Legislature(2009 - 2010)CAPITOL 17
02/17/2009 01:00 PM House TRANSPORTATION
| Audio | Topic |
|---|---|
| Start | |
| HB114 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 114 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
HOUSE TRANSPORTATION STANDING COMMITTEE
February 17, 2009
1:10 p.m.
MEMBERS PRESENT
Representative Peggy Wilson, Chair
Representative Craig Johnson, Vice Chair
Representative Kyle Johansen
Representative Cathy Engstrom Munoz
Representative Mike Doogan
Representative Max Gruenberg
MEMBERS ABSENT
Representative John Harris
COMMITTEE CALENDAR
HOUSE BILL NO. 114
"An Act relating to availability of state transportation
facilities and state-owned or state-operated transportation
modes for delivering compassionate aid during a disaster
emergency."
- HEARD AND HELD; ASSIGNED TO SUBCOMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: HB 114
SHORT TITLE: USE STATE TRANS FACILITY FOR DISASTER AID
SPONSOR(s): REPRESENTATIVE(s) RAMRAS
02/04/09 (H) READ THE FIRST TIME - REFERRALS
02/04/09 (H) TRA, FIN
WITNESS REGISTER
REPRESENTATIVE JAY RAMRAS
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Testified and answered questions as prime
sponsor of HB 114.
DANA STROMMEN, Staff
Representative Jay Ramras
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Spoke as the prime sponsor of HB 114.
MCHUGH PIERRE, Director of Communications, Legislative Liaison
Office of the Commissioner
Department of Military & Veterans' Affairs (DMVA)
Ft. Richardson, Alaska
POSITION STATEMENT: Testified and answered questions during the
discussion of HB 114.
MIKE MITCHELL, Senior Assistant Attorney General
Civil Division, Labor and State Affairs Section - Anchorage
Department of Law (DOL)
Anchorage, Alaska
POSITION STATEMENT: Testified and answered questions during the
discussion of HB 114.
ACTION NARRATIVE
1:10:54 PM
CHAIR PEGGY WILSON called the House Transportation Standing
Committee meeting to order at 1:10 p.m. Representatives Doogan,
Johansen, Munoz, and Wilson were present at the call to order.
Representatives Gruenberg and Johnson arrived as the meeting was
in progress.
HB 114-USE STATE TRANS FACILITY FOR DISASTER AID
1:11:00 PM
CHAIR WILSON announced that the only order of business would be
HOUSE BILL NO. 114, "An Act relating to availability of state
transportation facilities and state-owned or state-operated
transportation modes for delivering compassionate aid during a
disaster emergency."
1:12:17 PM
REPRESENTATIVE JAY RAMRAS, Alaska State Legislature, prime
sponsor of HB 114, stated that he would be available to answer
questions, but his staff, Dana Strommen, will present the bill.
1:12:55 PM
DANA STROMMEN, Staff, Representative Jay Ramras, Alaska State
Legislature, testified on behalf of the prime sponsor,
Representative Ramras of HB 114. She explained the reason to
add "compassionate aid" by state-owned or state-operated
transportation modes during a disaster emergency. She related
that during the initial week of the legislative session, the
village of Emmonak circulated a plea for help since very high
food and fuel costs forced some to make a choice between
purchasing food and heating fuel. She offered that some
churches such as Zion Lutheran Church and other nonprofits
collected over 1,000 pounds of food for the village in Western
Alaska. However, an issue arose with transportation costs which
meant about 30 to 40 percent of the cash donations raised would
be needed to transport food to the village. She remarked that a
can of Crisco shortening cost $18 in the village. Ms. Strommen
reiterated that the organizations would have to sacrifice some
funds for transportation costs.
