Legislature(2021 - 2022)BARNES 124
02/16/2022 01:00 PM House RESOURCES
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| Audio | Topic |
|---|---|
| Start | |
| HB209 | |
| HB52 | |
| HB287 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 209 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | HB 52 | TELECONFERENCED | |
| += | HB 287 | TELECONFERENCED | |
HB 209-EMERGENCY FIREFIGHTERS
1:06:20 PM
CHAIR PATKOTAK announced that the first order of business would
be HOUSE BILL NO. 209, "An Act relating to emergency
firefighters."
1:06:37 PM
REPRESENTATIVE CRONK, as prime sponsor, introduced HB 209. He
spoke from the sponsor statement, which stated [original
punctuation provided]:
HB 209 authorizes the Commissioner of the Department
of Natural Resources to hire emergency firefighter
[EFF] personnel using general fund appropriations.
By amending AS 41.15.030(b), allowing the use of
general funds to pay EFF personnel, they would be able
to perform nonemergency work, such as hazardous fuel
reduction, fuel break development, fire prevention,
habitat restoration or improvement activities in fire-
prone areas. In addition, this would provide economic
opportunities for Alaskans, to enhance public safety,
to empower rural Alaskans, to responsibly manage the
state's natural resources, and to protect and save
human lives.
Such nonemergency work could reduce the likelihood,
intensity, and damage of wildland fires near populated
areas and could bring significant reductions in the
state's costs to fight future fires. Steady employment
opportunities for mostly rural-based firefighting
crews would strengthen local economies, family life,
and enhance public safety. By employing EFF during
non-emergency would provide training, fitness, and
readiness for when a wildfire does occur. The number
of EFF personnel that may be interested in applying
for permanent DNR jobs would increase, which would
help with recruitment.
1:08:54 PM
REPRESENTATIVE HANNAN asked whether the bill's focus on the use
of general funds is because there is currently a prohibition in
statute.
1:09:47 PM
SUE STANCLIFF, Staff, Representative Mike Cronk, Alaska State
Legislature, on behalf of Representative Cronk, prime sponsor,
replied that currently the statute does prohibit general funds
from being used to hire non-emergency firefighters, and HB 209
would amend that and allow it to be used for that.
REPRESENTATIVE HANNAN asked whether there are any other funds
that are currently restricted or whether the only prohibition is
general funds.
MS. STANCLIFF responded that for state EFF there are not general
funds, and no other funds are used unless there is an incident.
Once there is an incident it depends on the land ownership - if
it is on Bureau of Land Management (BLM) lands then it is
federal, if it is within a municipality or tribal land then the
landowner pays and contributes to those fees - but this is
strictly general funds.
1:11:06 PM
REPRESENTATIVE RAUSCHER thanked the sponsor for bringing forth
HB 209. He asked whether the Department of Natural Resources
(DNR) is in favor of the bill.
REPRESENTATIVE PATKOTAK stated that DNR will be speaking to the
bill.
1:12:06 PM
REPRESENTATIVE HOPKINS thanked the sponsor for introducing the
bill. He offered his understanding that the state cannot use
federal money to maintain firebreaks but can use federal dollars
to put in those firebreaks. He noted that the Division of
Forestry has been working with local, private contractors to put
in many of those firebreaks. He asked whether under the bill's
current language these wildland firefighters would be able to
work on projects putting in firebreaks that have federal dollars
attached to them.
MS. STANCLIFF offered her understanding that they would be able
to be utilized on different firebreaks, different mitigation,
regardless of the land use; if an MOA is in place, state EFF
would be able to do that.
REPRESENTATIVE HOPKINS stated he wants to make sure it isn't
what type of land it is, but also what type of dollars are being
used to do non-emergency work. He noted that the statute
disallowing emergency firefighters from being able to do non-
emergency firefighter work was established in the [1990s]. He
inquired about the reason for putting in that language.
