Legislature(1993 - 1994)
11/29/1993 01:00 PM 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
Chairman Leman called the Senate State Affairs Committee work session to order, noting the following teleconference sites would be participating in the work session on SB 33 (GRANTS FOR LOCAL EMERGENCY PLANNING): Bethel, Fairbanks, Glennallen, Juneau, Kodiak, Ketchikan, Matsu, Petersburg, Sitka, Skagway, Kenai, and Soldotna. He stated that SB 33 provides granting authority to the e Division of Military and Veterans Affairs (DMVA) and the Department of Environmental Conservation (DEC) to give grants to the LEPCs. It also refines the system allowing the departments to function more efficiently and makes revisions regarding the Community Right to Know Programs. ERV MARTIN , Director of the Division of Military and Veterans Affairs Division of Emergency Services (DMVA), presented an overview of SB 33. MICHAEL CONWAY , Department of Environmental Conservation (DEC), stated that the State Emergency Response Commission (SERC) was originally established for local emergency planning and community awareness of hazardous substances being handled and stored. He noted that the Alaska Legislature expanded the scope of the federal mandate to include oil spills after the Exxon Valdez oil spill. He explained that in September 1991, SERC unanimously decided to become an all hazard SERC which expanded the scope of the commission to include all disaster emergencies. He informed the committee that SERC is currently housed in DEC because DEC has primary responsibility for responses to oil and hazardous substances , however, both commissioners for DMVA and DEC have agreed that an all hazard SERC should be housed in DMVA. Mr. Conway stated that DEC responds to oil and hazardous substance spills and releases on a routine basis, and currently 99 percent of DEC's responses are to non-disaster emergency spills. He emphasized the lack of interest by most of Alaska's emergency response community regarding the routine duties of DEC when responding to spills and releases. He reiterated the need to house SERC in DMVA due to DMVA's responsibility for preparedness for disaster emergency response throughout the state. He said that DEC will work with DMVA in a leadership role as co-chair of SERC in DEC's proposed mark-up of SB 33. DEC plans to create more comprehensive programs that come into play during disaster emergency. Emergency response people and the Volunteer Corps will remain in DMVA for disaster emergency. Mr. Conway noted that DEC has existing authority to enter into contracts with persons or private organizations comprised of personnel, equipment, and supplies necessary to respond to spills and releases. Currently, DEC is negotiating local response agreements with Kenai, Anchorage, and Fairbanks, thus facilitating use of the 470 Fund to pay for response cost to those communities and help develop equipment needs which could result in legislative requests. SENATOR LEMAN clarified the addition of the word "disaster" in front of "response core" and the omission of "oil and hazardous substance" was in keeping with an All Hazard SERC for depots and response cores capable of responding to any disaster. He voiced his desire not to set up a dual system of response. ANNETTE KREITZER , Aide to the Senate Oil and Gas Committee and staff to Senator Leman, stated that she intended to review the analysis of the October 25, 1993 work draft, recognizing possible bill changes. She reported that the title of SB 33 transfers the SERC and its responsibilities from DEC to DMVA. SB 33 also transfers the response corps and depots from DMVA to DEC. Section 13 eliminates the annual revision requirement for the State and Regional Oil Discharge Prevention Plans. The annual review is still necessary. Ms. Kreitzer then explained that Section 1 of SB 33 amends Division of Emergency Services (DES) duties. She stated that Sections 2,3, and 4 require that all the plans under DMVA and DEC must work together. She specified that Section 5 places SERC under DMVA, who will now provide staff support. Section 5 will also place a rural LEPD member and a urban LEPD member on the SERC and requires that SERC be co-chaired by DMVA and DEC. She specified that Section 5(e) would change the SERC to an all hazards Commission. Ms. Kreitzer asserted that Section 26.27.073 was created to relieve concern about how emergency planning districts and committees should be set up. These sections specify that the SERC appoints the members of the LEPCs under SB 33, however the SERC can consider recommendations of the local political subdivision as long as the recommendations conform to federal and state laws. She mentioned the problems that committee membership has in meeting the broad representation requirements. The state statutes require that LEPCs must publicly advertise positions on the committee. She expressed the need to have the emergency coordinator designated within the emergency planning district. She noted that Section 26.23.077 reflects the change to an All Hazard SERC. Ms. Kreitzer summarized Sections 6, 7, 8, and 9 as technical changes reflecting the exchange of duties. She referred to the aforementioned Section 13 and the provision that adds local emergency planning committee officials to those that the commissioner will consult in an annual review, thus tying the LEPCs into the planning process if they want to become an all hazards LEPC. SENATOR LEMAN acknowledged receiving proposed revisions from the DEC and he said he plans to work on implementing the revisions, but will not comment on those now. KEN ROBERSON , Copper River Emergency Management Service member, said that he supported the direction of SB 33. He pointed out that in Glennallen funding has been a major problem, and any action to help is welcomed. ROCKY ANSELL , Copper River Emergency Planning Committee and Fire e Chief of the Glennallen and Copper Center Volunteer Fire Departments, agreed with the Alaska LEPCs Association teleconference notes regarding SB 33. He reiterated the need to facilitate funding. DOUGLAS WELDE , Chairman of the Petersburg/Wrangell LEPC, supported ted the concept of SB 33 and SB 35, and spoke to LEPC funding problems. Mr. Welde related that the current budget for the Petersburg/Wrangell LEPC is $22,000, although he expected that to drop after receiving a plan for the entire LEPC in early 1994. He added