MS. STROMMEN received overwhelming support from an outpouring of
private donations and relief nationwide. Thus, Representative
Ramras spearheaded raising over 4,000 pounds for Kotlik, a
village northeast of Emmonak. Subsequently, donations have been
collected for 11 villages facing similar circumstances. These
villages are targeted since the tribal councils specifically
wrote to the Department of Commerce, Community, & Economic
Development (DCCED) to request recognition for an "economic
disaster" which is still pending. Currently, many private and
faith-based organizations in Fairbanks and Anchorage are working
to provide food for 11 villages. The purpose of HB 114 is to
allow the state to aid in transportation through agencies such
as the Department of Public Safety (DPS), which assisted in
transporting over 4,000 pounds of food to Kotlik in the past
several weeks.
MS. STROMMEN reiterated that this bill will allow nonprofit
organizations to donate the entire amount of the relief to those
who need it. This bill also addresses the issue of the
necessity for declaring a disaster, since many transportation
modes could be used to reach out a helping hand to make
donations during times of imminent economic disaster.
1:17:04 PM
REPRESENTATIVE JOHNSON recalled an article in an Anchorage paper
during the 1980s in which villagers could not hunt since the
caribou migration was significantly delayed. He further
recalled that the state flew in the meat. He inquired as to
whether this bill is needed or what has changed since 1980.
MS. STROMMEN responded that the DCCED sends people to assess
situations prior to declaring an economic disaster. This bill
could work in tandem with the DCCED to provide a means to
initially help people prior to the protocol steps being taken to
declare a disaster.
REPRESENTATIVE JOHNSON maintained his concern that the bill may
not be necessary since the state previously used Alaska State
Trooper aircraft to fly meat between villages.
1:19:09 PM
The committee took an at-ease from 1:19 p.m. to 1:20 p.m.
1:20:08 PM
REPRESENTATIVE RAMRAS answered that he cannot explain why the
state is not addressing the need in Western Alaska. He opined
that it troubles him deeply. He related that he and a member
from the other body flew to Western Alaska. He said, "It
saddens me greatly." He explained he has personally been
involved in anti-hunger relief in his community for 12 to 15
years, raising one million pounds of food for the Fairbanks
Community Food Bank.
REPRESENTATIVE RAMRAS related that he considers hunger as the
lowest common denominator next to personal safety. He related
that no one can afford to buy the food in the villages. He
opined that is the same reason that food banks are located in
urban areas. He related that the working poor, or in this
instance a large cross section of the community cannot afford to
purchase food. He remarked that a three pound can of Crisco,
which sells for $5 in Juneau sells for $9 in Nome and $18 in
rural Alaska. He stated that eggs cost $25 a dozen and other
staple items such as flour and milk are not affordable. He said
that this goes right to the dignity of people in rural Alaska.
He questioned how strong our society is if rural Alaskans are
not treated with the same measure of dignity that is afforded in
our urban districts.
1:22:33 PM
REPRESENTATIVE JOHNSON applauded the work that Representative
Ramras has done to address hunger. He inquired as to whether he
could explain what has changed in the past 20 years.
REPRESENTATIVE RAMRAS related his understanding that the
legislature tightened up the parameters for declaring disasters.
He recalled that the parameter for declaring a disaster is
currently related to the federal level of income, which was set
at $24,000. He indicated that the average per capita income in
Western Alaska is $35,000 per person. However, he emphasized
that when a household is paying $600 for electricity, with
heating costs for a 1,000 square foot home in excess of $1,000
per month, but sell salmon to generate income, that it is
difficult to survive. He said, "It's hard out there." He
related that Lynden, Alaska Airlines, and DPS collectively
transported 4,465 pounds of food from Fairbanks grocery stores
to Kotlik. He mentioned that of 30 members who greeted
Representative Ramras and their senator during a recent visit,
that everyone acknowledged that they received the food. He
said, "It was humbling."
1:25:12 PM
REPRESENTATIVE JOHANSEN referred to the bill title which
includes the language, "during a disaster emergency." He
inquired as to whether the governor has declared this a disaster
emergency.
REPRESENTATIVE RAMRAS answered no, that the governor has not
declared the area a disaster.
