HB 209-EMERGENCY FIREFIGHTERS  1:06:20 PM CHAIR PATKOTAK announced that the first order of business would be HOUSE BILL NO. 209, "An Act relating to emergency firefighters." 1:06:37 PM REPRESENTATIVE CRONK, as prime sponsor, introduced HB 209. He spoke from the sponsor statement, which stated [original punctuation provided]: HB 209 authorizes the Commissioner of the Department of Natural Resources to hire emergency firefighter [EFF] personnel using general fund appropriations. By amending AS 41.15.030(b), allowing the use of general funds to pay EFF personnel, they would be able to perform nonemergency work, such as hazardous fuel reduction, fuel break development, fire prevention, habitat restoration or improvement activities in fire- prone areas. In addition, this would provide economic opportunities for Alaskans, to enhance public safety, to empower rural Alaskans, to responsibly manage the state's natural resources, and to protect and save human lives. Such nonemergency work could reduce the likelihood, intensity, and damage of wildland fires near populated areas and could bring significant reductions in the state's costs to fight future fires. Steady employment opportunities for mostly rural-based firefighting crews would strengthen local economies, family life, and enhance public safety. By employing EFF during non-emergency would provide training, fitness, and readiness for when a wildfire does occur. The number of EFF personnel that may be interested in applying for permanent DNR jobs would increase, which would help with recruitment. 1:08:54 PM REPRESENTATIVE HANNAN asked whether the bill's focus on the use of general funds is because there is currently a prohibition in statute. 1:09:47 PM SUE STANCLIFF, Staff, Representative Mike Cronk, Alaska State Legislature, on behalf of Representative Cronk, prime sponsor, replied that currently the statute does prohibit general funds from being used to hire non-emergency firefighters, and HB 209 would amend that and allow it to be used for that. REPRESENTATIVE HANNAN asked whether there are any other funds that are currently restricted or whether the only prohibition is general funds. MS. STANCLIFF responded that for state EFF there are not general funds, and no other funds are used unless there is an incident. Once there is an incident it depends on the land ownership - if it is on Bureau of Land Management (BLM) lands then it is federal, if it is within a municipality or tribal land then the landowner pays and contributes to those fees - but this is strictly general funds. 1:11:06 PM REPRESENTATIVE RAUSCHER thanked the sponsor for bringing forth HB 209. He asked whether the Department of Natural Resources (DNR) is in favor of the bill. REPRESENTATIVE PATKOTAK stated that DNR will be speaking to the bill. 1:12:06 PM REPRESENTATIVE HOPKINS thanked the sponsor for introducing the bill. He offered his understanding that the state cannot use federal money to maintain firebreaks but can use federal dollars to put in those firebreaks. He noted that the Division of Forestry has been working with local, private contractors to put in many of those firebreaks. He asked whether under the bill's current language these wildland firefighters would be able to work on projects putting in firebreaks that have federal dollars attached to them. MS. STANCLIFF offered her understanding that they would be able to be utilized on different firebreaks, different mitigation, regardless of the land use; if an MOA is in place, state EFF would be able to do that. REPRESENTATIVE HOPKINS stated he wants to make sure it isn't what type of land it is, but also what type of dollars are being used to do non-emergency work. He noted that the statute disallowing emergency firefighters from being able to do non- emergency firefighter work was established in the [1990s]. He inquired about the reason for putting in that language. MS. STANCLIFF offered her belief that the primary reason was related to the employees. She spoke from the last paragraph of the sponsor statement, which states [original punctuation included]: Based on the legislative history, amending AS 41.15.030(b)'s last sentence does not appear to yield any constitutional or legal problems. In 1996, the legislature added the last sentence of AS 41.15.030(b) to address concerns about conflicts with AS 39.25.195 of the Alaska Personnel Act; specifically, that short term non-permanent employees would become full time employees. However, in 2000, the legislature amended AS 39.25.195 to allow for long term nonpermanent employees. Due to this amendment, the apparent concerns expressed by the legislature in 1996 warranting the inclusion of the last sentence to AS 41.15.020(b) no longer exists. MS. STANCLIFF continued her response. She said the other reason, per her personal history with the fire crews and the state budget, was the use of general funds and running short on monies as the state tightened its belt in the 1990s was to identify specifically with costs of fire, to rein it in. 1:15:42 PM REPRESENTATIVE GILLHAM inquired about the fiscal note. REPRESENTATIVE CRONK replied that there is a zero fiscal note. He deferred to DNR to explain the fiscal note. 1:16:07 PM REPRESENTATIVE FIELDS stated that there have been challenges in recruiting and perhaps a paradigm shift where the state does not have the same sort of ability to do seasonal hiring, and HB 209 would fix that. In his region, he related, tree and brush lines are rising, and the bill responds to that reality; in addition, trails act as firebreaks. He surmised that HB 209 would improve the state's ability to capture some of these federal dollars to save lives and keep fires smaller. 