House Bill 2020 — State of Washington, 68th Legislature, 2024 Regular Session
Summary
House Bill 2020 of the State of Washington, 68th Legislature, 2024 Regular Session, by Representatives Timmons, Abbarno, Leavitt and others, by request of Military Department. It was prefiled 12/22/23, read first time 01/08/24 and referred to the Committee on Innovation, Community & Economic Development, & Veterans. The act relates to creating a state administered public infrastructure assistance program within the emergency management division, amending RCW 38.52.010 and 38.52.030. Its findings state that the legislature intends to provide supplementary state assistance to county and federally recognized tribal governments for the cost of disaster-related response to public infrastructure damage when authorized under governor emergency proclamation.
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“House Bill 2020 — State of Washington, 68th Legislature, 2024 Regular Session.”
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Z-0470.2
HOUSE BILL 2020
State of Washington 68th Legislature 2024 Regular Session
By Representatives Timmons, Abbarno, Leavitt, Ryu, Ramel, Reed,
Ormsby, Rule, Donaghy, Doglio, Cheney, Reeves, Wylie, Paul, and
Shavers; by request of Military Department
Prefiled 12/22/23. Read first time 01/08/24. Referred to Committee
on Innovation, Community & Economic Development, & Veterans.
1 AN ACT Relating to creating a state administered public
2 infrastructure assistance program within the emergency management
3 division; amending RCW 38.52.010 and 38.52.030; and creating a new
4 section.
5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
6 NEW SECTION. Sec. 1. The legislature finds that the state is
7 experiencing disasters with greater frequency and longer duration,
8 causing damage to public infrastructure that is beyond the capacity
9 of local government and tribal government response. Furthermore,
10 these impacts to public infrastructure result in disruption of
11 essential services critical to the safety and well-being of
12 Washingtonians. Therefore, the legislature intends to provide
13 supplementary state assistance to county and federally recognized
14 tribal governments for the cost of disaster-related response to
15 address public infrastructure damage when authorized under governor
16 emergency proclamation.
17 Sec. 2. RCW 38.52.010 and 2022 c 203 s 2 are each amended to
18 read as follows:
19 As used in this chapter:
p. 1 HB 2020
1 (1) "911 emergency communications system" means a public 911
2 communications system consisting of a network, database, and on-
3 premises equipment that is accessed by dialing or accessing 911 and
4 that enables reporting police, fire, medical, or other emergency
5 situations to a public safety answering point. The system includes
6 the capability to selectively route incoming 911 voice and data to
7 the appropriate public safety answering point that operates in a
8 defined 911 service area and the capability to automatically display
9 the name, location, and telephone number of incoming 911 voice and
10 data at the appropriate public safety answering point.
11 (2) "Automatic location identification" means information about a
12 caller's location that is part of or associated with an enhanced or
13 next generation 911 emergency communications system as defined in
14 this section and RCW 82.14B.020 and intended for the purpose of
15 display at a public safety answering point with incoming 911 voice or
16 data, or both.
17 (3) "Automatic number identification" means a method for uniquely
18 associating a communication device that has accessed 911 with the
19 incoming 911 voice or data, or both, and intended for the purpose of
20 display at a public safety answering point.
21 (4) "Baseline level of 911 service" means access to 911 dialing
22 from all communication devices with service from a telecommunications
23 provider within a county's jurisdiction so that incoming 911 voice
24 and data communication is answered, received, and displayed on 911
25 equipment at a public safety answering point designated by the
26 county.
27 (5) "Broadcaster" means a person or entity that holds a license
28 issued by the federal communications commission under 47 C.F.R. Part
29 73, 74, 76, or 78.
30 (6)(a) "Catastrophic incident" means any natural or human-caused
31 incident, including terrorism and enemy attack, that results in
32 extraordinary levels of mass casualties, damage, or disruption
33 severely affecting the population, infrastructure, environment,
34 economy, or government functions.
35 (b) "Catastrophic incident" does not include an event resulting
36 from individuals exercising their rights, under the first amendment,
37 of freedom of speech, and of the people to peaceably assemble.
