Legislature(1999 - 2000)

03/22/1999 10:34 AM Senate FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
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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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