SERC Statutes



Executive Summary

State Legislation related to SERC

 Alaska Statutes 26.23.071 and 26.23.073 establish the requirement for a SERC and LEPC’s.  It also outlines the responsibilities of each of these organizations.  

§ 26.23.071                               MILITARY AFFAIRS AND VETERANS                 page 308 

Sec. 26.23.071. Alaska State Emergency Response Commission.

(a) The Alaska State Emergency Response Commission is established in the Department of Military and Veterans’ Affairs.

(b) The Commission consists of State Department commissioners of Commerce, Community and Economic Development, Environmental Conservation, Fish and Game, Health and Social Services, Labor, Natural Resources, Public Safety, and Transportation and Public Facilities, or the designees of the commissioners, the adjutant general of the Department of Military and Veterans Affairs or a designee, and seven members of the public appointed by the governor, two of whom must be members of a local emergency planning committee for an emergency planning district that is predominantly rural in character and two of whom must be members of a local emergency planning committee for an emergency planning district that is predominantly urban in character. Two of the other three members of the public who are appointed to the commission must be members of the governing body of, or the mayor of, a political subdivision that has a local emergency planning committee or a person who, in the opinion of the governor, is otherwise appropriate to represent the political subdivision. The United States Department of Defense — Alaska Command, the Federal Emergency Management Agency, the U.S. Environmental Protection Agency, and the United States Coast Guard may each appoint a representative to serve on the Commission in an ex-officio, nonvoting capacity. To the extent practicable, the Commission must include members with expertise in the emergency response field.

(c) The adjutant general of the Department of Military and Veterans Affairs, or the adjutant general’s designee, and the commissioner of Environmental Conservation, or the commissioner’s designee, shall co-chair the Commission. The Department of Military and Veterans Affairs shall provide staff support to the Commission.

(d) Members of the commission other than those from the designated state departments serve at the pleasure of the governor for staggered terms of three years. Members of the commission serve without compensation but are entitled to per diem and travel expenses authorized for members of boards and commissions under AS 39.20.180.

(e) The Commission shall

(1) serve as the State Emergency Response Commission required under 42 USCS 11001

— 11005;

(2) facilitate the preparation and implementation of all emergency plans prepared by State agencies under other authorities; the statewide, interjurisdictional, and local plans prepared under this chapter; and the State and regional plans prepared under AS 46.04.200 — 46.04.210;

(3) review the plans described in (2) of this subsection according to the criteria established in AS 26.23.077;

(4) designate, and revise as necessary; the boundaries of emergency planning districts under AS 26.23.073;

(5) establish a local emergency planning committee under AS 26.23.073(d) for each emergency planning district;

(6) supervise and coordinate the activities of local emergency planning committees;

(7) establish procedures for receiving and processing requests from the public for information under 42 USC 11044, including tier II information under 42 USC 11022; procedures established under this paragraph shall designate the Department of Environmental Conservation as the state agency to receive and process these requests on behalf of the commission;

(8) review reports about responses to disaster emergencies and make recommendations to the appropriate parties involved in the response concerning improved prevention and preparedness;

(9) perform other coordinating, advisory, or planning tasks related to emergency planning and preparedness for all types of hazards, community right-to-know reporting, toxic chemical release reporting, or management of hazardous substances;

(10) recommend procedures to integrate, as appropriate, hazardous substance response planning under 42 USC 11001 — 11005, federal contingency planning under 33 USC 1321 and other federal laws applicable to hazardous substance discharges., and state, regional, and local planning under this chapter and AS 46.04.200 — 46.04.210;

(11) to the extent consistent with the constitution and law of the state, perform all other functions prescribed for state emergency response commissions under 42 USC 11001 — 11005; and

(12) adopt regulations necessary to carry out the purposes of AS 26.23.071 — 26.23.077 and 42 US. 11001 — 11005. (§ 12 ch 32 SLA 1994; am § 4 ch 71 SLA 1997)

 

 

§ 26.23.073                               MILITARY AFFAIRS AND VETERANS                        page 310

 

Sec. 26.23.073. Emergency Planning Districts and Committees.

