CSSB 33(FIN): "An Act relating to emergency planning and response; transferring the Hazardous Substance Spill Technology Review Council to the Department of Environmental Conservation; transferring the Alaska State Emergency Response Commission, including its duty to designate local emergency planning districts and appoint local emergency planning committees, to the Department of Military and Veterans' Affairs; and eliminating a requirement that the state and regional oil discharge prevention and contingency plans be revised annually."
00CS FOR SENATE BILL NO. 33(FIN) 01 "An Act relating to emergency planning and response; transferring the Hazardous 02 Substance Spill Technology Review Council to the Department of Environmental 03 Conservation; transferring the Alaska State Emergency Response Commission, 04 including its duty to designate local emergency planning districts and appoint local 05 emergency planning committees, to the Department of Military and Veterans' 06 Affairs; and eliminating a requirement that the state and regional oil discharge 07 prevention and contingency plans be revised annually." 08 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 09 * Section 1. AS 26.23.040(b) is amended to read: 10 (b) The Alaska division of emergency services shall play an integral part in 11 the development and revision of local and interjurisdictional disaster plans prepared 12 under AS 26.23.060. To this end, it may employ or otherwise secure the services of 13 professional and technical personnel capable of providing expert assistance to political 14 subdivisions, their disaster agencies, and representatives of interjurisdictional disaster
01 planning and service areas [DISASTER AGENCIES]. These personnel shall consult 02 with political subdivisions and agencies on a regular basis and shall make field 03 examinations of the areas, circumstances, and conditions to which particular local and 04 interjurisdictional disaster plans are intended to apply and may suggest or require 05 revisions. 06 * Sec. 2. AS 26.23.040(c) is amended to read: 07 (c) In preparing and maintaining the state emergency plan, the Alaska division 08 of emergency services shall seek the advice and assistance of local government, 09 business, labor, industry, agriculture, civic and volunteer organizations and community 10 leaders. In advising local and interjurisdictional disaster planners [AGENCIES], the 11 office shall encourage them also to seek advice from these sources. 12 * Sec. 3. AS 26.23.040(e) is amended to read: 13 (e) The Alaska division of emergency services shall 14 (1) determine requirements of the state and its political subdivisions for 15 food, clothing, and other necessities in the event of a disaster emergency; 16 (2) procure and pre-position supplies, medicines, materials, and 17 equipment; 18 (3) adopt standards and requirements for local and interjurisdictional 19 disaster plans; 20 (4) periodically review local and interjurisdictional disaster plans; 21 (5) establish and operate, or assist political subdivisions, their disaster 22 agencies, and representatives of interjurisdictional disaster planning and service 23 areas [AGENCIES] to establish and operate, training programs; 24 (6) plan and make arrangements for the availability and use of any 25 private facilities, services, and property and, if necessary and if in fact used, provide 26 for payment for use under terms and conditions agreed upon by the parties; 27 (7) establish a register of persons with types of training and skills 28 important in disaster prevention, preparedness, response, and recovery; 29 (8) prepare, for issuance by the governor, orders, proclamations, and 30 regulations as necessary or appropriate in coping with disasters; 31 (9) cooperate with the federal government and any public or private
01 agency or entity in achieving any purpose of this chapter and in implementing 02 programs for disaster prevention, preparedness, response and recovery; 03 (10) develop and carry out procedures and policies to effectively 04 employ disaster relief funds made available by the governor's authority or by special 05 legislative action; these procedures shall include application and documentation by 06 disaster victims or applicants, review, verification and funding approval, and 07 processing of appeals; 08 (11) do other things necessary or proper for the implementation of this 09 chapter; 10 (12) to the extent that money is available from an appropriation for 11 the purposes of this paragraph, 12 (A) award grants for the purpose of forming local 13 emergency planning committees under AS 26.23.073; 14 (B) in order to comply with 49 U.S.C. Appx. 1815(a)(3), 15 make funds available to local emergency planning committees for 16 developing and maintaining emergency plans under AS 26.23.073 and 17 26.23.075; 18 (C) make funds available to local emergency planning 19 committees to implement 42 U.S.C. 11022(e) and 42 U.S.C. 11044; and 20 (D) award grants for training local emergency planning 21 committees and for training and equipping the emergency response 22 organizations that execute the plans developed by the committees under 23 AS 26.23.073 and 26.23.075. 