Legislature(1999 - 2000)
03/22/1999 10:34 AM Senate FIN
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
SENATE BILL NO. 101
"An Act amending the definition of 'disaster.'"
This was the third hearing for this bill.
Co-Chair John Torgerson brought the committee's attention
to a proposed committee substitute, Version "I", noting
that it added language to page 3 lines 19-21.
Senator Randy Phillips moved for adoption of CS SB 101
Version "I". Without objection, it was adopted.
Co-Chair John Torgerson said it was his intention to hear
testimony on the new version of the bill and then address
the proposed amendments.
GENERAL PHIL OATES, Commissioner, Department of Military
and Veterans Affairs, testified via teleconference from
Fort Richardson. He stated that the proposed legislation
relating to disasters and the disaster relief fund would
impact two of the most fundamental responsibilities of
government. First, was the requirement to provide rapid
response and assistance to disasters and secondly, to do so
in a fiscally responsible manner. His testimony was given
to help the committee establish the proper balance between
the two.
General Oats went through the bill by section. He noted he
was operating off of the version adopted the prior week
(Version "H").
He began with Section 2 saying that the proposed
legislation indicated that the Governor must submit finance
plans for disaster declarations in which he or she intended
to expend general funds. He had no objection to that change
noting that it was an administrative requirement that the
department could meet. Also under Section 2, existing
legislation dictated that a special session be convened
within five days unless the presiding officers of both the
House of Representatives and the Senate advised the
Governor in writing that a special session should not be
convened. The proposed legislation would not only direct
the Governor to convene a special session within five days
it also deleted the Governor's authority to act if the
session was not convened. General Oats had objections to
that provision. First, he noted the high costs to convene a
special session. Normally, the Legislature was not is
session when disasters occurred. He had reviewed the
Division of Emergency Services records and concluded that
an average of three special sessions per year would be
required under this provision. He also had objection to
the elimination of the Governor's ability to act by
legislative inaction. He felt that was not a good policy.
He thought the current law gave the Legislature more
flexibility and would still allow them to come together
when necessary. In fact, he noted it was the
responsibility of the Executive Branch to ensure that the
Legislature had prompt and continuing access to information
to determine whether a special session was necessary or
whether a disaster declaration should continue.
Section 3 in the proposed legislation limited the
Governor's authority to expend more than $1 million
nonspecific or $5 million for specific instances. He
defined nonspecific funds as those present in the disaster
relief fund. Specific instances he defined as those
contained in the list of disasters provided for in the
legislation after a presidential declaration. He felt those
amounts were too restrictive. Normally, the division would
be unable to obtain a presidential declaration for the $5
million. He stressed that the presidential declaration may
happen overnight, it usually took days or sometimes months
to get. He also opposed to the provision limiting flood
relief to once per community. He shared that nearly every
community in Alaska had flooded at least once. This would
also penalize communities that could not obtain flood
insurance. It could possibly eliminate federal
participation in future flooding events without the
Governor's ability to match federal funds. He added that
the Division of Emergency Services was currently requiring
flood insurance through the regulatory process.
Section 4 in existing legislation was sufficiently broad
enough to allow the Governor to declare and respond to
disasters caused by natural and manmade events, according
to General Oats. The proposed legislation would limit the
types of disasters to specific events identified in the
bill. He stressed that it was easy to define a disaster,
but difficult to make a list that delineated all the events
that would create a possible disaster. He gave examples not
included in the bill as drought, erosion, ice storms,
shipwrecks, aircraft crashes, train wrecks, prolonged
severe cold, water or solid contamination, human error, Y2K
failures and many others. He suggested following FEMA's
description of disasters and list "including" events of
certain types. He felt that would be more prudent than
limiting the disasters to specific events.
Co-Chair John Torgerson noted a proposed amendment that
changed the special session requirements. It would change
the provision to require a polling of the Legislature to
determine whether a special session would be convened for
each instance. He noted another proposed conceptual
amendment addressing floods that would allow a one-time $5
million coverage and another $1 million coverage be
provided without Legislative approval.
Senator Al Adams made another suggestion relating to the
declaration of disasters on page 4 line 11 to insert
"weather" between the words, "severe storms". This could
take into account some of events not yet covered.
Senator Lyda Green asked if the commissioner had a
definition for "emergency". General Oates suggested
following FEMA's definition for emergencies and disasters.
FEMA defined emergency as, "any occasion or instance for
which in the determination of the president, federal
assistance is needed to implement state and local efforts
and capabilities to save lives and protect property and
public health and safety or to lessen or avert the threat
of a catastrophe in any part of the United States." It also
when on to define major disaster and used the word
"including", which he felt was important because it was not
limiting language.
JOHN ALCANTRA, Emergency Management Coordinator, Kenai
Peninsula Borough, testified via teleconference from Kenai.
Prior to this position, he served as chief of staff on
previous two federal disaster declarations in Alaska: the
1995 SouthCentral Flood Disaster, and the 1996 Millers
Reach Fire. He shared General Oats' concerns with the bill
including the restriction of the one-time flood. He
proposed consulting with the State Emergency Response
Commission that would be meeting in Anchorage on April 14.
There was also a Local Emergency Planning Committee that
would be meeting the day before. He suggested the
Legislature work with the members of these organizations
who dealt with emergency management. He noted there were
paid staff and volunteers in many of the municipalities
throughout the state. He requested a member of the Senate
address the commission.
John Alcantra continued that he felt there was room for
improvement with the better administration of funds and
local government participation in the process.
He said issues of communities receiving flood assistance
too often could be addressed with regulatory changes easier
than in statutes.
He agreed with General Oates on Section 4 that the
definitions of disasters should be left open to allow
unforeseen events such as severe cold and Y2K failures.
Co-Chair John Torgerson announced that the committee would
try to address all the issues involved with this bill
before moving it from the committee. He stated that the
bill would not be held pending the aforementioned meetings.
He recommended the organizations submit recommendations to
the committee in writing.
BOB STEWART, Emergency Management Coordinator, Municipality
of Anchorage testified via teleconference from Anchorage.
He concurred with General Oats' comments as well. He
focused on Sections 3 and 4. He felt that by limiting the
funding for events related to floods, the wording itself
could be punitive to those communities that had floods or
would have floods under this provision unless funding for
mitigation was built in. He also wanted to know the
definition of "community". It was unclear to him since it
could refer to a portion of the municipality's
jurisdiction, or also refer to types of floods. He warned
that without clarification, the legislation would penalize
local governments for the twenty-five percent match that
they would ordinarily obtain from the state when there was
a federally declared disaster.
He next addressed Section 4 and echoed General Oats'
comments that when the events were listed in law,
invariably some events would be disregarded since all could
not be listed. However in the interest of moving the
legislation forward, he suggested adding "shelters" to the
language. In a Y2K environment, there could be shelter
problems that would require the declaration of a disaster
emergency. He also recommended that if the bill was going
to list qualified disasters, it include Y2K and aviation
disasters.
Co-Chair John Torgerson requested the testimony be
submitted to the committee in writing that day.
Co-Chair John Torgerson ordered the bill held in committee.
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