03/14/2024 08:00 AM House COMMUNITY & REGIONAL AFFAIRS

          HB 345-HARBOR FACILITIES AND SAFETY LADDERS                                                                       
                                                                                                                                
8:03:49 AM                                                                                                                    
                                                                                                                                
CHAIR MCCORMICK announced that the  first order of business would                                                               
be HOUSE  BILL NO.  345, "An  Act relating  to safety  ladders at                                                               
municipal  harbor facilities;  relating  to  the harbor  facility                                                               
grant fund; and providing for an effective date."                                                                               
                                                                                                                                
8:04:01 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  ANDI  STORY,   Alaska  State  Legislature,  prime                                                               
sponsor,  presented   HB  345.    She   paraphrased  the  sponsor                                                               
statement  [included  in the  committee  packet],  which read  as                                                               
follows [original punctuation provided]:                                                                                        
                                                                                                                                
     House  Bill  345  would promote  water  safety  in  our                                                                    
     communities  by mandating  the  installation of  safety                                                                    
     ladders on municipal floating  docks receiving a harbor                                                                    
     facility  grant. Installation  of safety  ladders would                                                                    
     reduce the risk  of death by drowning  for people using                                                                    
     these busy docks.                                                                                                          
                                                                                                                                
     Municipal  docks  are  largely  used  by  Alaskans  for                                                                    
     access  to  fishing  for personal  use  and  commercial                                                                    
     purposes,  such   as  commercial  and   sport  fishing,                                                                    
     tourism and  delivery of cargo.  They are  also heavily                                                                    
     used  for  subsistence  and  recreational  fishing  and                                                                    
     boating.   Given  the   necessity  and   popularity  of                                                                    
     Alaska's harbor  floating docks,  it is  not surprising                                                                    
     that accidents happen.                                                                                                     
                                                                                                                                
     When a  person falls  in the water  next to  a floating                                                                    
     dock, it  can be difficult  to get back onto  the dock.                                                                    
     Without  a  ladder,  it is  next  to  impossible.  Wave                                                                    
     action,  heavy  clothes,  hypothermia and  nothing  but                                                                    
     piers to grab onto can result in drowning.                                                                                 
                                                                                                                                
     Safety ladders  are easy  to install,  inexpensive, and                                                                    
     are paid  for by the municipality  receiving the harbor                                                                    
     improvement  grant.  Alaska  has the  highest  rate  of                                                                    
     drowning  deaths  in  the nation.  To  make  access  to                                                                    
     deeper  water  safer,   installing  safety  ladders  at                                                                    
     municipal  docks just  makes sense.  I urge  support of                                                                    
     this bill.                                                                                                                 
                                                                                                                                
REPRESENTATIVE STORY noted  that the bill had a  zero fiscal note                                                               
because  the municipalities  would  pay for  the  ladders from  a                                                               
grant.  When  purchased in bulk, the cost  would be approximately                                                               
$210 per ladder.                                                                                                                
                                                                                                                                
8:08:22 AM                                                                                                                    
                                                                                                                                
MIRANDA  WORL, Staff,  Representative  Andi  Story, Alaska  State                                                               
Legislature, on behalf of Representative  Story, prime sponsor of                                                               
HB  345,  presented  the  sectional  analysis  [included  in  the                                                               
committee packet],  which read  as follows  [original punctuation                                                               
provided]:                                                                                                                      
                                                                                                                                
     Section   1:  Amends   AS  29.60.810   by  adding   new                                                                    
     subsection (5)  which requires  that a  municipality or                                                                    
     regional housing authority that  owns a harbor facility                                                                    
     and submits an application  for a harbor facility grant                                                                    
     for   major   maintenance,  repair,   construction   or                                                                    
     expansion  of the  facility to  have safety  ladders on                                                                    
     its floats  or install them  on the proposed  new float                                                                    
     once built.                                                                                                                
                                                                                                                                