24 * Sec. 4. AS 26.23.040 is amended by adding a new subsection to read: 25 (f) To the extent that the plan prepared under this section relates to action 26 required to avert human injury or other damage from a release of a hazardous 27 substance, the plan must be substantially equivalent in relevant respect to the local 28 emergency plans prepared under AS 26.23.073 and 26.23.075 and the state and 29 regional master plans prepared by the Department of Environmental Conservation 30 under AS 46.04.200 - 46.04.210. The plan must use an incident command system 31 comparable to the system used in those plans and must be reviewed by the Alaska
01 State Emergency Response Commission under AS 26.23.077. 02 * Sec. 5. AS 26.23 is amended by adding a new section to read: 03 Sec. 26.23.045. RESPONSE CORPS; DEPOTS. (a) The department shall 04 establish a response corps. The corps consists of volunteers who register with the 05 department and agree to be trained in techniques for emergency and disaster response 06 and to be available on short notice to carry out responsibilities of the corps under an 07 applicable incident command system. Members of the corps are entitled to per diem 08 and expenses as determined by the department for training and for days spent in 09 service to the state. 10 (b) The department shall maintain emergency response depots in areas of the 11 state identified for that purpose in the state emergency plan developed under 12 AS 26.23.040. The depots shall be equipped and staffed in a manner that ensures 13 prompt response to emergencies and disasters. 14 * Sec. 6. AS 26.23.060(a) is amended to read: 15 (a) Each political subdivision in the state is within the jurisdiction of, and shall 16 be served by, the Alaska division of emergency services. [A MUNICIPALITY ALSO 17 MAY BE SERVED BY A LOCAL OR INTERJURISDICTIONAL AGENCY 18 RESPONSIBLE FOR DISASTER PREPAREDNESS AND COORDINATION OF 19 RESPONSE]. 20 * Sec. 7. AS 26.23.060(b) is amended to read: 21 (b) Each political subdivision is responsible for disaster preparedness and 22 coordination of response 23 (1) by itself; 24 (2) in conjunction with other political subdivisions by establishing 25 an [BOROUGH MAY MAINTAIN A DISASTER AGENCY, OR PARTICIPATE IN 26 A LOCAL OR] interjurisdictional planning and service area under AS 26.23.070; 27 or 28 (3) in conjunction with the Alaska division of emergency services 29 [DISASTER AGENCY THAT, EXCEPT AS OTHERWISE PROVIDED IN THIS 30 CHAPTER, HAS JURISDICTION OVER AND SERVES THE ENTIRE BOROUGH]. 31 * Sec. 8. AS 26.23.060(c) is amended to read:
01 (c) Each political subdivision that has not established the ability to mitigate, 02 prepare for, respond to, and recover from disasters [DOES NOT HAVE A 03 DISASTER AGENCY AND HAS NOT MADE ARRANGEMENTS TO SECURE OR 04 PARTICIPATE IN THE SERVICES OF A DISASTER AGENCY] shall designate, 05 and provide to the Alaska division of emergency services the name of, a liaison 06 officer to facilitate the cooperation and protection of that political subdivision in the 07 work of disaster prevention, preparedness, response, and recovery. 08 * Sec. 9. AS 26.23.060(e) is amended to read: 09 (e) Each political subdivision [LOCAL AND INTERJURISDICTIONAL 10 AGENCY] shall ensure that [PREPARE AND KEEP CURRENT] a written local or 11 interjurisdictional disaster emergency plan for its area is prepared, maintained, and 12 distributed to all appropriate officials. The disaster emergency plan must include 13 a clear and complete statement of the emergency responsibilities of all local 14 agencies and officials. 15 * Sec. 10. AS 26.23.060 is amended by adding a new subsection to read: 16 (g) To the extent that a plan prepared under this section relates to action 17 required to avert human injury or other damage from a release of a hazardous 18 substance, the plan must be substantially equivalent in relevant respects, including the 19 use of a comparable incident command system, to the local emergency plans prepared 20 under AS 26.23.073 and 26.23.075 and the state and regional master plans prepared 21 by the Department of Environmental Conservation under AS 46.04.200 - 46.04.210. 22 The plan must use an incident command system comparable to the system used in 23 those plans and must be reviewed by the Alaska State Emergency Response 24 Commission under AS 26.23.077. 25 * Sec. 11. AS 26.23.070 is amended by adding a new subsection to read: 26 (d) To the extent that a plan prepared under this section relates to action 27 required to avert human injury or other damage from a release of a hazardous 28 substance, the plan must be substantially equivalent in relevant respect to the local 29 emergency plans prepared under AS 26.23.073 and 26.23.075 and the state and 30 regional master plans prepared by the Department of Environmental Conservation 31 under AS 46.04.200 - 46.04.210. The plan must use an incident command system
