Legislature(2023 - 2024)BELTZ 105 (TSBldg)

05/09/2024 01:30 PM Senate COMMUNITY & REGIONAL AFFAIRS

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Audio Topic
01:33:01 PM Start
01:33:26 PM HB345
01:53:19 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ HB 345 HARBOR FACILITIES AND SAFETY LADDERS TELECONFERENCED
Moved HB 345 Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
           HB 345-HARBOR FACILITIES AND SAFETY LADDERS                                                                      
                                                                                                                                
1:33:26 PM                                                                                                                    
CHAIR DUNBAR  announced the  consideration of  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."                                                                                               
                                                                                                                                
This is the  introductory hearing of  HB 345. The intention  is to                                                              
move the  bill from committee today.  He invited the  bill sponsor                                                              
to offer comments on the bill.                                                                                                  
                                                                                                                                
1:33:44 PM                                                                                                                    
REPRESENTATIVE ANDI  STORY, District 3, Alaska  State Legislature,                                                              
Juneau, Alaska,  sponsor of HB 345  stated that HB 345  focuses on                                                              
saving lives by  requiring safety ladders on  docks. A constituent                                                              
informed  her that  his employee,  Anna  Foltz, drowned  due to  a                                                              
dock-related  incident  and  believes safety  ladders  might  have                                                              
helped prevent  the tragedy.  She explained  that people  who fall                                                              
into the  water from floating docks  often struggle to  climb back                                                              
up  due  to  a lack  of  handholds,  with  only  slick,  barnacle-                                                              
encrusted pilings available.                                                                                                    
                                                                                                                                
1:34:56 PM                                                                                                                    
REPRESENTATIVE  STORY cited  a state  epidemiology report  showing                                                              
that 26  percent of Alaskan drownings  from 2016 to  2021 occurred                                                              
in oceans  or harbors, with 20  percent involving boats  or docks.                                                              
She emphasized  that safety  ladders allow a  person to  pull down                                                              
the  lowest  rung  to  climb  up  or  stabilize  themselves  while                                                              
awaiting  help.  HB 345  would  require  municipalities  receiving                                                              
harbor  facility   grant  funds  to  install  safety   ladders  on                                                              
floating docks.                                                                                                                 
                                                                                                                                
REPRESENTATIVE  STORY noted  that  HB 345  carries  a zero  fiscal                                                              
note,  as municipalities  would  fund the  ladders through  harbor                                                              
grants,  with   each  ladder   costing  approximately   $210.  She                                                              
highlighted   the  heavy   use   of  docks   for  commercial   and                                                              
recreational purposes  and argued  that adding safety  ladders was                                                              
a cost-effective  way to improve  safety. She shared  that working                                                              
on  the HB  345 has  increased her  awareness of  dock safety  and                                                              
that  Juneau's harbor  staff have  placed  signs marking  existing                                                              
safety ladders. She  encouraged members to notice  these signs and                                                              
recognize that many other harbors lack similar safety measures.                                                                 
                                                                                                                                
1:38:07 PM                                                                                                                    
SENATOR GRAY-JACKSON  thanked  the bill sponsor  for bringing  the                                                              
bill forward  and expressed hope that  since HB 345 does  not have                                                              
a fiscal note it will pass into law and save lives.                                                                             
                                                                                                                                
1:38:38 PM                                                                                                                    
JOAN  WILKERSON, Staff,  Representative Andi  Story, Alaska  State                                                              
Legislature,  Juneau,  Alaska, presented  the  sectional  analysis                                                              
for HB 345.                                                                                                                     
                                                                                                                                
                                                                                                                                
                       Sectional Analysis                                                                                     
                    House Bill 345 Version B                                                                                  
                         March 25, 2024                                                                                         
      "An Act relating to safety ladders at municipal harbor                                                                    
        facilities; relating to the harbor facility grant                                                                       
           fund; and providing for an effective date."                                                                          
                                                                                                                                
     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.                                                                   
                                                                                                                                
1:39:08 PM                                                                                                                    
CHAIR  DUNBAR announced  invited testimony  on HB  345 and  listed                                                              
individuals available to answer questions.                                                                                      
                                                                                                                                