1:17:51 PM REPRESENTATIVE CRONK said he is hoping this will get more employment in Alaska's villages as well as interagency partnerships to use these people doing good work for Alaska. It will keep money in Alaska rather than spending lots of money to bring crews up from the Lower 48. 1:18:52 PM NORMAN MCDONALD, Fire Program Manager, Division of Forestry & Fire Protection, Department of Natural Resources (DNR), testified in support of HB 209. He said the bill is a manifestation of Alaska's need to build capacity and face a rapidly increasing wildland fire challenge. The bill will help the division achieve its mission of fire prevention and suppression, providing safety to Alaskans statewide. It will also provide jobs and training for Alaskans, primarily those in rural communities. MR. MCDONALD explained that removing the funding impediment in AS 41.15.030 will allow DNR to use already allocated general funds to pay EFF for non-emergency fire prevention work during periods of low fire activity in shoulder seasons both spring and fall. Benefits of this work include training of EFF employees in firefighting skills, improving the division's ability to put in fuel breaks around communities, and saving potentially tens of millions of dollars in fire suppression costs down the line. MR. MCDONALD specified that while HB 209 allows general funds to be used for EFF in non-emergency tasks, the division is suggesting to only use funds that have already been appropriated for fuels reduction and prevention work, thus the zero fiscal note. In the last two years, the division has received $17 million in hazard fuels reduction funds from the state and continues to receive more federal funds. The EFF work will continue to be limited to fire response and fire prevention related activities. The division's firefighting mission has increased dramatically as Alaska and the nation face more intense and longer fire seasons. 1:21:17 PM MR. MCDONALD said the division's first primary mission is to protect Alaskans from wildland fire and build hazardous fuel breaks around communities to protect homes and businesses. The division currently does not have sufficient personnel to staff to Preparedness Level 3 (PL 3), a normal high fire danger day in Alaska. In the past, EFF crews supplemented the permanent and private sector force. The lack of consistent EFF crews has led to a drastic decline in their number from approximately 56 crews in 2010 to under eight in 2021, with the most notable loss of crews being in rural villages. Now critically understaffed, the division relies on importing Lower 48 crews, which is problematic because Alaska competes with every other state for these crews and is not always able to receive help. It can take as long as 72 hours to get Lower 48 crews deployed to an incident, whereas a quick, aggressive initial attack with local forces helps limit fire size, duration, and cost. Importing firefighters and support staff far exceeds the cost of using Alaska resources. For example, a 22-person Alaska crew on a fire assignment costs roughly $6,500 a day while a Lower 48 crew costs nearly $13,500 a day. Also, Lower 48 crews are unfamiliar with Alaska's fuel types and fire behavior while Alaskan crews know the most effective tactics for Alaska's landscapes. Rebuilding and creating a self-sufficient Alaskan firefighting force will reduce the likelihood, intensity, and damage of wildland fires near populated areas and could significantly reduce the cost of fighting future fires. MR. MCDONALD stated that the division's second primary mission is hazardous fuels mitigation, a pro-active fire prevention program that reduces fire risk around communities, and which is a cost effective and efficient method of fighting fire. Currently the division has 16 projects underway, five more are planned for 2022, and 16 more are in the planning stages for 2023 through 2025. More resources are needed for fuels projects, and these projects will give the division an opportunity to hire rural Alaskan crews. When a fire starts, they will be trained and ready to deploy to fires. 1:24:22 PM MR. MCDONALD related that HB 209 will give the division a way to provide secure and stable jobs for rural Alaskans, which will assist in recruitment and retention of a wildland firefighting force. He said EFF resources will most benefit in rural communities where access to contracted resources, heavy equipment, and traditional fuels reduction workforce is limited. Without these EFF crews Alaska's rural communities may not receive the same level of protection as roadside communities. MR. MCDONALD advised that HB 209 also dovetails perfectly with the division's request in the governor's budget to reinstate the Wildland Firefighter Academy, for which the budget was cut in 2016. Reinstating the academy will provide career training and jobs for new firefighters and support staff in rural and urban Alaska. Workforce development is the key to rebuilding Alaska's wildland firefighting capacity. Training firefighters in rural communities will help build the division's pool of recruits to work on fuels projects and fire suppression. MR. MCDONALD added that HB 209 will provide steady employment opportunities for rural-based firefighting crews who will strengthen local economies and enhance public safety in Alaska as well as the Lower 48 because EFF crews can be deployed at fires at the national level. Increasing the number of EFF crews will also increase the number of qualified applicants for permanent DNR positions. The bill aligns with the division's integrated plan to enhance public safety, create a sustainable workforce, and promote economic opportunities. 