Legislature(2011 - 2012)CAPITOL 120
03/27/2012 01:00 PM House MILITARY & VETERANS' AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| HB366 | |
| SJR14 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 366 | TELECONFERENCED | |
| + | SJR 14 | TELECONFERENCED | |
HB 366-DISASTER PLANNING AND SERVICES
1:06:51 PM
CO-CHAIR THOMPSON announced that the first order of business
would be HOUSE BILL NO. 366, "An Act establishing an Alaska
intrastate mutual aid system and relating to the duties of the
Alaska division of homeland security and emergency management
and the duties of the Alaska State Emergency Response
Commission."
1:07:08 PM
REPRESENTATIVE ERIC FEIGE, Alaska State Legislature, informed
the committee HB 366 is a committee bill from the Community and
Regional Affairs Standing Committee. He said members of his
staff are experts regarding emergency services and incident
command. Representative Feige advised that the bill was
requested by the state emergency services community and, because
of the expertise of his staff in this regard, he will be
carrying the bill.
1:08:26 PM
MICHAEL PASCHALL, Staff, Representative Eric Feige, Alaska State
Legislature, disclosed he is: an assistant chief and a board
member of a fire department that may fall under the agreement
established by the bill; the chair of the Delta Greely Local
Emergency Planning Committee, which may be asked to participate
in planning activities under the aforementioned agreement; and a
member of the Alaska Statewide Communications Interoperability
Plan committee, which falls under the State Emergency Response
Commission (SERC), Division of Homeland Security & Emergency
Management, Department of Military & Veterans' Affairs (DMVA).
He then disclosed that Representative Feige is the chief of
Chickaloon Fire Service, Inc. Mr. Paschall read the following
statement [original punctuation provided]:
According to the Federal Emergency Management Agency:
"Mutual aid agreements and assistance agreements are
agreements between agencies, organizations, and
jurisdictions that provide a mechanism to quickly
obtain emergency assistance in the form of personnel,
equipment, materials, and other associated services.
The primary objective is to facilitate rapid, short-
term deployment of emergency support prior to, during,
and after an incident."
Through the EMAC (Emergency Management Assistance
Compact), all 50 states, the District of Columbia,
Puerto Rico, Guam, and the U.S. Virgin Islands all
have agreed and established guidelines to provide aid
across state [borders].
Across Alaska, local organizations adjacent to each
other sometimes have agreements to provide assistance
in the event of an emergency, often within the same
political subdivision. When an incident commander
needs additional resources, such as an additional
ambulance, established procedures work to make the aid
available.
Unlike the EMAC that allows response across state
[borders], and local agreements that provide
assistance for isolated incidents - Alaska has no
unified agreement in place allowing one political
subdivision to assist another.
Although assistance can be obtained, all of the
details concerning cost, responsibility, liability,
and other items have to be negotiated on a situation
by situation basis.
When an event occurs, people work to continue the
operation or the reestablishment of services. Time is
not available to negotiate items such as: Who will
pay the transportation costs to the area. Who is
responsible for maintenance of the equipment that is
involved? Who can terminate an employee, and other
such items.
House Bill 366 and its companion in the other body, SB
208, will put in place a tool that will make assisting
those in need easier for us here in Alaska. This
process is not just about typical emergency services
such as fire, police, and emergency medical services.
It also includes everything from water and sewer
treatment facilities, electric and other utilities, ,
fuel delivery, all services individuals expect to be
available to them before, during and after an
emergency.
The National Emergency Management Association (NEMA),
the Federal Emergency Management Agency (FEMA), and
interested response organizations developed model
legislation for an intrastate mutual aid system. A
copy of the model legislation was provided to you.
The bill you have before you is an adoption of the
model legislation. It was developed by the Division
of Homeland Security and Emergency Management here is
Alaska in conjunction with several organizations
including the Alaska Fire Chiefs Association, Alaska
Municipal League, and the Fairbanks North Star
Borough.
Section 1 of this bill requires the Division of
Homeland Security and Emergency Management to play an
integral role in developing and implementing the
Intrastate Mutual Aid System established by this bill.
Section 2 requires the division to coordinate the
operation of the agreement or IMAS.
