Legislature(1993 - 1994)
01/19/1994 09:04 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
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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