H COMM AMD — SSB 6164, Innovation, Community & Economic Development & Veterans (H-3287.1)

Summary

H COMM AMD H-3287.1 to SSB 6164, by the Committee on Innovation, Community & Economic Development, & Veterans, strikes everything after the enacting clause and inserts new text, including a new section on public meetings. It provides that if a type 1 hazardous material spill or release occurs, the department of ecology must provide for at least one public meeting to inform the public. The meeting must allow for remote participation if technologically feasible and must include representatives from the department of ecology and the party responsible for the spill or release. The EFFECT statement says the amendment has the Department of Ecology, rather than local organizations, provide the meeting and removes the requirement that a Department of Fish and Wildlife representative attend.

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     6164-S AMH ICEV H3287.1


     SSB 6164 - H COMM AMD
         By Committee on Innovation, Community & Economic Development, &
     Veterans



1        Strike   everything   after   the       enacting   clause   and   insert   the
2    following:


 3       "Sec. 1.   RCW 38.52.070 and 2017 c 312 s 4 are each amended to
 4   read as follows:
 5       (1) Each political subdivision of this state is hereby authorized
 6   and directed to establish a local organization or to be a member of a
 7   joint local organization for emergency management in accordance with
 8   the state comprehensive emergency management plan and program:
 9   PROVIDED, That a political subdivision proposing such establishment
10   shall submit its plan and program for emergency management to the
11   state director and secure his or her recommendations thereon, and
12   verification of consistency with the state comprehensive emergency
13   management plan, in order that the plan of the local organization for
14   emergency management may be coordinated with the plan and program of
15   the state. Local comprehensive emergency management plans must
16   specify the use of the incident command system for multiagency/
17   multijurisdiction operations. No political subdivision may be
18   required to include in its plan provisions for the emergency
19   evacuation or relocation of residents in anticipation of nuclear
20   attack. If the director's recommendations are adverse to the plan as
21   submitted, and, if the local organization does not agree to the
22   director's recommendations for modification to the proposal, the
23   matter shall be referred to the council for final action. The
24   director may authorize two or more political subdivisions to join in
25   the establishment and operation of a joint local organization for
26   emergency management as circumstances may warrant, in which case each
27   political subdivision shall contribute to the cost of emergency
28   management upon such fair and equitable basis as may be determined
29   upon by the executive heads of the constituent subdivisions. If in
30   any case the executive heads cannot agree upon the proper division of
31   cost the matter shall be referred to the council for arbitration and
32   its decision shall be final. When two or more political subdivisions

