04/12/2012 09:00 AM Senate FINANCE

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."                                                                                                               
                                                                                                                                
9:10:45 AM                                                                                                                    
                                                                                                                                
MICHAEL   PASCHALL,   STAFF,   REPRESENTATIVE   ERIC   FEIGE,                                                                   
disclosed  that Representative  Feige  was the  Chief of  the                                                                   
Chickaloon Volunteer  Fire Department.  He added that  he was                                                                   
the Assistant  Chief and  board member  of the Rural  Deltana                                                                   
Volunteer   Fire  Department   and   that   he  chaired   the                                                                   
Delta/Greely   Local   Emergency   Planning   Committee.   He                                                                   
furthered  that  he was  a  member  of the  State  Inoperable                                                                   
Communications Committee; all  of the mentioned organizations                                                                   
could be related to the legislation.                                                                                            
                                                                                                                                
9:11:38 AM                                                                                                                    
                                                                                                                                
Mr.  Paschall   explained  that  according  to   the  Federal                                                                   
Emergency Management Agency (FEMA)  mutual aid agreements and                                                                   
systems   agreements   were  agreements   between   agencies,                                                                   
organizations,  and jurisdictions  that provided a  mechanism                                                                   
to  quickly  obtain  emergency  assistance  in  the  form  of                                                                   
personnel equipment materials  and other associated services.                                                                   
The  primary objective  was to  facilitate rapid,  short-term                                                                   
deployment of  emergency support prior to, during,  and after                                                                   
an incident. He stated that through  the Emergency Management                                                                   
Assistance  Compact (EMAC),  all 50 states,  the District  of                                                                   
Columbia, Puerto Rico, Guam, and  the U.S. Virgin Islands had                                                                   
an  agreement   that  established  guidelines   across  state                                                                   
borders. He referred to the Sponsor Statement (copy on                                                                          
file):                                                                                                                          
                                                                                                                                
     In 2004  the National  Emergency Management  Association                                                                   
     (NEMA)  in   conjunction  with  the   Federal  Emergency                                                                   
     Management  Agency  (FEMA)   and  a  host  of  emergency                                                                   
     response organizations,  began developing  and promoting                                                                   
     model legislation  for an  intrastate mutual  aid system                                                                   
     (IMAS). The goal  of IMAS is to provide  a framework for                                                                   
     all  political subdivisions  within a  state to  receive                                                                   
     and render  aid to other subdivisions within  a state in                                                                   
     times of need.                                                                                                             
                                                                                                                                
     HB  366  will  implement  this model  legislation  in  a                                                                   
     manner that will be beneficial  for Alaskan communities.                                                                   
     The system  detailed in HB 366 will provide  a framework                                                                   
     for mutual assistance among  the participating political                                                                   
     subdivisions  - regions,  boroughs, municipalities,  and                                                                   
     other  local  jurisdictions  -  in  the  prevention  of,                                                                   
     response  to,  and  recovery   from  any  disaster  that                                                                   
     results  in  a  formal  declaration  of  local  disaster                                                                   
     emergency.                                                                                                                 
                                                                                                                                
     The  employees and  volunteers  who  serve in  emergency                                                                   
     services recognize that emergencies  transcend political                                                                   
     jurisdictional boundaries.  They, and the local agencies                                                                   
     they    serve,   understand    that    intergovernmental                                                                   
     coordination  is essential for  the protection  of lives                                                                   
     and  property  and for  best  use of  available  assets.                                                                   
     Currently,  the  Alaska Disaster  Act  does provide  for                                                                   
     political subdivisions to  create mutual aid agreements,                                                                   
     which, in practice, works  well for neighboring entities                                                                   
     or  service areas  that have an  established history  of                                                                   
     providing mutual aid to one  another. These local mutual                                                                   
     aid agreements  vary widely in  their scope and  may not                                                                   
     all address  key issues  of liability and  compensation.                                                                   
     Further, they may not encompass  all emergency services.                                                                   
     Through   HB  366,  a   statewide  agreement   would  be                                                                   
     developed  to  supplement  existing  regional  or  local                                                                   
     agreements by  establishing a comprehensive,  integrated                                                                   
     system of mutual  aid at a state level  that will ensure                                                                   
     an efficient  and effective response to  all hazards and                                                                   
     disasters.                                                                                                                 
                                                                                                                                
