00                 SENATE CS FOR CS FOR HOUSE BILL NO. 3(JUD)                                                              
01 "An Act relating to the definition of 'disaster.'"                                                                      
02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
03    * Section 1. AS 26.23.900(2) is amended to read:                                                                   
04                 (2)  "disaster" means the occurrence or imminent threat of widespread                                   
05       or severe damage, injury, loss of life or property, or shortage of food, water, or fuel                           
06       resulting from                                                                                                    
07 (A)  an incident such as storm, high water, wind-driven water,                                                          
08 tidal wave, tsunami, earthquake, volcanic eruption, landslide, mudslide,                                                
09 avalanche, snowstorm, prolonged extreme cold, drought, fire, flood, epidemic,                                           
10            explosion, or riot;                                                                                          
11                      (B)  the release of oil or a hazardous substance if the release                                    
12            requires prompt action to avert environmental danger or mitigate                                             
13            environmental damage;                                                                                        
14                      (C)  equipment failure if the failure is not a predictably frequent                                
15            or recurring event or preventable by adequate equipment maintenance or                                       
01            operation;                                                                                                   
02 (D)  enemy or terrorist attack or a credible threat of imminent                                                         
03 enemy or terrorist attack in or against the state that the adjutant general of the                                      
04 Department of Military and Veterans' Affairs or a designee of the adjutant                                              
05 general, in consultation with the commissioner of public safety or a designee of                                        
06 the commissioner of public safety, certifies to the governor has a high                                                 
07 probability of occurring in the near future; the certification must meet the                                            
08 standards of AS 26.20.040(c); in this subparagraph, "attack" has the meaning                                            
09            given under AS 26.20.200; [OR]                                                                               
10 (E)  an outbreak of disease or a credible threat of an imminent                                                         
11 outbreak of disease that the commissioner of health and social services or a                                            
12 designee of the commissioner of health and social services certifies to the                                             
13 governor has a high probability of occurring in the near future; the certification                                      
14 must be based on specific information received from a local, state, federal, or                                         
15 international agency, or another source that the commissioner or the designee                                           
16            determines is reliable; or                                                                               
17 (F)  a cyber attack or serious cyber incident that affects                                                          
18 critical infrastructure in the state, an information system owned or                                                
19 operated by the state or a political subdivision of the state, information                                          
20 that is stored on, processed by, or transmitted on an information system                                            
21 owned or operated by the state or a political subdivision of the state, or a                                        
22 credible threat of an imminent cyber attack or serious cyber incident that                                          
23 the commissioner of administration or commissioner's designee certifies to                                          
24 the governor has a high probability of occurring in the near future; the                                            
25 certification must be based on specific information that critical                                                   
26 infrastructure in the state, an information system owned or operated by                                             
27 the state or a political subdivision of the state, or information that is                                           
28 stored on, processed by, or transmitted on an information system owned                                              
29 or operated by the state or a political subdivision of the state may be                                             
30            affected; in this subparagraph,                                                                          
31 (i)  "critical infrastructure" means systems and                                                                    
01 assets, whether physical or virtual, so vital to the state that the                                                 
02 incapacity or destruction of the systems and assets would have a                                                    
03 debilitating effect on security, state economic security, state public                                              
04                 health or safety, or any combination of those matters;                                              
05 (ii)  "serious cyber incident" means an incident that                                                               
06 has a confirmed effect on the confidentiality, integrity, or                                                        
07 availability of systems and data, has legal or privacy implications,                                                
08 affects other agencies, or requires security experience or resources                                                
09                 not otherwise available;