01 comparable to the system used in those plans and must be reviewed by the Alaska 02 State Emergency Response Commission under AS 26.23.077. 03 * Sec. 12. AS 26.23 is amended by adding new sections to read: 04 Sec. 26.23.071. ALASKA STATE EMERGENCY RESPONSE 05 COMMISSION. (a) There is established in the Department of Military and Veterans' 06 Affairs the Alaska State Emergency Response Commission. 07 (b) The commission consists of the commissioners of community and regional 08 affairs, environmental conservation, fish and game, health and social services, labor, 09 natural resources, public safety, and transportation and public facilities, or the 10 designees of the commissioners, the adjutant general of the Department of Military and 11 Veterans' Affairs or a designee, and seven members of the public appointed by the 12 governor, two of whom must be members of a local emergency planning committee 13 for an emergency planning district that is predominantly rural in character and two of 14 whom must be members of a local emergency planning committee for an emergency 15 planning district that is predominantly urban in character. Two of the other three 16 members of the public who are appointed to the commission must be members of the 17 governing body of, or the mayor of, a political subdivision that has a local emergency 18 planning committee or a person nominated by the governing body or the mayor to 19 represent the political subdivision. To the extent practicable, the commission must 20 include members with expertise in the emergency response field. 21 (c) The adjutant general of the Department of Military and Veterans' Affairs, 22 or the adjutant general's designee, and the commissioner of environmental 23 conservation, or the commissioner's designee, shall co-chair the commission. The 24 Department of Military and Veterans' Affairs shall provide staff support to the 25 commission. 26 (d) Members of the commission other than those from the designated state 27 departments serve at the pleasure of the governor for staggered terms of three years. 28 Members of the commission serve without compensation but are entitled to per diem 29 and travel expenses authorized for members of boards and commissions under 30 AS 39.20.180. 31 (e) The commission shall
01 (1) serve as the state emergency response commission required under 02 42 U.S.C. 11001 - 11005; 03 (2) facilitate the preparation and implementation of all emergency 04 plans, including the statewide, interjurisdictional, and local plans prepared under this 05 chapter and the state and regional plans prepared under AS 46.04.200 - 46.04.210; 06 (3) review the plans described in (2) of this subsection according to the 07 criteria established in AS 26.23.077; 08 (4) designate, and revise as necessary, the boundaries of emergency 09 planning districts under AS 26.23.073; 10 (5) establish a local emergency planning committee under 11 AS 26.23.073(d) for each emergency planning district; 12 (6) supervise and coordinate the activities of local emergency planning 13 committees; 14 (7) establish procedures for receiving and processing requests from the 15 public for information under 42 U.S.C. 11044, including tier II information under 42 16 U.S.C. 11022; 17 (8) review reports about responses to disaster emergencies and make 18 recommendations to the appropriate parties involved in the response concerning 19 improved prevention and preparedness; 20 (9) perform other coordinating, advisory, or planning tasks related to 21 emergency planning and preparedness for all types of hazards, community 22 right-to-know reporting, toxic chemical release reporting, or management of hazardous 23 substances; 24 (10) recommend procedures to integrate, as appropriate, hazardous 25 substance response planning under 42 U.S.C. 11001 - 11005, federal contingency 26 planning under 33 U.S.C. 1321 and other federal laws applicable to hazardous 27 substance discharges, and state, regional, and local planning under this chapter and 28 AS 46.04.200 - 46.04.210; 29 (11) to the extent consistent with the constitution and law of the state, 30 perform all other functions prescribed for state emergency response commissions under 31 42 U.S.C. 11001 - 11005; and
