Legislature(1993 - 1994)

01/19/1994 09:04 AM Senate STA

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
                 SENATE STATE AFFAIRS COMMITTEE                                
                        January 19, 1994                                       
                           9:04 a.m.                                           
                                                                               
  MEMBERS PRESENT                                                              
                                                                               
  Senator Loren Leman, Chair                                                   
 Senator Mike Miller, Vice Chair                                               
 Senator Robin Taylor                                                          
 Senator Johnny Ellis                                                          
                                                                               
  MEMBERS ABSENT                                                               
                                                                               
 Senator Jim Duncan                                                            
                                                                               
  COMMITTEE CALENDAR                                                           
                                                                               
 CS FOR SENATE BILL NO. 33 (CRA)                                               
 "An Act relating to grants for local emergency planning committees            
 and emergency response organizations; and providing for an                    
 effective date."                                                              
                                                                               
  PREVIOUS SENATE COMMITTEE ACTION                                             
                                                                               
  SB 33 - See Community & Regional Affairs minutes dated                       
     2/23/93 and State Affairs minutes dated 3/3/93,                           
         3/31/93, 11/29/93.                                                    
                                                                               
  WITNESS REGISTER                                                             
                                                                               
 Annette E. Kreitzer, staff to Senator Leman                                   
 State Capitol, Juneau, Alaska 99811-1182¶465-2095                             
  POSITION STATEMENT:  prime sponsor of SB 33                                  
                                                                               
 Lynn Kent, Program Manager, Government Preparedness & Response                
 Program, Department of Environmental Conservation                             
 410 Willoughby Ave., Juneau, AK 99801¶465-5220                                
    POSITION STATEMENT:  in favor of SB 33                                     
                                                                               
 Mike Conway, Director, Div. of Spill Prevention & Response,                   
 Department of Environmental Conservation                                      
 410 Willoughby Ave., Juneau, AK 99801¶465-5250                                
    POSITION STATEMENT:  in favor of SB 33                                     
                                                                               
 Pete Wuerpel, Div. of Emergency Services, Department of Military &            
 Veteran's Affairs                                                             
 P.O. Box 5750, Fort Richardson, AK 99505-0750¶428-7000                        
  POSITION STATEMENT:  in favor of SB 33                                       
                                                                               
 Ervin Paul Martin, Div. of Emergency Services, Department of                  
 Military & Veteran's Affairs                                                  
 P.O. Box 5750, Fort Richardson, AK 99505-0750¶428-7000                        
  POSITION STATEMENT:  in favor of SB 33                                       
                                                                               
 Dr. Ernest Meloche, Chairperson, Ketchikan LEPC                               
 P.O. Box 6058, Ketchikan, AK 99901¶247-6058                                   
  POSITION STATEMENT:  in favor of SB 33                                       
                                                                               
 Rocky Ansell, Information Officer, Copper Center LEPC; Fire Chief,            
 Glennallen & Copper Center Fire Departments                                   
 Box 217, Copper Center, AK 99573¶822-5361                                     
  POSITION STATEMENT:  in favor of SB 33                                       
                                                                               
 Bob Spencer, Fairbanks LEPC                                                   
 4810 Glasgow Dr., Fairbanks, AK 99709¶474-5617                                
  POSITION STATEMENT:  in favor of SB 33                                       
                                                                               
 Mike Oden, Chairperson, Fairbanks LEPC                                        
 P.O. Box 84747, Fairbanks, AK 99709¶474-5497                                  
  POSITION STATEMENT:  in favor of SB 33                                       
                                                                               
 Randy McGovern, Fairbanks LEPC                                                
 1611 Carr St., Fairbanks, AK 99709¶451-0124                                   
  POSITION STATEMENT:  in favor of SB 33                                       
                                                                               
 James Studley, Northern Southeast LEPC                                        
 Box 946, Haines, AK 99827                                                     
  POSITION STATEMENT:  in favor of SB 33                                       
                                                                               
  ACTION NARRATIVE                                                             
                                                                               
 TAPE 94-1, SIDE A                                                             
 Number 001                                                                    
                                                                               
