00 SENATE BILL NO. 90 am H                                                                                                 
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.  The commissioner of environmental conservation and                                          
10 the commissioner of military and veterans' affairs shall respond appropriately in                                       
11 the relief of the actual or imminent discharge under the relevant provisions of the                                    
12 [WITHOUT A DECLARATION OF DISASTER BY THE GOVERNOR UNDER AS                                                             
13 26.23.020. THE DEPARTMENT AND THE ALASKA DIVISION OF EMERGENCY                                                          
14 SERVICES, DEPARTMENT OF MILITARY AND VETERANS' AFFAIRS, SHALL                                                           
01 COORDINATE THEIR DUTIES UNDER AS 26.23.040 AND AS 46.08.100 -                                                           
02 46.08.190 AS THEY APPLY TO CATASTROPHIC OIL DISCHARGES,                                                                 
03 CONSISTENT WITH THE RESPONSIBILITIES ASSIGNED TO THEM UNDER]                                                            
04 applicable incident command system [SYSTEMS].                                                                         
05    * Sec. 2.  AS 46.09.030 is amended to read:                                                                          
06  Sec. 46.09.030.  DISASTER EMERGENCIES.  The commissioner of                                                           
07 environmental conservation or the commissioner of military and veterans' affairs                                      
08 [DIRECTOR OF THE DIVISION OF EMERGENCY SERVICES, DEPARTMENT                                                             
09 OF MILITARY AND VETERANS' AFFAIRS,] may request the governor to determine                                               
10 that an actual or imminent release of a hazardous substance constitutes a disaster                                      
11 emergency under AS 26.23.  The [IF THE GOVERNOR DECLARES A DISASTER                                                 
12 EMERGENCY UNDER AS 26.23, THE] commissioner of environmental                                                           
13 conservation and the commissioner of military and veterans' affairs [DIVISION OF                                     
14 EMERGENCY SERVICES, DEPARTMENT OF MILITARY AND VETERANS'                                                                
15 AFFAIRS,] shall respond appropriately in the relief of the actual or imminent release                                  
16 under [EMERGENCY, IN ACCORDANCE WITH] the relevant provisions of the                                                   
17 applicable incident command system.