Legislature(1993 - 1994)
11/29/1993 01:00 PM Senate STA
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* first hearing in first committee of referral
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+ teleconferenced
= bill was previously heard/scheduled
SENATE STATE AFFAIRS COMMITTEE
Anchorage, AK
November 29, 1993
MEMBERS PRESENT
Senator Loren Leman, Chairman
MEMBERS ABSENT
Senator Mike Miller, Vice Chairman
Senator Jim Duncan
Senator Robin Taylor
Senator Johnny Ellis
COMMITTEE CALENDAR
SENATE BILL NO. 33
"An Act relating to grants for local emergency planning committees
and emergency response organizations; and providing for an
effective date."
SENATE BILL NO. 35
"An Act providing immunity for the Alaska State Emergency Response
Commission, the local emergency planning committees, the Hazardous
Substance Spill Technology Review Council, and their members for
official actions; 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.
SB 35 - See Community & Regional Affairs minutes dated
2/23/93.
WITNESS REGISTER
Erv Martin
Director, DMVA/ADES
National Guard Army
Fort Richardson
Anchorage, Alaska 99505
POSITION STATEMENT: Reviewed SB 33.
Michael Conway
Director, DEC/SPAR
410 Willoughby Ave.
Suite 302
Juneau, Alaska 99801-1795
POSITION STATEMENT: Reviewed SB 33.
Annette Kreitzer
Aide to the Senate Oil and Gas Committee
Staff to Senator Leman
Anchorage, Alaska
POSITION STATEMENT: Reviewed SB 33.
KEN ROBERSON
Copper River Emergency Management Service
Box 375
Glennallen, Alaska
POSITION STATEMENT: Supported SB 33.
ROCKY ANSELL
Copper Center Volunteer Fire Department
Box 217
Copper Center, Alaska
POSITION STATEMENT: Reviewed SB 33.
DOUGLAS WELDE
Chairman of the Petersburg, Wrangell LEPC
P.O. Box 329
Petersburg, Alaska 9983
POSITION STATEMENT: Supported SB 33.
STEVE O'CONNOR
Vice Chair of the Kenai Peninsula LEPC
231 S. Brinkley
Soldotna, Alaska 99669
POSITION STATEMENT: Supported SB 33.
BOB TROUSIL
710 Mill Bay Road
Kodiak, Alaska 99615
POSITION STATEMENT: Reviewed SB 33.
ERNEST MELOCHE
Chairman of the Ketchikan LEPC
P.O. Box 6058
Ketchikan, Alaska 99901
POSITION STATEMENT: Supported SB 33.
BILL SCHEKTER
Fairbanks SERC
P.O. Box 71267
Fairbanks, Alaska 99707
POSITION STATEMENT: Reviewed SB 33.
HOWARD CARBIS
Chair of Yakutat LEPC
Yakutat, Alaska
POSITION STATEMENT: Reviewed SB 33.
JIM STUDLEY
Northern Southeast LEPC member
Haines Volunteer Fire Department
Haines, Alaska
POSITION STATEMENT: Supported SB 33.
DENNIS SPECHT
Public-at-Large Representative on the Kenai Borough LEPC
Homer, Alaska
POSITION STATEMENT: Supported SB 33 and 35.
ACTION NARRATIVE
TAPE 93-40 SIDE A
NUMBER 001
Chairman Leman called the Senate State Affairs Committee work
session to order, noting the following teleconference sites would
be participating in the work session on SB 33 (GRANTS FOR LOCAL
EMERGENCY PLANNING): Bethel, Fairbanks, Glennallen, Juneau,
Kodiak, Ketchikan, Matsu, Petersburg, Sitka, Skagway, Kenai, and
Soldotna. He stated that SB 33 provides granting authority to the e
Division of Military and Veterans Affairs (DMVA) and the Department
of Environmental Conservation (DEC) to give grants to the LEPCs.
It also refines the system allowing the departments to function
more efficiently and makes revisions regarding the Community Right
to Know Programs.
ERV MARTIN , Director of the Division of Military and Veterans
Affairs Division of Emergency Services (DMVA), presented an
overview of SB 33.
MICHAEL CONWAY , Department of Environmental Conservation (DEC),
stated that the State Emergency Response Commission (SERC) was
originally established for local emergency planning and community
awareness of hazardous substances being handled and stored. He
noted that the Alaska Legislature expanded the scope of the federal
mandate to include oil spills after the Exxon Valdez oil spill. He
explained that in September 1991, SERC unanimously decided to
become an all hazard SERC which expanded the scope of the
commission to include all disaster emergencies. He informed the
committee that SERC is currently housed in DEC because DEC has
primary responsibility for responses to oil and hazardous
substances , however, both commissioners for DMVA and DEC have
agreed that an all hazard SERC should be housed in DMVA.