 CHAIRMAN LEMAN calls the Senate State Affairs Committee to order at           
 9:04 a.m.                                                                     
                                                                               
 Number 006                                                                    
 CHAIRMAN LEMAN brings up  SB 33  (GRANTS FOR LOCAL EMERGENCY                  
 PLANNING), the only order of business before the committee today.             
                                                                               
 Number 028                                                                    
                                                                               
 CHAIRMAN LEMAN notes that there was a worksession held on SB 33               
 during the interim.                                                           
                                                                               
 Number 040                                                                    
                                                                               
 SENATOR MILLER moves that CSSB 33(STA) be adopted in lieu of the              
 original bill.  There being no objection, CSSB 33(STA) is before              
 the committee.                                                                
                                                                               
 Number 052                                                                    
                                                                               
 ANNETTE KREITZER, staff to Senator Leman, states that SB 33 was               
 originally intended as a funding mechanism for the Department of              
 Environmental Conservation (DEC) and the Department of Military &             
 Veteran's Affairs (DMVA) to extend grants to Local Emergency                  
 Planning Committees (LEPC's).  The original bill has changed as the           
 agencies and groups involved reviewed their needs.  MS. KREITZER              
 continues by highlighting the changes in the CS as put forth in the           
 sponsor's sectional analysis in the sponsor statement.                        
                                                                               
 Number 166                                                                    
                                                                               
 CHAIRMAN LEMAN asks Ms. Kreitzer if, in the current system, the               
 State Emergency Response System (SERC) must approve the membership            
 of the Local Emergency Planning Committees (LEPC's) and if that               
 changes in any way under CSSB 33(STA).                                        
                                                                               
 Number 176                                                                    
                                                                               
 MS. KREITZER replies that CSSB 33(STA) will not change SERC having            
 to approve membership on LEPC's, something that has been a                    
 stumbling block for the LEPC's.  Ms. Kreitzer mentions that Marie             
 Sansone, Department of Law, would be able to answer questions                 
 relating to this subject.                                                     
                                                                               
 Number 176                                                                    
 MS. KREITZER comments that SERC does support CSSB 33(STA) as, she             
 believes, do most of the LEPC's.                                              
                                                                               
 Number 200                                                                    
                                                                               
 CHAIRMAN LEMAN mentions that he did go through the process of                 
 helping to fill some vacancies, and he thinks that local people are           
 the best judges of which candidates for LEPC's could contribute the           
 most to local emergency planning.                                             
                                                                               
 Number 213                                                                    
                                                                               
 SENATOR ELLIS asks Ms. Kreitzer whether the composition of the                
 members of the board would change under this legislation.                     
                                                                               
 Number 217                                                                    
                                                                               
 MS. KREITZER responds that composition of the board would not                 
 change.                                                                       
                                                                               
 Number 218                                                                    
                                                                               
 SENATOR ELLIS asks Ms. Kreitzer for more background on how                    
 boundaries for LEPD's and LEPC's were decided upon.                           
                                                                               
 Number 227                                                                    
                                                                               
 MS. KREITZER hands out a map showing the current LEPD's and LEPC's            
 and says that they're currently set up almost entirely along                  
 borough boundaries.                                                           
                                                                               
 Number 239                                                                    
                                                                               
 SENATOR ELLIS asks Ms. Kreitzer why the boundaries were never set             
 up along geographic boundaries.                                               
 Number 241                                                                    
                                                                               
 MS. KREITZER states that she will have to defer to DEC on that                
 question.                                                                     
                                                                               
 Number 242                                                                    
                                                                               
 SENATOR ELLIS says he would like to pose that question to DEC at              
 the appropriate time.  He comments that he doesn't think the                  
 boundaries for LEPD's and LEPC's should be along political boundary           
 lines.                                                                        
                                                                               
 CHAIRMAN LEMAN comments that even though the LEPD and LEPC                    
 boundaries may be along political lines, they also make sense                 
 geographically.  He asks Lynn Kent, DEC, to comment on the LEPD and           
 LEPC boundary lines.                                                          
                                                                               