1:26:19 PM ALISON ARIANS, Special Projects Coordinator, Division of Forestry & Fire Protection, Department of Natural Resources (DNR), addressed Representative Gillham's question about the fiscal note. She explained that it is a zero fiscal note because this is only applying to funds that have already been allocated. The fiscal year 2021 and 2022 appropriated $17 million for fire risk reduction and fuel break activities with the intent of establishing a pro-active annual program to reduce wildfire risk near communities. That would in turn reduce undesignated general fund (UGF) expenses on fire suppression in the future. The division is faced with spending down the $17 million with a combination of options, including private companies and EFF, but the division cannot use EFF non-emergency funds. No more funds are being asked for because the funds have already been appropriated. MS. ARIANS addressed Representative Hopkins' question. She said the division is looking at lots more federal funds coming online because of the federal [2021 Infrastructure Investment and Jobs Act (IIJA)]. State general funds can be used as match to obtain far greater federal awards in the future, making good use of state funds. MS. ARIANS spoke to how the division will fund this in the future. She specified that there will be federal funds and the division can carry over funds into the fuel reduction fund using the unobligated general fund balance that was already slated for the suppression activity component fund, from which the division received $2 million in FY 22. 1:29:00 PM REPRESENTATIVE FIELDS referenced the apocalyptic fires seen in the Pacific Northwest, which had crews from multiple states. He surmised that if Alaska does not build its own capacity in-state it faces the growing risk of being unable to get crews from the Lower 48 should a large fire in Alaska coincide with a [Pacific Northwest] mega-fire. MS. ARIANS replied "absolutely," but deferred to Mr. McDonald to answer further. MR. MCDONALD agreed that that is a very real concern. For example, he said, 2021 was a moderate season in Alaska but a busy season in the Lower 48 and the division was unable to get the crews it requested. In 2019, the division was able to import 5,200 firefighters from the Lower 48 because it was a very slow season in the Lower 48. But, he warned, if Alaska has another season like 2019 and the Lower 48 experiences a season like it did in 2021, those resources will not be available, and the division will have some very tough decisions on what gets protected and what does not. REPRESENTATIVE FIELDS noted the fire season in the Lower 48 is now approaching year-round. He asked whether some of Alaska's crews might be able to go work in the Lower 48 and sustain year- round employment, which might help with recruitment. MR. MCDONALD answered that the division's support within the Lower 48 is contingent upon fire danger in Alaska being reduced to a level where that can be done. Alaska resources were in California into November [2021] and Alaska sent firefighters to the Lower 48 around Christmas. He agreed the fire season has turned to a fire year and said Alaska's fire season continues to start earlier in the spring and end later in the fall. 1:32:10 PM REPRESENTATIVE HOPKINS noted HB 209 allows for utilizing these emergency firefighters during non-emergency firefighting times and tasks. He asked whether this would take money and opportunities away from local contractors that have been working on fuel breaks. MS. ARIANS replied that the division would use all the resources possible to address this, and EFF is just one piece. She deferred to Mr. McDonald to elaborate. MR. MCDONALD responded that the division does fuels mitigation utilizing a variety of resources. In Fairbanks, for example, private contractors with dozers and roller choppers are being used in maintenance. The crews shine at creating shaded fuel breaks where larger, healthier trees are left and the dead and down beetle-killed trees that create ground fires are removed. There are places where the right tool for [fuels mitigation] is a private contractor with heavy equipment, right places for bringing in professional fallers to do technical falling, and right places for EFF if HB 209 is passed. 