03/06/2012 09:00 AM Senate STATE AFFAIRS

             SB 208-DISASTER PLANNING AND SERVICES                                                                          
                                                                                                                              
10:17:06 AM                                                                                                                   
CHAIR  WIELECHOWSKI   announced  that  SB  208   was  before  the                                                               
committee. SB  208 creates a  framework to  facilitate intrastate                                                               
coordination during  a declared state  of emergency. It  is based                                                               
on  model   legislation  developed  by  the   National  Emergency                                                               
Management   Association  (NEMA)   and   the  Federal   Emergency                                                               
Management  Agency (FEMA),  along  with other  parties. It  would                                                               
allow the state  to create a comprehensive,  integrated system of                                                               
mutual  aid  at  various  levels   of  government  to  ensure  an                                                               
efficient and effective response to disasters.                                                                                  
                                                                                                                                
SENATOR PASKVAN  moved to adopt  the CS  for SB 208,  labeled 27-                                                               
LS0611\B, as the working document.                                                                                              
                                                                                                                                
CHAIR WIELECHOWSKI objected for discussion purposes.                                                                            
                                                                                                                                
SENATOR PASKVAN, sponsor of SB  208, introduced the bill. He read                                                               
from the following sponsor statement:                                                                                           
                                                                                                                                
     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.                                                                    
     The  Alaska Fire  Chiefs  Association, Fairbanks  North                                                                    
     Star Borough,  and Alaska Municipal League  worked with                                                                    
     the State of Alaska's  Division of Emergency Management                                                                    
     over   the  past   year  to   transform  NEMA's   model                                                                    
     legislation into  a form that would  be most beneficial                                                                    
     to  the  specific needs  of  Alaska.  Senate Bill  208,                                                                    
     relating  to disaster  planning  and  services, is  the                                                                    
     result of  this cooperation. It  is on behalf  of these                                                                    
     aforementioned   groups  that   I   am  bringing   this                                                                    
     legislation forward for your consideration.                                                                                
                                                                                                                                
     The  Alaska Intrastate  Mutual Aid  System, established                                                                    
     by  SB 208,  is essential  in  that it  will provide  a                                                                    
     statewide  framework for  mutual  assistance among  the                                                                    
     participating political subdivisions  in the prevention                                                                    
     of, response  to, and recovery  from any  disaster that                                                                    
     results  in  a  formal declaration  of  local  disaster                                                                    
     emergency.   "Political   subdivision"  means   (A)   a                                                                    
     municipality;  (B) an  unincorporated  village; or  (C)                                                                    
     another  unit  of  local  government  according  to  AS                                                                    
     26.23.907.                                                                                                                 
                                                                                                                                
     Through SB  208, the Division of  Homeland Security and                                                                    
     Emergency  Management will  be tasked  with playing  an                                                                    
     integral   part   in    developing   and   implementing                                                                    
     guidelines  and procedures  for  the Alaska  Intrastate                                                                    
     Mutual  Aid   System.    The  Alaska   State  Emergency                                                                    
     Response Commission, created  under the Alaska Disaster                                                                    
     Act,    will    facilitate    the    preparation    and                                                                    
     implementation   of  and   provide   review  and   make                                                                    
     recommendations about the mutual aid system.                                                                               
                                                                                                                                