1:39:47 PM                                                                                                                    
MATTHEW  CRESWELL,  Harbormaster,  Docks  and  Harbors,  City  and                                                              
Bureau  of  Juneau,  Juneau, Alaska,  gave  invited  testimony  in                                                              
support of HB  345 stating Senator Story approached  him about the                                                              
bill  a few  months  ago,  and he  viewed  it  as an  obvious  and                                                              
necessary measure.  He noted  strong support  from Juneau  and the                                                              
Alaska  Association of  Harbor  Masters and  Port  Administration,                                                              
where he  serves as  a board  member. Although  the board  did not                                                              
formally review  the bill,  conversations with member  communities                                                              
indicated unanimous backing.                                                                                                    
                                                                                                                                
MR.  CRESWELL  explained  that   about  three  years  ago,  Juneau                                                              
identified a  need for more  safety ladders in harbors,  partially                                                              
motivated by  peer pressure from  nearby Southeast  Alaska harbors                                                              
that had  already installed  "up and  out" ladders. These  ladders                                                              
mount above the  waterline but can be pulled down  from the water,                                                              
allowing  someone  to self-rescue.  He  emphasized  that this  was                                                              
simply the right thing to do.                                                                                                   
                                                                                                                                
MR. CRESWELL  described how older  harbor float systems  in Juneau                                                              
had  a low  freeboard  (812  inches),  which  made  it easier  for                                                              
people  to  pull  themselves  out of  the  water.  However,  after                                                              
harbor  upgrades,  the  new  floats  have  a  two-foot  freeboard,                                                              
making self-rescue  nearly impossible,  especially in  cold water.                                                              
Previous  ladder  installations   required  two  people  and  were                                                              
ineffective if someone fell in when alone, such as at night.                                                                    
                                                                                                                                
MR.  CRESWELL said  Juneau adopted  "up and  out" ladders  costing                                                              
around  $200210   each, with  discounts  for bulk  orders.  Juneau                                                              
launched its  own initiative to  install these ladders  throughout                                                              
the  harbors, with  approximately  200 ladders  now placed  across                                                              
four harbors.  The current  spacing is one  ladder for  every four                                                              
boats,  marked   with  snow  delineators   and  flags   to  ensure                                                              
visibility.                                                                                                                     
                                                                                                                                
1:42:10 PM                                                                                                                    
MR. CRESWELL stated  the goal is to have a ladder  within 100 feet                                                              
of any point  on the dock, with  plans to reduce that  distance to                                                              
50  feet.  He  stressed  that  after   witnessing  several  winter                                                              
drowning incidents  during his eight years with  the Department of                                                              
Docks and Harborsincluding   four as harbor  masterself-rescue  is                                                              
critical.  The ladders  have  already  saved lives,  and  although                                                              
there  is no  code requiring  them,  he described  the measure  as                                                              
low-cost and life-saving.                                                                                                       
                                                                                                                                
1:43:12 PM                                                                                                                    
CHAIR DUNBAR  asked for a visualization  of where the  ladders are                                                              
placed relative to the main float and slips.                                                                                    
                                                                                                                                
1:43:35 PM                                                                                                                    
MR. CRESWELL replied  that each stall contains two  slips, and the                                                              
safety ladder is  placed in the middle of the stall.  As a result,                                                              
the current configuration  alternates with one boat,  then a stall                                                              
without a ladder,  followed by another boat and  a laddercreating                                                               
a ratio  of one ladder  for every four  boats. He stated  that the                                                              
goal  is to  reduce  this  spacing to  one  ladder  for every  two                                                              
boats.                                                                                                                          
                                                                                                                                
1:44:04 PM                                                                                                                    
CHAIR BJORKMAN asked  for a description of how  the ladder extends                                                              
and how far it is above the water.                                                                                              
                                                                                                                                
1:44:29 PM                                                                                                                    
MR. CRESWELL  replied that the ladder  is designed to stay  out of                                                              
the water  when not in use  to prevent marine growth  and barnacle                                                              
buildup, which  helps maintain its  condition. When someone  is in                                                              
the water,  they can reach up about  12 inches to grab  the ladder                                                              
and pull  it down. The  ladder then extends  18 to 24  inches into                                                              
the water,  allowing  a person  to place  a foot  on it and  climb                                                              
out.                                                                                                                            
                                                                                                                                
CHAIR BJORKMAN expressed thanks for the explanation.                                                                            
                                                                                                                                
