Alaska Stat. § 26.23.071

Current through Chapter 61 of the 2024 Legislative Session and 2024 Executive Orders 125, 133 through 135
Section 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 the commissioners of commerce, community, and economic development, environmental conservation, fish and game, health , labor and workforce development, 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 United States 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 U.S.C. 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, including the Alaska intrastate mutual aid system; 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 U.S.C. 11044, including tier II information under 42 U.S.C. 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 U.S.C. 11001 - 11005, federal contingency planning under 33 U.S.C. 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 U.S.C. 11001 - 11005; and
(12) adopt regulations necessary to carry out the purposes of AS 26.23.071 - 26.23.077, 26.23.500 - 26.23.549, and 42 U.S.C. 11001 - 11005.

AS 26.23.071

Amended by AK 2022 Executive Order 121,sec. 14, eff. 7/1/2022.
Amended by SLA 2012, ch. 67,sec. 3, eff. 9/16/2012.