1:26:10 PM
REPRESENTATIVE JOHANSEN also commended Representative Ramras's
work to provide food for the hungry. He referred to on page 2,
paragraph (12), to the new language in the bill. He inquired as
to whether the new language in the bill is still not available
if an emergency is not declared by the governor.
REPRESENTATIVE RAMRAS said that raises an excellent issue and
stated that his goal was to provide a lesser remedy that does
not "waterfall cash assets into a community" but instead
triggers assets of state transportation. He indicated that
without the new provision to AS 26.23.020 (12), that the only
remedy left to the governor is to provide a half a million
dollars of economic aid into a community. He reiterated his
goal was to provide a lesser degree of aid to communities that
would not require that a disaster be declared.
1:27:45 PM
CHAIR WILSON advised that Mr. Mitchell from the Department of
Law is available on line.
1:27:55 PM
REPRESENTATIVE JOHANSEN referred to page 1, lines 13-14, which
states a governor may use all available resources of the state
government, which he said he assumed includes state
transportation. He acknowledged the high cost of
transportation, but inquired as to whether augmenting funds, is
redundant.
REPRESENTATIVE RAMRAS offered his belief that a declaration
could have been declared. However, this bill would address a
narrower provision of AS 26.23.020, to allow a governor to call
for a declaration of disaster.
1:29:36 PM
REPRESENTATIVE DOOGAN related his understanding the reason for
zero fiscal note is that emergency funds could be used.
MCHUGH PIERRE, Director of Communications; Legislative Liaison,
Office of the Commissioner, Department of Military & Veterans'
Affairs (DMVA), answered that the language gives the DMVA an
emphasis and direction on how to proceed when the department
responds to emergencies. He explained that the change would not
impact the DMVA's operating budget. He offered that the
Disaster Relief Fund is funded by the legislature. When the
fund reaches a certain threshold cost, which he said he believes
is between $500,000 and $1 million, depending on the situation,
the DMVA requests additional funds to accomplish the mission and
rescue Alaskans. He referred to page 1, lines 13-14, which
reads "use all available resources ..." is encompassed in the
Disaster Relief Fund.
1:31:46 PM
MR. PIERRE, in response to Representative Johnson, answered that
a disaster declaration does trigger and mobilize the Alaska
National Guard, which is a component of the U.S. National Guard.
Thus, the assets used are not state assets, but federal assets.
Until a disaster is declared, the DMVA cannot use material,
training, and manpower unless it reimburses the federal
government. Once a disaster is declared, those resources are
available, he stated.
1:32:44 PM
REPRESENTATIVE GRUENBERG referred to AS 26.23.020, and related
his understanding that normally, the governor must declare a
disaster, which is defined in AS 26.23.900(2), as basically
natural disasters, but would not include economic disaster,
which is specifically not included. He indicated that AS
26.23.020 (h) uses the term "incident" instead of disaster.
However, he said the term "incident" is not defined. He pointed
out that some members have questions whether the bill is
necessary since it may have been solved in practice in 1980 or
may be covered. He opined that the term "economic emergency" is
not mentioned. He surmised that defining "incident" could
include a reference to economic emergencies.
MR. PIERRE responded by initially confirming that the DMVA and
the administration support HB 114. He related that the
administration views the bill as an opportunity to add statutory
references that could help people in times of emergency other
than "throwing money at it" or using only state assets for
relief. He stated that people in the community are willing to
provide assistance to others during an emergency. He offered
support for the language in the bill and the sponsor's efforts.
1:36:48 PM
MIKE MITCHELL, Senior Assistant Attorney General, Civil
Division, Labor and State Affairs Section - Anchorage,
Department of Law (DOL), explained that he represents the DMVA
during disasters and that he has held his position since mid-
2000. He pointed out the way the bill is written is that it
would add to the list of extraordinary gubernatorial powers that
apply in the event of a declared disaster. He reviewed several
powers, including that it would allow the governor to use
private property. He offered his belief that the power is
probably subsumed in existing subsection (g) paragraph (2) which
allows the governor to use all available resources in the event
of a declared disaster.
