H-0105.4  _______________________________________________

 

                          HOUSE BILL 1346

          _______________________________________________

 

State of Washington      54th Legislature     1995 Regular Session

 

By Representatives Foreman, Van Luven, Sheldon, Veloria, Jacobsen and Conway

 

Read first time 01/23/95.  Referred to Committee on Government Operations.

 

Providing additional disaster assistance.



    AN ACT Relating to disaster assistance; amending RCW 38.52.005, 38.52.020, 38.52.090, 38.54.010, 38.54.020, 38.54.030, and 38.54.050; reenacting and amending RCW 38.52.010; adding a new section to chapter 38.52 RCW; adding a new section to chapter 41.04 RCW; creating a new section; and making an appropriation.

 

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

 

    NEW SECTION.  Sec. 1.  A new section is added to chapter 38.52 RCW to read as follows:

    (1) The governor, after proclaiming a state of emergency under RCW 43.06.010 and prior to terminating such state of emergency, may, in the area described by the proclamation issue an order that allows moneys to be used to:

    (a) Reimburse a local nonprofit organization up to twenty-five percent of the cost incurred providing food or shelter to individuals during the state of emergency;

    (b) Reimburse a jurisdiction up to twenty-five percent of expenses incurred, during the state of emergency, that are beyond the resources of the jurisdiction; and

    (c) Reimburse the jurisdiction's volunteer personnel up to twenty percent of lost wages as a result of volunteer activity during the state of emergency.

    (2) The department, in consultation with the office of financial management shall develop procedures to identify and facilitate reimbursement of eligible costs from funds appropriated to the department for the purposes of this section.

    (3) As used in this section, "jurisdiction" means a city, town, county, fire district, port district, public utility district, sewer district, or water district.

 

    NEW SECTION.  Sec. 2.  A new section is added to chapter 41.04 RCW to read as follows:

    (1) After proclamation of a state of emergency as provided in RCW 43.06.010, a civil service employee of the state of Washington may be granted a leave of absence from work with pay and benefits, up to fifteen work days or one hundred twenty hours in any twelve-month period, to participate in specialized disaster relief services in the affected area, if the employee is either:  (a) A certified disaster services volunteer of the American Red Cross; or (b) qualified to perform disaster relief services.

    (2) The request for an employee's services must be made by the requesting organization and approved by that employee's state agency.  During the granted leave of absence, the employee shall continue to accrue seniority, vacation time, and sick time.  The state agency shall compensate an employee granted a leave of absence under this section at his or her regular rate of pay for those regular work hours during which the employee is absent from work.

    (3) As used in this section "requesting organization" means a local government, the American Red Cross, or a local nonprofit organization involved in disaster relief services.

 

    NEW SECTION.  Sec. 3.  Section 1 of this act applies retroactively to proclamations of a state of emergency under RCW 43.06.010, declared after July 1, 1994.

 

    NEW SECTION.  Sec. 4.  The sum of two million dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 1997, from the general fund to the department of community, trade, and economic development for the purposes of section 1 of this act.

 

    Sec. 5.  RCW 38.52.005 and 1986 c 266 s 22 are each amended to read as follows:

    The department of community, trade, and economic development shall administer the comprehensive emergency management program of the state of Washington as provided for in this chapter.  All local organizations, organized and performing emergency management functions pursuant to RCW 38.52.070, may change their name and be called the . . . . . . department/division of emergency management.

 

    Sec. 6.  RCW 38.52.010 and 1993 c 251 s 5 and 1993 c 206 s 1 are each reenacted and amended to read as follows:

    As used in this chapter:

    (1) "Emergency management" or "comprehensive emergency management" means the preparation for and the carrying out of all emergency functions, other than functions for which the military forces are primarily responsible, to mitigate, prepare for, respond to, and recover from emergencies and disasters, and to aid victims suffering from injury or damage, resulting from disasters caused by all hazards, whether natural or man-made, and to provide support for search and rescue operations for persons and property in distress.  However, "emergency management" or "comprehensive emergency management" does not mean preparation for emergency evacuation or relocation of residents in anticipation of nuclear attack.

    (2) "Local organization for emergency services or management" means an organization created in accordance with the provisions of this chapter by state or local authority to perform local emergency management functions.