Mr. Conway stated that DEC responds to oil and hazardous substance
spills and releases on a routine basis, and currently 99 percent of
DEC's responses are to non-disaster emergency spills. He
emphasized the lack of interest by most of Alaska's emergency
response community regarding the routine duties of DEC when
responding to spills and releases. He reiterated the need to house
SERC in DMVA due to DMVA's responsibility for preparedness for
disaster emergency response throughout the state. He said that DEC
will work with DMVA in a leadership role as co-chair of SERC in
DEC's proposed mark-up of SB 33. DEC plans to create more
comprehensive programs that come into play during disaster
emergency. Emergency response people and the Volunteer Corps will
remain in DMVA for disaster emergency.
Mr. Conway noted that DEC has existing authority to enter into
contracts with persons or private organizations comprised of
personnel, equipment, and supplies necessary to respond to spills
and releases. Currently, DEC is negotiating local response
agreements with Kenai, Anchorage, and Fairbanks, thus facilitating
use of the 470 Fund to pay for response cost to those communities
and help develop equipment needs which could result in legislative
requests.
SENATOR LEMAN clarified the addition of the word "disaster" in
front of "response core" and the omission of "oil and hazardous
substance" was in keeping with an All Hazard SERC for depots and
response cores capable of responding to any disaster. He voiced
his desire not to set up a dual system of response.
ANNETTE KREITZER , Aide to the Senate Oil and Gas Committee and
staff to Senator Leman, stated that she intended to review the
analysis of the October 25, 1993 work draft, recognizing possible
bill changes. She reported that the title of SB 33 transfers the
SERC and its responsibilities from DEC to DMVA. SB 33 also
transfers the response corps and depots from DMVA to DEC. Section
13 eliminates the annual revision requirement for the State and
Regional Oil Discharge Prevention Plans. The annual review is
still necessary.
Ms. Kreitzer then explained that Section 1 of SB 33 amends Division
of Emergency Services (DES) duties. She stated that Sections 2,3,
and 4 require that all the plans under DMVA and DEC must work
together. She specified that Section 5 places SERC under DMVA,
who will now provide staff support. Section 5 will also place a
rural LEPD member and a urban LEPD member on the SERC and requires
that SERC be co-chaired by DMVA and DEC. She specified that
Section 5(e) would change the SERC to an all hazards Commission.
Ms. Kreitzer asserted that Section 26.27.073 was created to relieve
concern about how emergency planning districts and committees
should be set up. These sections specify that the SERC appoints
the members of the LEPCs under SB 33, however the SERC can consider
recommendations of the local political subdivision as long as the
recommendations conform to federal and state laws. She mentioned
the problems that committee membership has in meeting the broad
representation requirements. The state statutes require that LEPCs
must publicly advertise positions on the committee. She expressed
the need to have the emergency coordinator designated within the
emergency planning district. She noted that Section 26.23.077
reflects the change to an All Hazard SERC.
Ms. Kreitzer summarized Sections 6, 7, 8, and 9 as technical
changes reflecting the exchange of duties. She referred to the
aforementioned Section 13 and the provision that adds local
emergency planning committee officials to those that the
commissioner will consult in an annual review, thus tying the LEPCs
into the planning process if they want to become an all hazards
LEPC.
SENATOR LEMAN acknowledged receiving proposed revisions from the
DEC and he said he plans to work on implementing the revisions, but
will not comment on those now.
KEN ROBERSON , Copper River Emergency Management Service member,
said that he supported the direction of SB 33. He pointed out that
in Glennallen funding has been a major problem, and any action to
help is welcomed.
ROCKY ANSELL , Copper River Emergency Planning Committee and Fire e
Chief of the Glennallen and Copper Center Volunteer Fire
Departments, agreed with the Alaska LEPCs Association
teleconference notes regarding SB 33. He reiterated the need to
facilitate funding.
DOUGLAS WELDE , Chairman of the Petersburg/Wrangell LEPC, supported ted
the concept of SB 33 and SB 35, and spoke to LEPC funding problems.
Mr. Welde related that the current budget for the
Petersburg/Wrangell LEPC is $22,000, although he expected that to
drop after receiving a plan for the entire LEPC in early 1994. He
added that the current budget included expenses as well as part-
time wages.
STEVE O'CONNOR , Vice-Chair of the Kenai Peninsula LEPC, generally
supports SB 33. He commented on the need for allowing maximum
flexibility with committee membership for the LEPCs. He inquired
if the cash and corps would remain in DMVA. Senator Leman
confirmed Mr. O'Connor's inquiry, but the changes have not been
made in the bill. Both Senator Leman and Mr. O'Connor felt this
proposed change would be well received in general. Worried about
a conflict of interest on certain issues, Mr. O'Connor questioned
the proposal from LEPC to increase the number of seats on the SERC
from two to four. He said that if LEPC membership for the SERC
happened, then the LEPCs should have some input into that
recommendation.
SENATOR LEMAN , asked if MARIE SANSONE had any comment on Mr.