 Number 256                                                                    
                                                                               
 LYNN KENT, Department of Environmental Conservation, replies that             
 the boundaries of the ten regions that were set up by DEC were                
 established taking into consideration existing LEPC's, so, with one           
 exception, the LEPD's fit within the regions established by DEC.              
 In addition, ten regions were established because the regional                
 boundaries have an effect on the oil industry's contingency                   
 planning requirements.  The ten regions established by DEC consist            
 of one or more LEPD's each.                                                   
                                                                               
 Number 269                                                                    
                                                                               
 CHAIRMAN LEMAN thanks Ms. Kent for her testimony and asks if there            
 are any more questions.  Hearing none, he requests Ms. Kreitzer to            
 continue her explanation of the changes in CSSB 33(STA) as noted in           
 the sponsor's sectional analysis.                                             
                                                                               
 Number 271                                                                    
                                                                               
 MS. KREITZER notes that at its last meeting, the SERC voted                   
 unanimously to accept all the LEPC's and their boundaries.  She               
 then continues with her explanation of the changes to CSSB 33(STA)            
 as noted in the sponsor's sectional analysis.                                 
                                                                               
 Number 302                                                                    
                                                                               
 SENATOR ELLIS asks Ms. Kreitzer if there would be a concern that              
 communities would want to give up responsibility to the state if              
 they had that option.                                                         
                                                                               
 Number 308                                                                    
                                                                               
 MS. KREITZER says she thinks experience shows that most communities           
 prefer to have local control over emergency planning, and would not           
 give up that responsibility to the state if given the option of               
 doing so.                                                                     
                                                                               
 Number 314                                                                    
                                                                               
 SENATOR ELLIS asks if all of the funding flows through a funding              
 mechanism other than municipal assistance and revenue sharing.                
                                                                               
 Number 315                                                                    
                                                                               
 MS. KREITZER replies that funds would flow through a borough, or a            
 municipal government or political subdivision; in other words, they           
 would be pass-through funds to the LEPC's.  There would be several            
 different sources for funding, including federal and state sources.           
                                                                               
 Number 321                                                                    
                                                                               
 SENATOR ELLIS asks Ms. Kreitzer if the number of people                       
 volunteering for LEPC's corresponds to whether or not a community             
 has been impacted by a spill in the past.                                     
                                                                               
 Number 327                                                                    
                                                                               
 MS. KREITZER responds that by looking at the map of LEPC's it would           
 appear that a past history of spills, or lack thereof, does not               
 seem to be much of a factor in whether or not there is community              
 involvement in an LEPC.                                                       
                                                                               
 Number 332                                                                    
                                                                               
 SENATOR ELLIS asks Ms. Kreitzer where LEPC's get their technical              
 assistance.                                                                   
                                                                               
 Number 334                                                                    
                                                                               
 MS. KREITZER replies that under current statute, technical                    
 assistance is to be given by DEC, but that under CSSB 33(STA),                
 technical assistance would be given by any state department if                
 requested by an LEPC.  Realistically, assistance will probably only           
 be requested from DEC or DMVA.                                                
                                                                               
 Number 341                                                                    
                                                                               
 SENATOR ELLIS asks Ms. Kreitzer if the governor's proposed budget             
 for FY 95 includes enough money for DEC to give technical                     
 assistance to the LEPC's.                                                     
                                                                               
 Number 344                                                                    
                                                                               
 Ms. Kreitzer replies that it is her understanding that DEC would              
 have the necessary funding to give technical assistance to the                
 LEPC's, but she would defer to DEC on that question.  Ms. Kreitzer            
 then continues with her explanation of the changes in CSSB 33(STA)            
 as put forth in the sectional analysis.                                       
                                                                               
 Number 364                                                                    
                                                                               
 SENATOR LEMAN notes that it is the opinion of the Department of Law           
 that under The Constitution of the State of Alaska, it is                     
 unconstitutional for any elected state official to serve on an                
 LEPC.  Apparently the department believes that it represents a                
 position of "holding dual office".  At the time the Department of             
 Law made their ruling, there were three legislators serving on                
 LEPC's who voluntarily resigned, rather than challenge the ruling.            
                                                                               
