Legislature(2021 - 2022)SENATE FINANCE 532
03/24/2021 09:00 AM Senate FINANCE
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| Audio | Topic |
|---|---|
| Start | |
| Alaska Railroad, Update and Covid Funding Synopsis | |
| SB19 | |
| SB56 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| + | SB 56 | TELECONFERENCED | |
| += | SB 19 | TELECONFERENCED | |
SENATE BILL NO. 56
"An Act extending the January 15, 2021, governor's
declaration of a public health disaster emergency in
response to the novel coronavirus disease (COVID-19)
pandemic; providing for a financing plan; making
temporary changes to state law in response to the
COVID-19 outbreak in the following areas: occupational
and professional licensing, practice, and billing;
telehealth; fingerprinting requirements for health
care providers; charitable gaming and online ticket
sales; access to federal stabilization funds; wills;
unfair or deceptive trade practices; and meetings of
shareholders; and providing for an effective date."
9:50:05 AM
ADAM CRUM, COMMISSIONER, DEPARTMENT OF HEALTH AND SOCIAL
SERVICES, ANCHORAGE (via teleconference), read from a
prepared statement:
SB 56 was introduced by the Governor on January 25
after issuing a declaration of a public health disaster
emergency in response to the COVID-19 pandemic on January
15.
1. This was done pursuant to AS 26.23.020 and AS
26.23.025
2. Generally these statutes provide that a disaster
proclamation may not remain in effect longer than 30
days, unless extended by the Legislature.
3. The Governor brought forth bills for the Legislature
to consider extending the declaration.
4. However, absent legislative action and pursuant to
AS 26.23.020, the Public Health Disaster Emergency
expired on February 14.
In the time leading up to the February 14 expiration:
1. The Administration evaluated the current COVID-19
response plan which includes elements which you
are all familiar with, such as:
a. widespread testing
b. supporting non-congregate housing for certain
groups of individuals who need to quarantine or
isolate
c. providing alternative care sites, procurement
of PPE and testing supplies
d. guidelines for critical infrastructure work
force and employers, and
e. vaccine allocation, distribution, and
administration.
2. The Administration evaluated what we needed to do to
keep Alaska in the top tiers, nationwide, for
safety, testing, and vaccine distribution. We
evaluated what would be necessary for the next
month, the next 3 months, and the next 6 months.
3. We evaluated what tools were necessary to continue
our response efforts this involved looking at
regulations previously waived, authorities that are
provided for under the Alaska Disaster Act and the
current statutory authority under the Alaska Public
Health Emergency.
4. We met extensively with our response partners
federal agencies, local governments, health care
providers, tribal health entities, health care
facilities, associations to discuss operations and
response efforts by the state, if the Disaster
Declaration was not extended.
As part of our evaluative process we looked closely at
the authorities that are available to the Governor under
the Alaska Disaster Declaration Act.
I would like to review the authorities under the Alaska
Disaster Act -
AS 26.23.020 (b)
The governor may issue orders, proclamations, and
regulations necessary to carry out the purposes of the
Disaster Act.
• used to allow state agencies to be nimble and
flexible in response to the public health emergency
and disaster;
• provided protections for the spread of the disease
by establishing guidelines for travel into Alaska,
around Alaska, and for our critical infrastructure
workforce
AS 26.23.020 (e)
A proclamation of a disaster emergency activates the
disaster response and recovery aspects of the state,
local, and interjurisdictional disaster emergency plans
• used to allow the Unified Command structure to
support local jurisdictions, statewide healthcare
system and statewide response to the pandemic.
• Allowed for the establishment of alternative care
sites, including outpatient therapeutic treatment
centers.
• Allowed for the state to coordinate the use of
supplies and materials.
AS 26.23.020 (f)
The governor may delegate or assign command authority for
the National Guard by appropriate orders or regulations.