01 (12) adopt regulations necessary to carry out the purposes of 02 AS 26.23.071 - 26.23.077 and 42 U.S.C. 11001 - 11005. 03 Sec. 26.23.073. EMERGENCY PLANNING DISTRICTS AND 04 COMMITTEES. (a) The commission shall set the boundaries of local emergency 05 planning districts. The commission shall set the boundaries of a district so that they 06 are coextensive with the boundaries of a single political subdivision except when it 07 would be more appropriate, based on findings of the commission, for the district to 08 include more than one political subdivision or some area that is not contained within 09 a political subdivision. Before the commission sets the boundaries for a district under 10 this subsection so that it includes more than one political subdivision or some area that 11 is not within a political subdivision, the commission shall consult the emergency 12 response organizations and the political subdivisions in the proposed district. 13 (b) If, after the commission sets boundaries for districts under (a) of this 14 section, there remain areas of the state that are not included in any district, those areas 15 constitute a local emergency planning district. 16 (c) If the commission sets boundaries for a district under this section that 17 includes more than one political subdivision, the commission shall recommend to the 18 governor the designation of an interjurisdictional disaster planning and service area 19 under AS 26.23.070 whose boundaries are coextensive with the boundaries of the local 20 emergency planning district established under this section. 21 (d) The commission shall appoint the members of a local emergency planning 22 committee for each emergency planning district established under (a) and (b) of this 23 section. In making appointments for a district that contains only one political 24 subdivision, the commission shall follow the recommendations of the political 25 subdivision if those recommendations would constitute a committee that meets the 26 requirements of this subsection. In making appointments for a district that contains 27 more than one political subdivision, the commission shall consider the 28 recommendations of each political subdivision and follow the recommendations to the 29 extent that the political subdivisions are in agreement and their recommendations 30 would constitute a committee that meets the requirements of this subsection. To the 31 extent required under regulations that may be adopted by the commission, the political
01 subdivisions in a district that includes more than one political subdivision shall follow 02 a process under which they develop coordinated recommendations to submit to the 03 commission under this subsection. In making appointments for a district that includes 04 some area that is not contained within a political subdivision, the commission shall 05 consider the recommendations of emergency response organizations in the district. In 06 making appointments for the district formed under (b) of this section, the commission 07 shall attempt to achieve equitable geographical representation on the committee. 08 Except as provided in (e) of this section, each committee must include, at a minimum, 09 representatives of each of the following seven categories: 10 (1) elected local officials; 11 (2) law enforcement, civil defense, fire fighting, first aid, health, local 12 environmental, hospital, and transportation personnel; 13 (3) broadcast or print media; 14 (4) community groups; 15 (5) owners and operators of facilities subject to the requirements of 42 16 U.S.C. 11001 - 11005; 17 (6) representatives of a local or interjurisdictional disaster planning and 18 service area if one has been established that includes part of the district; and 19 (7) members of the public that are not described in (1) - (6) of this 20 subsection. 21 (e) If advertisement and the commission's own initiative do not result in the 22 acceptance of appointment to a committee by at least one person from a category 23 under (d)(1) - (7) of this section, the requirement of (d) of this section that there be 24 representation of that category on that committee is suspended until sufficient willing 25 appointees become available. 26 (f) A person may request the commission to change the membership of a local 27 emergency planning committee. 28 (g) Each local emergency planning committee shall 29 (1) establish procedures for receiving and processing requests from the 30 public for information under 42 U.S.C. 11044, including tier II information under 42 31 U.S.C. 11022;
01 (2) appoint a chair and establish rules by which the committee shall 02 function, including provisions for public notification of committee activities, public 03 advertising of positions available on the committee, public meetings to discuss the 04 emergency plan, public comments, response to the comments by the committee, 05 distribution of the emergency plan, and designation of an official to serve as 06 coordinator for information; 07 (3) prepare and periodically review an emergency plan in accordance 08 with 42 U.S.C. 11003(a) in a manner that includes coordination with the political 09 subdivisions covered by the plan; 10 (4) evaluate the need for resources necessary to develop, implement, 11 and exercise the emergency plan, and submit recommendations to the political 12 subdivisions in the emergency planning district with respect to the resources that may 13 be required and the means for providing the resources; 14 (5) to the extent consistent with the constitution and law of the state, 15 perform all other functions prescribed for emergency planning committees in 42 U.S.C. 16 11001 - 11005; 17 (6) to the extent considered advisable by the committee, make 18 recommendations to political subdivisions, representatives of interjurisdictional disaster 19 planning and service areas, and state agencies about the preparation of local, state, and 20 interjurisdictional plans; and 21 (7) serve as an advisory committee to the political subdivisions within 22 the emergency planning district or the interjurisdictional planning and service area 23 established under AS 26.23.070 with respect to emergency planning, training, and 24 response. 