Legislature(1993 - 1994)
01/21/1994 09:05 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
CHAIRMAN LEMAN thanks Mr. McKee and announces that the committee will now hear SB 33. He calls Ms. Kreitzer to the witness stand. Number 450 SENATOR TAYLOR moves the adoption of CSSB 33(STA). There being no objection, CSSB 33(STA) is before the committee. Number 453 ANNETTE KREITZER, Staff to Senator Leman, outlines the changes between this version of CSSB 33 (STA) and the version before the committee on January 19, 1994. Language stating "an equal number of representatives" has been deleted. This language would have required, as an example, five elected local officials, five broadcast or print-media persons, five persons from community groups, etcetera. Number 466 CHAIRMAN LEMAN interjects it is his understanding that the guidelines are still consistent with SARA Title III. Number 467 MS. KREITZER confirms that the guidelines are still consistent with SARA Title III. She states that the second amendment is on page 7, lines 14 to 17, which clarifies that when positions on LEPC's have been advertised and the LEPC's are still unable to fill that position, the LEPC will still be able to function. Ms. Kreitzer notes that an unnecessary repealer has been deleted under AS 46.04.200(b)(5). Number 491 SENATOR ELLIS asks Ms. Kreitzer to review the repealers. Number 492 CHAIRMAN LEMAN notes that there is a list of repealers under section 21. Number 495 MS. KREITZER reads the list of repealers under section 21 set forth in the sponsor's sectional analysis. Number 503 SENATOR ELLIS asks Ms. Kreitzer about the term "all hazards commission". Number 508 MS. KREITZER replies that the term "all hazards commission" refers to SERC becoming a planning commission for all disasters. SERC cannot do that without statutory authority, so that is why that language is in the bill. It is not federal terminology, but SERC's own terminology. Number 515 SENATOR ELLIS asks Ms. Kreitzer if the use of the term "all hazards commission" would make federal funds available for disaster planning. Number 516 MS. KREITZER responds that she would have to defer to DMVA on that question. Number 519 SENATOR ELLIS withdraws his question, commenting it would appear that the new language would be a net gain, rather than a net loss. He then asks if Ms. Kreitzer would explain the grounds for the decision of responsibility reverting to the state in cases where local groups choose not to plan for emergencies. He fears that local areas with budget constraints would give over emergency planning responsibilities to the state in order to save money. Number 527 MS. KREITZER replies that those points were addressed in the SERC task force report of September 1993, which recommended that local advisory committees still have input into response plans. Funding constraints are the reason LEPC's are given a choice of having anywhere from five to thirteen members. The LEPC's recognize that there is no guaranteed funding for emergency planning. Number 531 CHAIRMAN LEMAN notes he served on the Anchorage LEPC for some time and had exposure to what other LEPC's were doing, and he found that communities do want involvement in emergency planning. Number 559 SENATOR ELLIS asks what the guarantee is that communities won't hand the responsibility of emergency planning over to the state if they have that option, and how could a community better plan for emergencies than could an experienced planner. Number 560 CHAIRMAN LEMAN responds that persons within a community generally have better knowledge regarding the needs of their particular community than would a trained planner, although a trained planner is certainly necessary also. Number 567 SENATOR TAYLOR comments that Senator Ellis raised a good point regarding how LEPC's will be funded for work on local emergency plans. Senator Taylor questions whether the 470 fund will be available for funding LEPC's in their establishment of emergency plans, and if that was the intention of the legislation. Number 579 MS. KREITZER replies that DEC administers the 470 fund. TAPE 94-2, SIDE B Number 579 MS. KREITZER believes that it is intended for funding to pass through political subdivisions as pass-through funding to the LEPC's. She states Senator Taylor is correct in his assumption that 470 fund monies will be available. Number 576 SENATOR TAYLOR voices an additional concern that the legislation will change the policy of establishing and maintaining response corps and response depots. Number 567 MS. KREITZER responds that the language Senator Taylor is concerned with would have the effect of clarifying that hazardous substance release equipment depots and emergency planning committee depots should be coordinated so that there is no duplication of effort. But oil and hazardous substance depots would be paid for out of the 470 fund, though emergency response depots would not be paid for out of the 470 fund. Ms. Kreitzer points out to Senator Taylor language in the legislation on page sixteen stating that DEC and DMVA coordinate their efforts so that there will be no duplication of services. Number 547 SENATOR TAYLOR reconfirms that there will be no duplication of effort between DEC and DMVA. He expresses pleasure that the 470 fund will be used for what it was originally set up to do and that the state is now worrying about taking care of people, rather than just taking care of oil on a rock. Number 542 CHAIRMAN LEMAN asks Mr. Conway if he would like to add anything to the discussion. Number 536 SENATOR TAYLOR asks Ms. Kreitzer if there is a provision for immunity in CSSB 33(STA). Ms. Kreitzer responds that immunity is provided for in SB 35. Number 533 MIKE CONWAY, SPAR, Department of Environmental Conservation, says currently SERC and the LEPC's are oil and hazardous substance by statute. Many communities in rural areas do not have an interest in oil and hazardous substance releases. This may change if SERC and LEPC's become "all hazards" response organizations. Another problem for very small communities is they may not have available people to fill all the positions that SARA Title III requires on a committee. Additionally, communities not able to establish LEPC's can still form local advisory committees in order to have input in establishing emergency response plans. SERC and LEPC's would be authorized to receive response fund monies from the 470 fund, however, activities must be response fund eligible in order to receive those funds. So a portion of SERC and LEPC activities could be funded from the 470 fund. However, in areas not connected to oil and hazardous substances there will need to be other funding sources to cover those areas. Mr. Conway finishes by noting that the depot corps funding language pertains to "all hazards" or disasters. Number 490 CHAIRMAN LEMAN thanks Mr. Conway for his comments and asks if anyone else wishes to testify on SB 33. Hearing none, he asks the pleasure of the committee. Number 489 SENATOR TAYLOR motions CSSB 33(CRA) be moved from committee with individual recommendations. Number 487 CHAIRMAN LEMAN, hearing no objections, discharges SB 33 from the State Affairs Committee with individual recommendations.
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