     The  provisions of  the  Alaska  Intrastate Mutual  Aid                                                                    
     System were  developed with  the goal  of supplementing                                                                    
     existing regional  or local agreements  by establishing                                                                    
     a comprehensive,  integrated system of mutual  aid at a                                                                    
     statewide  level  that  will ensure  an  efficient  and                                                                    
     effective  response  to   all  hazards  and  disasters.                                                                    
     Though  mutual aid  agreements between  two neighboring                                                                    
     political   subdivisions   is  somewhat   common,   aid                                                                    
     agreements   may   not    necessarily   exist   between                                                                    
     subdivisions  that do  not have  a  history of  sharing                                                                    
     emergency assistance.   However, this system  would not                                                                    
     prevent  participating  entities   from  entering  into                                                                    
     supplementary    agreements   with    other   political                                                                    
     subdivisions or  impact existing or  future agreements.                                                                    
     An  instance in  recent history  that demonstrates  the                                                                    
     need for an  intrastate mutual aid system  was the 2009                                                                    
     flooding in  Eagle and other  villages along  the Yukon                                                                    
     River. The  Fairbanks North Star  Borough did  not have                                                                    
     an  existing mutual  aid  agreement  with Eagle,  which                                                                    
     resulted  in barriers  to providing  timely aid  due to                                                                    
     concerns  about workers'  compensation, liability,  and                                                                    
     reimbursement for  aid. SB  208 would  act as  a safety                                                                    
     net in  similar situations where  aid is needed  but no                                                                    
     mutual aid agreement currently exists.                                                                                     
                                                                                                                                
     Through  SB 208,  the Alaska  Mutual  Aid System  would                                                                    
     automatically  include all  political subdivisions.   A                                                                    
     political   subdivision  may   elect  to   withdraw  by                                                                    
     enacting a  resolution through its governing  body. The                                                                    
     system further allows that  a participating entity will                                                                    
     have sole discretion to  withhold or withdraw requested                                                                    
     assistance   to  provide   reasonable  protection   and                                                                    
     services  within  its  own  territorial  limits.  Other                                                                    
     details  in  the  Alaska   Mutual  Aid  System  include                                                                    
     guidelines  for  requesting   aid;  what  assistance  a                                                                    
     participating  member may  request; qualifications  and                                                                    
     employment   of,   and   workers'   compensation   for,                                                                    
     emergency responders; reimbursement  procedures for aid                                                                    
     provided by  participating political  subdivisions; and                                                                    
     definitions.                                                                                                               
                                                                                                                                
     The  dedicated 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. By  providing  the  structure for  a                                                                    
     statewide  mutual   aid  system,  the   requesting  and                                                                    
     responding entities  could be  assured of  an efficient                                                                    
     and effective response to hazards and disasters.                                                                           
                                                                                                                                
10:24:58 AM                                                                                                                   
CHAIR WIELECHOWSKI opened public testimony                                                                                      
                                                                                                                                
DAVID  GIBBS,  Director,   Department  of  Emergency  Operations,                                                               
Fairbanks North Star Borough, testified  in support of SB 208. He                                                               
said  he  believes  that  no single  Alaskan  community  has  the                                                               
capacity  to  handle all  catastrophic  events  that might  occur                                                               
within  their  boundaries. He  gave  examples  of disasters  that                                                               
would  necessitate  the flow  of  resources  and assistance  from                                                               
communities throughout  Alaska. He gave another  example of when,                                                               
in 2009,  there was flooding  on the Yukon River  and cooperation                                                               
between communities was vital and  complicated. The provisions in                                                               
the bill  do not replace mutual  aid already in place.  He agreed                                                               
that the  system created in SB  208 would help to  facilitate the                                                               
ability of  Alaskan communities to  help each other  during their                                                               
time of greatest need.                                                                                                          
                                                                                                                                
10:28:22 AM                                                                                                                   
JEFF TUCKER,  Fire Chief, North  Star Volunteer  Fire Department,                                                               
Member,  Alaska Fire  Chief's  Association  (AFCA), testified  in                                                               
support of  SB 208. He said  AFCA has been involved  for the last                                                               
two years  in helping to develop  a mutual aid system  for Alaska                                                               
and  was  the  recipient  of  a  grant  allowing  them  to  track                                                               
resources in  the event that  a statewide system  is established.                                                               
Alaska  is currently  one of  only  four states  without such  as                                                               
system.  He  said  the  bill   provides  a  needed  framework  to                                                               
establish  a   mutual  aid  system  and   addresses  key  issues,                                                               
including liability and compensation,  currently not addressed in                                                               
statute.                                                                                                                        
                                                                                                                                
CHAIR WIELECHOWSKI held SB 208 in committee.