38 (7) "Communication plan," as used in RCW 38.52.070, means a
39 section in a local comprehensive emergency management plan that
40 addresses emergency notification of life safety information.
p. 2 HB 2020
1 (8) "Continuity of government planning" means the internal effort
2 of all levels and branches of government to provide that the
3 capability exists to continue essential functions and services
4 following a catastrophic incident. These efforts include, but are not
5 limited to, providing for: (a) Orderly succession and appropriate
6 changes of leadership whether appointed or elected; (b) filling
7 vacancies; (c) interoperability communications; and (d) processes and
8 procedures to reconvene government following periods of disruption
9 that may be caused by a catastrophic incident. Continuity of
10 government planning is intended to preserve the constitutional and
11 statutory authority of elected officials at the state and local level
12 and provide for the continued performance of essential functions and
13 services by each level and branch of government.
14 (9) "Continuity of operations planning" means the internal effort
15 of an organization to provide that the capability exists to continue
16 essential functions and services in response to a comprehensive array
17 of potential emergencies or disasters.
18 (10) "Department" means the state military department.
19 (11) "Director" means the adjutant general.
20 (12) "Emergency management" or "comprehensive emergency
21 management" means the preparation for and the carrying out of all
22 emergency functions, other than functions for which the military
23 forces are primarily responsible, to mitigate, prepare for, respond
24 to, and recover from emergencies and disasters, and to aid victims
25 suffering from injury or damage, resulting from disasters caused by
26 all hazards, whether natural, technological, or human caused, and to
27 provide support for search and rescue operations for persons and
28 property in distress. However, "emergency management" or
29 "comprehensive emergency management" does not mean preparation for
30 emergency evacuation or relocation of residents in anticipation of
31 nuclear attack.
32 (13)(a) "Emergency or disaster" as used in all sections of this
33 chapter except RCW 38.52.430 means an event or set of circumstances
34 which: (i) Demands immediate action to preserve public health,
35 protect life, protect public property, or to provide relief to any
36 stricken community overtaken by such occurrences; or (ii) reaches
37 such a dimension or degree of destructiveness as to warrant the
38 governor proclaiming a state of emergency pursuant to RCW 43.06.010.
39 (b) "Emergency" as used in RCW 38.52.430 means an incident that
40 requires a normal police, coroner, fire, rescue, emergency medical
p. 3 HB 2020
1 services, or utility response as a result of a violation of one of
2 the statutes enumerated in RCW 38.52.430.
3 (14) "Emergency response" as used in RCW 38.52.430 means a public
4 agency's use of emergency services during an emergency or disaster as
5 defined in subsection (13)(b) of this section.
6 (15) "Emergency services communication system" means a
7 multicounty or countywide communications network, including an
8 enhanced or next generation 911 emergency communications system,
9 which provides rapid public access for coordinated dispatching of
10 services, personnel, equipment, and facilities for police, fire,
11 medical, or other emergency services.
12 (16) "Emergency services communications system data" includes
13 voice or audio; multimedia, including pictures and video; text
14 messages; telematics or telemetrics; or other information that is
15 received or displayed, or both, at a public safety answering point in
16 association with a 911 access.
17 (17) "Emergency worker" means any person who is registered with a
18 local emergency management organization or the department and holds
19 an identification card issued by the local emergency management
20 director or the department for the purpose of engaging in authorized
21 emergency management activities or is an employee of the state of
22 Washington or any political subdivision thereof who is called upon to
23 perform emergency management activities.
24 (18) "Executive head" and "executive heads" means the county
25 executive in those charter counties with an elective office of county
26 executive, however designated, and, in the case of other counties,
27 the county legislative authority. In the case of cities and towns, it
28 means the mayor in those cities and towns with mayor-council or
29 commission forms of government, where the mayor is directly elected,
30 and it means the city manager in those cities and towns with council
31 manager forms of government. Cities and towns may also designate an
32 executive head for the purposes of this chapter by ordinance.
33 (19) "Expense of an emergency response" as used in RCW 38.52.430
34 means reasonable costs incurred by a public agency in reasonably
35 making an appropriate emergency response to the incident, but shall
36 only include those costs directly arising from the response to the
37 particular incident. Reasonable costs shall include the costs of
38 providing police, coroner, firefighting, rescue, emergency medical
39 services, or utility response at the scene of the incident, as well
40 as the salaries of the personnel responding to the incident.
p. 4 HB 2020
1 (20) "First informer broadcaster" means an individual who:
2 (a) Is employed by, or acting pursuant to a contract under the
3 direction of, a broadcaster; and
4 (b)(i) Maintains, including repairing or resupplying,
5 transmitters, generators, or other essential equipment at a broadcast
6 station or facility; or (ii) provides technical support services to
7 broadcasters needed during a period of proclaimed emergency.