• allowed us to utilize the National Guard for
response purposes, such as contact tracing, testing
and logistical support
AS 26.23.020 (g) there are a lot of authorities under
this section of the Alaska Disaster Act the primary
ones that were used -
26.23.020 (g)(1) suspend the provisions of regulations or
statutes if compliance would prevent, or substantially
impede or delay, action necessary to cope with the
disaster emergency We use this statute for:
• Emergency procurement of commodities/supplies for
hospitals, health clinics, providers, communities.
• Emergency procurement for contracts for additional
cold-chain shippers
• Emergency procurement for contracts for testing and
supplies
• Hiring of temporary personnel to support public
health response plans contact tracers, public
health nurses, microbiologists, support for data
systems, etc.
• Allowed for increased flexibility in how we care for
and provide services to our most vulnerable
populations in congregate settings and facilities.
9:54:58 AM
Commissioner Crum continued to read from his statement:
26.23.020(g)(7) control ingress to and egress from a
disaster area, the movement of persons within the
area, and the occupancy of premises in it;
• this is the authority that was used to implement
pre-travel testing requirements for travel into
Alaska and to communities off of the road system
and on the Alaska Marine Highway System
26.23.020(g)(9) make provisions for the availability
and use of temporary emergency housing;
• this was used for non-congregate housing for
homeless, for travelers that arrived in Alaska
and tested positive, for health care workers
26.23.020(g)(10) allocate or redistribute food, water,
fuel, clothing, medicine, or supplies;
• this is the authority that was used for PPE,
testing supplies, vaccine and therapeutic
treatments.
Other Authorities under AS 26.23.020 (g) that we did
not use at all - such as
• Use all available resources of the state
government and of each political subdivision of
the state as reasonably necessary;
• Commandeer or utilize any private property
• Suspend or limit the sale, dispensing, or
transportation of alcoholic beverages, explosives
or combustibles
• Use money from the oil and hazardous substance
release response account to respond to a disaster
related to an oil or hazardous substance
discharge.
In Summary of These Authorities:
1. We asked ourselves how does Alaska proceed to a
"recovery phase" moving beyond "Disaster" and
"Emergency" can we take a more limited approach
that provides us the tools that we need to keep
Alaska's public health response plan as one of
the best in the nation and that also supports
our state improving in economic metrics.
2. Through our evaluative process, we realized we
don't need all of the authorities available under
the Alaska Disaster Act to keep Alaska's public
health response plan as one of the best in the
nation.
3. We think that there is room to utilize a more
limited, or targeted approach vs. a blanket
approach that the disaster declaration provides
by using uncodified law to establish the
authorities that we need that are important for
our response plan and for a limited period of
time.
Commissioner Crum stated that Alaska ranked in the top tier
in the country as it pertained to public health and safety,
especially as it pertained to COVID-19 testing. He
emphasized the high number of tests conducted in the state,
with a very rapid turnaround in the state. He noted that
case counts had plateaued since March 2020. He also
remarked that the number of COVID-19 hospital patients was
currently low. He stressed that it was a much different
situation than in the winter of 2020. He also noted that
approximately 29.6 percent of Alaskans 16 or older were
currently vaccinated against COVID-19.
10:00:26 AM
Commissioner Crum stressed that Governor Dunleavy had
opened the vaccination availability for those 65 and older,
because COVID-19 hospitalizations and deaths were highest
for that age group. He noted that there would be many
additional vaccination doses arriving in the coming weeks.
He announced the combination of these things resulted in
the conclusion that a disaster declaration was unnecessary.
He continued to read from his prepared statement:
We concluded we needed limited authorities to support
four elements of the state's response:
1. The ability to allocate and distribute vaccines
and therapeutics
2. Limited immunity for officials performing their
duties related to the state's response plan
3. The continued use of enhanced telehealth services
4. Necessary authority accessing federal relief
funding as they pertain to the state's continued
response and nexus to the federal public health
emergency and major disaster declaration which
includes EA SNAP benefits, blanket waivers in
place due to the federal public health emergency,
FEMA support for non-congregate housing supported
by DMVA.
