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SENATE BILL NO. 195
IN THE LEGISLATURE OF THE STATE OF ALASKA
THIRTY-FOURTH LEGISLATURE - FIRST SESSION
BY THE SENATE STATE AFFAIRS COMMITTEE BY REQUEST
Introduced: 5/16/25
Referred: State Affairs, Finance
A BILL
FOR AN ACT ENTITLED
"An Act relating to slow onset disasters; and relating to the Alaska Disaster Act." 1
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 2
* Section 1. AS 26.23.010 is amended to read: 3
Sec. 26.23.010. Purposes. The purposes of this chapter are to 4
(1) reduce the vulnerability of people and communities of this state to 5
damage, injury, and loss of life and property resulting from a disaster; 6
(2) prepare for the prompt and efficient rescue, care, and tre atment of 7
persons victimized or threatened by a disaster; 8
(3) provide a setting conducive to the rapid and orderly start o f 9
rehabilitation of persons and restoration of property affected by a disaster; 10
(4) clarify and strengthen the roles of the governor, state ag encies, and 11
local governments in prevention of, preparation for, response t o, and recovery from a 12
disaster; 13
(5) authorize and provide for cooperation in disaster preventi on, 14
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preparedness, response, and recovery; 1
(6) authorize and provide for the coordination of activities r elating to 2
disaster prevention, preparedne ss, response, and recovery by ag encies and officers of 3
the state, and similar state-local, inter-state, federal-state, and foreign activities in 4
which the state and its political subdivisions may participate; [AND] 5
(7) assist in the prevention of disasters caused or aggravated b y 6
inadequate planning for, and re gulation of, public and private facilities and land use ; 7
and 8
( 8 ) a s s i s t i n m i t i g a t i n g s l o w o n s e t d i s a s t e r s a n d o t h e r d i s a s ters 9
caused by a changing climate. 10
* Sec. 2. AS 26.23.040(a) is amended to read: 11
(a) The Alaska division of homel and security and emergency man agement 12
shall prepare and maintain a state emergency plan and keep it c urrent. The plan may 13
include provisions for 14
(1) prevention and minimization of injury and damage caused by 15
disasters; 16
(2) prompt and effective response to disasters; 17
(3) emergency relief; 18
(4) identification of geographical areas, municipalities, citi es, o r 19
villages especially vulnerable to a disaster; 20
(5) recommendations for 21
(A) zoning, building, and other land use controls; 22
( B ) s a f e t y m e a s u r e s f o r s e c u r i n g m o b i l e h o m e s o r o t h e r 23
nonpermanent or semi-permanent structures; and 24
(C) other preventive and preparedness measures designed to 25
eliminate or reduce disasters or their impact; 26
(6) assistance to local officials in designing local emergency action 27
plans; 28
(7) authorization and procedur es for the construction of tempo rary 29
works designed to protect against or mitigate danger, damage, or loss from a disaster; 30
(8) organization of manpower and chains of command; 31
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(9) coordination of federal, state, and local disaster activities; 1
(10) coordination of the state emergency plan with the disaster plans of 2
the federal government; [AND] 3
(11) identification of potential slow onset disasters and measures to 4
mitigate a slow onset disaster; and 5
(12) other matters necessary to carry out the purposes of this chapter. 6
* Sec. 3. AS 26.23.040(c) is amended to read: 7
(c) In preparing and maintaining the state emergency plan, the Alaska division 8
of homeland security and emergency management shall seek the ad vice and assistance 9
of local government, business, labor, industry, agriculture, climate scientists, civic 10
and volunteer organizations , and community leaders. In advising local and 11
interjurisdictional disaster pla nners, the office shall encoura ge them also to seek 12
advice from these sources. 13
* Sec. 4. AS 26.23.040(e) is amended to read: 14
(e) The Alaska division of homel and security and emergency man agement 15
shall 16
(1) determine requirements of the state and its political subd ivisions 17
for food, clothing, and other necessities in the event of a disaster emergency; 18
(2) procure and pre-position supplies, medicines, materials, a nd 19
equipment; 20
(3) adopt standards and requireme nts for local and interjurisd ictional 21
disaster plans; 22
(4) periodically review local and interjurisdictional disaster plans; 23
(5) establish and operate, or assist political subdivisions, t heir disaster 24
agencies, and representatives of interjurisdictional disaster p lanning and service areas 25
to establish and operate, training programs; 26
(6) plan and make arrangements for the availability and use of a n y 27
private facilities, services, and property and, if necessary an d if in fact used, provide 28
for payment for use under terms and conditions agreed on [UPON] by the parties; 29
(7) establish a register of persons , including climate scientists, with 30
types of training and skills im portant in disaster prevention, preparedness, response, 31