8 (21) "Incident command system" means: (a) An all-hazards, on-
9 scene functional management system that establishes common standards
10 in organization, terminology, and procedures; provides a means
11 (unified command) for the establishment of a common set of incident
12 objectives and strategies during multiagency/multijurisdiction
13 operations while maintaining individual agency/jurisdiction
14 authority, responsibility, and accountability; and is a component of
15 the national interagency incident management system; or (b) an
16 equivalent and compatible all-hazards, on-scene functional management
17 system.
18 (22) "Injury" as used in this chapter shall mean and include
19 accidental injuries and/or occupational diseases arising out of
20 emergency management activities.
21 (23) "Interconnected voice over internet protocol service
22 provider" means a provider of interconnected voice over internet
23 protocol service as defined by the federal communications commission
24 in 47 C.F.R. Sec. 9.3 on January 1, 2009, or a subsequent date
25 determined by the department.
26 (24) "Life safety information" means information provided to
27 people during a response to a life-threatening emergency or disaster
28 informing them of actions they can take to preserve their safety.
29 Such information may include, but is not limited to, information
30 regarding evacuation, sheltering, sheltering-in-place, facility
31 lockdown, and where to obtain food and water.
32 (25) "Local director" means the director of a local organization
33 of emergency management or emergency services.
34 (26) "Local organization for emergency services or management"
35 means an organization created in accordance with the provisions of
36 this chapter by state or local authority to perform local emergency
37 management functions.
38 (27) "Next generation 911" means an internet protocol-based
39 system comprised of managed emergency services internet protocol
40 networks, functional elements (applications), and databases that
p. 5 HB 2020
1 replicate enhanced 911 features and functions as defined in RCW
2 82.14B.020(4) that provide additional capabilities designed to
3 provide access to emergency services from all connected
4 communications sources and provide multimedia data capabilities for
5 public safety answering points.
6 (28) "Next generation 911 demarcation point" means the location
7 and equipment that separates the next generation 911 network from:
8 (a) A telecommunications provider's network, known as the ingress
9 next generation 911 demarcation point; and
10 (b) A public safety answering point, known as the egress next
11 generation 911 demarcation point.
12 (29) "Next generation 911 emergency communications system" means
13 a public communications system consisting of networks, databases, and
14 public safety answering point 911 hardware, software, and technology
15 that is accessed by the public in the state through 911. The system
16 includes the capability to: Route incoming 911 voice and data to the
17 appropriate public safety answering point that operates in a defined
18 911 service area; answer incoming 911 voice and data; and receive and
19 display incoming 911 voice and data, including automatic location
20 identification and automatic number identification, at a public
21 safety answering point. "Next generation 911 emergency communications
22 system" includes future modernizations to the 911 system.
23 (30) "Next generation 911 emergency services internet protocol
24 network" means a managed internet protocol network used for 911
25 emergency services communications that is managed and maintained,
26 including security and credentialing functions, by the state 911
27 coordination office to provide next generation 911 emergency
28 communications from the ingress next generation 911 demarcation point
29 to the egress next generation 911 demarcation point. It provides the
30 internet protocol transport infrastructure upon which application
31 platforms and core services are necessary for providing next
32 generation 911 services. Next generation 911 emergency services
33 internet protocol networks may be constructed from a mix of dedicated
34 and shared facilities and may be interconnected at local, regional,
35 state, federal, national, and international levels to form an
36 internet protocol-based inter-network (network of networks).
37 (31) "Next generation 911 service" means public access to the
38 next generation 911 emergency communications system and its
39 capabilities by accessing 911 from communication devices to report
p. 6 HB 2020
1 police, fire, medical, or other emergency situations to a public
2 safety answering point.
3 (32) "Political subdivision" means any county, city or town.
4 (33) "Public agency" means the state, and a city, county,
5 municipal corporation, district, town, or public authority located,
6 in whole or in part, within this state which provides or may provide
7 firefighting, police, ambulance, medical, or other emergency
8 services.