10:05:41 AM
Commissioner Crum continued with his testimony:
We understand the sensitivity of using the Disaster
Declaration and a Public Health Emergency to provide
such broad authority.
We understand the need to progress to a "recovery
phase" for Alaska but also have the tools that we
need to respond if things change such as the entry
of variants. Which we are watching closely.
It is possible to allow the appropriate authorities to
the Department of Health and Social Services and the
Department of Military and Veterans Affairs to
continue the state's response plan without providing
the overbroad authority of a public health emergency
disaster declaration under the Alaska Disaster
Declaration Act.
Senator Wielechowski wondered how many other states had
current disaster declarations.
Commissioner Crum replied that all the states except for
Michigan and Alaska had current disaster declarations.
Senator Wielechowski surmised that 48 states did not have
disaster declarations.
Commissioner Crum agreed.
10:10:00 AM
Senator Wielechowski looked at the definition of "disaster
declaration" in statute and noted that it was defined as
the "occurrence or imminent threat of widespread damage,
injury, or loss of life or shortage of food, water, or
fuel." He noted that Section E mentioned, "an outbreak of
disease or credible threat of an imminent outbreak of a
disease." He wondered whether the current pandemic met
those criteria.
Commissioner Crum replied that he did not believe that, in
Alaska, the threat had not risen to a level of a disaster
declaration currently, because of the tools and
infrastructure implementation and availability.
Senator Wielechowski noted that the definition of disaster
declaration included "the occurrence or imminent threat of
widespread or severe damage, injury, loss of life from an
outbreak of disease." He wondered whether Commissioner Crum
believed that the current pandemic did not meet that
statutory definition of "disaster."
Commissioner Crum replied in the affirmative.
Senator Hoffman looked at the letter from DHSS, which
stated that there was a discussion of the extension of the
health disaster emergency from January 15, 2021, to March
15, 2022. He remarked that there was also a letter from the
governor dated January 1, which stated that the bill would
extend the health disaster period to September 30, 2021,
and left it open ended or until the outbreak no longer
exists. He wondered where in the bill it delineated how
long the disaster emergency period exists.
Commissioner Crum replied that the Health and Social
Services subcommittee changed the date from September to
March.
Senator Hoffman wondered where the appropriation would be
targeting. He asked whether it was the full funding or
whether bill authorized expenditure from President Biden's
federal appropriation.
Commissioner Crum replied that the bill would only deal
with the past aspects of the financial plan, but deferred
to OMB for the current plans of the Alaska Recovery Plan
that was passed on the federal level.
10:15:44 AM
Senator Hoffman wondered when there was an expectation of
the request to expend the Biden administration's Covid
funds before the committee.
Commissioner Crum replied that he did not know the official
timeline, but stated that DHSS was working to ensure that
there was a thorough understanding of what dollars and
rules were coming in through programs administers by DHSS.
He deferred to OMB about the timing of the presentation to
the committee.
Senator Hoffman commented that the discussion was about the
health of the Alaskan people. He felt that an expeditious
request meant that there could be time to give it due
consideration for appropriation. He felt that expedience
was required to assure that the people were protected as
early as possible, and hoped there could be more
information from the administration.
Co-Chair Bishop commented that the conversation would
continue on the upcoming Friday.
Senator Hoffman wondered whether there was satisfaction
with the change made in the Senate Labor and Commerce
subcommittee for the March 15 extension, and whether there
were comments on the original request of the September 30
deadline.
Commissioner Crum replied that a further timeframe beyond
March would be beneficial for his department.
10:19:46 AM
HEIDI HEDBERG, DIRECTOR OF THE DIVISION OF PUBLIC HEALTH,
ANCHORAGE (via teleconference), furthered that there was a
current focus of vaccine confidence. She remarked that
vaccine was still a scarce resource. She shared that the
federal government was allocating to the states based on
state population. She remarked that Alaska was mimicking
that distribution within the state, and distributed the
vaccines based on the census area. She noted that the
department was working on vaccine confidence and education
of Alaskans related to the science of vaccines. She
stressed that there was limited authority needed to
allocate by population.