 Number 372                                                                    
                                                                               
 MS. KREITZER continues with her explanation of the changes in CSSB
 33(STA) as put forth in the sectional analysis of the sponsor's               
 statement.                                                                    
                                                                               
 Number 425                                                                    
                                                                               
 CHAIRMAN LEMAN thanks Ms. Kreitzer and calls for representatives of           
 DEC and DMVA to make their presentations to the committee.                    
                                                                               
 Number 435                                                                    
                                                                               
 PETE WUERPEL, Division of Emergency Services, Department of                   
 Military & Veteran's Affairs, states that on behalf of DMVA, they             
 thank Ms. Kreitzer for her work and patience.  Mr. Wuerpel says               
 that the events of two days ago (the recent Los Angeles earthquake)           
 underscore the need for CSSB 33(STA), and DMVA endorses it.  He               
 advises the committee that he would not be commenting on specifics            
 of the bill, but wants to underscore that he thinks it will                   
 formalize the relationship between local and state entities                   
 involved in the emergency planning process.                                   
                                                                               
 Mr. Wuerpel says that the department is convinced that the planning           
 process and the maintenance of emergency plans must be sustained              
 and ongoing.  He believes that there is a need to have planners               
 physically in the communities to work with them on developing                 
 emergency response plans.                                                     
                                                                               
 Number 459                                                                    
                                                                               
 CHAIRMAN LEMAN asks Mr. Wuerpel if he thinks full-time planning is            
 really necessary, or if the communities simply need full-time                 
 access to planners.                                                           
                                                                               
 Number 465                                                                    
                                                                               
 MR. WUERPEL responds that Chairman Leman has precisely stated the             
 case, that communities need routine, prolonged access to                      
 experienced emergency response planners.                                      
                                                                               
 Number 471                                                                    
                                                                               
 CHAIRMAN LEMAN thanks Mr. Wuerpel for his testimony and calls Mr.             
 Conway from DEC to testify.                                                   
                                                                               
 Number 476                                                                    
                                                                               
 MIKE CONWAY, Director, Division of Spill Prevention and Response,             
 Department of Environmental Conservation, begins by speaking of the           
 recent earthquake in India, and how necessary it is to plan for               
 these emergencies.  He states that the type of things that must be            
 thought of in planning for emergencies are communications,                    
 hospitals and medical care, the road system, drinking water,                  
 utilities, safe buildings, displacements of people, and lastly,               
 hazardous substance releases.  He does not diminish the importance            
 of hazardous substance releases, but thinks that other needs during           
 emergencies need to receive more emphasis.                                    
                                                                               
 Number 521                                                                    
                                                                               
 MR. CONWAY continues, saying most hazardous substance releases are            
 not emergency situations; possible threats from such releases are             
 manageable and can be substantially reduced or eliminated through             
 prevention.  He believes that natural disasters pose a much greater           
 threat to communities than do hazardous substance releases.  Only             
 1.7% of the declared disasters since 1977 have resulted solely from           
 an oil or hazardous substance release.  Statutes need to be                   
 clarified as to the roles of state and local planning agencies;               
 legislation to improve the state's preparedness for all potential             
 disasters needs to be implemented.                                            
                                                                               
 Number 537                                                                    
                                                                               
 MR. CONWAY submits DEC's sectional analysis of proposed changes to            
 the legislation to the committee in writing and described the                 
 recommendations and comments DEC has on CSSB 33(STA), which are:              
 responsibilities for each state agency need to be defined;                    
 establish SERC as an "all hazards" commission; give mandates to               
 agencies requiring planning preparedness for disasters; that state            
 agencies be explicitly required to develop agency-specific plans              
 that coordinate with the state emergency plan, and ensure that                
 staff are designated and trained to carry out the agency's assigned           
 responsibilities; define the relationship between local disaster              
 plans prepared under state statute and local disaster plans                   
 prepared under federal law; authorize LEPC's to serve as the                  
 interjurisdictional disaster agency; consolidate local disaster               
 planning; define and clarify requirements for specific types of               
 disasters, and define the term "emergency".                                   
                                                                               
