and make recommendations about local, 28 interjurisdictional, regional, and state emergency plans, including plans prepared under 29 this chapter and AS 46.04.200 - 46.04.210. 30 (b) When making recommendations about a plan, the commission shall suggest 31 changes that ensure that the plan includes an incident command system that describes
01 the respective roles of affected persons and agencies in a clear and specific manner and 02 that the respective roles of state agencies are consistent with their statutory duties. The 03 commission shall also suggest changes that ensure that the plans are well-integrated 04 with related plans. 05 (c) To the extent consistent with other law, an incident command system 06 recommended under this section or included in a plan reviewed under this section must 07 provide that the Department of Military and Veterans' Affairs has a major role in 08 mobilization of personnel and resources, communications, transportation planning, and 09 other logistics involved in a state response to a disaster or other emergency. 10 * Sec. 8. AS 26.23.150(a) is amended to read: 11 (a) In addition to disaster prevention measures as included in the state, local, 12 and interjurisdictional disaster plans, the governor shall consider, on a continuing basis, 13 steps that could be taken to prevent or reduce the harmful consequences of disasters. 14 At the governor's direction, and under any other authority and competence they have, 15 state agencies, including but not limited to those charged with responsibilities in 16 connection with flood plain management, stream encroachment and flow regulation, 17 weather modification, fire prevention and control, environmental [AIR] quality, public 18 works, land use and land use planning, and construction standards, shall make studies 19 of disaster-prevention-related matters. The governor, from time to time, shall make 20 recommendations to the legislature, local governments, and other appropriate public 21 and private entities as may facilitate measures for the prevention or reduction of the 22 harmful consequences of disasters. 23 * Sec. 9. AS 26.23.900 is amended by adding new paragraphs to read: 24 (8) "commission" means the Alaska State Emergency Response 25 Commission; 26 (9) "hazardous substance" has the meaning given in AS 46.03.826; 27 (10) "interjurisdictional planning and disaster agency" means an 28 interjurisdictional agency authorized under AS 26.23.060 or an interjurisdictional 29 relationship created by order of the governor under AS 26.23.070(a). 30 * Sec. 10. AS 46.03.865(a) is amended to read: 31 (a) When the department finds that an actual or imminent discharge of oil, a
01 hazardous substance, or low level radioactive materials to the air, water, land, or 02 subsurface land of the state poses an immediate threat to the public health or welfare 03 or the environment of the state, it may issue an order declaring an emergency and 04 directing a person or persons to take action the department believes necessary to meet 05 the emergency, and protect the public health, welfare, or environment. If there is an 06 incident command system established under AS 26.23 or [,] AS 46.04.200 - 46.04.210 07 [, OR AS 46.13] that is applicable to the situation for which the department issues an 08 order under this subsection, the department's exercise of authority under this 09 subsection shall be guided by the relevant provisions of the incident command system. 10 * Sec. 11. AS 46.03.865(c) is amended to read: 11 (c) During a period of emergency declared under (a) of this section, each state 12 agency shall take whatever action the department finds necessary to meet the 13 emergency and to protect the public health, welfare, or environment, consistent with 14 the responsibilities assigned to them under an incident command system established 15 under AS 26.23 or [,] AS 46.04.200 - 46.04.210 [, OR AS 46.13] if one is applicable 16 to the situation. 17 * Sec. 12. AS 46.04.200 is amended to read: 18 Sec. 46.04.200. STATE MASTER PLAN. (a) The department shall prepare, 19 [AND] annually review, and revise as necessary a statewide master oil and hazardous 20 substance discharge prevention and contingency plan. 21 (b) The state master plan prepared under this section must 22 (1) take into consideration the elements of an oil discharge prevention 23 and contingency plan approved or submitted for approval under AS 46.04.030; 24 (2) include incident command systems that clarify and specify the 25 respective responsibilities of each of the following in the assessment, containment, and 26 cleanup of various types and sizes of discharges of oil or a hazardous substance into 27 the environment of the state: 28 (A) the Department of Environmental Conservation [, THE 29 DIVISION OF EMERGENCY SERVICES IN THE DEPARTMENT OF 30 MILITARY AND VETERANS' AFFAIRS, AND OTHER AGENCIES OF 31 THE STATE; RESPONSIBILITIES ASSIGNED TO EACH AGENCY MUST