10:20:37 AM
Senator Wielechowski looked at page 3, line 28 of the bill
said that "if the commissioner of Health and Social
Services certifies to the governor that there was no longer
a current outbreak of novel coronavirus, Covid-19 or
credible threat of imminent outbreak, the governor shall
issue a proclamation of public health disaster emergency no
longer exists." He wondered whether there Commissioner Crum
had certified to the governor that there was no longer a
credible threat of outbreak of novel coronavirus.
Commissioner Crum replied that he understood that phrasing
to be about whether there was current disaster declaration
in place, then he would need to provide certification.
Senator Wielechowski wondered whether Commissioner Crum
believed that there was no longer and outbreak of the novel
coronavirus.
Commissioner Crum replied that there were current ongoing
outbreaks, but they were not to the level needed for a
disaster declaration.
Senator Wielechowski queried the level at which there would
be a determination of a disaster declaration.
Commissioner Crum replied that there were many factors and
a metric that would require that determination of a
disaster declaration.
Co-Chair Bishop surmised that, to date, there was a 29.6
percent of 16 and older vaccinated in the state.
Commissioner Crum agreed.
Co-Chair Bishop stated that there was approximately 70
percent of those 65-years-old and older vaccinated in the
state.
Commissioner Crum agreed.
Co-Chair Bishop announced that there was a dosage
expectation in April of approximately 143,000.
Commissioner Crum agreed.
Co-Chair Bishop stated that 372,000 people had been
vaccinated with at least the first dose to date.
Commissioner Crum agreed.
Co-Chair Bishop queried the state's estimate at reaching
herd immunity.
Commissioner Crum replied that the primary goal was making
sure that the vaccine was available for Alaskans that
wanted to take the vaccine. He stated that there was an
anticipation of enough doses in the state for Alaskans that
wanted to receive the vaccine by April
10:25:42 AM
Senator Wilson remarked that there was a concern about the
legality of a "vaccine passport program" within businesses
and conditions of employment. He asked for information
about that issue.
Commissioner Crum replied that the Department of Law would
be better suited to answer that concern.
Co-Chair Bishop stated that there was not.
Commissioner Crum agreed to provide that information.
Co-Chair Bishop wondered whether there was a deadline for
the legislature to have a bill passed to be eligible for
the April enhanced SNAP benefits.
Commissioner Crum replied that if there was a bill passed
in the legislature that allowed for DHSS to apply for SNAP
benefits any time in the month of April, then there would
be distribution of the April benefits.
Co-Chair Bishop wondered whether there was any guidance
from the federal government about the date of repealing the
SNAP program.
Commissioner Crum replied that it was subject to available
funding, and tied to the Federal Public Health Emergency.
Co-Chair Bishop wondered whether there had been official
approval from the Food and Nutrition Services that the
approach was sufficient to receive the $8 million benefits.
Commissioner Crum replied in the affirmative, and there was
an acceptance of language applied to an authorities bill in
Covid response.
10:28:31 AM
ALBERT WALL, DEPUTY COMMISSIONER, DEPARTMENT OF HEALTH AND
SOCIAL SERVICES, JUNEAU (via teleconference), asked for a
restatement of the question.
Co-Chair Bishop wondered whether there was any official
approval from the Food and Nutrition Services that the
approach that was requested was sufficient to receive the
enhanced $8 million SNAP benefits.
Mr. Wall replied that there was work with the regional
director for the purpose. The communication from him had
been by email and verbally that should the state define the
emergency and apply with the emergency in mind, then the
money could move forward.
10:29:32 AM
Senator Wielechowski asked whether individuals could be
denied SNAP benefits and when that would occur.