 TAPE 94-1, SIDE B                                                             
 Number 580                                                                    
                                                                               
 MR. CONWAY wants defined what would be considered an emergency for            
 each department, and what each department's role would be for                 
 specific emergencies, i.e. fire, earthquake, flood, etcetera.  Mr.            
 Conway completes his testimony by saying that DMVA should be                  
 authorized to receive direct appropriations from the response fund,           
 rather than DMVA having to go through DEC for funds.                          
                                                                               
 Number 563                                                                    
                                                                               
 CHAIRMAN LEMAN thanks Mr. Conway for his testimony and calls the              
 next witness.                                                                 
                                                                               
 Number 531                                                                    
                                                                               
 DR. ERNEST MELOCHE Chair, Ketchikan LEPC, testifying from                     
 Ketchikan, emphasizes his and the Ketchikan LEPC's support for CSSB
 33(STA) and thanks Ms. Kreitzer for her work on the bill.  He                 
 notes, regarding SENATOR ELLIS's comments on LEPC and LEPD boundary           
 lines, that the LEPD's were formed independently from almost all              
 other planning processes in a somewhat random fashion, and that as            
 the LEPC's were formed, it was important to the LEPD's that the               
 current structure be maintained.                                              
                                                                               
 Number 514                                                                    
                                                                               
 MR. MELOCHE comments that the membership appointments to LEPC's               
 should be related to the community specific to the LEPC, and that             
 membership is best decided upon by the community.  Membership                 
 should be determined locally, with final approval from SERC.  That            
 makes it a state approval with some degree of state authority, so             
 that the LEPC's will not simply be a local political body.  The               
 LEPC's should be allowed to plan for disasters, and membership                
 should not be determined by local politics.  The LEPC's should be             
 a transgovernmental body.                                                     
                                                                               
 Number 499                                                                    
                                                                               
 MR. MELOCHE agrees that having access to expert planners in the               
 community is a necessity and thinks that several positions should             
 be funded in order to provide LEPC's that access.  As a result of             
 much work, Ketchikan now has a disaster plan, but planning for                
 disasters is an ongoing process in which the plan must continue to            
 evolve.  It must be recognized that no plan is ever complete, and             
 funding must continue in order that emergency plans can continue to           
 be refined.  It is the responsibility of the LEPC's that procedures           
 be in place for informing people of potential hazards to the                  
 community and that plans exist in the event that a disaster occurs.           
 Mr. Meloche agrees that SERC should be an "all hazards" commission.           
                                                                               
 Number 433                                                                    
                                                                               
 ROCKY ANSELL, Information Officer, Copper River LEPC; Fire Chief,             
 Glennallen and Copper River Fire Departments, testifying from                 
 Glennallen, appreciates all the work that has been done on CSSB
 33(STA) and thinks it addresses many of the issues discussed over             
 the years by the LEPC's.  He agrees with everything Dr. Meloche               
 said but expresses his concern that LEPC's in areas with absolutely           
 no local government entity, as is the case in his area, causes some           
 unique problems, with funding being the major issue.  With a little           
 more word changing in CSSB 33(STA), we might be able to resolve the           
 funding problems for LEPC's in areas with no local government                 
 entity.                                                                       
                                                                               
 Number 404                                                                    
                                                                               
 CHAIRMAN LEMAN thanks Mr. Ansell for his testimony and calls the              
 next witness.                                                                 
                                                                               
 Number 403                                                                    
                                                                               
 BOB SPENCER, Coordinator, Fairbanks LEPC, testifying from                     
 Fairbanks, thanks Senator Leman and Annette Kreitzer for all the              
 work they've done on CSSB 33(STA).  Mr. Spencer notes that he will            
 just mention a few specific points which are of concern to the                
 Fairbanks LEPC.  First, they are concerned that the board position            
 designated for the State Fire Chief's Association not be                      
 eliminated.  The Fairbanks LEPC  thinks that since the fire                   
 departments are the primary response agencies for all emergencies,            
 fire departments need to have representation on SERC.                         
                                                                               
