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.