Section 3 addresses the State Emergency Response
Commission and requires the commission to make
recommendations about IMAS and adopt regulations
necessary to carry out the agreement.
Section 4 requires the commission to review and make
recommendations about the mutual aid system.
Section 5 establishes the mutual aid system between
participating political subdivisions. Provides that
every political subdivision is a participating member
unless the subdivision withdraws. Provides what
assistance a political subdivision may request.
Addresses qualifications and employment of, and
workers' compensation for, emergency responders.
Establishes reimbursement procedure, tort liability
for participating political subdivisions. Provides
definitions for the provisions establishing the mutual
aid system.
1:13:42 PM
MR. PASCHALL, in response to Representative Austerman, said the
State Emergency Response Commission (SERC) is an established
commission that consists of several department commissioners,
representatives of local governments, urban and rural emergency
planning agencies, and federal non-voting members.
REPRESENTATIVE AUSTERMAN surmised the Alaska intrastate mutual
aid system would be established through the commission.
MR. PASCHALL explained the system would be established through
the division and the commission. Both the commission and the
division have certain duties outlined in statute for existing
activities, and for activities that would fall under the
intrastate agreement.
REPRESENTATIVE AUSTERMAN asked whether the mutual aid system has
staff that "coordinates any kind of a disaster that comes
along."
MR. PASCHALL said that depends on the activity. The state would
coordinate activities at the state level through its emergency
response center during a state disaster. For a locally-declared
disaster, "it would be between the two political subdivisions."
It would also depend on the scale of the emergency. Equipment
and skilled workers are maintained at all levels - within local
and state government - so the division has much information
available; however, the agreement would establish that if one
needed a particular asset, does one contact a neighboring
community or does one contact the state.
REPRESENTATIVE AUSTERMAN observed the fiscal note is zero, so
there is no cost associated with implementing this mutual aid
system.
MR. PASCHALL confirmed that much of the information for the
system is in place; in fact, the cost that occurs is in the
event of a disaster, and language in the bill provides for what
costs are paid by the responding agency, and what costs are paid
by the requesting agency. Furthermore, personnel from the
division already provide many of the services and information
addressed by the bill.
REPRESENTATIVE AUSTERMAN questioned if there is no agreement
prior to a natural disaster, who bears the liability for the
costs of the response.
MR. PASCHALL said that is the purpose of the bill, so that there
is an agreement in place. Without the costs
"spelled out" the different organizations negotiate throughout
the state. For example, Juneau may send assistance to another
community in Southeast, and if an agreement is not in place, the
costs must be determined each time.
REPRESENTATIVE AUSTERMAN noted the bill allows subdivisions to
"opt out" of [withdraw from] the agreement; however, if that
subdivision then suffers a disaster, would there be no response
because it is not part of the mutual aid system.
MR. PASCHALL agreed that an entity that opts out of the
agreement may get no response to its request. He expressed his
belief that this scenario is possible and has happened.
1:20:03 PM
REPRESENTATIVE CISSNA said that she was in Tanana after the
flood and saw how vulnerable many Alaskan communities are. She
recalled from previous testimony that "people get help when they
need help," and asked what particular event inspired the bill.
MR. PASCHALL answered that the need for this agreement has been
discussed for several years, and testimony from emergency
responders will explain the difficulties that they have had
providing aid across political subdivisions.
CO-CHAIR THOMPSON recalled that during the Big Lake fire, many
fire departments responded from all around the state.
MR. PASCHALL added that wild land fires require a response from
federal, state, local, and tribal agencies to provide services
all over the country. The bill sets the legislation and terms
that should be in place for an agreement within the state.
CO-CHAIR THOMPSON related an argument over liability between the
Fairbanks North Star Borough and the Bureau of Land Management.
REPRESENTATIVE MILLER returned attention to the zero fiscal
note. He asked if there is a provision in the bill that will
direct various state agencies, or departments, to locate
equipment at specific locations, and if so, whether there would
need to be state funding to accomplish that.