(a) The Commission shall set the boundaries of local emergency planning districts.The Commission shall set the boundaries of a district so that they are coextensive with the boundaries of a single political subdivision except when it would be more appropriate, based on findings of the commission, for the district to include more than one political subdivision or some area that is not contained within a political subdivision. Before the Commission sets the boundaries for a district under this subsection so that it includes more than one political subdivision or some area that is not within a political subdivision, the Commission shall consult the emergency response organizations and the political subdivisions in the proposed district.

(b) If, after the Commission sets boundaries for districts under (a) of this section, there remain areas of the state that are not included in any district, those areas constitute a local emergency planning district.

(c) If the Commission sets boundaries for a district under this section that includes more than one political subdivision, the Commission shall recommend to the governor the designation of an interjurisdictional disaster planning and service area under AS 26.23.070 whose boundaries are coextensive with the boundaries of the local emergency planning district established under this section.

(d) The Commission shall appoint the members of a local emergency planning committee for each emergency planning district established under (a) and (b) of this section. In making appointments for a district that contains only one political subdivision, the Commission shall follow the recommendations of the political subdivision, if those recommendations would constitute a committee that meets the requirements of this subsection. In making appointments for a district that contains more than one political subdivision, the commission shall consider the recommendations of each political subdivision and follow the recommendations to the extent that the political subdivisions are in agreement and their recommendations would constitute a committee’ that meets the requirements of this subsection. To the extent required under regulations that may be adopted by the Commission, the political subdivisions in a district that includes more than one political subdivision shall follow a process under which they develop coordinated recommendations to submit to the Commission under this subsection. In making appointments for a district that includes some area that is not contained within a political subdivision, the Commission shall consider the recommendations of emergency response organizations in the district. In making appointments for the district formed under (b) of this section, the Commission shall attempt to achieve equitable geographical representation on the committee. Except as provided in (e) of this section, each committee must include, at a minimum, representatives of each of the following seven categories:

(1) elected local officials;

(2) law enforcement, civil defense, fire fighting, first aid, health, local environmental, hospital, and transportation personnel;

(3) broadcast or print media;

(4) community groups;

(5) owners and operators of facilities subject to the requirements of 42 USC 11001— 11005;

(6) representatives of a local or interjurisdictional disaster planning and service area if one has been established that includes part of the district; and

(7) members of the public that are not described in (1) — (6) of this subsection.

(e) If advertisement and the commission’s own initiative do not result in the acceptance of appointment to a committee by at least one person from a category under (d)(1)

— (7) of this section, the requirement of (d) of this section that there be representation of that category on that committee is suspended until sufficient willing appointees become available.

(f) A person may request the commission to change the membership of a local emergency planning committee.

(g) Each local emergency planning committee shall

(1) establish procedures for receiving and processing requests from the public for information under 42 USC 11044, including tier II information under 42 USC 11022;

(2) appoint a chair and establish rules by which the committee shall function, including provisions for public notification of committee activities, public advertising of positions available on the committee, public meetings to discuss the emergency plan, public comments, response to the comments by the committee, distribution of the emergency plan, and designation of an official to serve as coordinator for information;

(3) prepare and periodically review an emergency plan in accordance with 42 US. 1003(a) in a manner that includes coordination with the political subdivisions covered y the plan;

(4) evaluate the need for resources necessary to develop, implement, and exercise the emergency plan, and submit recommendations to the political subdivisions in the emergency planning district with respect to the resources that may be required and the means for providing the resources;

(5) to the extent consistent with the constitution and law of the state, perform all other functions prescribed for emergency planning committees in 42 USC 11001 — 11005;

(6) to the extent considered advisable by the committee, make recommendations to political subdivisions, representatives of interjurisdictional disaster planning and service areas, and state agencies about the preparation of local, state, and interjurisdictional plans; and

(7) serve as an advisory committee to the political subdivisions within the emergency planning district or the interjurisdictional planning and service area established under AS 26.23.070 with respect to emergency planning, training, and response.

(h) A state agency represented on the Commission shall, upon request, provide technical assistance to a local emergency planning committee in the performance of its duties under this section. (§ 12 ch 32 SLA 1994)