Commissioner Crum replied that because the allotment was
outside the typical program, those funds would be coming
into the state mid-month so there was a manual process to
update those funds.
Senator Wielechowski asked about timing of passing
legislation to save the delaying of benefits.
Commissioner Crum replied that he believed passing
legislation by the second week of April would not delay the
benefits.
Mr. Wall said that regular benefits would continue as
usual. Emergency allotments would be disrupted, but could
be retroactive.
Co-Chair Bishop asked for an average SNAP benefit monthly
stipend vs the emergency level.
Co-Chair Bishop queried the average monthly SNAP benefit
amount.
Mr. Wall replied that there was a widespread dollar amount
that depended on the need of individual or family. He
agreed to provide that information.
Senator Wielechowski wondered how many Alaskans were
eligible for the enhanced SNAP benefits for the month of
April.
Mr. Wall agreed to provide that information.
Senator Wielechowski wondered when a bill would need to be
passed in order to not delay funds reaching Alaskans.
Mr. Wall replied that it should be passed any day in April.
Senator Wielechowski wondered when the enhanced SNAP
benefits would be paid in the month of April.
Mr. Wall replied that the benefits were a rolling day, and
agreed to provide that information. He stated that the
supplemental payment did not all go out on the same day.
10:35:20 AM
Senator Wilson stressed that retroactive payments would not
feed a person daily. He wondered whether any of the
enhanced benefits recipients been notified that their
benefits were at risk so they could properly prepare their
families.
Mr. Wall replied that they had not been specifically
notified, but remarked that they had been informed that it
was a month-to-month program that was subject to
availability.
Senator von Imhof noted that there were discussions on this
issue in subcommittee. She remarked that a person's
situation could change over time. She felt that the economy
was opening back up, so the qualifications for the SNAP
funds may not reflect the actual need.
Senator Wielechowski stressed that receiving the benefit
was a critical component of receiving food for people. He
felt that the bill needed to be passed as soon as possible.
Co-Chair Bishop discussed the following day's agenda.
SB 56 was HEARD and HELD in committee for further
consideration.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB 56 Section Analysis Version 32 GS 1011 I.pdf |
SFIN 3/24/2021 9:00:00 AM |
SB 56 |
| SB 56 Transmittal Letter 1.21.2021.pdf |
SFIN 3/24/2021 9:00:00 AM SHSS 2/2/2021 1:30:00 PM |
SB 56 |
| SB 56 Summary of Changes- 32 GS1011 I.pdf |
SFIN 3/24/2021 9:00:00 AM |
SB 56 |
| SB 56 OVK - Extend the COVID-19 Public Health Disaster Emergency.pdf |
SFIN 3/24/2021 9:00:00 AM |
SB 56 |
| SB 56 NFIB support.pdf |
SFIN 3/24/2021 9:00:00 AM |
SB 56 |
| SB 56 Thurman opposition.pdf |
SFIN 3/24/2021 9:00:00 AM |
SB 56 |
| SB 56 Support Letters.pdf |
SFIN 3/24/2021 9:00:00 AM |
SB 56 |
| 032421 2020_ARRC_Quick_Facts_or.pdf |
SFIN 3/24/2021 9:00:00 AM |
Alaska Railroad |
| 032421 2021 Senate Finance Presentation.pdf |
SFIN 3/24/2021 9:00:00 AM |
Alaska Railroad |
| SB 56 CMS Response Letter re Federal Waivers 3-16-21.pdf |
SFIN 3/24/2021 9:00:00 AM |
SB 56 |
| SB 56 CMS Response Letter re Federal Waivers 3-16-21.pdf |
SFIN 3/24/2021 9:00:00 AM |
SB 56 |
| SB 56 RDC support.pdf |
SFIN 3/24/2021 9:00:00 AM |
SB 56 |
| SB 56 AMA comments.pdf |
SFIN 3/24/2021 9:00:00 AM |
SB 56 |