25 (h) A state agency represented on the commission shall, upon request, provide 26 technical assistance to a local emergency planning committee in the performance of 27 its duties under this section. 28 Sec. 26.23.075. EMERGENCY PLANS. (a) An emergency plan prepared 29 under AS 26.23.073 must include 30 (1) identification of facilities subject to the requirements of 42 U.S.C. 31 11001 - 11005 that are within the emergency planning district, identification of routes
01 likely to be used for the transportation of substances on the list of extremely hazardous 02 substances referred to in 42 U.S.C. 11002(a), and identification of additional facilities 03 contributing or subjected to additional risk due to their proximity to facilities subject 04 to the requirements of 42 U.S.C. 11001 - 11005 such as hospitals or natural gas 05 facilities; 06 (2) methods and procedures to be followed by facility owners and 07 operators and local emergency and medical personnel to respond to a release of 08 hazardous substances or a release of substances on the list of extremely hazardous 09 substances referred to in 42 U.S.C. 11002(a); 10 (3) designation of an emergency coordinator, as required under 11 AS 26.23.060(d), and facility emergency coordinators, who shall make determinations 12 necessary to implement the emergency plan; 13 (4) procedures providing reliable, effective, and timely notification by 14 the facility emergency coordinators to persons designated in the emergency plan, and 15 to the public, that a release has occurred, consistent with the emergency notification 16 requirements of 42 U.S.C. 11004; 17 (5) methods for determining the occurrence of a release and the area 18 or population likely to be affected by that release; 19 (6) a description of emergency equipment and facilities in the 20 community and at each facility in the community subject to the requirements of 42 21 U.S.C. 11001 - 11005, and an identification of the persons responsible for the 22 equipment and facilities; 23 (7) evacuation plans, including provisions for a precautionary 24 evacuation and alternative traffic routes; 25 (8) training programs, including schedules for training of local 26 emergency response and medical personnel; and 27 (9) methods and schedules for exercising the emergency plan. 28 (b) An emergency plan prepared under AS 26.23.073 may include descriptions, 29 procedures, and programs related to disasters other than those caused by releases of 30 hazardous substances. 31 (c) Each emergency plan prepared under AS 26.23.073 must incorporate within
01 it an incident command system. The incident command system must be substantially 02 equivalent in relevant respects to the incident command systems established under 03 AS 46.04.200 - 46.04.210 and meet the requirements of AS 26.23.077. 04 Sec. 26.23.077. PLAN REVIEW; INCIDENT COMMAND SYSTEMS. (a) 05 The commission shall review and make recommendations about local, 06 interjurisdictional, regional, and state emergency plans, including plans prepared under 07 this chapter and AS 46.04.200 - 46.04.210. 08 (b) When making recommendations about a plan, the commission shall suggest 09 changes that ensure that the plan includes an incident command system that describes 10 the respective roles of affected persons and agencies in a clear and specific manner and 11 that the respective roles of state agencies are consistent with their statutory duties. The 12 commission shall also suggest changes that ensure that the plans are well-integrated 13 with related plans. 14 (c) To the extent consistent with other law, an incident command system 15 recommended under this section or included in a plan reviewed under this section must 16 provide that the Department of Military and Veterans' Affairs has a major role in 17 mobilization of personnel and resources, communications, transportation planning, and 18 other logistics involved in a state response to a disaster or other emergency. 19 * Sec. 13. AS 26.23.140(c) is amended to read: 20 (c) A representative of an [AN] interjurisdictional disaster planning and 21 service area [AGENCY OR OFFICIAL OF AN AGENCY] may not declare a local 22 disaster emergency unless expressly authorized by the principal executive officer of 23 each political subdivision in the emergency area [AGREEMENT UNDER WHICH 24 THE AGENCY FUNCTIONS. AN INTERJURISDICTIONAL DISASTER AGENCY 25 SHALL PROVIDE AID AND SERVICES IN ACCORDANCE WITH THE 26 AGREEMENT UNDER WHICH IT FUNCTIONS]. 27 * Sec. 14. AS 26.23.150(a) is amended to read: 28 (a) In addition to disaster prevention measures as included in the state, local, 29 and interjurisdictional disaster plans, the governor shall consider, on a continuing basis, 30 steps that could be taken to prevent or reduce the harmful consequences of disasters. 31 At the governor's direction, and under any other authority and competence they have,