1:34:33 PM REPRESENTATIVE HANNAN asked how the crews would be funded in a scenario in which the $17 million is spent over the next two years but not all the firebreaks are cut, and then there is a rainy year during which the division wants to put crews to work. MS. ARIANS addressed what will happen once [the current] fuels reduction fund runs out. She said rain does not affect whether the division can use the funds for fuels. She reiterated that the division received $2 million in the fiscal year 2022 (FY 22) budget to add to the fuels fund for use in the future. She stated that the division will continue applying for federal funds to do fuel breaks whether it is rainy, or hot and dry and burning, because in the future those fuel breaks help to manage and prepare for fires so that they don't affect communities. Rolling over fire suppression funds to the fuels fund is a way that the division could in the future fund more state funds as a way of future-proofing the fuels fund. REPRESENTATIVE HANNAN recognized there are seasons with many fires and seasons with few fires. She asked how often fire suppression money is left over at the end of a field season that can be rolled over into the fire fuels reduction fund. MS. ARIANS deferred to Mr. McDonald to provide an answer. 1:37:40 PM MR. MCDONALD confirmed it does vary from year to year. He said the use of unspent suppression funds is one of several options the division is looking at to continue the fuels funding. He pointed out that currently there is a huge push nationally for fuels and fuels reduction, and that this year and moving into the future there will be a lot of federal funds available to support that in every state. Alaska will compete with all the western states for this type of funding and the division has staff to do that. The state fund that the division has and will use in the future will go to leverage federal funding. Federal dollars cannot be used for maintenance of the existing fuels projects or fuels breaks that were completed over the last 20 years; it is the state's responsibility to do that. Maintenance is much cheaper than the initial implementation or development of those projects, so having state funds available to do this maintenance and keeping those fuel breaks viable is a very important piece to that funding. REPRESENTATIVE HANNAN asked how many seasons of fuel reduction work could be funded with that fund during a low fire year and the use of all EFF crews. MR. MCDONALD responded that right now the division's EFF crew is down to eight. He said the intent is to build to about 25 crews since returning to the former number of 50-70 crews is probably a stretch. Through a combination of HB 209, academy training, and some of the division's other programs, a 20-25 crew roster should be achievable and the right size for Alaska. More will be accomplished on fuels projects during slower seasons than during a season like 2019 where all hands were on deck all season for wildland fire. While more will be produced with 20 crews than with eight, he doesn't have an answer off the top of his head. He offered to come up with a scale of what 8 crews can produce versus 20. REPRESENTATIVE HANNAN said that would be unnecessary as she was only asking in case Mr. McDonald already had an estimate. 1:42:16 PM REPRESENTATIVE GILLHAM offered his understanding that federal funds could be used for the initial firebreak, but that state funds must be used for the maintenance. MR. MCDONALD confirmed that federal funds cannot be used on maintenance of fuel breaks that were already started with federal funds; it is the state's responsibility for maintenance. 1:43:03 PM CHAIR PATKOTAK opened public testimony on HB 209. 1:43:29 PM CHARLES SINK, Chair, Alaska Wildland Fire Coordinating Group, related that the Alaska Wildland Fire Coordinating Group is an inter-agency policymaking group comprised of state, federal, and Native representatives. He further related that he has worked 20 years for Chugachmiut, a Native nonprofit that maintains a 20-person Type 2 fire crew with a 5-person fuel break crew. He said he has been integrally involved with trying to maintain the EFF crews and Native crews around the state, and that Chugachmiut's crews have worked on several fuel breaks. MR. SINK noted that the number of EFF crews has gone down from about 70 in the 1990s to the current number of eight. One of the many reasons for that, he explained, is that when developing wildland fire crews and fuel break crews is the consistency of being able to work. Being unable to maintain longer-term employment resulted in the loss of workforce and the falling apart of village crews. Training is key because developing a 22-person fire crew takes consistency and training together to make that work. MR. SINK addressed the use of private mechanical contractors that use machines to help maintain fuel breaks. He said Chugachmiut does a combination of mechanical work that it hires out privately along with fire crews that do the handwork portion that goes along with the mechanical work. Chugachmiut has enjoyed a lot of success over the 22 years that it has been involved in wildland firefighting. Chugachmiut has trained a lot of firefighters that now run crews or work in the agencies and participate productively in wildland firefighting in the natural resource field. Mr. Sink shared that in his 2004 study of workforce development of EFF crews he found that one two-week deployment of a wildland firefighter group from a very small village had an impact of 10-15 percent of the total gross revenue for those small Native communities. 1:47:12 PM CHAIR PATKOTAK, after ascertaining that no one else wished to testify, closed public testimony on HB 209. CHAIR PATKOTAK announced that HB 209 was held over.