Legislature(1993 - 1994)

03/31/1993 09:02 AM Senate STA

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
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                 SENATE STATE AFFAIRS COMMITTEE                                
                         March 31, 1993                                        
                            9:02 a.m.                                          
                                                                               
  MEMBERS PRESENT                                                              
                                                                               
  Senator Loren Leman, Chairman                                                
  Senator Mike Miller, Vice Chairman                                           
  Senator Robin Taylor                                                         
  Senator Johnny Ellis                                                         
  Senator Jim Duncan                                                           
                                                                               
  MEMBERS ABSENT                                                               
                                                                               
  All Present                                                                  
                                                                               
  COMMITTEE CALENDAR                                                           
                                                                               
  Confirmation Hearing for Colonel Sigmond Murphy                              
                                                                               
  SENATE BILL NO. 33                                                           
  "An  Act  relating to  grants  for local  emergency planning                 
  committees   and   emergency  response   organizations;  and                 
  providing for an effective date."                                            
                                                                               
  PREVIOUS SENATE COMMITTEE ACTION                                             
                                                                               
  SB 33 - See Community & Regional Affairs minutes dated                       
          2/23/93.  See State Affairs minutes dated 3/3/93.                    
                                                                               
  WITNESS REGISTER                                                             
                                                                               
  Colonel Sigmond Murphy                                                       
  Alaska Army National Guard                                                   
  P.O. Box 5800                                                                
  Ft. Richardson, Alaska 99505-5800                                            
  POSITION STATEMENT:  Confirmation hearing.                                   
                                                                               
  Annette Kreitzer, Legislative Aide to                                        
    Senator Loren Leman                                                        
  State Capitol                                                                
  Juneau, Alaska 99811-1182                                                    
  POSITION STATEMENT:   Commented on SB 33.                                    
                                                                               
  Curt Fredrickson                                                             
  Division of Spill Prevention and Response                                    
  Department of Environmental Conservation                                     
  410 Willoughby Ave.                                                          
  Suite 105                                                                    
  Juneau, Alaska 99801-1795                                                    
  POSITION STATEMENT:  Supported SB 33.                                        
                                                                               
  Ervin Martin, Director                                                       
  Division of Emergency Services                                               
                                                                               
                                                                               
  Department of Military and Veterans Affairs                                  
  P.O. Box 5750                                                                
  Ft. Richardson,  Alaska 99505-0750                                           
  POSITION STATEMENT:  Supported SB 33.                                        
                                                                               
  Marie Sansone, Assistant Attorney General                                    
  Department of Law                                                            
  P.O. Box 110300                                                              
  Juneau, Alaska 99811-0300                                                    
  POSITION STATEMENT:  Commented on SB 33.                                     
                                                                               
  Jim Seeberger                                                                
  Anchorage LEPC                                                               
  1930 Bluegrass Circle                                                        
  Anchorage, Alaska 99502                                                      
  POSITION  STATEMENT:    Supported  concepts  in  SB  33  and                 
  suggested some changes.                                                      
                                                                               
  Bob Spencer, Coordinator                                                     
  Fairbanks LEPC                                                               
  1000 University Ave.                                                         
  Fairbanks, 99775                                                             
  POSITION STATEMENT:  Supported concepts in SB 33.                            
                                                                               
  Jeff Morrison, Legislative Liaison                                           
  Department of Military and Veterans Affairs                                  
  P.O. Box 110900                                                              
  Juneau, Alaska 99811-0900                                                    
  POSITION STATEMENT:  Commented on SB 33.                                     
                                                                               
  Larry Fanning                                                                
  Alaska State Firefighters and Firechiefs Association                         
  3031 Palmdale Dr.                                                            
  Wasilla, Alaska 99687                                                        
  POSITION STATEMENT:  Supported SB 33 with some changes.                      
                                                                               
  ACTION NARRATIVE                                                             
                                                                               
  TAPE 93-23, SIDE A                                                           
  Number 001                                                                   
                                                                               
  Chairman  Leman  called the  Senate State  Affairs Committee                 
  meeting to order at 9:02 a.m. and announced the confirmation                 
  hearing  for  Colonel  Sigmund  Murphy,  Jr. who  was  being                 
  promoted to  Brigadier General  in the  Army National  Guard                 
  which requires legislative confirmation.                                     
                                                                               
  COLONEL  MURPHY gave a  brief background on  his life before                 
  the Air  National Guard  and  briefed the  committee on  the                 
  duties of an Assistant Adjunct General which would be mainly                 
  to help  with the  youth programs  in Alaska  and ceremonial                 
  endeavors.                                                                   
                                                                               
  He commented on  the recent deaths in  a plane crash  of top                 
                                                                               
                                                                               
  officers in the Army National Guard.   He said that they had                 
  gone through the  grieving period and all  the positions had                 
  been  filled  and   they  were   moving  forward  with   the                 
  modernization that General Cox was working on.                               
  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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