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and recovery; 1
(8) prepare, for issuance by th e governor, orde rs, proclamations, and 2
regulations as necessary or appropriate in coping with disasters; 3
(9) cooperate with the federal government and any public or pr ivate 4
agency or entity in achieving any purpose of this chapter and i n implementing 5
programs for disaster prevention, preparedness, response, and recovery; 6
(10) develop and carry out procedures and policies to effectiv ely 7
employ disaster relief funds made available by the governor's a uthority or by special 8
legislative action; these proce dures shall include application and documentation by 9
disaster victims or applicants, review, verification and fundin g approval, and 10
processing of appeals; 11
(11) do other things necessary or proper for the implementatio n of this 12
chapter; 13
(12) coordinate the operation of the Alaska intrastate mutual aid 14
system among participating po litical subdivisions of the state and develop, in 15
coordination with the political subdivisions and appropriate state and federal agencies, 16
comprehensive guidelines and procedures for the Alaska intrasta te mutual aid system, 17
including record keeping and reimbursement procedures and forms for use by political 18
subdivisions requesting and providing assistance; 19
(13) to the extent that money is available from an appropriation for the 20
purposes of this paragraph, 21
(A) award grants for the purpose of forming local emergency 22
planning committees under AS 26.23.073; 23
( B ) [ I N O R D E R T O C O M P L Y W I T H 4 9 U . S . C . 24
5116(a)(2)(B),] make funds available to local emergency plannin g committees 25
for developing and maintaining emergency plans under AS 26.23.0 73 and 26
26.23.075; 27
(C) make funds available to local emergency planning 28
committees to implement 42 U.S.C. 11022(e) and 42 U.S.C. 11044; and 29
( D ) a w a r d g r a n t s f o r t r a i n i n g l o c a l e m e r g e n c y p l a n n i n g 30
committees and for training and equipping the emergency respons e 31
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organizations identified in the l ocal plans that execute the pl ans developed by 1
the committees under AS 26.23.073 and 26.23.075. 2
* Sec. 5. AS 26.23.050(a) is amended to read: 3
(a) It is the intent of the leg islature, and declared to be th e policy of the state, 4
that funds to meet disaster emergencies and slow onset disasters will always be 5
available. 6
* Sec. 6. AS 26.23.071(b) is amended to read: 7
(b) The commission consists of the commissioners of commerce, community, 8
and economic development, envir onmental conservation, fish and game, health, labor 9
and workforce development, natural resources, public safety, an d transportation and 10
public facilities, or the designees of the commissioners, the a djutant general of the 11
Department of Military and Veterans' Affairs or a designee, and nine [SEVEN] 12
members of the public appointed by the governor, two of whom must be members of a 13
local emergency planning committee for an emergency planning di strict that is 14
predominantly rural in character , [AND] two of whom must be members of a local 15
emergency planning committee for an emergency planning district that is 16
predominantly urban in character, and two of whom must be experts in climatology 17
or slow onset disasters . Two of the other three me mbers of the public who are 18
appointed to the commission must be members of the governing body of, or the mayor 19
of, a political subdivision that has a local emergency planning committee or a person 20
who, in the opinion of the govern or, is otherwise appropriate t o represent the political 21
subdivision. The United States Dep artment of Defense - Alaska C ommand, the 22
Federal Emergency Management Agency, the United States Environm ental Protection 23
Agency, and the United States Coast Guard may each appoint a representative to serve 24
on the commission in an ex-officio, nonvoting capacity. To the extent practicable, the 25
commission must include members with expertise in the emergency response field. 26
* Sec. 7. AS 26.23.073(d) is amended to read: 27
(d) The commission shall appoint the members of a local emerge ncy planning 28
committee for each emergency planning district established unde r (a) and (b) of this 29
section. In making appointments fo r a district that contains on ly one political 30
subdivision, the commission shall follow the recommendations of the political 31
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subdivision if those recommendations would constitute a committ ee that meets the 1
requirements of this subsection. In making appointments for a d istrict that contains 2
more than one political subdivision, the commission shall consi der the 3
recommendations of each political subdivision and follow the re commendations to the 4
extent that the political subdivisions are in agreement and the ir recommendations 5
would constitute a committee that meets the requirements of thi s subsection. To the 6
extent required under regulations that may be adopted by the co mmission, the political 7