     Section 2: Provides an effective date of July 1, 2024.                                                                     
                                                                                                                                
CHAIR MCCORMICK opened invited testimony.                                                                                       
                                                                                                                                
8:09:21 AM                                                                                                                    
                                                                                                                                
MATT CRESWELL, Harbor  Master, City and Borough  of Juneau (CBJ),                                                               
gave  invited  testimony  during  the  hearing on  HB  345.    He                                                               
explained  that there's  no code  requirement for  floating docks                                                               
and  harbors  to  have  safety  ladders.    Throughout  Southeast                                                               
Alaska, it  was common  practice to  install safety  ladders when                                                               
recapitalizing  any  particular  harbor.    30  months  ago,  CBJ                                                               
started  installing self-rescue  ladders  that were  paid for  by                                                               
operating  funds and  a grant  from the  North Pacific  Fisheries                                                               
Commission  (NPFC).   Nearly 200  ladders had  been installed  in                                                               
total.   He  reported that  currently, there  is a  safety ladder                                                               
within 100 feet of  any boat in the Juneau harbors.   The goal is                                                               
to reduce  that to 50  feet.  He  said the  bill would be  a good                                                               
first step to incorporate safety ladders in the design process.                                                                 
                                                                                                                                
8:13:17 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MCCABE asked how much the ladders cost.                                                                          
                                                                                                                                
MR. CRESWELL answered  a little over $200 per  ladder when buying                                                               
in bulk.  Installation is 15 minutes of staff time per ladder.                                                                  
                                                                                                                                
REPRESENTATIVE  MCCABE  asked  whether the  ladders  impact  boat                                                               
mooring.                                                                                                                        
                                                                                                                                
MR.  CRESWELL  explained  that  the  ladders  are  positioned  in                                                               
between the  middle of the  boat stalls to avoid  impeding proper                                                               
mooring.   He  added  that all  200 ladders  are  on a  quarterly                                                               
preventative maintenance cycle.                                                                                                 
                                                                                                                                
8:16:03 AM                                                                                                                    
                                                                                                                                
LAURA EDFELT,  representing self,  gave invited  testimony during                                                               
the  hearing on  HB 345.   She  read from  the following  written                                                               
remarks  [included  in  the  committee  packet],  which  read  as                                                               
follows [original punctuation provided]:                                                                                        
                                                                                                                                
     Good morning Everyone,                                                                                                     
                                                                                                                                
     I would  like to thank  Andi Story for  presenting this                                                                    
     very important  bill. I  would also  like to  thank you                                                                    
     all for  being here  and listening  about this  bill. I                                                                    
     would  like to  encourage you  to support  it. It  will                                                                    
     save lives. My name is Laura  Barnes. I am a friend and                                                                    
     colleague of Anna  Foltz.  Anna was  an amazing person.                                                                    
     She had  a vibrant  personality that  everyone enjoyed.                                                                    
     She  loved  Alaska and  enjoyed  swimming  in our  cold                                                                    
     water. She said  it was invigorating and  made her feel                                                                    
     alive. Normally she would have  someone with her but on                                                                    
     October 17  2021, she went  by herself to a  dock close                                                                    
     to  her home  to watch  the northern  lights. She  then                                                                    
     decided  to take  a  swim not  realizing  how cold  the                                                                    
     water  was  at that  time  of  year. Unfortunately  she                                                                    
     drowned. Because she couldn't get  back on to the dock.                                                                    
     The  investigating officer  told us  that if  there had                                                                    
     been an egress safety ladder  on the dock Anna would be                                                                    
     alive. Anna was  38 in good health  and strong swimmer.                                                                    
     The  officer said  they found  evidence  that Anna  had                                                                    
     tried to  get back onto  the dock but  couldn't. Again,                                                                    
     had there  been an  egress safety  ladder she  would be                                                                    
     alive.                                                                                                                     
                                                                                                                                