1:24:43 PM
MR. PASCHALL said no. That process is already in place; for
example, communications equipment is already located throughout
the state in large and remote "hubs." There is also an
inventory of equipment owned by individual agencies that is
available for state use if needed. He stressed that HB 366
establishes the responsibility for the equipment that is made
available. The planning processes are continuous, and funded
through the division.
REPRESENTATIVE AUSTERMAN asked for the definition of political
subdivisions.
MR. PASCHALL explained they are a municipality or a community
that is unorganized and has more than 25 people, and is unique
in nature. Larger areas are those of recognized municipalities,
and in an unorganized borough, they are individual communities
that may or may not be organized.
CO-CHAIR THOMPSON opened public testimony.
1:27:23 PM
BRYAN FISHER, Chief of Operations, Division of Homeland
Security/Emergency Management (DHS&EM), DMVA, expressed his
support of the bill and disclosed that DHS&EM participated in
writing the proposed legislation. In response to Representative
Austerman's question as to whether there are costs associated
with implementing the mutual aid system, Mr. Fisher pointed out
that implementing the system would be a part of DHS&EM's day-to-
day mission, which is to coordinate resource support for local
jurisdictions and political subdivisions in the event of a
disaster. In addition, DHS&EM serves as the primary staff
support to SERC, and as part of its regular job to support the
commission, would participate in all of the work needed to be
done to develop policies and procedures if the legislation is
passed.
REPRESENTATIVE AUSTERMAN restated his question regarding the
status of subdivisions that opt out of the agreement.
MR. FISHER explained opt out provisions are included to give
some flexibility. The primary mission of DHS&EM in an emergency
is to respond to all resource requests with assistance from the
nearest location; however, weather issues can intercede. The
system put in place by the bill will allow a community to get
the assistance that is closest to them, thereby saving time.
Mr. Fisher assured the committee that if a community opts out,
that does not prevent it from requesting support, and DHS&EM
will respond to the request. In further response to
Representative Austerman, he advised in a statewide emergency, a
political subdivision that opted out of the mutual aid system
would not be called upon to be the first resource provider to
respond, because the issues addressed in the bill, such as tort
liability and workmen's compensation, would not have been agreed
to. He said, "We wouldn't want to put anybody, expose anybody
to risk, or put anybody in harm's way without some prior
planning and processes in place." Another reason for not
calling upon a political subdivision that opted out is the other
major issue addressed in the legislation: the reimbursement of
jurisdictions for their response efforts, or the repair of
communities after a disaster is declared. However, Mr. Fisher
stressed that in life/safety situations, DHS&EM would respond to
any community as fast as it can.
1:32:02 PM
CO-CHAIR THOMPSON asked how important the Alaska Land Mobile
Radio (ALMR) system is to communication between departments and
agencies when responding.
MR. FISHER said communication provided by the ALMR system is an
integral part of an effective and coordinated response.
1:32:49 PM
RICHARD ETHERIDGE, Fire Chief, Capital City Fire/Rescue; 2nd
Vice President, Alaska Fire Chiefs Association, stated HB 366 is
very important to fire and rescue organizations. He described
the bill as a collaborative partnership between state, local,
and federal authorities, which creates the framework for
agencies to provide and receive assistance. At this time,
DHS&EM is tasked with coordinating this effort statewide. He
cautioned that no department in Alaska has the ability to handle
a major disaster on its own; however, the bill is a "force
multiplier" that allows communities to ask for help from
neighbors. Mr. Etheridge acknowledged that state law already
provides for mutual aid agreements between departments, but it
is unknown which communities will need assistance. For example,
Thorne Bay recently needed assistance with a hazardous materials
incident, and because there was not a mutual aid agreement in
place, a lot of questions needed to be answered first - the
proposed bill would have put the framework together and saved
time. He advised that calls have increased in Southeast, and
the bill eliminates much of the administration process. Mr.
Etheridge described recent incidents in Southeast, and said the
Alaska Fire Chiefs Association and Capital City Fire/Rescue urge
the passage of the bill.
1:36:57 PM
REPRESENTATIVE CISSNA asked whether there are international
emergency relationships with Canada and its territories.
MR. ETHERIDGE advised there are some agreements in place; in
fact, agencies in Juneau respond to the mining communities up
the Taku River and have permission to cross the border in an
emergency. In Haines and Skagway, the fire departments have
agreements with Whitehorse, Yukon Territory.