01 BE CONSISTENT WITH ITS STATUTORY AUTHORITY]; 02 (B) municipalities of the state; 03 (C) appropriate federal agencies; 04 (D) operators of facilities; 05 (E) private parties whose land and other property may be 06 affected by the oil or hazardous substance discharge; and 07 (F) if the release involves a disaster declared by a state or 08 local official, the duties of all appropriate state agencies [OTHER PARTIES 09 IDENTIFIED BY THE COMMISSION AS HAVING AN INTEREST IN OR 10 THE RESOURCES TO ASSIST IN THE CONTAINMENT AND CLEANUP 11 OF AN OIL OR HAZARDOUS SUBSTANCE DISCHARGE]; 12 (3) include incident command systems that specify the respective 13 responsibilities of parties identified in (2) of this subsection in an emergency response 14 under AS 26.23, AS 46.03.865, [OR] AS 46.04.080, or AS 46.09.030; responsibilities 15 assigned to each state agency must be consistent with its statutory authority; and 16 (4) identify actions necessary to reduce the likelihood of 17 [CATASTROPHIC OIL DISCHARGES AND SIGNIFICANT] discharges of oil or 18 hazardous substances [; AND 19 (5) DESIGNATE THE LOCATIONS WHERE OIL AND 20 HAZARDOUS SUBSTANCE EMERGENCY RESPONSE DEPOTS SHOULD BE 21 ESTABLISHED IN THE STATE AND WHERE EMERGENCY RESPONSE CORPS 22 PERSONNEL SHOULD BE AVAILABLE]. 23 (c) If the commissioner determines that [IN PREPARING AND 24 ANNUALLY REVIEWING] the state master plan should be revised, the 25 commissioner shall 26 (1) consult with municipal, [AND] community, and local emergency 27 planning committee officials, and with representatives of affected regional 28 organizations; 29 (2) submit the draft plan with revisions to the public for review and 30 comment; and 31 (3) submit to the legislature for review, not later than the 10th day
01 following the convening of each regular session, [THE PLAN AND] any [ANNUAL] 02 revision of the plan; 03 (4) [REQUIRE OR SCHEDULE UNANNOUNCED OIL SPILL 04 DRILLS TO TEST THE SUFFICIENCY OF AN OIL DISCHARGE PREVENTION 05 AND CONTINGENCY PLAN APPROVED UNDER AS 46.04.030 OR OF THE 06 CLEANUP PLANS OF A PARTY IDENTIFIED UNDER (b)(2) OF THIS SECTION; 07 (5)] submit [THE PLAN AND] any revision of the plan to the Alaska 08 State Emergency Response Commission for its review [AND APPROVAL] under 09 AS 26.23.077 [AS 46.13.045]. 10 * Sec. 13. AS 46.04.200 is amended by adding a new subsection to read: 11 (d) In order to determine whether the state master plan should be revised, or 12 at any other time, the commissioner may require or schedule unannounced oil spill 13 drills to test the sufficiency of an oil discharge prevention and contingency plan 14 approved under AS 46.04.030 or of the cleanup plans of a party identified under (b)(2) 15 of this section. 16 * Sec. 14. AS 46.04.210(a) is amended to read: 17 (a) For any region of the state, the boundaries of which are determined by the 18 commissioner by regulation, in which the department is required to review and approve 19 an oil discharge prevention and contingency plan submitted by a person under 20 AS 46.04.030, the department shall prepare, [AND] annually review, and revise as 21 necessary a regional master oil and hazardous substance discharge prevention and 22 contingency plan. 23 * Sec. 15. AS 46.04.210 is amended by adding a new subsection to read: 24 (c) In setting boundaries under (a) of this section, the department shall, when 25 possible, group together communities that are likely to require coordination of their 26 efforts to respond effectively to a discharge. 27 * Sec. 16. AS 46.08.040(a) is amended to read: 28 (a) In addition to money in the fund that is transferred to the commissioner of 29 community and regional affairs to make grants under AS 29.60.510 and to pay for 30 impact assessments under AS 29.60.560, the commissioner of environmental 31 conservation may use money from the fund to
01 (1) investigate and evaluate the release or threatened release of oil or 02 a hazardous substance, and contain, clean up, and take other necessary action, such as 03 monitoring and assessing, to address a release or threatened release of oil or a 04 hazardous substance that poses an imminent and substantial threat to the public health 05 or welfare, or to the environment; 06 (2) pay all costs incurred to 07 (A) establish and maintain the oil and hazardous substance 08 response office, including costs incurred under an agreement entered into 09 under AS 46.04.090 or AS 46.09.040; 10 (B) review oil discharge prevention and contingency plans 11 submitted under AS 46.04.030; 12 (C) conduct training, response exercises, inspections, and tests, 13 in order to verify equipment inventories and ability to prevent and respond to 14 oil and hazardous substance release emergencies, and to undertake other 15 activities intended to verify or establish the preparedness of the state, a 16 municipality, or a party required by AS 46.04.030 to have an approved 17 contingency plan to act in accordance with that plan; and 18 (D) verify