that the current budget included expenses as well as part- time wages. STEVE O'CONNOR , Vice-Chair of the Kenai Peninsula LEPC, generally supports SB 33. He commented on the need for allowing maximum flexibility with committee membership for the LEPCs. He inquired if the cash and corps would remain in DMVA. Senator Leman confirmed Mr. O'Connor's inquiry, but the changes have not been made in the bill. Both Senator Leman and Mr. O'Connor felt this proposed change would be well received in general. Worried about a conflict of interest on certain issues, Mr. O'Connor questioned the proposal from LEPC to increase the number of seats on the SERC from two to four. He said that if LEPC membership for the SERC happened, then the LEPCs should have some input into that recommendation. SENATOR LEMAN , asked if MARIE SANSONE had any comment on Mr. O'Connor's worries about conflict of interest when LEPC members serve on the SERC. Ms. Sansone reasoned that the vote from four LEPC members on the SERC should not affect the quorum. BOB TROUSIL read a letter written to Commissioner Sandor by City Manager Gary Bloomquist, which detailed the make-up of the Kodiak Island Borough Emergency Services Organization and the Emergency Services Council. The letter emphasized that the Kodiak LEPC works through the Emergency Services Organization and incorporates in its plan a Chemical Hazards Annex. Further, the Kodiak Island Emergency Services Organization is effectively handling its responsibilities and therefore would not favor any change diminishing the role of that organization. Mr. Trousil stated he is encouraged by SB 33 and SB 35 in their ability to address the concerns discussed in Gary Bloomquist's letter. ERNEST MELOCHE , Chairman of the Ketchikan Local Emergency Planning ing Committee, commended the changes in SB 33 regarding the issues and needs as suggested by the Local Emergency Planning Committee Association in their November 24 teleconference. Mr. Meloche outlined some concerns and suggested changes to SB 33: (1) Section 5(e)(4) should incorporate the concerns of the district involved when designating and revising local emergency boundaries; (2) In Section 5(e)(6) change the word "coordinate" to "assist" to ensure more assistance from SERC in the planning process; (3) Include language in Section 5(c) allowing direct granting to the LEPCs and the LEPDs that do not have any known political boundaries to define them; (4) The language in Section 26.23.073(d) needs to reflect maximized flexibility, thus ensuring effective planning that would cover each area of representation; (5) The public-at-large seat be documented as open to any interested citizen; and (6) The necessity to have a commitment from the state regarding funding. This should be expressed directly in utilization of the 470 Fund and possibly even designating a percentage of the general fund to be applied to assist local planning committees in operations. Concluding his testimony, Mr. Meloche stated support for SB 33, as well as the need to deal with liability issues in SB 35. SENATOR LEMAN informed Mr. Meloche that designation of a portion of of the general fund to local planning committees would be complex and may violate the prohibition against the Dedicated Fund. He commented that SB 33 is subject to the same appropriation mechanism as is everything else. ERV MARTIN specified LEPCs, as defined by the Department of Law, are state entities and by law a state agency cannot issue a grant to another state agency. BILL SHECKTER , representing the Fairbanks SERC and North Star Borough, referred to page 7, line 3, pointing out that the language allowing LEPCs to decide if they want to be all hazard or not is unclear. He further pointed out that this could lead to an all hazard interpretation regardless of the LEPC's decision. Furthermore an all hazard LEPC could be in conflict with an Emergency Management Advisory Board. He stated in order to avoid future problems page 8, line 41, should specify the types of Incident Command Systems. He was perplexed by page 8, line 18, regarding the added layer of bureaucracy in approval of a local plan. He expressed his desire to avoid problems over the approval issue between the local assemblies and the SERC. He requested a copy of SB 33 before the final draft goes before the legislature. He said that SB 35 was needed and should go forward. SENATOR LEMAN assured Mr. Sheckter that when the suggested changes s were properly drafted into a committee substitute it would be redistributed for discussion. ERV MARTIN indicated that the legislature will probably require some sort of review process for maintaining the standard. He stated that he supported further consideration of Mr. Scheckter's suggestions on more specific language regarding approval and funding. HOWARD CARBIS , Chair of LEPC in Yakutat, addressed the portion of SB 33 which discusses LEPC membership appointment by the political subcommittee. He asserted that LEPCs and functioning community should appoint their own membership. He also feels the local government's interests are thoroughly represented therefore membership should not be appointed by the local political subdivision. JIM STUDLEY , Northern Southeast Local Emergency Planning District member and Secretary for the LEPC, stated support for SB 33. He reiterated the three main points mentioned in the LEPC notes presented by Dr. Meloche: first, communication between the SERC and the LEPC was the reasoning behind additional seats on the SERC; secondly, financing must trickle down to the local level for them to survive; and finally that all people are represented in the thirteen categories when that capability is available. SENATOR LEMAN referred to Mr. Studley's last comment and stated the he intent was to maintain flexibility within a broad base of representation. DENNIS SPECHT , public-at-large representative in the Kenai Borough h LEPC, expressed his support of SB 33 and 35. He said that the public-at-large seat in SB 33 is an opportunity to qualify into law existing state policy. SENATOR LEMAN concluded the public testimony on SB 33, stating that at a draft committee substitute with suggested changes would be back before the committee early in the upcoming session. There being no further business Senator Leman adjourned the meeting at 5:27 and thanked participants and observers.
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