MS. STANCLIFF offered her belief that the primary reason was
related to the employees. She spoke from the last paragraph of
the sponsor statement, which states [original punctuation
included]:
Based on the legislative history, amending AS
41.15.030(b)'s last sentence does not appear to yield
any constitutional or legal problems. In 1996, the
legislature added the last sentence of AS 41.15.030(b)
to address concerns about conflicts with AS 39.25.195
of the Alaska Personnel Act; specifically, that short
term non-permanent employees would become full time
employees. However, in 2000, the legislature amended
AS 39.25.195 to allow for long term nonpermanent
employees. Due to this amendment, the apparent
concerns expressed by the legislature in 1996
warranting the inclusion of the last sentence to AS
41.15.020(b) no longer exists.
MS. STANCLIFF continued her response. She said the other
reason, per her personal history with the fire crews and the
state budget, was the use of general funds and running short on
monies as the state tightened its belt in the 1990s was to
identify specifically with costs of fire, to rein it in.
1:15:42 PM
REPRESENTATIVE GILLHAM inquired about the fiscal note.
REPRESENTATIVE CRONK replied that there is a zero fiscal note.
He deferred to DNR to explain the fiscal note.
1:16:07 PM
REPRESENTATIVE FIELDS stated that there have been challenges in
recruiting and perhaps a paradigm shift where the state does not
have the same sort of ability to do seasonal hiring, and HB 209
would fix that. In his region, he related, tree and brush lines
are rising, and the bill responds to that reality; in addition,
trails act as firebreaks. He surmised that HB 209 would improve
the state's ability to capture some of these federal dollars to
save lives and keep fires smaller.
1:17:51 PM
REPRESENTATIVE CRONK said he is hoping this will get more
employment in Alaska's villages as well as interagency
partnerships to use these people doing good work for Alaska. It
will keep money in Alaska rather than spending lots of money to
bring crews up from the Lower 48.
1:18:52 PM
NORMAN MCDONALD, Fire Program Manager, Division of Forestry &
Fire Protection, Department of Natural Resources (DNR),
testified in support of HB 209. He said the bill is a
manifestation of Alaska's need to build capacity and face a
rapidly increasing wildland fire challenge. The bill will help
the division achieve its mission of fire prevention and
suppression, providing safety to Alaskans statewide. It will
also provide jobs and training for Alaskans, primarily those in
rural communities.
MR. MCDONALD explained that removing the funding impediment in
AS 41.15.030 will allow DNR to use already allocated general
funds to pay EFF for non-emergency fire prevention work during
periods of low fire activity in shoulder seasons both spring and
fall. Benefits of this work include training of EFF employees
in firefighting skills, improving the division's ability to put
in fuel breaks around communities, and saving potentially tens
of millions of dollars in fire suppression costs down the line.
MR. MCDONALD specified that while HB 209 allows general funds to
be used for EFF in non-emergency tasks, the division is
suggesting to only use funds that have already been appropriated
for fuels reduction and prevention work, thus the zero fiscal
note. In the last two years, the division has received $17
million in hazard fuels reduction funds from the state and
continues to receive more federal funds. The EFF work will
continue to be limited to fire response and fire prevention
related activities. The division's firefighting mission has
increased dramatically as Alaska and the nation face more
intense and longer fire seasons.
1:21:17 PM
MR. MCDONALD said the division's first primary mission is to
protect Alaskans from wildland fire and build hazardous fuel
breaks around communities to protect homes and businesses. The
division currently does not have sufficient personnel to staff
to Preparedness Level 3 (PL 3), a normal high fire danger day in
Alaska. In the past, EFF crews supplemented the permanent and
private sector force. The lack of consistent EFF crews has led
to a drastic decline in their number from approximately 56 crews
in 2010 to under eight in 2021, with the most notable loss of
crews being in rural villages. Now critically understaffed, the
division relies on importing Lower 48 crews, which is
problematic because Alaska competes with every other state for
these crews and is not always able to receive help. It can take
as long as 72 hours to get Lower 48 crews deployed to an
incident, whereas a quick, aggressive initial attack with local
forces helps limit fire size, duration, and cost. Importing
firefighters and support staff far exceeds the cost of using
Alaska resources. For example, a 22-person Alaska crew on a
fire assignment costs roughly $6,500 a day while a Lower 48 crew
costs nearly $13,500 a day. Also, Lower 48 crews are unfamiliar
with Alaska's fuel types and fire behavior while Alaskan crews
know the most effective tactics for Alaska's landscapes.