or establish proof of financial responsibility required 19 by AS 46.04.040; 20 (3) pay the expenses incurred by the Department of Military and 21 Veterans' Affairs [ALASKA DIVISION OF EMERGENCY SERVICES] for Alaska 22 State Emergency Response Commission activities, including staff support, and for 23 the costs of being prepared for and responding to a request by the Department 24 of Environmental Conservation for support in response and restoration activities, 25 but not including the costs of maintaining the [OIL AND HAZARDOUS 26 SUBSTANCE] response corps and the emergency [OIL AND HAZARDOUS 27 SUBSTANCE] response depots under AS 26.23.045, when presented with appropriate 28 documentation by the Department of Military and Veterans' Affairs [DIVISION]; 29 (4) provide matching funds for participation in federal oil discharge 30 cleanup activities and under 42 U.S.C. 9601 - 9657 (Comprehensive Environmental 31 Response, Compensation, and Liability Act of 1980);
01 (5) recover the costs to the state, a municipality, or a village of a 02 containment and cleanup resulting from the release or the threatened release of oil or 03 a hazardous substance; 04 (6) prepare, review, and revise 05 (A) the state's master oil and hazardous substance discharge 06 prevention and contingency plan required by AS 46.04.200; and 07 (B) a regional master oil and hazardous substance discharge 08 prevention and contingency plan required by AS 46.04.210; and 09 (7) restore the environment by addressing the effects of an oil or 10 hazardous substance release. 11 * Sec. 17. 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 17 SERVICES OR SUPPLIES NECESSARY TO ESTABLISH AND MAINTAIN 18 REGIONAL OIL AND HAZARDOUS SUBSTANCES DEPOTS AND 19 AS NECESSARY FOR RESPONSE READINESS; 20 (2) TRAIN MEMBERS OF RESPONSE CORPS; AND 21 (3)] conduct research into oil and hazardous substances spill 22 technology; the department [OFFICE] shall include in the research topics for which 23 it conducts or contracts for research, the research topics recommended to it by the 24 Hazardous Substance Spill Technology Review Council under AS 46.13.120. 25 * Sec. 18. AS 46.09.040 is amended to read: 26 Sec. 46.09.040. HAZARDOUS SUBSTANCES CONTAINMENT AND 27 CLEANUP. The department [COMMISSIONER] may contract with a person or a 28 municipality for personnel, equipment, or services that may be useful to carry out the 29 requirements of this chapter. If the department [COMMISSIONER] determines that 30 it is infeasible to contract with a person or a municipality, the department 31 [COMMISSIONER] may establish and maintain containment and cleanup personnel,
01 equipment, and supplies necessary to carry out the requirements of this chapter. When 02 exercising its authority under this section, the department shall coordinate with 03 the Department of Military and Veterans' Affairs to avoid duplication of efforts. 04 * Sec. 19. AS 46.13.100 is amended to read: 05 Sec. 46.13.100. FINDINGS AND PURPOSE. The legislature 06 (1) finds and declares that there exists a lack of scientific knowledge 07 concerning the availability, properties, and effectiveness of various hazardous substance 08 containment and cleanup technologies; and 09 (2) concludes that it is in the best interest of the state and its citizens 10 to establish a Hazardous Substance Spill Technology Review Council [IN THE 11 ALASKA STATE EMERGENCY RESPONSE COMMISSION] to assist in the 12 identification of containment and cleanup products and procedures for arctic and 13 sub-arctic hazardous substance releases and make recommendations to the departments 14 and agencies of the state regarding their use and deployment. 15 * Sec. 20. AS 46.13.110(a) is amended to read: 16 (a) There is established in the Department of Environmental Conservation 17 [ALASKA STATE EMERGENCY RESPONSE COMMISSION] the Hazardous 18 Substance Spill Technology Review Council. 19 * Sec. 21. AS 26.23.190(b), 26.23.195(a), 26.23.195(c), 26.23.215; AS 46.08.110, 20 46.08.120, 46.08.190(1), 46.08.190(2), 46.08.190(3); AS 46.13.010, 46.13.020, 46.13.030, 21 46.13.040, 46.13.045, 46.13.050, 46.13.060, 46.13.070, 46.13.080, 46.13.090, 46.13.120(6), 22 and 46.13.900(1) are repealed. 23 * Sec. 22. TRANSITION. (a) Litigation, hearings, investigations, and other proceedings 24 pending under a law amended or repealed by this Act, or in connection with functions 25 transferred by this Act, continue in effect and may be continued and completed 26 notwithstanding a transfer or amendment or repeal provided for in this Act. 27 (b) Contracts, rights, liabilities, and obligations created by or under a law amended 28 or repealed by this Act, and in effect on the effective date of this Act, remain in effect 29 notwithstanding this Act's taking effect. 30 (c) Regulations adopted under sections amended or repealed by this Act remain in 31 effect until superseded by new regulations adopted under sections amended or enacted by this
01 Act.