Legislature(1993 - 1994)
01/13/1994 09:01 AM Senate CRA
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* first hearing in first committee of referral
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+ teleconferenced
= bill was previously heard/scheduled
SENATE COMMUNITY & REGIONAL AFFAIRS
January 13, 1994
9:01 a.m.
MEMBERS PRESENT
Senator Randy Phillips, Chairman
Senator Robin Taylor, Vice Chairman
Senator Loren Leman
Senator Al Adams
Senator Fred Zharoff
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
SENATE BILL NO. 203
"An Act requiring unified municipalities to provide police
protection and law enforcement services; and providing for an
effective date."
SENATE BILL NO. 202
"An Act relating to the removal, appropriation, and purchase of
state water by municipalities; and providing for an effective
date."
SENATE BILL NO. 35
"An Act providing immunity for the Alaska State Emergency Response
Commission, the local emergency planning committees, the Hazardous
Substance Spill Technology Review Council, and their members for
official actions; and providing for an effective date."
PREVIOUS SENATE COMMITTEE ACTION
SB 203 - See Community & Regional Affairs minutes dated
11/3/93.
SB 202 - No previous action to record.
SB 35 - See Community & Regional Affairs minutes dated
2/23/93, and State Affairs minutes dated 11/29/93.
WITNESS REGISTER
John Cowdery
Special Assistant to Mayor Fink,
Municipality of Anchorage
P.O. Box 196650
Anchorage, Alaska 99519-6650
POSITION STATEMENT: Supported SB 202.
Jerry Gallagher
Legislative Liaison for DNR
Juneau, Alaska
POSITION STATEMENT: No position on SB 202.
Kevin Kochlein
Chair of Mat-Su Borough LEPC
680 N. Seward Meridian
Wasilla, Alaska 99654
POSITION STATEMENT: Supported SB 35.
Ernest Meloche
Chair of Ketchikan LEPC
P.O. Box 6058
Ketchikan, Alaska 99901
POSITION STATEMENT: Supported SB 35.
Robert Spencer
Coordinator of Fairbanks LEPC
P.O. Box 84747
Fairbanks, Alaska 99708
POSITION STATEMENT: Supported SB 35.
Jim Studley
Northern Southeastern LEPC
Box 946
Haines, Alaska 99827
POSITION STATEMENT: Supported SB 35.
Doug Welde
Chair of Petersburg/Wrangell LEPC
Box 75
Petersburg, Alaska 9983
POSITION STATEMENT: Supported SB 35.
Bob Stewart
Emergency Management Director
Municipality of Anchorage
POSITION STATEMENT: Supported SB 35.
Michael Conway
Division of Spill Containment & Response, DEC,
Juneau, Alaska
POSITION STATEMENT: Supported SB 35.
Marie Sansone
Assistant Attorney General
Department of Law
P.O. Box 110300
Juneau, Alaska 99811-0300
POSITION STATEMENT: Reviewed SB 35.
Annette Krietzer
Staff to Senator Leman
State Capitol, Room 113
Juneau, Alaska 99801-1182
POSITION STATEMENT: Reviewed SB 35.
ACTION NARRATIVE
TAPE 94-2, SIDE A
Number 001
The Senate Community & Regional Affairs Committee was called to
order by Senator Randy Phillips, Chairman, at 9:01 a.m. He
rescheduled SB 203 (MANDATORY MUNICIPAL POLICE SERVICES) for
January 20th.
Number 012
Chairman Randy Phillips introduced SB 202 (SALE OF STATE WATER TO
MUNICIPALITIES) as the first order of business.
SENATOR MILLER stated in his sponsor statement that SB 202 gives
municipalities another mechanism to replace revenue.
SENATOR LEMAN asked which municipalities have an ample supply of
water and may be interested in selling. Senator Miller replied
that they are mainly in Southeast Alaska.
Number 065
JOHN COWDERY, representing the Municipality of Anchorage, discussed
existing statutes and the changes SB 202 would make. He questioned
if the conservation fee would generate enough revenues to cover a
full operation. He urged passage of SB 202 to the next committee
of referral.
SENATOR ADAMS asked if the sale of water from the Municipality of
Anchorage to cargo ships would increase costs. Mr. Cowdery said
that at present there is a surplus of water, so there should be no
increase.
Number 135
SENATOR LEMAN questioned if the Municipality of Anchorage pays a
conservation fee to the Department of Natural Resources (DNR). Mr.
Cowdery stated that currently DNR's water division has not
implemented any regulations to form the network for collecting any
fees. Senator Leman said that this legislation is clarification of
original intent.
Number 190
SENATOR ZHAROFF asked what volume of excess water would be sold and
the cost recovery. Mr. Cowdery said that some inquiries for large
quantities of water had been made and the cost was unknown at this
time. He believed that the sale and money of this water should go
directly to the municipalities.
Number 245
JERRY GALLAGHER, Legislative Liaison, Department of Natural
Resources, explained that DNR is reviewing water fees and costs
across the board, however DNR has no position regarding SB 202 yet.
Number 264
SENATOR ADAMS inquired if Governor Hickel's proposed water pipeline
would have any effect on SB 202. Mr. Cowdery stated it would have
no effect.
Number 272
JERRY GALLAGHER addressed the fiscal note and speculated a small
net decrease in revenue to the state. Currently, under the water
conservation fee, the state was not collecting anything because
collecting regulations are not in place.