subdivisions in a district that includes more than one political subdivision shall follow 8
a process under which they devel op coordinated r ecommendations to submit to the 9
commission under this subsection. In making appointments for a district that includes 10
some area that is not contained within a political subdivision, the commission shall 11
consider the recommendations of emergency response organization s in the district. In 12
making appointments for the district formed under (b) of this s ection, the commission 13
shall attempt to achieve equitable geographical representation on the committee. 14
Except as provided in (e) of this section, each committee must include, at a minimum, 15
representatives of each of the following eight [SEVEN] categories: 16
(1) elected local officials; 17
(2) law enforcement, civil defense, fire fighting, first aid, health, local 18
environmental, hospital, and transportation personnel; 19
(3) broadcast or print media; 20
(4) community groups; 21
(5) owners and operators of facilities subject to the requirem ents of 42 22
U.S.C. 11001 - 11005; 23
(6) representatives of a local or interjurisdictional disaster planning 24
and service area if one has been established that includes part of the district; [AND] 25
(7) experts on climatology or slow onset disasters; and 26
(8) members of the public that are not described in (1) - (7) [(1) - (6)] 27
of this subsection. 28
* Sec. 8. AS 26.23.073(e) is amended to read: 29
(e) If advertisement and the commission's own initiative do no t result in the 30
acceptance of appointment to a committee by at least one person from a category 31
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under (d)(1) - (8) [(d)(1) - (7)] of this section, the requirement of (d) of this section 1
that there be representation of that category on that committee is suspended until 2
sufficient willing appointees become available. 3
* Sec. 9. AS 26.23.073(g) is amended to read: 4
(g) Each local emergency planning committee shall 5
(1) establish procedures for receiving and processing requests from the 6
public for information under 42 U.S.C. 11044, including tier II information under 42 7
U.S.C. 11022; 8
(2) appoint a chair and establis h rules by which the committee shall 9
function, including provisions for public notification of commi ttee activities, public 10
advertising of positions availa ble on the committee, public mee tings to discuss the 11
emergency plan, public comments, response to the comments by th e committee, 12
distribution of the emergency plan, and designation of an offic ial to serve as 13
coordinator for information; 14
(3) prepare and periodically review an emergency plan in accor dance 15
with 42 U.S.C. 11003(a) in a manne r that includes coordination with the political 16
subdivisions covered by the plan; 17
(4) evaluate the need for resources necessary to develop, impl ement, 18
and exercise the emergency plan, and submit recommendations to the political 19
subdivisions in the emergency planning district with respect to the resources that may 20
be required and the means for providing the resources; 21
(5) to the extent consistent with the constitution and law of the state, 22
perform all other functions presc ribed for emergency planning c ommittees in 42 23
U.S.C. 11001 - 11005; 24
(6) to the extent considered advisable by the committee, make 25
recommendations to political subdivisions, representatives of i nterjurisdictional 26
disaster planning and service ar eas, and state agencies about t he preparation of local, 27
state, and interjurisdictional plans; [AND] 28
(7) serve as an advisory committee to the political subdivisio ns within 29
the emergency planning district or the interjurisdictional plan ning and service area 30
established under AS 26.23.070 with respect to emergency planni ng, training, and 31
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response; and 1
(8) evaluate the susceptibility of the emergency planning dist rict to 2
slow onset disasters and make a plan to mitigate slow onset disasters. 3
* Sec. 10. AS 26.23.075(a) is amended to read: 4
(a) An emergency plan prepared under AS 26.23.073 must include 5
(1) identification of facilities subject to the requirements o f 42 U.S.C. 6
11001 - 11005 that are within the emergency planning district, identification of routes 7
likely to be used for the transportation of substances on the list of extremely hazardous 8
substances referred to in 42 U. S.C. 11002(a), and identification of additional facilities 9
contributing or subjected to additional risk due to their proxi mity to facilities subject 10
to the requirements of 42 U.S. C. 11001 - 11005 such as hospital s or natural gas 11
facilities; 12
(2) methods and procedures to be followed by facility owners a nd 13
operators and local emergency and medical personnel to respond t o a r e l e a s e o f 14
hazardous substances or a release of substances on the list of extremely hazardous 15
substances referred to in 42 U.S.C. 11002(a); 16
(3) designation of an emergency coordinator, as required under 17
AS 26.23.060(d), and facility emergency coordinators, who shall make determinations 18
