Legislature(2001 - 2002)

05/09/2002 09:37 AM Senate FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
     CS FOR HOUSE BILL NO. 53(STA)                                                                                              
     "An Act establishing the Alaska Seismic Hazards Safety                                                                     
     Commission."                                                                                                               
                                                                                                                                
                                                                                                                                
This  was the first  hearing  for this  bill in  the Senate  Finance                                                            
Committee.                                                                                                                      
                                                                                                                                
REPRESENTATIVE  JOHN  DAVIES,   the bill's   sponsor,  informed  the                                                            
Committee  that  this bill  would  establish  a  nine-member  Alaska                                                            
Seismology Safety Commission.                                                                                                   
                                                                                                                                
                                                                                                                                
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Representative  Davies continued that the purpose  of the Commission                                                            
would be  to identify and  mitigate earthquake  disasters.  He noted                                                            
that  the  State  has established  procedures   regarding  emergency                                                            
responses,  but  does not  have  established  procedures  on how  to                                                            
prepare  for and mitigate  disasters  before they  occur. He  stated                                                            
that this legislation  would address  such things as building  codes                                                            
and land use patterns.                                                                                                          
                                                                                                                                
Representative   Davies  qualified   that  these  plans   should  be                                                            
implemented gradually,  but systematically, as not  to incur general                                                            
public panic. He expressed  that while disasters such as earthquakes                                                            
have  huge   impacts;  their  infrequency   tends  to  make   people                                                            
complacent.  He  added  that because  most  earthquakes  are  minor,                                                            
people are  "misled" regarding the  potential severity. He  asserted                                                            
that building codes should  mandate that buildings be constructed to                                                            
withstand severe earthquakes,  as 80 percent of the loss of life and                                                            
damage resulting from an  earthquake occurs within the interior of a                                                            
building. He explained  that the Commission should be a component of                                                            
the Governor's  Office rather than  within a specific department  in                                                            
order  to provide  effective  coordination  between  affected  State                                                            
agencies.                                                                                                                       
                                                                                                                                
Representative  Davies noted that a $33,000 fiscal  note accompanies                                                            
this legislation  and that the Commission would be  required to meet                                                            
four times  a year.  He expressed  that Alaska  is the only  western                                                            
state  that  does  not  have  an  established  seismic  Commission,                                                             
although residents  of the State "live in earthquake  country and we                                                            
ought to be prepared."                                                                                                          
                                                                                                                                
Co-Chair Kelly asked the function of the State's seismologist.                                                                  
                                                                                                                                
Representative  Davies responded that  the State's seismologist  has                                                            
some authority to address  these issues; however, this position does                                                            
not have  the authority  to  coordinate procedures  between  various                                                            
departments.   He  explained  that  the  seismologist   could  offer                                                            
workshops,  but is  not in  a position  to coordinate  a  widespread                                                            
effort to address such things as upgrading building codes.                                                                      
                                                                                                                                
Co-Chair Kelly stated that  while it is possible to predict where an                                                            
earthquake  might occur, it is difficult  to predict when  one might                                                            
occur or its resulting  damage. He stated that being  prepared for a                                                            
disaster  would be the  prudent course of  action, especially  since                                                            
populated areas of the State could be affected.                                                                                 
                                                                                                                                
Representative  Davies asserted  that it is  important to  establish                                                            
this Commission  in  order to gather  new research  information.  He                                                            
stated   that   the  Municipality   of   Anchorage   is   conducting                                                            
"microzonation"  research that identifies  neighborhoods  within the                                                            
City that are  more prone to earthquake  activity, and he  continued                                                            
that this information  should be compiled  to determine appropriate                                                             
building  codes.   He  contended  that  when  confronted   with  the                                                            
possibility  of a  large loss  of life,  the tendency  is to  "over-                                                            
design." He stated  that it would be possible to identify  differing                                                            
building  codes for  different  areas,  which would  generate  sound                                                            
fiscal investments.  He asserted that  "the smarter we can  get, the                                                            
more efficient we can be in the whole process."                                                                                 
                                                                                                                                
Senator  Green asked  whether the  Commission  would concentrate  on                                                            
municipal  areas rather than  more remote  areas and/or areas  where                                                            
codes currently exist.                                                                                                          
                                                                                                                                
Representative  Davies   replied  that  the  tendency  would  be  to                                                            
concentrate on areas where structures exist.                                                                                    
                                                                                                                                
Senator  Green  questioned  whether  the  Commission  would  address                                                            
issues on a  statewide basis or would  concentrate on areas  such as                                                            
Anchorage and  Fairbanks where building  codes currently  exist. She                                                            
mentioned  that  the  Mat-Su  area   does  not  have  building  code                                                            
regulations.                                                                                                                    
                                                                                                                                
