Legislature(1993 - 1994)
03/31/1993 09:02 AM Senate STA
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* first hearing in first committee of referral
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= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
SENATE STATE AFFAIRS COMMITTEE
March 31, 1993
9:02 a.m.
MEMBERS PRESENT
Senator Loren Leman, Chairman
Senator Mike Miller, Vice Chairman
Senator Robin Taylor
Senator Johnny Ellis
Senator Jim Duncan
MEMBERS ABSENT
All Present
COMMITTEE CALENDAR
Confirmation Hearing for Colonel Sigmond Murphy
SENATE BILL NO. 33
"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. See State Affairs minutes dated 3/3/93.
WITNESS REGISTER
Colonel Sigmond Murphy
Alaska Army National Guard
P.O. Box 5800
Ft. Richardson, Alaska 99505-5800
POSITION STATEMENT: Confirmation hearing.
Annette Kreitzer, Legislative Aide to
Senator Loren Leman
State Capitol
Juneau, Alaska 99811-1182
POSITION STATEMENT: Commented on SB 33.
Curt Fredrickson
Division of Spill Prevention and Response
Department of Environmental Conservation
410 Willoughby Ave.
Suite 105
Juneau, Alaska 99801-1795
POSITION STATEMENT: Supported SB 33.
Ervin Martin, Director
Division of Emergency Services
Department of Military and Veterans Affairs
P.O. Box 5750
Ft. Richardson, Alaska 99505-0750
POSITION STATEMENT: Supported SB 33.
Marie Sansone, Assistant Attorney General
Department of Law
P.O. Box 110300
Juneau, Alaska 99811-0300
POSITION STATEMENT: Commented on SB 33.
Jim Seeberger
Anchorage LEPC
1930 Bluegrass Circle
Anchorage, Alaska 99502
POSITION STATEMENT: Supported concepts in SB 33 and
suggested some changes.
Bob Spencer, Coordinator
Fairbanks LEPC
1000 University Ave.
Fairbanks, 99775
POSITION STATEMENT: Supported concepts in SB 33.
Jeff Morrison, Legislative Liaison
Department of Military and Veterans Affairs
P.O. Box 110900
Juneau, Alaska 99811-0900
POSITION STATEMENT: Commented on SB 33.
Larry Fanning
Alaska State Firefighters and Firechiefs Association
3031 Palmdale Dr.
Wasilla, Alaska 99687
POSITION STATEMENT: Supported SB 33 with some changes.
ACTION NARRATIVE
TAPE 93-23, SIDE A
Number 001
Chairman Leman called the Senate State Affairs Committee
meeting to order at 9:02 a.m. and announced the confirmation
hearing for Colonel Sigmund Murphy, Jr. who was being
promoted to Brigadier General in the Army National Guard
which requires legislative confirmation.
COLONEL MURPHY gave a brief background on his life before
the Air National Guard and briefed the committee on the
duties of an Assistant Adjunct General which would be mainly
to help with the youth programs in Alaska and ceremonial
endeavors.
He commented on the recent deaths in a plane crash of top
officers in the Army National Guard. He said that they had
gone through the grieving period and all the positions had
been filled and they were moving forward with the
modernization that General Cox was working on.
SENATOR LEMAN thanked COLONEL MURPHY for his testimony and
announced SB 33 (GRANTS FOR LOCAL EMERGENCY PLANNING) (LEPC)
to be up for consideration.
ANNETTE KREITZER, Legislative Aide for Senator Leman, said
initially SB 33 was introduced to alleviate problems that
DEC was having in being able to fund LEPC's for their
functions and to allow the Department of Military and
Veterans Affairs (DMVA) the ability to use federal funds for
the LEPC's.
Number 200
CURT FREDRICKSON, Division of Spill Prevention and Response,
supported the amendments to SB 33. This bill also does two
other things that are important to the Department, he said.
Beyond transferring the administration of the State
Emergency Response Commission to the DMVA, it distinguishes
the responsibilities of the DMVA to provide planning
assistance to local communities to address all the hazards
that communities face in addition to oil and hazardous
substances. It better defines the department's role in oil
and hazardous substance spill response. It does this by
transferring the response depot and corps from DMVA to the
Department of Environmental Conservation (DEC) and makes it
clear that the Hazardous Substance Spill Technology Review
Council would also report to the DEC.