MR. MITCHELL said that he agrees with prior speakers, that this
applies only in the event of a declared disaster. He indicated
that the problem with the Emmonak situation is that a purely
economic disaster does not meet the definition of disaster in AS
26.23.900. He remarked that he has recently reviewed the
legislative history of changes to that definition in 1999 and
2000. He opined that the legislature provided a clear
legislative history that the legislature intended to restrict
the governor's powers to use extraordinary disaster powers and
funding in the event of a purely economic disaster. That led to
changes in the definition which resulted in the list of specific
incidents in which a disaster declaration can be issued. He
reiterated that the definition creates the limitation that has
arisen with respect to a response in Western Alaska. He offered
his belief that adding paragraph (12) to the list would not give
governor authority to utilize the transportation resources
unless a disaster can be declared under AS 26.23.900.
1:40:05 PM
CHAIR WILSON recalled the City and Borough of Juneau (CBJ) had
an energy crisis and that the CBJ Mayor asked to have a disaster
declared. She further recalled that did not happen. She
inquired as to whether the decision was based on economics or
for another reason.
MR. MITCHELL said he did not know. He related that the problem
was due to an avalanche, which is within the list that could be
used to declare a disaster.
1:41:22 PM
REPRESENTATIVE GRUENBERG related his understanding that Alaska
could benefit with the ability to declare an economic emergency.
He inquired as to whether language should be added to define
economic emergency.
MR. MITCHELL agreed that he would be available to assist the
Legislative Council, since that committee was involved in the
1999 and 2000 changes.
REPRESENTATIVE GRUENBERG offered his services to assist in
drafting a definition, if the committee agreed that it would be
useful to add a definition. He opined that several
circumstances and communities that could have benefitted from a
definition, such as last year's avalanche in Juneau.
1:43:26 PM
REPRESENTATIVE JOHANSEN pointed out that he is a cosponsor of
the bill. He inquired as to whether the prime sponsor is
interested in adding a definition to the bill.
REPRESENTATIVE RAMRAS agreed that it would be an enhancement to
the HB 114 to include a definition for "incident" which he said
he believes will addresses a weakness in the bill. He further
noted that doing so could create a wedge without "water falling"
cash into communities. He reiterated the bill's purpose, which
is to enhance the ability of nonprofits and individuals
statewide to assist communities without incurring the high cost
of transportation. He related that in 1980, a mechanism was
triggered that helped the villagers in rural Alaska. He
indicated that three departments, DPS, DCCED, and MVA could only
detail future lists, but could not provide acute relief to the
"hungry people" in 11 communities. He emphasized his
frustration and promised to articulate this appropriately.
1:46:01 PM
REPRESENTATIVE JOHANSEN inquired as to whether Representative
Ramras would work on this matter in a non-partisan effort.
REPRESENTATIVE DOOGAN inquired as to whether the drafters could
consider changes that would shorten the bill and not necessitate
listing the detail.
REPRESENTATIVE GRUENBERG suggested that they could confer on the
matter.
1:48:17 PM
REPRESENTATIVE JOHNSON inquired as to whether a condition exists
that would allow funds to be used for transportation without the
governor issuing a declaration of emergency. He summarized his
goal would be to provide transportation solutions but not to use
any other state expenditures.
1:49:17 PM
REPRESENTATIVE GRUENBERG inquired as to whether making
transportation funding available to nonprofits would increase
the state's potential for liability, relating that his goal
would be to provide assistance but not increase the state's
exposure.
MR. MITCHELL agreed that could be a definite concern. He
suggested the committee could work with the Torts and Workers'
Compensation Section to consider any liability.
REPRESENTATIVE DOOGAN recalled that unless a disaster is
declared that Alaska National Guard funding cannot be used. He
offered his belief that transportation would be limited to state
aircraft such as the AST aircraft.