Representative  Davies clarified  that while  the City of  Fairbanks                                                            
has building  code  regulations, the  Fairbanks  North Star  Borough                                                            
does  not.  He furthered   that it  is  fairly  common  for  lending                                                            
institutions  to require  structures to  meet nationally  recognized                                                            
industry standards  before a loan  is granted, and he stressed  that                                                            
these codes should be continually  up-dated and appropriate for each                                                            
region.  He informed  the Committee  that a  recent national  coding                                                            
entity placed the communities  of Fairbanks, Ketchikan and Juneau in                                                            
the same category as Anchorage,  even thought it is less likely that                                                            
those  communities would  experience  earthquakes  the magnitude  of                                                            
those that Anchorage might  receive. He stated that if these codings                                                            
had  been accepted,  building  costs  would  have increased  in  the                                                            
affected  communities. He  exclaimed that  Alaska must be  proactive                                                            
rather than reactive in addressing the earthquake situation.                                                                    
                                                                                                                                
Senator  Austerman asked  whether  new building  codes would  affect                                                            
existing structures.                                                                                                            
                                                                                                                                
Representative  Davies replied that the Commission  could only issue                                                            
recommendations. He noted  that requiring existing buildings to meet                                                            
new codes  would  be "extremely  expensive;"  however, he  contended                                                            
that were  an existing  structure to undergo  major remodeling  then                                                            
implementation  of the  new building  codes should  be required.  He                                                            
announced  that there is  a safety concern  regarding many  existing                                                            
structures, including  a high school in the Kodiak  school district.                                                            
                                                                                                                                
Senator Austerman  agreed, but continued to voice  the concern about                                                            
imposing new codes upon existing structures.                                                                                    
                                                                                                                                
Representative  Davies  responded  that the  nine-member  Commission                                                            
would   be  comprised   of   engineers,  insurance   professionals,                                                             
earthquake  scientists,  and  other  individuals   from appropriate                                                             
fields  of expertise  who  would consider  the various  factors  and                                                            
manage the process  in the most cost effective manner  for the State                                                            
in those circumstances.                                                                                                         
                                                                                                                                
Co-Chair  Kelly clarified  that the language  in the bill  specifies                                                            
that the Commission  could primarily  "recommend" and would  have no                                                            
policing powers.                                                                                                                
                                                                                                                                
Senator Green  asked how the Commission would coordinate  activities                                                            
with the Department of Military and Veterans Affairs.                                                                           
                                                                                                                                
Representative Davies reiterated  that the State's disaster response                                                            
mechanism is  very effective and that  the Commission would  include                                                            
the Department of Military  and Veterans Affairs in its coordination                                                            
efforts. He stated  that a good working relationship  exists between                                                            
the State and  federal agencies regarding  response efforts,  and he                                                            
exclaimed that,  "Alaskans have a can-do spirit that  when something                                                            
happens we  tend to all  pull together."  He stressed that  Alaska's                                                            
response efforts  "are in pretty good  shape;" however, he  stressed                                                            
the  mitigation   efforts   are  lacking.   He  expressed   that  an                                                            
appropriate  mitigation   plan  would  have  a  positive  impact  on                                                            
response efforts.                                                                                                               
                                                                                                                                
Representative  Davies  continued   that while  emergency   response                                                            
personnel   currently   undertake   mitigation   efforts   such   as                                                            
establishing  evacuation  routes in  the event of  a tsunami,  these                                                            
efforts  are  limited.  He  reiterated  that  the  most significant                                                             
portion  of  the mitigation   effort would  be  the  development  of                                                            
building code models.                                                                                                           
                                                                                                                                
Senator Leman  stated that he is impressed  with the work  conducted                                                            
by   the  Municipality    of  Anchorage's   Geotechnical    Advisory                                                            
Commission. He asked whether  the proposed Commission would function                                                            
in a similar fashion but on a statewide basis.                                                                                  
                                                                                                                                
Representative Davies stated that is correct.                                                                                   
                                                                                                                                
Senator  Leman asked  how  the Commission  would  interact with  the                                                            
State Emergency Response Commission (SERC).                                                                                     
                                                                                                                                
Representative Davies anticipated  SERC would have representation on                                                            
the proposed  commission;  however,  he did not  anticipate,  "there                                                            
being much overlap" in the two Commissions' endeavors.                                                                          
                                                                                                                                
Senator Leman  stated that the nine-member Commission  appears to be                                                            
"light on the technical side of it" and "heavy on bureaucracy."                                                                 
                                                                                                                                