O'Connor's worries about conflict of interest when LEPC members
serve on the SERC. Ms. Sansone reasoned that the vote from four
LEPC members on the SERC should not affect the quorum.
BOB TROUSIL read a letter written to Commissioner Sandor by City
Manager Gary Bloomquist, which detailed the make-up of the Kodiak
Island Borough Emergency Services Organization and the Emergency
Services Council. The letter emphasized that the Kodiak LEPC works
through the Emergency Services Organization and incorporates in its
plan a Chemical Hazards Annex. Further, the Kodiak Island Emergency
Services Organization is effectively handling its responsibilities
and therefore would not favor any change diminishing the role of
that organization. Mr. Trousil stated he is encouraged by SB 33
and SB 35 in their ability to address the concerns discussed in
Gary Bloomquist's letter.
ERNEST MELOCHE , Chairman of the Ketchikan Local Emergency Planning ing
Committee, commended the changes in SB 33 regarding the issues and
needs as suggested by the Local Emergency Planning Committee
Association in their November 24 teleconference.
Mr. Meloche outlined some concerns and suggested changes to SB 33:
(1) Section 5(e)(4) should incorporate the concerns of the
district involved when designating and revising local emergency
boundaries;
(2) In Section 5(e)(6) change the word "coordinate" to
"assist" to ensure more assistance from SERC in the planning
process;
(3) Include language in Section 5(c) allowing direct granting
to the LEPCs and the LEPDs that do not have any known political
boundaries to define them;
(4) The language in Section 26.23.073(d) needs to reflect
maximized flexibility, thus ensuring effective planning that would
cover each area of representation;
(5) The public-at-large seat be documented as open to any
interested citizen; and
(6) The necessity to have a commitment from the state
regarding funding. This should be expressed directly in
utilization of the 470 Fund and possibly even designating a
percentage of the general fund to be applied to assist local
planning committees in operations.
Concluding his testimony, Mr. Meloche stated support for SB 33, as
well as the need to deal with liability issues in SB 35.
SENATOR LEMAN informed Mr. Meloche that designation of a portion of of
the general fund to local planning committees would be complex and
may violate the prohibition against the Dedicated Fund. He
commented that SB 33 is subject to the same appropriation mechanism
as is everything else.
ERV MARTIN specified LEPCs, as defined by the Department of Law,
are state entities and by law a state agency cannot issue a grant
to another state agency.
BILL SHECKTER , representing the Fairbanks SERC and North Star
Borough, referred to page 7, line 3, pointing out that the language
allowing LEPCs to decide if they want to be all hazard or not is
unclear. He further pointed out that this could lead to an all
hazard interpretation regardless of the LEPC's decision.
Furthermore an all hazard LEPC could be in conflict with an
Emergency Management Advisory Board. He stated in order to avoid
future problems page 8, line 41, should specify the types of
Incident Command Systems. He was perplexed by page 8, line 18,
regarding the added layer of bureaucracy in approval of a local
plan. He expressed his desire to avoid problems over the approval
issue between the local assemblies and the SERC. He requested a
copy of SB 33 before the final draft goes before the legislature.
He said that SB 35 was needed and should go forward.
SENATOR LEMAN assured Mr. Sheckter that when the suggested changes s
were properly drafted into a committee substitute it would be
redistributed for discussion.
ERV MARTIN indicated that the legislature will probably require
some sort of review process for maintaining the standard. He
stated that he supported further consideration of Mr. Scheckter's
suggestions on more specific language regarding approval and
funding.
HOWARD CARBIS , Chair of LEPC in Yakutat, addressed the portion of
SB 33 which discusses LEPC membership appointment by the political
subcommittee. He asserted that LEPCs and functioning community
should appoint their own membership. He also feels the local
government's interests are thoroughly represented therefore
membership should not be appointed by the local political
subdivision.
JIM STUDLEY , Northern Southeast Local Emergency Planning District
member and Secretary for the LEPC, stated support for SB 33. He
reiterated the three main points mentioned in the LEPC notes
presented by Dr. Meloche: first, communication between the SERC
and the LEPC was the reasoning behind additional seats on the SERC;
secondly, financing must trickle down to the local level for them
to survive; and finally that all people are represented in the
thirteen categories when that capability is available.
SENATOR LEMAN referred to Mr. Studley's last comment and stated the he
intent was to maintain flexibility within a broad base of
representation.
DENNIS SPECHT , public-at-large representative in the Kenai Borough h
LEPC, expressed his support of SB 33 and 35. He said that the
public-at-large seat in SB 33 is an opportunity to qualify into law
existing state policy.
SENATOR LEMAN concluded the public testimony on SB 33, stating that at
a draft committee substitute with suggested changes would be back
before the committee early in the upcoming session.
There being no further business Senator Leman adjourned the meeting
at 5:27 and thanked participants and observers.
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