01 state agencies, including but not limited to those charged with responsibilities in 02 connection with flood plain management, stream encroachment and flow regulation, 03 weather modification, fire prevention and control, environmental [AIR] quality, public 04 works, land use and land use planning, and construction standards, shall make studies 05 of disaster-prevention-related matters. The governor, from time to time, shall make 06 recommendations to the legislature, local governments, and other appropriate public 07 and private entities as may facilitate measures for the prevention or reduction of the 08 harmful consequences of disasters. 09 * Sec. 15. AS 26.23.180(c) is amended to read: 10 (c) It is a sufficient reason for the governor to require an interjurisdictional 11 agreement or arrangement under AS 26.23.070 that the area involved and political 12 subdivisions in it have available equipment, supplies, and forces necessary to provide 13 mutual aid on a regional basis, and that the political subdivisions have not already 14 made adequate provision for mutual aid; but in requiring an interjurisdictional 15 arrangement in order to accomplish the purpose of this section, the governor need not 16 require establishment and maintenance of an interjurisdictional disaster planning and 17 service area [AGENCY] or arrangement for any other disaster purposes. 18 * Sec. 16. AS 26.23.900 is amended by adding new paragraphs to read: 19 (8) "commission" means the Alaska State Emergency Response 20 Commission; 21 (9) "hazardous substance" has the meaning given in AS 46.03.826. 22 * Sec. 17. AS 46.03.865(a) is amended to read: 23 (a) When the department finds that an actual or imminent discharge of oil, a 24 hazardous substance, or low level radioactive materials to the air, water, land, or 25 subsurface land of the state poses an immediate threat to the public health or welfare 26 or the environment of the state, it may issue an order declaring an emergency and 27 directing a person or persons to take action the department believes necessary to meet 28 the emergency, and protect the public health, welfare, or environment. If there is an 29 incident command system established under AS 26.23 or [,] AS 46.04.200 - 46.04.210 30 [, OR AS 46.13] that is applicable to the situation for which the department issues an 31 order under this subsection, the department's exercise of authority under this
01 subsection shall be guided by the relevant provisions of the incident command system. 02 * Sec. 18. AS 46.03.865(c) is amended to read: 03 (c) During a period of emergency declared under (a) of this section, each state 04 agency shall take whatever action the department finds necessary to meet the 05 emergency and to protect the public health, welfare, or environment, consistent with 06 the responsibilities assigned to them under an incident command system established 07 under AS 26.23 or [,] AS 46.04.200 - 46.04.210 [, OR AS 46.13] if one is applicable 08 to the situation. 09 * Sec. 19. AS 46.04.200 is amended to read: 10 Sec. 46.04.200. STATE MASTER PLAN. (a) The department shall prepare, 11 [AND] annually review, and revise as necessary a statewide master oil and hazardous 12 substance discharge prevention and contingency plan. 13 (b) The state master plan prepared under this section must 14 (1) take into consideration the elements of an oil discharge prevention 15 and contingency plan approved or submitted for approval under AS 46.04.030; 16 (2) include incident command systems that clarify and specify the 17 respective responsibilities of each of the following in the assessment, containment, and 18 cleanup of various types and sizes of discharges of oil or a hazardous substance into 19 the environment of the state: 20 (A) the Department of Environmental Conservation [, THE 21 DIVISION OF EMERGENCY SERVICES IN THE DEPARTMENT OF 22 MILITARY AND VETERANS' AFFAIRS, AND OTHER AGENCIES OF 23 THE STATE; RESPONSIBILITIES ASSIGNED TO EACH AGENCY MUST 24 BE CONSISTENT WITH ITS STATUTORY AUTHORITY]; 25 (B) municipalities of the state; 26 (C) appropriate federal agencies; 27 (D) operators of facilities; 28 (E) private parties whose land and other property may be 29 affected by the oil or hazardous substance discharge; and 30 (F) if the release involves a disaster declared by a state or 31 local official, the duties of all appropriate state agencies [OTHER PARTIES