Number 294
SENATOR ADAMS requested a fiscal note from the Department of
Revenue. The bill with the fiscal note will be brought before the
committee on Tuesday.
SENATOR TAYLOR stated support of SB 202 by Ketchikan and Sitka.
Number 318
CHAIRMAN RANDY PHILLIPS brought SB 35 (IMMUNITY FOR ACTIONS TAKEN
UNDER AS 46.13) before the committee.
SENATOR LEMAN reviewed his sponsor statement emphasizing that SB 35
will help clarify the law regarding immunity in emergency planning
functions.
Number 342
KEVIN KOCHLEIN, Chair of Local Emergency Planning Committee for the
Mat-Su Borough, voiced support for SB 35 and urged rapid passage of
SB 35.
ERNEST MELOCHE, Chair of the Ketchikan LEPC and a founding member
of the LEPC Association, supported SB 35. He pointed out the
critical nature of providing blanket immunity.
Number 395
ROBERT SPENCER, Coordinator of the Fairbanks LEPC, supported SB 35
and urged its passage. He expressed that people preforming
coordination and administration duties for LEPCs who are not
members of the LEPC or the state commission should be provided with
some sort of community liability protection.
JIM STUDLEY, Northern Southeast LEPC Emergency Planner, supported
SB 35 and also recommended its passage.
Number 430
DOUG WELDE, Chairman of the Petersburg/Wrangell LEPC, supported SB
35 and urged passage of SB 35 because without immunity the
volunteer seats are difficult to fill.
BOB STEWART, Emergency Management Director for the Municipality of
Anchorage, LEPC and SERC member, noted that the bill will be an
impetus to local governments because it eliminates the long-term
liability concerns. He said that SB 35 will enhance overall state
planning. He supported SB 35.
SENATOR RANDY PHILLIPS requested the positions of the Chugiak Fire
Department and the South Fork Fire Department regarding this bill.
JEFF MORRISON, Director of Administrative and Support Services
Division, Department of Military and Veteran Affairs, stated he was
present for questions.
Number 490
MICHAEL CONWAY, Department of Environmental Conservation (DEC),
said that the Department supports SB 35.
SENATOR TAYLOR questioned the circumstances for possible liability
of individual volunteers without the state being also held
responsible. He does not want to defend these volunteers and hold
them harmless.
MARIE SANSONE, Assistant Attorney General, Department of Law,
confirmed that the possibility of liability is remote. The
planning is no longer a discretionary act but rather a mandatory
act. Failure to follow the Emergency Planning and Community Right
to Know Act's requirements or gross negligence within those
requirements could result in liability. She discussed the
Indemnification Agreement.
SENATOR TAYLOR said that the state already has a written agreement
that will indemnify and defend those volunteers. He added that the
legislation does not intend to provide immunity for gross
negligence.
Number 552
MARIE SANSONE agreed with Senator Taylor, but pointed out that the
agreement in place was only temporary until legislation was
enacted. She emphasized that indemnification binds future
legislatures to make an appropriation which could be
unconstitutional.
SENATOR ZHAROFF asked if indemnification is only in effect if their
is a spill and some coordinated effort is already in place. Marie
Sansone responded that the Indemnity Agreement only covers planning
for emergencies not response. The SERC and LEPCs are only
responsible for planning.
TAPE 94-2, SIDE B
Number 580
MARIE SANSONE, in answer to Senator Zharoff, explained the last
section of SB 35 and the protections built into the law. The last
sentence recognizes that even if immunity were provided to these
committees, the federal law is supreme.
Number 570
SENATOR TAYLOR explained that federal law will not allow immunity
to volunteers in certain situations, therefore there must be an
ongoing agreement. He reiterated that SB 35 is covering only the
planners, not those volunteers who execute the plans. Ms Sansone
informed the committee that other immunity statutes deal with
responders and municipal governments. Senator Taylor emphasized
the need to address the whole problem and all those affected.
Number 540
SENATOR LEMAN clarified that SB 35 identifies who cannot be sued
and provides some immunity, but still leaves the state as an
umbrella.
MARIE SANSONE answered that SB 35 does not immunize the state, the
state departments involved, the responder, or the local government.
The victims would not be left without any remedies.
SENATOR TAYLOR asserted that SB 35 does not provide for responders.
He reiterated the need to address the whole problem. Ms. Sansome
suggested looking at her memorandum for some existing responder
liability statutes.
SENATOR ZHAROFF asked if SB 35 could be expanded to include
responders. Ms. Sansone suggested going through the statutes she
cited in her opinion which do provide some protection for
responders.
Number 467
ANNETTE KRIETZER, staff to Senator Leman, said that many who
testified were planners as well as responders. These people
realize their liability as responders, however, they are concerned
with the planning aspect.
SENATOR ADAMS noted that there is no money from the State nor from
the Response Fund.
SENATOR TAYLOR asked for examples of liability suits and a
clarification of the remoteness of such liability suits. Ms.
Krietzer did not know either, but commented that the LEPCs do not
like the odds whatever they are.
SENATOR LEMAN moved that SB 35 with the attached fiscal note be
passed out of committee with individual recommendations. Senator
Adams objected, then removed his objection. Chairman Randy
Phillips called for a voice vote on the motion. Senators Randy
Phillips, Leman, and Taylor voted "Yea". Chairman Randy Phillips
stated that the motion carried.
There being no further business, the meeting adjourned at 10:10
a.m.
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