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 1   join in the establishment and operation of a joint local organization
 2   for emergency management each shall pay its share of the cost into a
 3   special pooled fund to be administered by the treasurer of the most
 4   populous subdivision, which fund shall be known as the . . . . . .
 5   emergency management fund. Each local organization or joint local
 6   organization for emergency management shall have a director who shall
 7   be appointed by the executive head of the political subdivision, and
 8   who   shall  have   direct  responsibility   for   the  organization,
 9   administration, and operation of such local organization for
10   emergency management, subject to the direction and control of such
11   executive officer or officers. In the case of a joint local
12   organization for emergency management, the director shall be
13   appointed by the joint action of the executive heads of the
14   constituent political subdivisions. Each local organization or joint
15   local organization for emergency management shall perform emergency
16   management functions within the territorial limits of the political
17   subdivision within which it is organized, and, in addition, shall
18   conduct such functions outside of such territorial limits as may be
19   required pursuant to the provisions of this chapter.
20       (2) In carrying out the provisions of this chapter each political
21   subdivision, in which any disaster as described in RCW 38.52.020
22   occurs, shall have the power to enter into contracts and incur
23   obligations necessary to combat such disaster, protecting the health
24   and safety of persons and property, and providing emergency
25   assistance to the victims of such disaster. Each political
26   subdivision is authorized to exercise the powers vested under this
27   section in the light of the exigencies of an extreme emergency
28   situation without regard to time-consuming procedures and formalities
29   prescribed by law (excepting mandatory constitutional requirements),
30   including, but not limited to, budget law limitations, requirements
31   of competitive bidding and publication of notices, provisions
32   pertaining to the performance of public work, entering into
33   contracts, the incurring of obligations, the employment of temporary
34   workers, the rental of equipment, the purchase of supplies and
35   materials, the levying of taxes, and the appropriation and
36   expenditures of public funds.
37       (3)(a)(i) Each local organization or joint local organization for
38   emergency management that produces a local comprehensive emergency
39   management plan must include a communication plan for notifying
40   significant population segments of life safety information during an
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 1   emergency. Local organizations and joint local organizations are
 2   encouraged to consult with affected community organizations in the
 3   development of the communication plans. Communication plans must
 4   include an expeditious notification of citizens who can reasonably be
 5   determined to be at risk during a hazardous material spill or release
 6   pursuant to section 2 of this act.
 7       (((i)))   (ii)   In   developing    communication   plans,   local
 8   organizations and joint organizations should consider, as part of
 9   their determination of the extent of the obligation to provide
10   emergency notification to significant population segments, the
11   following factors: The number or proportion of the limited English
12   proficiency persons eligible to be served or likely to be
13   encountered; the frequency with which limited English proficiency
14   individuals come in contact with the emergency notification; the
15   nature and importance of the emergency notification, service, or
16   program to people's lives; and the resources available to the
17   political subdivision to provide emergency notifications.
18       (((ii))) (iii) "Significant population segment" means, for the
19   purposes of this subsection (3), each limited English proficiency
20   language group that constitutes five percent or one thousand
21   residents, whichever is less, of the population of persons eligible
22   to be served or likely to be affected within a city, town, or county.
23   The office of financial management forecasting division's limited
24   English proficiency population estimates are the demographic data set
25   for determining eligible limited English proficiency language groups.
26       (b) Local organizations and joint local organizations must submit
27   the plans produced under (a) of this subsection to the Washington
28   military department emergency management division, and must implement
29   those plans. An initial communication plan must be submitted with the
30   local organization or joint local organization's next local emergency
31   management plan update following July 23, 2017, and subsequent plans
32   must be reviewed in accordance with the director's schedule.
33       (4) When conducting emergency or disaster after-action reviews,
34   local organizations and joint local organizations must evaluate the
35   effectiveness of communication of life safety information and must
36   inform the emergency management division of the Washington military
37   department of technological challenges which limited communications
38   efforts, along with identifying recommendations and resources needed
39   to address those challenges.


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 1       NEW SECTION. Sec. 2. A new section is added to chapter 70.136
 2   RCW to read as follows:
 3       (1) If a type 1 hazardous material spill or release occurs, the
 4   department of ecology must provide for at least one public meeting to
 5   inform the public about the hazardous material spill or release.
 6       (2) A public meeting conducted under this section must allow for
 7   remote participation if technologically feasible and may be held
 8   jointly with the county legislative authority's regularly scheduled
 9   meeting as described in RCW 36.32.080 or a special meeting as
10   provided in RCW 42.30.080.
11       (3) A public meeting conducted under this section must include
12   representatives from the department of ecology and the party
13   responsible for the hazardous material spill or release.
14       (4) For purposes of this section, a "type 1 hazardous material
15   spill or release" is a spill or release of national significance,
16   requiring the activation of the crisis management team, incident
17   management team, command, and general department of ecology staff;
18   involvement of the governor's office and federal agency officials;
19   establishment of area command; and active involvement of the
20   department of ecology spills program manager. It may require the
21   establishment of a national incident commander."

22       Correct the title.


         EFFECT: Makes the following changes:
         (1) Requires local organizations for emergency services or
     management's communication plans to expeditiously notify at-risk
     citizens of a Type 1 hazardous material spill or release, and
     eliminates requirement that notification is by most appropriate
     technology available.
         (2) Defines a Type 1 hazardous material spill or release based on
     Department of Ecology policy, including activation of certain teams
     and staff, involvement of the Governor's office and federal agencies,
     establishment of area command, and involvement of the Spills Program
     Manager.
         (3) Requires the Department of Ecology, rather than local
     organizations for emergency services or management, to provide for at
     least one public meeting to inform the public about a Type 1
     hazardous material spill or release, rather than any spill or release
     resulting in the establishment of an incident command system.
         (4) Authorizes the public meeting to allow remote participation
     if   technologically   feasible,   rather    than   requiring   remote
     participation.
         (5) Removes the requirement that a representative from the
     Washington Department of Fish and Wildlife attend the public meeting.



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    (6) Requires the party responsible for, rather than liable for,
the spill or release to attend the public meeting.



                            --- END ---




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