Number 245
ERVIN MARTIN, Director, Division of Emergency Services,
supported this legislation, because it is logical to
consolidate the technological hazards because of the
existing training relationship with the local governments
and his agency.
SENATOR TAYLOR asked why the need to have state operated and
maintained emergency response depots in all areas of the
state was no longer valid? MR. MARTIN explained that
subsequent to the Exxon Valdez spill, the industry has
committed more than $110 million in response capability.
Because of the reduction in state revenues and because the
industry has established this response capability, all the
state needs to do is identify vulnerable areas that have a
threat and have no response capability and deal with those.
SENATOR TAYLOR commented that if all we are really concerned
about is refined products and the transhipment, we should
think about cutting the 470 fund. MR. MARTIN said there is
a need for the fund, because there is no capability in
Southeast Alaska, for instance. Once beyond Prince William
Sound there is still justifiable need for response
capability.
Number 338
SENATOR MILLER moved to adopt CSSB 33 (STA). There were no
objections and it was so ordered.
SENATOR MILLER asked about the land response. MR. MARTIN
explained the legislature appropriated some money for
regional teams.
MARIE SANSONE, Assistant Attorney General, said she needed
time to review the CS.
SENATOR TAYLOR asked what federal sanctions we would face if
we do not have a CIRC or LEPC. MS. SAMPSON said there are
no federal hammers against the state.
JIM SEEBERGER, Anchorage LEPC, proposed on page 2 to strike
the word "and" after the phrase "seven league members."
Number 440
BOB SPENCER, Coordinator for the Fairbanks LEPC, said the
local planning committee discussed this bill and supported
the concepts of it. He said the elected officials position
on the committee has been of marginal help, because they are
so busy with other business that they can't make many of the
meetings. Putting an official in charge of it would not be
good for the committee. Also, on page 11, the LEPC is left
off the review list which he thought should be corrected.
SENATOR LEMAN said it was not his intent to mandate the
chairman to be an elected official and he is working on
changing that.
JEFF MORRISON, Legislative Liaison, Department of Military
and Veterans Affairs, said the latest CS did meet the
requirements of federal law.
SENATOR TAYLOR said according to federal law at least
thirteen different representatives from a community must
serve on an LEPC. This might not be possible in some
smaller communities.
MS. SANSONE said the federal statute with the 13 different
categories is ambiguous because of the punctuation. She
said you can lump some of the categories together and come
up with the possibility of having only a 5 member LEPC.
MS. SANSONE said that some LEPC's are larger than 13 members
and want more because of additional government or industry
entities. To comply with federal law they would need to
assure this membership on page 5 and 6, line 29.
SENATOR TAYLOR said part of his concern was that the people
on the committees know about the hazardous materials, have
some level of training, know where their equipment is, and
know how they are going to react when something occurs.
That does not necessarily include an elected state or local
official or a number of other categories.
TAPE 93-23, SIDE B
Number 580
SENATOR TAYLOR expressed his concern that four years after
the Exxon Valdez disaster the response organization wasn't
farther along than it was.
MR. MORRISON said the main point of having LEPC's is to
establish priorities and commute concerns that would be
assisted by the professional staff that would be provided
through the fiscal notes of this bill. The staff would work
with training the first responders.
Number 555
MR. SEEBERGER said he was also concerned with the chairman
of the LEPC having to be an elected official. In the make-
up of a CIRC he wanted to see both rural and urban LEPC
membership required.
SENATOR LEMAN said he planned to hold the bill during the
interim and work on it.
LARRY FANNING, Alaska State Firefighters and Firechiefs
Association, agreed with previous testimony about having an
elected official being the chairman.
MR. FANNING commented that the fiscal note showed a decrease
in funding. LEPCs need money to operate as a committee of
the state. Without funding, the LEPCs will die and
management of them could fall back on the state's shoulders,
anyhow.
Number 520
SENATOR TAYLOR asked him what qualified any of the
categories for membership on an LEPC. MR. FANNING replied
that a newsbroadcaster has the ability to develop the PSA's
that would go inside the plan. A firefighter would have the
technical knowledge to identify what resources would be
necessary and what areas of evacuation would be required for
a spill. A police officer would know how an area could be
secured. Etc. etc. The whole plan would be developed and
then handed to the public official who would announce it.
MR. FANNING said he had a problem with the depots and the
planning operations being in separate agencies. He thought
communication would be better if they were in the same
agency.
SENATOR LEMAN thanked everyone for their participation and
adjourned the meeting 10:02 a.m.
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