Representative  Davies  responded that  the intent  of limiting  the                                                            
Commission to  nine members was to prevent it from  being too large.                                                            
He  explained  that  in addition  to  the  designated  three  public                                                            
members,  technical expertise  would be further  available  from the                                                            
University of Alaska representative  who is also currently the State                                                            
Seismologist;    from   the   Department   of   Natural    Resources                                                            
representative   who  would  probably  have  expertise   in  seismic                                                            
hazards; and from  the Department of Military and  Veterans Affairs'                                                            
representative  who would  be qualified in  the earthquake  response                                                            
component.  He  asserted  that  the Departments   would be  able  to                                                            
provide technical expertise.                                                                                                    
                                                                                                                                
Senator Leman  asserted that the Governor  should appoint  qualified                                                            
technical experts to serve as Commission members.                                                                               
                                                                                                                                
Representative Davies agreed.                                                                                                   
                                                                                                                                
ROD COMBELLICK, Chief,  Engineering Geology Section, Alaska Division                                                            
of  Geological   &  Geophysical  Surveys,   Department  of   Natural                                                            
Resources,  testified  via teleconference  from  Fairbanks to  voice                                                            
that the  establishment of  this Commission  "has little to  do with                                                            
generating  State revenues,  but would  have everything  to do  with                                                            
preserving  State  resources."   He stated   that  the Commission's                                                             
recommendations  would  strengthen buildings  and  the State's  road                                                            
system and result in making  the State's "critical buildings safer."                                                            
He  asserted  that  these  recommendations   would  save  the  State                                                            
significant  money because  requiring higher  standards of  building                                                            
construction  to reduce  earthquake  vulnerability  would result  in                                                            
less damage in the event  of an actual earthquake. He noted that the                                                            
outcome  of similar  commissions  in other  states  has resulted  in                                                            
lowering earthquake damage  costs. He urged the Committee to support                                                            
this bill.                                                                                                                      
                                                                                                                                
MILT  WILTSE,  State Geologist  and  Director,  Alaska  Division  of                                                            
Geological & Geophysical  Surveys, Department of Natural  Resources,                                                            
testified  via  teleconference   from  Fairbanks  to  attest,  after                                                            
studying other  states' mitigation commissions, that  the subject of                                                            
earthquake mitigation is  complex in that it impacts a wide spectrum                                                            
of society including: infrastructure,  utilities, local governments,                                                            
and access  corridors.  He stated that  it is  important to  bring a                                                            
wide spectrum  of representatives together "to mitigate  the effects                                                            
that a very  large-scale earthquake"  could produce. He stated  that                                                            
the Division of Geological  & Geophysical Surveys (DGGS) has studied                                                            
this issue  for years and has determined  that the establishment  of                                                            
this sort of Commission would be very beneficial to the State.                                                                  
                                                                                                                                
GARY CARVER,  Geologist,  testified via  teleconference from  Kodiak                                                            
that his expertise  is in earthquakes and seismic  geology. He noted                                                            
his long-term  involvement  in earthquake studies  in the State  and                                                            
spoke of his experience  with the California Seismic  Commission. He                                                            
asserted that  the proposed Commission  could provide the  avenue to                                                            
consolidate  diverse  ideas  and opinions  and  provide  a  synopsis                                                            
addressing how  to reduce earthquake hazards. He noted  "that Alaska                                                            
is the most  seismically active State  in the Union," and  he warned                                                            
that  the State's  most  populous  areas  are located  in  extremely                                                            
hazardous  earthquake zones.  He stressed  that it  could be  just a                                                            
matter of  time before a  major earthquake  might impact the  State,                                                            
and  he avowed  that  mitigation  is  the key  to  offsetting  major                                                            
damage.  He noted  that the establishment  of  the Commission  could                                                            
relieve the burden placed  on small community governments to attempt                                                            
to develop  and implement local mitigation  plans. He asserted  that                                                            
the passage  of  this bill  would, "in  the long  run" save  Alaskan                                                            
lives and tax dollars,  as it would cost much less to recover from a                                                            
major earthquake were the  State prepared. He urged the Committee to                                                            
support this bill.                                                                                                              
                                                                                                                                
Senator Ward  offered a motion to  report "the committee  substitute                                                            
for House  Bill 53 State  Affairs out of  Committee with  individual                                                            
recommendations and accompanying fiscal notes."                                                                                 
                                                                                                                                
There being no objection,  CS HB 53(STA) was REPORTED from Committee                                                            
with a previous  fiscal note for $33,500  dated April 19,  2002 from                                                            
the Office of the Governor.                                                                                                     
                                                                                                                                
Senator Leman asked the length of terms for Commission members.                                                                 
                                                                                                                                
Representative  Davies  stated  that  Commission  members  would  be                                                            
appointed for three-year terms.                                                                                                 
                                                                                                                                
                                                                                                                                

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