01 IDENTIFIED BY THE COMMISSION AS HAVING AN INTEREST IN OR 02 THE RESOURCES TO ASSIST IN THE CONTAINMENT AND CLEANUP 03 OF AN OIL OR HAZARDOUS SUBSTANCE DISCHARGE]; 04 (3) include incident command systems that specify the respective 05 responsibilities of parties identified in (2) of this subsection in an emergency response 06 under AS 26.23, AS 46.03.865, [OR] AS 46.04.080, or AS 46.09.030; responsibilities 07 assigned to each state agency must be consistent with its statutory authority; and 08 (4) identify actions necessary to reduce the likelihood of 09 [CATASTROPHIC OIL DISCHARGES AND SIGNIFICANT] discharges of oil or 10 hazardous substances [; AND 11 (5) DESIGNATE THE LOCATIONS WHERE OIL AND 12 HAZARDOUS SUBSTANCE EMERGENCY RESPONSE DEPOTS SHOULD BE 13 ESTABLISHED IN THE STATE AND WHERE EMERGENCY RESPONSE CORPS 14 PERSONNEL SHOULD BE AVAILABLE]. 15 (c) If the commissioner determines that [IN PREPARING AND 16 ANNUALLY REVIEWING] the state master plan should be revised, the 17 commissioner shall 18 (1) consult with municipal, [AND] community, and local emergency 19 planning committee officials, and with representatives of affected regional 20 organizations; 21 (2) submit the draft plan with revisions to the public for review and 22 comment; and 23 (3) submit to the legislature for review, not later than the 10th day 24 following the convening of each regular session, [THE PLAN AND] any [ANNUAL] 25 revision of the plan; 26 (4) [REQUIRE OR SCHEDULE UNANNOUNCED OIL SPILL 27 DRILLS TO TEST THE SUFFICIENCY OF AN OIL DISCHARGE PREVENTION 28 AND CONTINGENCY PLAN APPROVED UNDER AS 46.04.030 OR OF THE 29 CLEANUP PLANS OF A PARTY IDENTIFIED UNDER (b)(2) OF THIS SECTION; 30 (5)] submit [THE PLAN AND] any revision of the plan to the Alaska 31 State Emergency Response Commission for its review [AND APPROVAL] under
01 AS 26.23.077 [AS 46.13.045]. 02 * Sec. 20. AS 46.04.200 is amended by adding a new subsection to read: 03 (d) In order to determine whether the state master plan should be revised, or 04 at any other time, the commissioner may require or schedule unannounced oil spill 05 drills to test the sufficiency of an oil discharge prevention and contingency plan 06 approved under AS 46.04.030 or of the cleanup plans of a party identified under (b)(2) 07 of this section. 08 * Sec. 21. AS 46.04.210(a) is amended to read: 09 (a) For any region of the state, the boundaries of which are determined by the 10 commissioner by regulation, in which the department is required to review and approve 11 an oil discharge prevention and contingency plan submitted by a person under 12 AS 46.04.030, the department shall prepare, [AND] annually review, and revise as 13 necessary a regional master oil and hazardous substance discharge prevention and 14 contingency plan. 15 * Sec. 22. AS 46.04.210 is amended by adding a new subsection to read: 16 (c) In setting boundaries under (a) of this section, the department shall, when 17 possible, group together communities that are likely to require coordination of their 18 efforts to respond effectively to a discharge. 19 * Sec. 23. AS 46.08.040(a) is amended to read: 20 (a) In addition to money in the fund that is transferred to the commissioner of 21 community and regional affairs to make grants under AS 29.60.510 and to pay for 22 impact assessments under AS 29.60.560, the commissioner of environmental 23 conservation may use money from the fund to 24 (1) investigate and evaluate the release or threatened release of oil or 25 a hazardous substance, and contain, clean up, and take other necessary action, such as 26 monitoring and assessing, to address a release or threatened release of oil or a 27 hazardous substance that poses an imminent and substantial threat to the public health 28 or welfare, or to the environment; 29 (2) pay all costs incurred to 30 (A) establish and maintain the oil and hazardous substance 31 response office, including costs incurred under an agreement entered into
01 under AS 46.04.090 or AS 46.09.040; 02 (B) review oil discharge prevention and contingency plans 03 submitted under AS 46.04.030; 04 (C) conduct training, response exercises, inspections, and tests, 05 in order to verify equipment inventories and ability to prevent and respond to 06 oil and hazardous substance release emergencies, and to undertake other 07 activities intended to verify or establish the preparedness of the state, a 08 municipality, or a party required by AS 46.04.030 to have an approved 09 contingency plan to act in accordance with that plan; and 10 (D) verify or establish proof of financial responsibility required 11 by AS 46.04.040; 12 (3) pay the expenses incurred by the Department of Military and 13 Veterans' Affairs [ALASKA DIVISION OF EMERGENCY SERVICES] for Alaska 14 State Emergency Response Commission activities, including staff support, when 15 the activities and staff support relate to oil and