1:38:49 PM
KATHIE WASSERMAN, Executive Director, Alaska Municipal League,
on behalf of the Alaska Municipal League (AML), stated its
support for HB 366. She disclosed that the Alaska Fire Chiefs
Association has a seat on AML's board. Ms. Wasserman said from
her experience as the former mayor of a small town, she believes
this bill will save up to one hour of "hesitancy" - because of
possible liability and cost - before a community responds to a
request for assistance. Although communities do respond to one
another, time is critical.
1:41:20 PM
MIKE O'HARE, Deputy Director, DMVA, emphasized the bill in its
simplest form establishes agreements for liability, tort issues,
and the reimbursement of costs for small to medium emergencies.
Previous testimony proves that small requests for equipment and
personnel are becoming more frequent. He reiterated that DHS&EM
supports the legislation which will enable the division to work
with SERC to develop a system at no additional cost to the
state. Regarding the question of whether additional funding
would be required at a later date, he said there would be none,
and additional needs of communities will be addressed by grants,
or through capital improvement program (CIP) requests. In
response to Representative Cissna, Mr. O'Hare explained that the
state has an existing mutual aid agreement with neighboring
Canadian territories called the Pacific Northwest Emergency
Management Arrangement. In closing, he estimated that more than
25 other states have enacted similar legislation.
1:44:43 PM
REPRESENTATIVE AUSTERMAN understood that although the bill has a
zero fiscal note, DHS&EM will look for federal grants or CIP
funds to continue to fund the program.
1:45:07 PM
MR. O'HARE said no. He clarified that there will be no
additional funding to put the intrastate mutual aid system
together.
1:45:58 PM
DENNIS BRODIGAN, Director, Emergency Services, Matanuska-Susitna
Borough, expressed his support of the bill for all of the
reasons offered by the previous testifiers.
1:46:28 PM
JIM BUTLER, Attorney, informed the committee he practices law
for a small firm in Kenai. He disclosed he is a former public
member of SERC, but is not speaking on its behalf today. Mr.
Butler said his law practice primarily is involved with the
world of emergency and incident management from local to
national levels, and he regularly participates on multi-agency
hazardous teams and on corporate incident management teams. He
pointed out that in the past the legislative and agency
processes have focused on planning for emergencies. At this
point, however, the bill represents an opportunity to create the
administrative mechanisms that allow first responders to
efficiently and effectively respond. Mr. Butler advised that in
the aftermath of an emergency, city officials, local officials,
risk managers, lawyers, accountants, and insurance
representatives enter into the picture - all with distinct
responsibilities - and unless there is an established system in
place, difficulties arise. He opined that HB 366 creates the
authority in the legal mechanism for municipalities. Although
fire protection authority rests with the Division of Forestry,
Department of Natural Resources, and hazardous material
authority rests with the Department of Environmental
Conservation, this legislation addresses nontraditional
emergencies such as floods, ice jams, or an event that requires
providing technical assistance. He encouraged the committee to
advance the bill.
MR. BUTLER opined evaluation of the system at an administration
level will inform political subdivisions about how they want to
fit into the system.
1:50:51 PM
DAVID GIBBS, Director, Emergency Operations, Fairbanks North
Star Borough (FNSB), spoke in support of HB 366, adding that the
FNSB assembly identified intrastate mutual aid legislation as
one of its legislative priorities in 2010. He related that
FNSB became intimately involved in the response to the 2009 ice
jam flooding on the Yukon River when it was asked to provide
equipment and assistance. Some of the requested assistance was
not provided due to the lack of an agreement regarding
authorities, compensation, and liability. In fact, the Yukon
River flooding response was a clear demonstration of the value
of having procedures and agreements in place prior to the
occurrence of a disaster.
1:52:43 PM
JEFF TUCKER, Fire Chief, North Star Volunteer Fire Department,
stated he was also the immediate past president of the Alaska
Fire Chiefs Association. He supported the previous testimony,
and stressed that HB 366 provides the framework upon which
agencies can build their intrastate mutual aid emergency
response plan that is critical to help communities throughout
Alaska. He restated the support of the Alaska Fire Chiefs
Association.