     HB  366  would  allow  all   political  subdivisions  to                                                                   
     automatically  be included in  the statewide  mutual aid                                                                   
     system.  A political subdivision  may elect  to withdraw                                                                   
     by enacting  an appropriate resolution by  its governing                                                                   
     body. This  legislation would not prevent  participating                                                                   
     entities  from  entering into  supplementary  agreements                                                                   
     with   other  political   subdivisions  or  impact   any                                                                   
     existing  or  future  agreements.   If  a  participating                                                                   
     entity  cannot   provide  assistance  to   a  requesting                                                                   
     entity, they are not obligated or bound to provide                                                                         
     assistance.                                                                                                                
                                                                                                                                
9:14:35 AM                                                                                                                    
                                                                                                                                
Senator  Thomas  wondered  if  HB 366  participation  in  the                                                                   
system was mandatory.                                                                                                           
                                                                                                                                
Mr. Paschall  replied that  the way the  law was  written all                                                                   
political sub-divisions,  which would include  communities in                                                                   
the state,  were a part of  the agreement. He added  that any                                                                   
community  or  municipality could  vote  to  opt out  of  the                                                                   
agreement. He noted  that no one was required  to participate                                                                   
in  the event  of an  emergency.  He stressed  that the  bill                                                                   
simply  provided the  mechanism for  understanding where  the                                                                   
liability lands during an emergency situation.                                                                                  
                                                                                                                                
9:16:20 AM                                                                                                                    
                                                                                                                                
Co-Chair  Hoffman noted  the  one previously  published  zero                                                                   
fiscal  note from  the Department  of  Military and  Veterans                                                                   
Affairs.                                                                                                                        
                                                                                                                                
Co-Chair Hoffman OPENED public testimony.                                                                                       
                                                                                                                                
9:16:51 AM                                                                                                                    
                                                                                                                                
BRYAN  FISHER,  CHIEF  OF  OPERATIONS,   ALASKA  DIVISION  OF                                                                   
HOMELAND  SECURITY AND  EMERGENCY  MANAGEMENT, DEPARTMENT  OF                                                                   
MILITARY and  VETERANS AFFAIRS,  FORT RICHARDSON,  ANCHORAGE,                                                                   
(via  teleconference), testified  in  support of  HB 366.  He                                                                   
stated that  interstate mutual  aid was his agencies  mission                                                                   
and  the standing  mission of  the  State Emergency  Response                                                                   
Commission.  He noted  that his  agency  provided the  direct                                                                   
staff  support  to the  commission  already,  hence the  zero                                                                   
fiscal note.                                                                                                                    
                                                                                                                                
9:17:58 AM                                                                                                                    
                                                                                                                                
DAVID  GIBBS,  DIRECTOR OF  EMERGENCY  OPERATIONS,  FAIRBANKS                                                                   
NORTH STAR BOROUGH (via teleconference),  spoke in support of                                                                   
HB 366. He  added that interstate mutual aid  legislation was                                                                   
a legislative  priority for the  borough in 2010.He  believed                                                                   
that  the  bill  was well  crafted  policy  that  provided  a                                                                   
framework for a consistent and  integrated mutual aid system.                                                                   
He  shared  that   the  myriad  of  issues   with  regard  to                                                                   
authorities,   compensation,  and   liability  affected   the                                                                   
ability to provide,  and receive, timely assistance  in times                                                                   
of disaster.                                                                                                                    
                                                                                                                                
9:19:05 AM                                                                                                                    
                                                                                                                                
RICHARD ETHERIDGE, SECOND VICE-PRESIDENT,  ALASKA FIRE CHIEFS                                                                   
ASSOCIATION,  JUNEAU, urged  support  for HB  366. He  opined                                                                   
that there currently were delays in responding to disasters                                                                     
in outlaying communities. He felt that the bill would                                                                           
streamline operations to provide for faster response.                                                                           
                                                                                                                                
Co-Chair Hoffman CLOSED public testimony.                                                                                       
                                                                                                                                
HB 366 was HEARD and HELD in committee for further                                                                              
consideration.