necessary to implement the emergency plan; 19
(4) procedures providing reliable, effective, and timely notif ication by 20
the facility emergency coordinators to persons designated in th e emergency plan, and 21
to the public, that a release h as occurred, consistent with the emergency notification 22
requirements of 42 U.S.C. 11004; 23
(5) methods for determining the occurrence of a release and th e area or 24
population likely to be affected by that release; 25
(6) a description of emergency equipment and facilities in the 26
community and at each facility in the community subject to the requirements of 42 27
U.S.C. 11001 - 11005, and an identification of the persons resp onsible for the 28
equipment and facilities; 29
(7) evacuation plans, including provisions for a precautionary 30
evacuation and alternative traffic routes; 31
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(8) training programs, including schedules for training of loc al 1
emergency response and medical personnel; [AND] 2
(9) methods and schedules for exercising the emergency plan; and 3
(10) plans to mitigate slow onset disasters. 4
* Sec. 11. AS 26.23.900(2) is amended to read: 5
(2) "disaster" means either a slow onset disaster or the occurrence or 6
imminent threat of widespread or severe damage, injury, loss of life or property, or 7
shortage of food, water, or fuel resulting from 8
(A) an incident such as storm, high water, wind-driven water, 9
tidal wave, tsunami, earthquake, volcanic eruption, landslide, mudslide, 10
avalanche, snowstorm, prolonged extreme cold, drought, fire, fl ood, epidemic, 11
explosion, or riot; 12
(B) the release of oil or a h azardous substance if the release 13
requires prompt action to avert environmental danger or mitigat e 14
environmental damage; 15
(C) equipment failure if the failure is not a predictably freq uent 16
or recurring event or preventabl e by adequate equipment mainten ance or 17
operation; 18
(D) enemy or terrorist attack or a credible threat of imminent 19
enemy or terrorist attack in or against the state that the adju tant general of the 20
Department of Military and Veterans' Affairs or a designee of t he adjutant 21
general, in consultation with the commissioner of public safety or a designee of 22
the commissioner of public safety, c e r t i f i e s t o t h e g o v e r n o r h as a high 23
probability of occurring in the ne ar future; the certification m u s t m e e t t h e 24
standards of AS 26.20.040(c); in t his subparagraph, "attack" ha s the meaning 25
given under AS 26.20.200; 26
(E) an outbreak of disease or a credible threat of an imminent 27
outbreak of disease that the commissioner of health or a design ee of the 28
commissioner of health certifies to the governor has a high pro bability of 29
occurring in the near future; the certification must be based o n specific 30
information received from a local, state, federal, or internati onal agency, or 31
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another source that the commissioner or the designee determines is reliable; or 1
(F) a cyber attack or serious cyber incident that affects crit ical 2
infrastructure in the state, an information system owned or ope rated by the 3
state or a political subdivision of the state, information that is stored on, 4
processed by, or transmitted on an information system owned or operated by 5
the state or a political subdivisi on of the state, or a credibl e threat of an 6
imminent cyber attack or serious cyber incident that the commis sioner of 7
administration or commissioner's designee certifies to the gove rnor has a high 8
probability of occurring in the near future; the certification must be based on 9
specific information that critical infrastructure in the state, an information 10
system owned or operated by th e state or a political subdivisio n of the state, or 11
information that is stored on, processed by, or transmitted on an information 12
system owned or operated by the state or a political subdivisio n of the state 13
may be affected; in this subparagraph, 14
(i) "critical infrastructure" means systems and assets, 15
whether physical or virtual, so vital to the state that the inc apacity or 16
destruction of the systems and assets would have a debilitating effect 17
on security, state economic secu rity, state public health or sa fety, or 18
any combination of those matters; 19
(ii) "serious cyber incident" means an incident that has 20
a confirmed effect on the conf identiality, integrity, or availa bility of 21
systems and data, has legal or p rivacy implications, affects ot her 22
agencies, or requires security experience or resources not othe rwise 23
available; 24
* Sec. 12. AS 26.23.900 is amended by adding a new paragraph to read: 25
(10) "slow onset disaster" incl udes drought, permafrost thaw, rising 26
sea level, coastal erosion, o cean acidification, desertificatio n, biodiversity loss, long-27
term air or water pollution, c limate-induced displacement, and other events resulting 28
from natural or human-influenced environmental processes that e merge gradually and 29
cause significant effects on ecosystems, infrastructure, public health, or communities. 30