Rebuilding and creating a self-sufficient Alaskan firefighting
force will reduce the likelihood, intensity, and damage of
wildland fires near populated areas and could significantly
reduce the cost of fighting future fires.
MR. MCDONALD stated that the division's second primary mission
is hazardous fuels mitigation, a pro-active fire prevention
program that reduces fire risk around communities, and which is
a cost effective and efficient method of fighting fire.
Currently the division has 16 projects underway, five more are
planned for 2022, and 16 more are in the planning stages for
2023 through 2025. More resources are needed for fuels
projects, and these projects will give the division an
opportunity to hire rural Alaskan crews. When a fire starts,
they will be trained and ready to deploy to fires.
1:24:22 PM
MR. MCDONALD related that HB 209 will give the division a way to
provide secure and stable jobs for rural Alaskans, which will
assist in recruitment and retention of a wildland firefighting
force. He said EFF resources will most benefit in rural
communities where access to contracted resources, heavy
equipment, and traditional fuels reduction workforce is limited.
Without these EFF crews Alaska's rural communities may not
receive the same level of protection as roadside communities.
MR. MCDONALD advised that HB 209 also dovetails perfectly with
the division's request in the governor's budget to reinstate the
Wildland Firefighter Academy, for which the budget was cut in
2016. Reinstating the academy will provide career training and
jobs for new firefighters and support staff in rural and urban
Alaska. Workforce development is the key to rebuilding Alaska's
wildland firefighting capacity. Training firefighters in rural
communities will help build the division's pool of recruits to
work on fuels projects and fire suppression.
MR. MCDONALD added that HB 209 will provide steady employment
opportunities for rural-based firefighting crews who will
strengthen local economies and enhance public safety in Alaska
as well as the Lower 48 because EFF crews can be deployed at
fires at the national level. Increasing the number of EFF crews
will also increase the number of qualified applicants for
permanent DNR positions. The bill aligns with the division's
integrated plan to enhance public safety, create a sustainable
workforce, and promote economic opportunities.
1:26:19 PM
ALISON ARIANS, Special Projects Coordinator, Division of
Forestry & Fire Protection, Department of Natural Resources
(DNR), addressed Representative Gillham's question about the
fiscal note. She explained that it is a zero fiscal note
because this is only applying to funds that have already been
allocated. The fiscal year 2021 and 2022 appropriated $17
million for fire risk reduction and fuel break activities with
the intent of establishing a pro-active annual program to reduce
wildfire risk near communities. That would in turn reduce
undesignated general fund (UGF) expenses on fire suppression in
the future. The division is faced with spending down the $17
million with a combination of options, including private
companies and EFF, but the division cannot use EFF non-emergency
funds. No more funds are being asked for because the funds have
already been appropriated.
MS. ARIANS addressed Representative Hopkins' question. She said
the division is looking at lots more federal funds coming online
because of the federal [2021 Infrastructure Investment and Jobs
Act (IIJA)]. State general funds can be used as match to obtain
far greater federal awards in the future, making good use of
state funds.
MS. ARIANS spoke to how the division will fund this in the
future. She specified that there will be federal funds and the
division can carry over funds into the fuel reduction fund using
the unobligated general fund balance that was already slated for
the suppression activity component fund, from which the division
received $2 million in FY 22.
1:29:00 PM
REPRESENTATIVE FIELDS referenced the apocalyptic fires seen in
the Pacific Northwest, which had crews from multiple states. He
surmised that if Alaska does not build its own capacity in-state
it faces the growing risk of being unable to get crews from the
Lower 48 should a large fire in Alaska coincide with a [Pacific
Northwest] mega-fire.
MS. ARIANS replied "absolutely," but deferred to Mr. McDonald to
answer further.
