Legislature(1993 - 1994)

04/20/1994 08:40 AM House FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
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  SB 33 "An Act relating to grants for local emergency                         
  planning                  committees and emergency response                  
  organizations; and providing          for an effective                       
  date."                                                                       
                                                                               
         HCS CSSB 33 (FIN) was reported out of committee with                  
  "no               recommendation" and with three fiscal                      
  impact notes, two by the          Department of                              
  Environmental Conservation and one by the                                    
  Department of Military and Veterans Affairs.                                 
                                                                               
  SENATE BILL NO. 33                                                           
                                                                               
  "An Act relating to grants for local emergency planning                      
  committees and emergency response organizations; and                         
  providing for an effective date."                                            
                                                                               
  Representative Brown questioned whether the bill had                         
  sufficient public notice.                                                    
                                                                               
  Co-Chair MacLean referred to comments by the Regional                        
  Citizens' Advisory Council (RCAC).                                           
                                                                               
  ANNETTE KREITZER, STAFF, SENATOR LEMAN maintained that the                   
  concerns of the RCAC have been addressed in SB 33. She                       
  observed that the provision for unannounced oil spill drills                 
  is still in the legislation.                                                 
                                                                               
  In response to a question by Co-Chair MacLean, Ms. Kreitzer                  
  noted that page 17, lines 7 - 8 allows the Department of                     
  Environmental Conservation, under AS 46.04.090, to set up                    
  oil and hazardous substance depots. She concluded that                       
  expenses incurred under AS 46.04.090 could be funded from                    
  the 470 Fund.                                                                
                                                                               
  Ms. Kreitzer noted that members were provided with a                         
                                                                               
                                                                               
  proposed committee substitute, work draft 8-LS0324\M, dated                  
  4/18/94                                                                      
  (copy on file). She detailed changes made by the committee                   
  substitute:                                                                  
                                                                               
  * "may" replaced "shall" on page 4, lines 4 and 11; "and                     
  staffed" was deleted after "depots shall be equipped", on                    
  page 4, line 14;                                                             
                                                                               
  * "identified in the local plans" was added on page 3, line                  
  23;                                                                          
                                                                               
  * Section 19 (2)(a) was reinstated on page 14;                               
                                                                               
  * "who, in the opinion of the governor," was added on page                   
  6, line 24;                                                                  
                                                                               
  * Representatives of the U.S. Department of Defense, Alaska                  
  Command, the Federal Emergency Management Agency, the United                 
  States Environmental Protection Agency, and the United                       
  States Coast Guard as exofficio, non voting members of the                   
  Commission;                                                                  
                                                                               
  * The transition provision on page 19 was amended to clarify                 
  that the membership would change with the effective date of                  
  the committee substitute;                                                    
                                                                               
  * A new section was added on page 5, line 26 through 30, to                  
  clarify that a political subdivision is not empowered "to                    
  perform responsibilities that it is not otherwise empowered                  
  to perform."                                                                 
                                                                               
  Co-Chair MacLean asked for further information regarding the                 
  fiscal notes.                                                                
                                                                               
  Representative Therriault discussed the three proposed                       
  fiscal notes. He noted that funding is being shifted from                    
  the Department of Environmental Conservation, Spill                          
  Prevention and Response component to the Information and                     
  Administrative Services component. In addition, the                          
  Department of Environmental Conservation, Information and                    
  Administrative Services is receiving $300.0 thousand dollars                 
  from the 470 Fund. He noted that the Department requested                    
  $111.8 thousand dollars in increased general fund dollars to                 
  pay for the administrative cost of the program. The request                  
  was refused. He stressed that the Department will have to                    
  decide if they wish to use increased 470 Fund money for                      
  administration or increased grants. Funding for the                          
  Department of Military and Veterans Affairs will be through                  
  a RSA from the Department of Environmental Conservation,                     
  Information and Administrative Services.                                     
                                                                               
  BOB POE, DIRECTOR, DIVISION OF INFORMATION AND                               
  ADMINISTRATIVE SERVICES, DEPARTMENT OF ENVIRONMENTAL                         
  CONSERVATION agreed that                                                     
  the Response Fund Administration component will be                           
  responsible for the RSA's. He noted that there will be an                    
                                                                               
