Legislature(1993 - 1994)
03/31/1993 09:02 AM Senate STA
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
SENATOR LEMAN thanked COLONEL MURPHY for his testimony and announced SB 33 (GRANTS FOR LOCAL EMERGENCY PLANNING) (LEPC) to be up for consideration. ANNETTE KREITZER, Legislative Aide for Senator Leman, said initially SB 33 was introduced to alleviate problems that DEC was having in being able to fund LEPC's for their functions and to allow the Department of Military and Veterans Affairs (DMVA) the ability to use federal funds for the LEPC's. Number 200 CURT FREDRICKSON, Division of Spill Prevention and Response, supported the amendments to SB 33. This bill also does two other things that are important to the Department, he said. Beyond transferring the administration of the State Emergency Response Commission to the DMVA, it distinguishes the responsibilities of the DMVA to provide planning assistance to local communities to address all the hazards that communities face in addition to oil and hazardous substances. It better defines the department's role in oil and hazardous substance spill response. It does this by transferring the response depot and corps from DMVA to the Department of Environmental Conservation (DEC) and makes it clear that the Hazardous Substance Spill Technology Review Council would also report to the DEC. Number 245 ERVIN MARTIN, Director, Division of Emergency Services, supported this legislation, because it is logical to consolidate the technological hazards because of the existing training relationship with the local governments and his agency. SENATOR TAYLOR asked why the need to have state operated and maintained emergency response depots in all areas of the state was no longer valid? MR. MARTIN explained that subsequent to the Exxon Valdez spill, the industry has committed more than $110 million in response capability. Because of the reduction in state revenues and because the industry has established this response capability, all the state needs to do is identify vulnerable areas that have a threat and have no response capability and deal with those. SENATOR TAYLOR commented that if all we are really concerned about is refined products and the transhipment, we should think about cutting the 470 fund. MR. MARTIN said there is a need for the fund, because there is no capability in Southeast Alaska, for instance. Once beyond Prince William Sound there is still justifiable need for response capability. Number 338 SENATOR MILLER moved to adopt CSSB 33 (STA). There were no objections and it was so ordered. SENATOR MILLER asked about the land response. MR. MARTIN explained the legislature appropriated some money for regional teams. MARIE SANSONE, Assistant Attorney General, said she needed time to review the CS. SENATOR TAYLOR asked what federal sanctions we would face if we do not have a CIRC or LEPC. MS. SAMPSON said there are no federal hammers against the state. JIM SEEBERGER, Anchorage LEPC, proposed on page 2 to strike the word "and" after the phrase "seven league members." Number 440 BOB SPENCER, Coordinator for the Fairbanks LEPC, said the local planning committee discussed this bill and supported the concepts of it. He said the elected officials position on the committee has been of marginal help, because they are so busy with other business that they can't make many of the meetings. Putting an official in charge of it would not be good for the committee. Also, on page 11, the LEPC is left off the review list which he thought should be corrected. SENATOR LEMAN said it was not his intent to mandate the chairman to be an elected official and he is working on changing that. JEFF MORRISON, Legislative Liaison, Department of Military and Veterans Affairs, said the latest CS did meet the requirements of federal law. SENATOR TAYLOR said according to federal law at least thirteen different representatives from a community must serve on an LEPC. This might not be possible in some smaller communities. MS. SANSONE said the federal statute with the 13 different categories is ambiguous because of the punctuation. She said you can lump some of the categories together and come up with the possibility of having only a 5 member LEPC. MS. SANSONE said that some LEPC's are larger than 13 members and want more because of additional government or industry entities. To comply with federal law they would need to assure this membership on page 5 and 6, line 29. SENATOR TAYLOR said part of his concern was that the people on the committees know about the hazardous materials, have some level of training, know where their equipment is, and know how they are going to react when something occurs. That does not necessarily include an elected state or local official or a number of other categories. TAPE 93-23, SIDE B Number 580 SENATOR TAYLOR expressed his concern that four years after the Exxon Valdez disaster the response organization wasn't farther along than it was. MR. MORRISON said the main point of having LEPC's is to establish priorities and commute concerns that would be assisted by the professional staff that would be provided through the fiscal notes of this bill. The staff would work with training the first responders. Number 555 MR. SEEBERGER said he was also concerned with the chairman of the LEPC having to be an elected official. In the make- up of a CIRC he wanted to see both rural and urban LEPC membership required. SENATOR LEMAN said he planned to hold the bill during the interim and work on it. LARRY FANNING, Alaska State Firefighters and Firechiefs Association, agreed with previous testimony about having an elected official being the chairman. MR. FANNING commented that the fiscal note showed a decrease in funding. LEPCs need money to operate as a committee of the state. Without funding, the LEPCs will die and management of them could fall back on the state's shoulders, anyhow. Number 520 SENATOR TAYLOR asked him what qualified any of the categories for membership on an LEPC. MR. FANNING replied that a newsbroadcaster has the ability to develop the PSA's that would go inside the plan. A firefighter would have the technical knowledge to identify what resources would be necessary and what areas of evacuation would be required for a spill. A police officer would know how an area could be secured. Etc. etc. The whole plan would be developed and then handed to the public official who would announce it. MR. FANNING said he had a problem with the depots and the planning operations being in separate agencies. He thought communication would be better if they were in the same agency. SENATOR LEMAN thanked everyone for their participation and adjourned the meeting 10:02 a.m.
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