 The Fairbanks LEPC also does not support taking "hazardous waste"             
 out of the definition of "hazardous substance".  On page 11,                  
 section 10 of CSSB 33(STA) the Fairbanks LEPC wants all radioactive           
 materials to be included, not just low-level radioactive materials.           
 Mr.                                                                           
 Spencer also mentions the merging of ICS's.                                   
                                                                               
 Number 364                                                                    
                                                                               
 CHAIRMAN LEMAN asks if any committee members have questions for Mr.           
 Spencer.  There being none, he notifies Mr. Spencer that anything             
 not mentioned in the bill that is already in existing statutes                
 would not change under CSSB 33(STA).  Chairman Leman calls the next           
 witness.                                                                      
                                                                               
 Number 353                                                                    
                                                                               
 MIKE ODEN, Chair, Fairbanks LEPC, testifying from Fairbanks, says             
 the Fairbanks LEPC has spent a lot of time reviewing this                     
 legislation and thanks Senator Leman, Annette Kreitzer, and the               
 other people who have contributed to it for their work.  Mr. Oden             
 says that he shares the opinions expressed by Dr. Meloche, and that           
 the Fairbanks LEPC supports CSSB 33(STA).                                     
                                                                               
 Number 333                                                                    
                                                                               
 CHAIRMAN LEMAN thanks Mr. Oden for his testimony and calls the next           
 witness.                                                                      
                                                                               
 Number 332                                                                    
                                                                               
 RANDY MCGOVERN, formerly a member of the Hazardous Substance Spill            
 Technology Review Council, testifying from Fairbanks, thinks it               
 would be preferable for the LEPC's to come under the DMVA for,                
 specifically, immediate response.  He is, however, concerned that             
 the bill address protection of human life and human health.  Mr.              
 McGovern thinks that there should be more funding to the LEPC's for           
 public education.                                                             
                                                                               
 Number 316                                                                    
                                                                               
 CHAIRMAN LEMAN thanks Mr. McGovern for his testimony and asks if              
 there is anyone else who wishes to testify.                                   
                                                                               
 Number 312                                                                    
                                                                               
 JIM STUDLEY, Northern Southeast LEPC, testifying from Haines,                 
 states that most of what he has to say reiterates what has already            
 been said by previous testifiers.  He thanks Ms. Kreitzer and                 
 Senator Leman for allowing citizens to be actively involved in the            
 creation and refinement of CSSB 33(STA).  Mr. Studley states that             
 the Northern Southeast LEPC consists of Haines, Skagway, Angoon,              
 Hoonah, Elfin Cove, Gustavus, Port Alexander, Pelican, Tenakee                
 Springs, and Kake; he notes that it is a fairly large district made           
 up of small communities of rural Southeast Alaska.  He encourages             
 the passage of CSSB 33(STA) and says it would greatly benefit their           
 LEPD.  He is happy that DEC and DMVA support the legislation and              
 are working together to solve some of the problems the LEPC's face.           
                                                                               
                                                                               
 Mr. Studley believes that planners are at times necessary, that               
 plans need full-time maintenance, he comments about the incident              
 command system, and says he would like to see the definition of               
 hazardous substance remain the way it was originally written.                 
                                                                               
 Number 262                                                                    
                                                                               
                                                                               
 CHAIRMAN LEMAN thanks Mr. Studley for his testimony and asks if Mr.           
 Martin of DMVA or anyone else would like to testify.                          
                                                                               
 Number 261                                                                    
                                                                               
 EARVIN PAUL MARTIN, Director, Division of Emergency Services,                 
 Department of Military & Veteran's Affairs, testifying from                   
 Anchorage, commends Senator Leman and Annette Kreitzer for the                
 amount of work that has gone in to CSSB 33 (STA), and says he hopes           
 that the legislature passes the bill.                                         
 Number 242                                                                    
                                                                               
 CHAIRMAN LEMAN asks if there is anyone else wishing to testify.               
 Hearing none, he announces that at the next committee meeting the             
 committee will hear SJR 39, SJR 2, and SB 33.                                 
                                                                               
 There being no further business to come before the committee, the             
 meeting was adjourned at 10:23 a.m.                                           
                                                                               

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