9 (34) "Public infrastructure assistance" means supplementary state
10 assistance provided to county, local, and federally recognized tribal
11 governments or certain private, nonprofit organizations when
12 authorized under governor emergency proclamation for the cost of
13 disaster-related public property debris removal, emergency protective
14 measures to protect life and property, and permanent repair work to
15 damaged or destroyed public infrastructure.
16 (35) "Public safety answering point" means the public safety
17 location that receives and answers 911 voice and data originating in
18 a given area as designated by the county. Public safety answering
19 points must be equipped with 911 hardware, software, and technology
20 that is accessed through 911 and is capable of answering incoming 911
21 calls and receiving and displaying incoming 911 data.
22 (a) "Primary public safety answering point" means a public safety
23 answering point, as designated by the county, to which 911 calls and
24 data originating in a given area and entering the next generation 911
25 network are initially routed for answering.
26 (b) "Secondary public safety answering point" means a public
27 safety answering point, as designated by the county, that only
28 receives 911 voice and data that has been transferred by other public
29 safety answering points.
30 (((35))) (36) "Radio communications service company" means every
31 corporation, company, association, joint stock, partnership, and
32 person, their lessees, trustees, or receivers appointed by any court,
33 and every city or town making available facilities to provide
34 commercial mobile radio services, as defined by 47 U.S.C. Sec.
35 332(d)(1), or cellular communications services for hire, sale, and
36 both facilities-based and nonfacilities-based resellers, and does not
37 include radio paging providers.
38 (((36))) (37) "Search and rescue" means the acts of searching
39 for, rescuing, or recovering by means of ground, marine, or air
40 activity any person who becomes lost, injured, or is killed while
p. 7 HB 2020
1 outdoors or as a result of a natural, technological, or human-caused
2 disaster, including instances involving searches for downed aircraft
3 when ground personnel are used. Nothing in this section shall affect
4 appropriate activity by the department of transportation under
5 chapter 47.68 RCW.
6 (((37))) (38) "Telecommunications provider" means a
7 telecommunications company as defined in RCW 80.04.010, a radio
8 communications service company as defined in RCW 38.52.010, a
9 commercial mobile radio service provider as defined in 47 C.F.R. Sec.
10 20.3, providers of interconnected voice over internet protocol
11 service as defined in RCW 38.52.010, and providers of data services.
12 (((38))) (39) "Washington state patrol public safety answering
13 points" means those designated as primary or secondary public safety
14 answering points by the counties in which they provide service.
15 Sec. 3. RCW 38.52.030 and 2022 c 203 s 3 are each amended to
16 read as follows:
17 (1) The director may employ such personnel and may make such
18 expenditures within the appropriation therefor, or from other funds
19 made available for purposes of emergency management, as may be
20 necessary to carry out the purposes of this chapter.
21 (2) The director, subject to the direction and control of the
22 governor, shall be responsible to the governor for carrying out the
23 program for emergency management of this state. The director shall
24 coordinate the activities of all organizations for emergency
25 management within the state, and shall maintain liaison with and
26 cooperate with emergency management agencies and organizations of
27 other states and of the federal government, and shall have such
28 additional authority, duties, and responsibilities authorized by this
29 chapter, as may be prescribed by the governor.
30 (3) The director shall develop and maintain a comprehensive, all-
31 hazard emergency plan for the state which shall include an analysis
32 of the natural, technological, or human-caused hazards which could
33 affect the state of Washington, and shall include the procedures to
34 be used during emergencies for coordinating local resources, as
35 necessary, and the resources of all state agencies, departments,
36 commissions, and boards. The comprehensive emergency management plan
37 shall direct the department in times of state emergency to administer
38 and manage the state's emergency operations center. This will include
39 representation from all appropriate state agencies and be available
p. 8 HB 2020
1 as a single point of contact for the authorizing of state resources
2 or actions, including emergency permits. The comprehensive emergency
3 management plan must specify the use of the incident command system
4 for multiagency/multijurisdiction operations. The comprehensive, all-
5 hazard emergency plan authorized under this subsection may not
6 include preparation for emergency evacuation or relocation of
7 residents in anticipation of nuclear attack. This plan shall be known
8 as the comprehensive emergency management plan.