1:45:15 PM                                                                                                                    
LAURA  EDFELT, representing  self,  Juneau,  Alaska, gave  invited                                                              
testimony in  support of HB  345 stating  she wanted to  share the                                                              
story  of Anna  Foltz on  behalf  of Anna's  friends, family,  and                                                              
colleagues.  Anna was a  recent Alaska  resident who embraced  the                                                              
state's beauty  with enthusiasm,  joy, and  a vibrant  personality                                                              
that  uplifted   those  around   her.  She  loved   the  outdoors,                                                              
especially cold-water  swims, and  typically had someone  with her                                                              
during those times.                                                                                                             
                                                                                                                                
1:46:31 PM                                                                                                                    
MS. EDFELT recounted  that on the night of October  17, 2021, Anna                                                              
went  for a walk  with her  dog to  view the  northern lights  and                                                              
decided  to take  a quick  swim  off the  dock at  Indian Cove  in                                                              
Juneau.  The  water's  temperature  shocked her  system,  and  she                                                              
drowned. Despite  being strong,  healthy, and  38 years  old, Anna                                                              
could  not  pull  herself  out of  the  water.  The  investigating                                                              
officer  believed that  if an  egress ladder  had been  available,                                                              
Anna would have survived.                                                                                                       
                                                                                                                                
MS. EDFELT read the following letter from Anna's mother:                                                                        
                                                                                                                                
[Original punctuation provided.]                                                                                                
                                                                                                                                
     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.                                                                                                            
                                                                                                                                
1:49:12 PM                                                                                                                    
MS.  EDFELT  said  in  closing   that  she  wanted  to  leave  the                                                              
committee with several  points to consider. The  United States has                                                              
12,383 miles  of coastline, and  Alaska accounts for  6,640 miles                                                               
over  53 percent.  She  asked how  many  harbors  and docks  exist                                                              
along  Alaska's  extensive coastline,  and  how many  loved  ones,                                                              
both  young  and  old,  use  them   for  various  activities.  She                                                              
compared harbor  docks to swimming pools, noting  that poolswhich                                                               
are  shallow,  warm,  and  staffed   with  lifeguardsare   legally                                                              
required to  have egress  ladders in  every corner under  federal,                                                              
state,  or municipal  law.  Alaska's  harbors, by  contrast,  lack                                                              
such  requirements despite  their  frigid,  dangerous waters.  She                                                              
emphasized that  the cost of a  safety ladder is  minimal compared                                                              
to the value of  a life and urged the committee to  pass HB 345 to                                                              
help  prevent avoidable  deaths.  She  concluded  by stating  that                                                              
these  tragedies  are  preventable  and  asked  the  committee  to                                                              
support  HB 345  to help  save lives,  emphasizing  that the  next                                                              
life lost could be someone they care about.                                                                                     
                                                                                                                                
1:50:44 PM                                                                                                                    
CHAIR DUNBAR opened public testimony on HB 345.                                                                                 
                                                                                                                                
1:51:07 PM                                                                                                                    
ELLEN  FOLTZ,   representing  self,  Asheville,   North  Carolina,                                                              
testified in  support of HB 345.  She stated that if a  ladder had                                                              
been installed  at the dock, Anna  would still be alive.  She said                                                              
the image of  Anna struggling to  get out of the water  will haunt                                                              
her for  the rest  of her  life. She expressed  deep gratitude  to                                                              
Representative  Story  for  introducing  HB  345  and  noted  that                                                              
everyone  has someone  they love  who might  one day  be drawn  to                                                              
Alaska's  beautiful  waters.  She  emphasized  the  importance  of                                                              
having visible  ladders available  for those  in distress,  adding                                                              
that she had not  realized how quickly the body seizes  up in cold                                                              
water. She  voiced strong  support for  installing safety  ladders                                                              
and closed by saying, "I miss my daughter."                                                                                     
                                                                                                                                
1:52:45 PM                                                                                                                    
CHAIR DUNBAR closed public testimony on HB 345.                                                                                 
                                                                                                                                
1:52:54 PM                                                                                                                    
CHAIR DUNBAR solicited the will of the committee.                                                                               
                                                                                                                                
1:52:57 PM                                                                                                                    
SENATOR  GRAY-JACKSON  moved to  report  HB  345, work  order  33-                                                              
LS1378\B,  from  committee  with  individual  recommendations  and                                                              
attached zero fiscal note(s).                                                                                                   

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