MR. PIERRE agreed. He indicated that the DMVA is bound by
federal and state law to use Alaska National Guard assets only
once a disaster has been declared. However, he noted that other
equipment is available such as Department of Transportation &
Public Facilities (DOT&PF), and AST ranging from boats to
airplanes.
MR. PIERRE, in response to Representative Johnson, explained
that the ANGDA Operation Santa Claus is a federally sanctioned
mission through the U.S. Department of Defense. He offered that
the operation is a goodwill mission to villages, which he said
is also used as a recruiting tool.
1:53:10 PM
REPRESENTATIVE JOHNSON expressed concern and his belief that it
is difficult to justify that Operation Santa Claus is elevated
above hunger. He said he appreciated that the program is
nationally sanctioned and acknowledged his participation by
wrapping gifts and obtaining donations.
MR. PIERRE said he did not agree that the operation "trumps
hunger" but reiterated that due to state and federal law, the
DMVA is prohibited from using equipment unless a disaster
declaration has been signed.
1:55:26 PM
MR. MITCHELL, in response to Chair Wilson, responded that it
would not necessarily have an effect on federal law, with
respect to the Alaska National Guard assets. He explained that
he is researching at the federal level whether ANGDA assets can
be used for an "incident", in instances in which a governor
issued a proclamation for something less than declaring a
disaster. He said, "The long and short is that what the state
can do within its constitutional powers cannot trump federal
law."
1:56:39 PM
CHAIR WILSON clarified that she was speaking to the many planes
throughout the state that would be available.
MR. MITCHELL agreed that it would be within the governor's
authority to use state assets in an emergency, provided that
sufficient statutory authority exists. He opined that AS 26.23
needs to be reviewed to determine if sufficient authority
exists.
CHAIR WILSON inquired as to whether the governor currently has
that power.
MR. MITCHELL agreed that the governor has the authority but only
during a declared disaster.
CHAIR WILSON emphasized that the committee will need Mr.
Mitchell's assistance to ensure that that the bill is
appropriately crafted to comply with the state and federal
constitutions.
MR. MITCHELL agreed he could assist. However, he opined that
the authority does not exist under current law short of a
declared disaster.
1:58:07 PM
CHAIR WILSON recalled that the economic disaster in the 1980s
happened since the caribou not yet migrated. She inquired as to
whether the villagers could hunt.
REPRESENTATIVE RAMRAS described the situation in the 11 Western
Alaska villages. He indicated that the fish runs were not
satisfactory. He explained that he held discussions with an
elder from the community of Unalukleet who suggested that the
problem stems from a narrowing of fish run from 120,000 to
20,000 during the past decade. He emphasized that in the past,
the state responded and people found a way to obtain
transportation resources. He offered his frustration stems from
the compilation of lists and inventories instead of addressing
the acute need. He said, "We seem to be bound by a larger
bureaucratic Gordian knot." He opined he is trying to unravel
the knot, but that Alaska is now part of a global village. He
observed that people might be sick but wait until they need to
emergency airlifts simply because people cannot afford
preventative health care services. He further emphasized that
fuel cost $10 per gallon. He related a scenario during which
residents of Kotlik could not afford to travel to a potlatch
held in Emmonak, 30 air miles away, but is 60 to 70 miles along
a winding river. Thus, it could cost $60 to $70 to visit. He
recalled a recent editorial that discusses these cultures have
survived 10,000 years, yet are currently undergoing
difficulties.
2:02:56 PM
CHAIR WILSON assigned HB 114 to a subcommittee consisting of
Representatives Munoz, chair, Gruenberg, and Johnson. She
recapped that the subcommittee would work with Mr. Marsh, and
will report back to the committee.
2:04:09 PM
ADJOURNMENT
There being no further business before the committee, the House
Transportation Standing Committee meeting was adjourned at 2:04
p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB114-DMVA-HSEM-2-17-09.pdf |
HTRA 2/17/2009 1:00:00 PM |
HB 114 |