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Enrolled HB 3: Relating to the definition of 'disaster.

00Enrolled HB 3 01 Relating to the definition of 'disaster. 02 _______________ 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; 10