H-0412

AN ACT Relating to disaster assistance; adding new sections to chapter 38.52 RCW; creating a new section; making an appropriation; providing an effective date; and declaring an emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. The legislature finds that the state must be able to immediately respond to and recover from an emergency or disaster in order to protect life and property. Because of the increasingly large federal financial commitment requirements placed upon states requesting assistance under the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1988 (P.L. 93-288), and other federal emergency and disaster programs, the legislature finds that it is necessary to ensure that Washington state is able to fulfill federal requirements and state obligations in a timely manner.

NEW SECTION. Sec. 2. (1) A disaster assistance fund is established in the custody of the state treasurer. Disbursements from the fund are on authorization of the governor or the governor's designee. No appropriation is required for disbursements. Disbursements may be made from the disaster assistance fund when:

(a) The director of community development or the director's designee determines that it is necessary to spend up to one hundred thousand dollars in preparation for or in response to an immediate emergency; or

(b) The governor proclaims a state of emergency under RCW 43.06.010; or

(c) The president of the United States declares an emergency or major disaster under the disaster relief act of 1988 (P.L. 93-288) to provide federal assistance; or

(d) A state financial contribution is required to receive federal emergency or disaster assistance.

(2) The governor or the governor's designee may expend funds from the disaster assistance fund for the following purposes:

(a) To reimburse state agencies for major unanticipated expenditures requested by the director or the department of community development in response to emergencies or disasters. These efforts must be supplemental to local officials' efforts during the emergency or disaster; or

(b) To fulfill specific financial commitment requirements under the disaster relief act of 1988 (P.L. 93-288); or

(d) To provide state emergency or disaster grants to pubic agencies, as defined in RCW 39.32.010, and to private, nonprofit organizations, as defined by P.L. 93-288, for emergencies or disasters that are not eligible for federal financial assistance under the federal disaster relief act or other federal statutes for:

(i) Emergency measures to protect life and property;

(ii) Repair or replacement of property and facilities; or

(iii) Mitigation activities that would reduce the effects of an emergency or disaster.

NEW SECTION. Sec. 3. State disaster assistance fund expenditures shall be supplemental to expenditures made by public agencies, as defined in RCW 39.34.020, responding to and recovering from emergencies and disasters in accordance with RCW 38.52.070(2) or federal disaster programs.

NEW SECTION. Sec. 4. Funds from the disaster assistance fund may be used to provide fifty percent of the nonfederal share, based on federal emergency management agency or other federal agency eligible cost guidelines, to public agencies, as defined in RCW 39.34.020, and eligible private, nonprofit organizations, as defined by P.L. 93-288.

NEW SECTION. Sec. 5. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1, 1991.

NEW SECTION. Sec. 6. The sum of ten million dollars, or as much thereof as may be necessary, is appropriated from the general fund to the disaster assistance fund for the biennium ending June 30, 1993, to carry out the purposes of this act.

NEW SECTION. Sec. 7. Sections 2 through 4 of this act are each added to chapter 38.52 RCW.

NEW SECTION. Sec. 8. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.