hazardous substances and for the 16 costs of being prepared for and responding to a request by the Department of 17 Environmental Conservation for support in response and restoration activities, 18 but not including the costs of maintaining the [OIL AND HAZARDOUS 19 SUBSTANCE] response corps and the emergency [OIL AND HAZARDOUS 20 SUBSTANCE] response depots under AS 26.23.045, when presented with appropriate 21 documentation by the Department of Military and Veterans' Affairs [DIVISION]; 22 (4) provide matching funds for participation in federal oil discharge 23 cleanup activities and under 42 U.S.C. 9601 - 9657 (Comprehensive Environmental 24 Response, Compensation, and Liability Act of 1980); 25 (5) recover the costs to the state, a municipality, or a village of a 26 containment and cleanup resulting from the release or the threatened release of oil or 27 a hazardous substance; 28 (6) prepare, review, and revise 29 (A) the state's master oil and hazardous substance discharge 30 prevention and contingency plan required by AS 46.04.200; and 31 (B) a regional master oil and hazardous substance discharge
01 prevention and contingency plan required by AS 46.04.210; and 02 (7) restore the environment by addressing the effects of an oil or 03 hazardous substance release. 04 * Sec. 24. AS 46.08.150 is amended to read: 05 Sec. 46.08.150. CONTRACTS. The department [OFFICE OR THE 06 DIVISION, AS APPLICABLE,] may enter into agreements with agencies of the state 07 and federal government, political subdivisions, the University of Alaska, or private 08 persons or entities to 09 [(1) PROVIDE THE PERSONNEL, EQUIPMENT, OR OTHER 10 SERVICES OR SUPPLIES NECESSARY TO ESTABLISH AND MAINTAIN 11 REGIONAL OIL AND HAZARDOUS SUBSTANCES DEPOTS AND 12 AS NECESSARY FOR RESPONSE READINESS; 13 (2) TRAIN MEMBERS OF RESPONSE CORPS; AND 14 (3)] conduct research into oil and hazardous substances spill 15 technology; the department [OFFICE] shall include in the research topics for which 16 it conducts or contracts for research, the research topics recommended to it by the 17 Hazardous Substance Spill Technology Review Council under AS 46.13.120. 18 * Sec. 25. AS 46.09.040 is amended to read: 19 Sec. 46.09.040. HAZARDOUS SUBSTANCES CONTAINMENT AND 20 CLEANUP. The department [COMMISSIONER] may contract with a person or a 21 municipality for personnel, equipment, or services that may be useful to carry out the 22 requirements of this chapter. If the department [COMMISSIONER] determines that 23 it is infeasible to contract with a person or a municipality, the department 24 [COMMISSIONER] may establish and maintain containment and cleanup personnel, 25 equipment, and supplies necessary to carry out the requirements of this chapter. When 26 exercising its authority under this section, the department shall coordinate with 27 the Department of Military and Veterans' Affairs to avoid duplication of efforts. 28 * Sec. 26. AS 46.13.100 is amended to read: 29 Sec. 46.13.100. FINDINGS AND PURPOSE. The legislature 30 (1) finds and declares that there exists a lack of scientific knowledge 31 concerning the availability, properties, and effectiveness of various hazardous substance
01 containment and cleanup technologies; and 02 (2) concludes that it is in the best interest of the state and its citizens 03 to establish a Hazardous Substance Spill Technology Review Council [IN THE 04 ALASKA STATE EMERGENCY RESPONSE COMMISSION] to assist in the 05 identification of containment and cleanup products and procedures for arctic and 06 sub-arctic hazardous substance releases and make recommendations to the departments 07 and agencies of the state regarding their use and deployment. 08 * Sec. 27. AS 46.13.110(a) is amended to read: 09 (a) There is established in the Department of Environmental Conservation 10 [ALASKA STATE EMERGENCY RESPONSE COMMISSION] the Hazardous 11 Substance Spill Technology Review Council. 12 * Sec. 28. AS 26.23.060(f), 26.23.190(b), 26.23.195, 26.23.215; AS 46.08.110, 46.08.120, 13 46.08.190(1), 46.08.190(2), 46.08.190(3); AS 46.13.010, 46.13.020, 46.13.030, 46.13.040, 14 46.13.045, 46.13.050, 46.13.060, 46.13.070, 46.13.080, 46.13.090, 46.13.120(6), and 15 46.13.900(1) are repealed. 16 * Sec. 29. TRANSITION. (a) Litigation, hearings, investigations, and other proceedings 17 pending under a law amended or repealed by this Act, or in connection with functions 18 transferred by this Act, continue in effect and may be continued and completed 19 notwithstanding a transfer or amendment or repeal provided for in this Act. 20 (b) Contracts, rights, liabilities, and obligations created by or under a law amended 21 or repealed by this Act, and in effect on the effective date of this Act, remain in effect 22 notwithstanding this Act's taking effect. 23 (c) Regulations adopted under sections amended or repealed by this Act remain in 24 effect until superseded by new regulations adopted under sections amended or enacted by this 25 Act.