00 SENATE BILL NO. 90                                                                                                      
01 "An Act clarifying powers and duties of state officials in relation to a disaster                                       
02 emergency caused by a catastrophic oil discharge or the release of a hazardous                                          
03 substance."                                                                                                             
04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
05    * Section 1.  AS 46.04.080(a) is amended to read:                                                                    
06  (a)  The commissioner of environmental conservation or the commissioner                                              
07 of military and veterans' affairs may request the governor to determine that an                                        
08 actual or imminent occurrence of a catastrophic oil discharge constitutes a disaster                                    
09 emergency under AS 26.23.  If the governor declares a disaster emergency under                                         
10 AS 26.23 because of the actual or imminent occurrence of a catastrophic oil                                             
11 discharge, the commissioner of environmental conservation and the commissioner                                          
12 of military and veterans' affairs shall respond appropriately in the relief of the                                      
13 emergency under the relevant provisions of the [WITHOUT A DECLARATION OF                                               
14 DISASTER BY THE GOVERNOR UNDER AS 26.23.020. THE DEPARTMENT                                                             
01 AND THE ALASKA DIVISION OF EMERGENCY SERVICES, DEPARTMENT OF                                                            
02 MILITARY AND VETERANS' AFFAIRS, SHALL COORDINATE THEIR DUTIES                                                           
03 UNDER AS 26.23.040 AND AS 46.08.100 - 46.08.190 AS THEY APPLY TO                                                        
04 CATASTROPHIC OIL DISCHARGES, CONSISTENT WITH THE                                                                        
05 RESPONSIBILITIES ASSIGNED TO THEM UNDER] applicable incident command                                                    
06 system [SYSTEMS].                                                                                                     
07    * Sec. 2.  AS 46.09.030 is amended to read:                                                                          
08  Sec. 46.09.030.  DISASTER EMERGENCIES.  The commissioner of                                                           
09 environmental conservation or the commissioner of military and veterans' affairs                                      
10 [DIRECTOR OF THE DIVISION OF EMERGENCY SERVICES, DEPARTMENT                                                             
11 OF MILITARY AND VETERANS' AFFAIRS,] may request the governor to determine                                               
12 that an actual or imminent release of a hazardous substance constitutes a disaster                                      
13 emergency under AS 26.23.  If the governor declares a disaster emergency under                                          
14 AS 26.23 because of an actual or imminent release of a hazardous substance, the                                       
15 commissioner of environmental conservation and the commissioner of military and                                      
16 veterans' affairs [DIVISION OF EMERGENCY SERVICES, DEPARTMENT OF                                                       
17 MILITARY AND VETERANS' AFFAIRS,] shall respond appropriately in the relief                                              
18 of the emergency under [, IN ACCORDANCE WITH] the relevant provisions of the                                          
19 applicable incident command system.