MR. MCDONALD agreed that that is a very real concern. For
example, he said, 2021 was a moderate season in Alaska but a
busy season in the Lower 48 and the division was unable to get
the crews it requested. In 2019, the division was able to
import 5,200 firefighters from the Lower 48 because it was a
very slow season in the Lower 48. But, he warned, if Alaska has
another season like 2019 and the Lower 48 experiences a season
like it did in 2021, those resources will not be available, and
the division will have some very tough decisions on what gets
protected and what does not.
REPRESENTATIVE FIELDS noted the fire season in the Lower 48 is
now approaching year-round. He asked whether some of Alaska's
crews might be able to go work in the Lower 48 and sustain year-
round employment, which might help with recruitment.
MR. MCDONALD answered that the division's support within the
Lower 48 is contingent upon fire danger in Alaska being reduced
to a level where that can be done. Alaska resources were in
California into November [2021] and Alaska sent firefighters to
the Lower 48 around Christmas. He agreed the fire season has
turned to a fire year and said Alaska's fire season continues to
start earlier in the spring and end later in the fall.
1:32:10 PM
REPRESENTATIVE HOPKINS noted HB 209 allows for utilizing these
emergency firefighters during non-emergency firefighting times
and tasks. He asked whether this would take money and
opportunities away from local contractors that have been working
on fuel breaks.
MS. ARIANS replied that the division would use all the resources
possible to address this, and EFF is just one piece. She
deferred to Mr. McDonald to elaborate.
MR. MCDONALD responded that the division does fuels mitigation
utilizing a variety of resources. In Fairbanks, for example,
private contractors with dozers and roller choppers are being
used in maintenance. The crews shine at creating shaded fuel
breaks where larger, healthier trees are left and the dead and
down beetle-killed trees that create ground fires are removed.
There are places where the right tool for [fuels mitigation] is
a private contractor with heavy equipment, right places for
bringing in professional fallers to do technical falling, and
right places for EFF if HB 209 is passed.
1:34:33 PM
REPRESENTATIVE HANNAN asked how the crews would be funded in a
scenario in which the $17 million is spent over the next two
years but not all the firebreaks are cut, and then there is a
rainy year during which the division wants to put crews to work.
MS. ARIANS addressed what will happen once [the current] fuels
reduction fund runs out. She said rain does not affect whether
the division can use the funds for fuels. She reiterated that
the division received $2 million in the fiscal year 2022 (FY 22)
budget to add to the fuels fund for use in the future. She
stated that the division will continue applying for federal
funds to do fuel breaks whether it is rainy, or hot and dry and
burning, because in the future those fuel breaks help to manage
and prepare for fires so that they don't affect communities.
Rolling over fire suppression funds to the fuels fund is a way
that the division could in the future fund more state funds as a
way of future-proofing the fuels fund.
REPRESENTATIVE HANNAN recognized there are seasons with many
fires and seasons with few fires. She asked how often fire
suppression money is left over at the end of a field season that
can be rolled over into the fire fuels reduction fund.
MS. ARIANS deferred to Mr. McDonald to provide an answer.
1:37:40 PM
MR. MCDONALD confirmed it does vary from year to year. He said
the use of unspent suppression funds is one of several options
the division is looking at to continue the fuels funding. He
pointed out that currently there is a huge push nationally for
fuels and fuels reduction, and that this year and moving into
the future there will be a lot of federal funds available to
support that in every state. Alaska will compete with all the
western states for this type of funding and the division has
staff to do that. The state fund that the division has and will
use in the future will go to leverage federal funding. Federal
dollars cannot be used for maintenance of the existing fuels
projects or fuels breaks that were completed over the last 20
years; it is the state's responsibility to do that. Maintenance
is much cheaper than the initial implementation or development
of those projects, so having state funds available to do this
maintenance and keeping those fuel breaks viable is a very
important piece to that funding.
REPRESENTATIVE HANNAN asked how many seasons of fuel reduction
work could be funded with that fund during a low fire year and
the use of all EFF crews.