                                                                               
  increase in the RSA amount. He clarified that $646.7                         
  thousand dollars will be transferred to the Department of                    
  Military and Veterans Affairs through the Department of                      
  Environmental Conservation.                                                  
                                                                               
  JEFF MORRISON, DIRECTOR, ADMINISTRATIVE SERVICES, DEPARTMENT                 
  OF MILITARY AND VETERANS' AFFAIRS explained the Department                   
  of Military and Veterans' Affairs fiscal note. He clarified                  
  that funding identified in FY 95 continues as part of the                    
  base. He noted that funding would change in FY 2000 to                       
  reflect a reduction of $111.8 thousand dollars.                              
                                                                               
  Representative Martin MOVED to ADOPT work draft 8-LS0324\M,                  
  dated 4/18/94. There being NO OBJECTION, it was so ordered.                  
                                                                               
  Representative Therriault provided members with AMENDMENT 1                  
  (copy on file). Representative Therriault MOVED to ADOPT                     
  AMENDMENT 1. He explained that Amendment 1 would delete                      
  "and" to allow the Department of Military and Veterans'                      
  Affairs to receive funding through the Department of                         
  Environmental Conservation for the cost of preparing or                      
  responding to requests. There being NO OBJECTION, it was so                  
  ordered.                                                                     
                                                                               
  Representative Brown provided members with AMENDMENT 2 (copy                 
  on file). She explained that the amendment would insert "and                 
  all emergency plans prepared by state agencies under other                   
  authorities." She noted that plans in the Department of                      
  Natural Resources would be included by the amendment.                        
                                                                               
  Ms. Kreitzer suggested that the amendment is unnecessary.                    
  She referred to language on page 7, line 13.                                 
                                                                               
  MIKE CONWAY, DIRECTOR, DIVISION OF SPILL PREVENTION AND                      
  RESPONSE spoke in support of Amendment 2. He noted that a                    
  disaster could require that issues not in the Division's                     
  program be addressed.                                                        
                                                                               
  Representative Hanley noted that Amendment 2 would expand                    
  the scope of the Division's review. Ms. Kreitzer stressed                    
  that implementation of page 7, line 13 is not restricted to                  
  AS 46. She noted that the Division would have to prioritize                  
  its resources.                                                               
                                                                               
  Co-Chair MacLean suggested that "prepared by state agencies                  
  under other authority" be inserted after "plans" on page 7,                  
  line 14. Representative Brown spoke in support of Amendmet                   
  2. She discussed funding from the 470 Fund. She noted that                   
  areas outside of the scope of the 470 fund would be                          
  involved. She emphasized that there is enough demand for                     
  funding of activities within the scope of the Fund for her                   
  to be comfortable with the fiscal notes as presented. Mr.                    
  Conway                                                                       
  expressed support for Co-Chair MacLean's suggestion. He                      
  clarified that federal plans would not be effected by the                    
  amendment.                                                                   
                                                                               
                                                                               
  Co-Chair MacLean MOVED to AMEND Amendment 2 to insert                        
  "prepared by state agencies under other authority" after                     
  "plans" on page 7, line 14 and on page 12, line 16. There                    
  being NO OBJECTION, it was so ordered.                                       
                                                                               
  Representative Brown MOVED to ADOPT AMENDMENT 2 as amended.                  
  Representative Martin OBJECTED. A roll call vote was taken                   
  on the motion.                                                               
                                                                               
  IN FAVOR: Hanley, Navarre, Therriault, Brown, Larson,                        
  MacLean                                                                      
  OPPOSED: Martin, Parnell, Foster                                             
                                                                               
  Representatives Hoffman and Grussendorf were not present for                 
  the vote.                                                                    
                                                                               
  The MOTION PASSED (6-3).                                                     
                                                                               
  Co-Chair MacLean MOVED to report HCS CSSB 33 (FIN) out of                    
  Committee with individual recommendations and with the                       
  accompanying fiscal notes. There being NO OBJECTION, it was                  
  so ordered.                                                                  
                                                                               
  HCS CSSB 33 (FIN) was reported out of committee with "no                     
  recommendation" and with three fiscal impact notes, two by                   
  the Department of Environmental Conservation and one by the                  
  Department of Military and Veterans Affairs.                                 

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