9 (4) In accordance with the comprehensive emergency management
10 plans and the programs for the emergency management of this state,
11 the director shall procure supplies and equipment, institute training
12 programs and public information programs, and shall take all other
13 preparatory steps, including the partial or full mobilization of
14 emergency management organizations in advance of actual disaster, to
15 insure the furnishing of adequately trained and equipped forces of
16 emergency management personnel in time of need.
17 (5) The director shall make such studies and surveys of the
18 industries, resources, and facilities in this state as may be
19 necessary to ascertain the capabilities of the state for emergency
20 management, and shall plan for the most efficient emergency use
21 thereof.
22 (6) The emergency management council shall advise the director on
23 all aspects of the communications and warning systems and facilities
24 operated or controlled under the provisions of this chapter.
25 (7) The director, through the state 911 coordinator, shall
26 coordinate and facilitate implementation and operation of a statewide
27 911 emergency communications network.
28 (8) The director shall appoint a state coordinator of search and
29 rescue operations to coordinate those state resources, services and
30 facilities (other than those for which the state director of
31 aeronautics is directly responsible) requested by political
32 subdivisions in support of search and rescue operations, and on
33 request to maintain liaison with and coordinate the resources,
34 services, and facilities of political subdivisions when more than one
35 political subdivision is engaged in joint search and rescue
36 operations.
37 (9) The director, subject to the direction and control of the
38 governor, shall prepare and administer a state program for emergency
39 assistance to individuals within the state who are victims of a
40 natural, technological, or human-caused disaster, as defined by RCW
p. 9 HB 2020
1 38.52.010(13). Such program may be integrated into and coordinated
2 with disaster assistance plans and programs of the federal government
3 which provide to the state, or through the state to any political
4 subdivision thereof, services, equipment, supplies, materials, or
5 funds by way of gift, grant, or loan for purposes of assistance to
6 individuals affected by a disaster. Further, such program may
7 include, but shall not be limited to, grants, loans, or gifts of
8 services, equipment, supplies, materials, or funds of the state, or
9 any political subdivision thereof, to individuals who, as a result of
10 a disaster, are in need of assistance and who meet standards of
11 eligibility for disaster assistance established by the department of
12 social and health services: PROVIDED, HOWEVER, That nothing herein
13 shall be construed in any manner inconsistent with the provisions of
14 Article VIII, section 5 or section 7 of the Washington state
15 Constitution.
16 (10) The director is authorized to administer a state program for
17 emergency assistance to county governments and federally recognized
18 tribes within the state that experience public infrastructure damage
19 due to a natural, technological, or human-caused disaster.
20 (11) The director shall appoint a state coordinator for
21 radioactive and hazardous waste emergency response programs. The
22 coordinator shall consult with the state radiation control officer in
23 matters relating to radioactive materials. The duties of the state
24 coordinator for radioactive and hazardous waste emergency response
25 programs shall include:
26 (a) Assessing the current needs and capabilities of state and
27 local radioactive and hazardous waste emergency response teams on an
28 ongoing basis;
29 (b) Coordinating training programs for state and local officials
30 for the purpose of updating skills relating to emergency mitigation,
31 preparedness, response, and recovery;
32 (c) Utilizing appropriate training programs such as those offered
33 by the federal emergency management agency, the department of
34 transportation and the environmental protection agency; and
35 (d) Undertaking other duties in this area that are deemed
36 appropriate by the director.
37 (((11))) (12) The director is responsible to the governor to lead
38 the development and management of a program for interagency
39 coordination and prioritization of continuity of operations planning
40 by state agencies. Each state agency is responsible for developing an
p. 10 HB 2020
1 organizational continuity of operations plan that is updated and
2 exercised annually in compliance with the program for interagency
3 coordination of continuity of operations planning.
4 (((12))) (13) The director shall maintain a copy of the
5 continuity of operations plan for election operations for each county
6 that has a plan available.
7 (((13))) (14) Subject to the availability of amounts appropriated
8 for this specific purpose, the director is responsible to the
9 governor to lead the development and management of a program to
10 provide information and education to state and local government
11 officials regarding catastrophic incidents and continuity of
12 government planning to assist with statewide development of
13 continuity of government plans by all levels and branches of state
14 and local government that address how essential government functions
15 and services will continue to be provided following a catastrophic
16 incident.
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