1:53:41 PM
DOUG SCHRAGE, Representative, Intrastate Mutual Aid System
(IMAS) Committee, International Association of Fire Chiefs,
disclosed he holds seats on the boards of the Alaska Fire Chiefs
Association and the Western Fire Chiefs Association. Mr.
Schrage expressed his support of HB 366 and the previous
testimony, adding that one of the primary problems that the bill
addresses arose following Hurricane Katrina when emergency
managers were shopping for less costly, but more distant,
resources. In addition, he noted that the successful agreements
that already exist between firefighting agencies are a model for
this legislation.
1:55:31 PM
CO-CHAIR THOMPSON, after determining no one else wished to
testify, closed public testimony.
1:56:08 PM
REPRESENTATIVE AUSTERMAN moved to report HB 366 out of committee
with individual recommendations and the accompanying fiscal
notes. There being no objection, HB 366 was reported out of the
House Special Committee on Military and Veterans' Affairs.
1:56:29 PM
The committee took an at-ease from 1:56 p.m. to 1:59 p.m.
1:59:14 PM
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB366 Version A.pdf |
HMLV 3/27/2012 1:00:00 PM |
HB 366 |
| HB366 Sponsor Statement.pdf |
HMLV 3/27/2012 1:00:00 PM |
HB 366 |
| HB366 Letter of Support- Food Bank.pdf |
HMLV 3/27/2012 1:00:00 PM |
HB 366 |
| HB366 Support Letters.pdf |
HMLV 3/27/2012 1:00:00 PM |
HB 366 |
| CS SJR 14 (STA)B.pdf |
HMLV 3/27/2012 1:00:00 PM |
SJR 14 |
| SJR 14 STA Fiscal Note.pdf |
HMLV 3/27/2012 1:00:00 PM |
SJR 14 |
| SJR14.Articles.Military Base Cut Proposal.pdf |
HMLV 3/27/2012 1:00:00 PM |
SJR 14 |
| SJR14 Sponsor Statement.pdf |
HMLV 3/27/2012 1:00:00 PM |
SJR 14 |
| HB 366 6 AAC 94 Disaster Assistance Programs.pdf |
HMLV 3/27/2012 1:00:00 PM |
HB 366 |
| HB 366 AS 26 23 Disasters.pdf |
HMLV 3/27/2012 1:00:00 PM |
HB 366 |
| HB 366 EMAC Document.pdf |
HMLV 3/27/2012 1:00:00 PM |
HB 366 |
| HB 366 EMAC Presentation FEMA 060802emac.pdf |
HMLV 3/27/2012 1:00:00 PM |
HB 366 |
| HB 366 Letter Alaska Municipal League SB 208.pdf |
HMLV 3/27/2012 1:00:00 PM |
HB 366 SB 208 |
| HB 366 FEMA Disaster Assistance Policy DAP9523.pdf |
HMLV 3/27/2012 1:00:00 PM |
HB 366 |
| HB 366 Letter AARP SB 208.pdf |
HMLV 3/27/2012 1:00:00 PM |
HB 366 SB 208 |
| HB 366 Letter Alaska State Fair.pdf |
HMLV 3/27/2012 1:00:00 PM |
HB 366 |
| HB 366 Model Intrastate Mutual Aid Legislation.pdf |
HMLV 3/27/2012 1:00:00 PM |
HB 366 |
| HB 366 NIMS Core pp 9-12 Preparedness.pdf |
HMLV 3/27/2012 1:00:00 PM |
HB 366 |
| HB 366 Support Letter AARP.pdf |
HMLV 3/27/2012 1:00:00 PM |
HB 366 |
| HB366-FISCAL NOTE- DMVA-MVA-HSEM-3-25-12.pdf |
HMLV 3/27/2012 1:00:00 PM |
HB 366 |
| HB366- Support Letter- Fairbanks North Star School District.pdf |
HMLV 3/27/2012 1:00:00 PM |
HB 366 |
| HB366 Sectional Analysis.pdf |
HMLV 3/27/2012 1:00:00 PM |
HB 366 |