MR. MCDONALD responded that right now the division's EFF crew is
down to eight. He said the intent is to build to about 25 crews
since returning to the former number of 50-70 crews is probably
a stretch. Through a combination of HB 209, academy training,
and some of the division's other programs, a 20-25 crew roster
should be achievable and the right size for Alaska. More will
be accomplished on fuels projects during slower seasons than
during a season like 2019 where all hands were on deck all
season for wildland fire. While more will be produced with 20
crews than with eight, he doesn't have an answer off the top of
his head. He offered to come up with a scale of what 8 crews
can produce versus 20.
REPRESENTATIVE HANNAN said that would be unnecessary as she was
only asking in case Mr. McDonald already had an estimate.
1:42:16 PM
REPRESENTATIVE GILLHAM offered his understanding that federal
funds could be used for the initial firebreak, but that state
funds must be used for the maintenance.
MR. MCDONALD confirmed that federal funds cannot be used on
maintenance of fuel breaks that were already started with
federal funds; it is the state's responsibility for maintenance.
1:43:03 PM
CHAIR PATKOTAK opened public testimony on HB 209.
1:43:29 PM
CHARLES SINK, Chair, Alaska Wildland Fire Coordinating Group,
related that the Alaska Wildland Fire Coordinating Group is an
inter-agency policymaking group comprised of state, federal, and
Native representatives. He further related that he has worked
20 years for Chugachmiut, a Native nonprofit that maintains a
20-person Type 2 fire crew with a 5-person fuel break crew. He
said he has been integrally involved with trying to maintain the
EFF crews and Native crews around the state, and that
Chugachmiut's crews have worked on several fuel breaks.
MR. SINK noted that the number of EFF crews has gone down from
about 70 in the 1990s to the current number of eight. One of
the many reasons for that, he explained, is that when developing
wildland fire crews and fuel break crews is the consistency of
being able to work. Being unable to maintain longer-term
employment resulted in the loss of workforce and the falling
apart of village crews. Training is key because developing a
22-person fire crew takes consistency and training together to
make that work.
MR. SINK addressed the use of private mechanical contractors
that use machines to help maintain fuel breaks. He said
Chugachmiut does a combination of mechanical work that it hires
out privately along with fire crews that do the handwork portion
that goes along with the mechanical work. Chugachmiut has
enjoyed a lot of success over the 22 years that it has been
involved in wildland firefighting. Chugachmiut has trained a
lot of firefighters that now run crews or work in the agencies
and participate productively in wildland firefighting in the
natural resource field. Mr. Sink shared that in his 2004 study
of workforce development of EFF crews he found that one two-week
deployment of a wildland firefighter group from a very small
village had an impact of 10-15 percent of the total gross
revenue for those small Native communities.
1:47:12 PM
CHAIR PATKOTAK, after ascertaining that no one else wished to
testify, closed public testimony on HB 209.
CHAIR PATKOTAK announced that HB 209 was held over.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB 209 Sponsor Statement 2.16.2022.pdf |
HRES 2/16/2022 1:00:00 PM HRES 2/23/2022 1:00:00 PM |
HB 209 |
| HB 209 Supporting Document DNR Letter of Support 2.16.2022.pdf |
HRES 2/16/2022 1:00:00 PM HRES 2/23/2022 1:00:00 PM |
HB 209 |
| HB 52 Supporting Document Deed of Trust and Security Assignment Lease with DCCED 2.14.2022.pdf |
HRES 2/14/2022 1:00:00 PM HRES 2/16/2022 1:00:00 PM |
HB 52 |
| HB 52 Amendment Schrage D.1 2.14.2022.pdf |
HRES 2/14/2022 1:00:00 PM HRES 2/16/2022 1:00:00 PM |
HB 52 |
| HB 52 Testimony Received as of 2.16.2022.pdf |
HRES 2/16/2022 1:00:00 PM |
HB 52 |
| HB 52 DCCED Amendment D.1 Response 2.14.2022.pdf |
HRES 2/16/2022 1:00:00 PM |
HB 52 |