     If you search the internet  you will find many articles                                                                    
     about  this terrible  problem and  see that  Alaska has                                                                    
     the highest drownings in the  nation. With your help we                                                                    
     can solve it.                                                                                                              
                                                                                                                                
     I would  like to take  a moment  to read a  letter from                                                                    
     Anna's mom Ellen.                                                                                                          
                                                                                                                                
     "Hello, my name is Ellen  Foltz. I had the privilege of                                                                    
     seeing  beautiful  Alaska  in  June  of  2021  when  my                                                                    
     daughter, Anna,  convinced me  to embark  on a  jet ski                                                                    
     adventure up  the Inside  Passage with  Dangerous Water                                                                    
     Adventures.  I  was very  reluctant  to  do it  but  it                                                                    
     turned out  to be one  of the  best things I  have ever                                                                    
     done in  my life. Going  on an exciting  adventure with                                                                    
     my only daughter.  Little did I know that  June, when I                                                                    
     hugged her  good bye, it would  be the last time  i saw                                                                    
     her. Anna drowned  3 months later, in  Indian Cove, the                                                                    
     night of  Oct 17. The  forensics verified that  she had                                                                    
     tried to  climb up the  barnacled pilling of  the dock,                                                                    
     trying to  get out of  the frigid water. That  image of                                                                    
     my child struggling in the  cold water will haunt me to                                                                    
     the end of my days.                                                                                                        
     Today,  March 14,  oddly enough  is her  birthday. Anna                                                                    
     would have been 41.                                                                                                        
     I   strongly  urge   that  Bill   345  supporting   the                                                                    
     installation  of safety  ladders through  harbor grants                                                                    
     be passed  to help reduce tragic,  accidental drownings                                                                    
     such as Anna's."                                                                                                           
                                                                                                                                
     In closing, I  would like to leave you  with a thought.                                                                    
     Have  you ever  been  to  a pool  that  didn't have  an                                                                    
     egress ladder  in every corner?  Of course not.  A pool                                                                    
     is  sallow,   has  warm   water,  people   present  and                                                                    
     generally a  lifeguard. It's because  in most  cases it                                                                    
     is  legally mandated  by federal,  state and  even city                                                                    
     law that a pool have  an egress ladder in every corner.                                                                    
     SO why is  it that Alaska's largest  pool, our harbors,                                                                    
     don't have safety ladders?                                                                                                 
                                                                                                                                
     These are  tragic deaths that can  be easily prevented.                                                                    
     So, I  strongly urge you  to support Bill 345  and help                                                                    
     save  lives,  because  the  next  life  list  could  be                                                                    
     someone you care about.                                                                                                    
                                                                                                                                
     Thank you                                                                                                                  
                                                                                                                                
8:21:42 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  HIMSCHOOT shared  that  several  people had  been                                                               
lost  in   Sitka  to  similar   incidents.    From   a  municipal                                                               
perspective,  she opined  that the  state harbor  grant would  be                                                               
extremely beneficial.                                                                                                           
                                                                                                                                
8:22:25 AM                                                                                                                    
                                                                                                                                
The committee took a brief at-ease at 8:22 a.m.                                                                                 
                                                                                                                                
8:23:31 AM                                                                                                                    
                                                                                                                                
CHAIR MCCORMICK invited final comment from the bill sponsor.                                                                    
                                                                                                                                
REPRESENTATIVE STORY shared  her belief that the  bill would help                                                               
save lives and thanked the committee for hearing it.                                                                            
                                                                                                                                
8:24:04 AM                                                                                                                    
                                                                                                                                
The committee took a brief at-ease at 8:24 a.m.                                                                                 
                                                                                                                                
8:24:13 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MCCABE  moved to  report HB  345 out  of committee                                                               
with  individual  recommendations  and  the  accompanying  fiscal                                                               
notes.   There being no objection,  HB 345 was reported  from the                                                               
House Community and Regional Affairs Standing Committee.