    (3) "Political subdivision" means any county, city or town.

    (4) "Emergency worker" means any person, including but not limited to an architect registered under chapter 18.08 RCW or a professional engineer registered under chapter 18.43 RCW, who is registered with a local emergency management organization or the department of community, trade, and economic development and holds an identification card issued by the local emergency management director or the department of community, trade, and economic development for the purpose of engaging in authorized emergency management activities or is an employee of the state of Washington or any political subdivision thereof who is called upon to perform emergency management activities.

    (5) "Injury" as used in this chapter shall mean and include accidental injuries and/or occupational diseases arising out of emergency management activities.

    (6)(a) "Emergency or disaster" as used in all sections of this chapter except RCW 38.52.430 shall mean an event or set of circumstances which:  (i) Demands immediate action to preserve public health, protect life, protect public property, or to provide relief to any stricken community overtaken by such occurrences, or (ii) reaches such a dimension or degree of destructiveness as to warrant the governor declaring a state of emergency pursuant to RCW 43.06.010.

    (b) "Emergency" as used in RCW 38.52.430 means an incident that requires a normal police, coroner, fire, rescue, emergency medical services, or utility response as a result of a violation of one of the statutes enumerated in RCW 38.52.430.

    (7) "Search and rescue" means the acts of searching for, rescuing, or recovering by means of ground, marine, or air activity any person who becomes lost, injured, or is killed while outdoors or as a result of a natural or man-made disaster, including instances involving searches for downed aircraft when ground personnel are used.  Nothing in this section shall affect appropriate activity by the department of transportation under chapter 47.68 RCW.

    (8) "Executive head" and "executive heads" means the county executive in those charter counties with an elective office of county executive, however designated, and, in the case of other counties, the county legislative authority.  In the case of cities and towns, it means the mayor.

    (9) "Director" means the director of community, trade, and economic development.

    (10) "Local director" means the director of a local organization of emergency management or emergency services.

    (11) "Department" means the department of community, trade, and economic development.

    (12) "Emergency response" as used in RCW 38.52.430 means a public agency's use of emergency services during an emergency or disaster as defined in subsection (6)(b) of this section.

    (13) "Expense of an emergency response" as used in RCW 38.52.430 means reasonable costs incurred by a public agency in reasonably making an appropriate emergency response to the incident, but shall only include those costs directly arising from the response to the particular incident.  Reasonable costs shall include the costs of providing police, coroner, fire fighting, rescue, emergency medical services, or utility response at the scene of the incident, as well as the salaries of the personnel responding to the incident.

    (14) "Public agency" means the state, and a city, county, municipal corporation, district, or public authority located, in whole or in part, within this state which provides or may provide fire fighting, police, ambulance, medical, or other emergency services.

 

    Sec. 7.  RCW 38.52.020 and 1986 c 266 s 24 are each amended to read as follows:

    (1) Because of the existing and increasing possibility of the occurrence of disasters of unprecedented size and destructiveness as defined in RCW 38.52.010(6), and in order to insure that preparations of this state will be adequate to deal with such disasters, to insure the administration of state and federal programs providing disaster relief to individuals, and further to insure adequate support for search and rescue operations, and generally to protect the public peace, health, and safety, and to preserve the lives and property of the people of the state, it is hereby found and declared to be necessary:

    (a) To provide for emergency management by the state, and to authorize the creation of local organizations for emergency management in the political subdivisions of the state;

    (b) To confer upon the governor and upon the executive heads of the political subdivisions of the state the emergency powers provided herein;

    (c) To provide for the rendering of mutual aid among the political subdivisions of the state and with other states and to cooperate with the federal government with respect to the carrying out of emergency management functions;

    (d) To provide a means of compensating emergency management workers who may suffer any injury, as herein defined, or death; who suffer economic harm including personal property damage or loss; or who incur expenses for transportation, telephone or other methods of communication, and the use of personal supplies as a result of participation in emergency management activities; ((and))

    (e) To provide a means of compensating local nonprofit organizations for increased demand for their services as a result of the declared state of emergency; and

    (f) To provide programs, with intergovernmental cooperation, to educate and train the public to be prepared for emergencies.

    (2) It is further declared to be the purpose of this chapter and the policy of the state that all emergency management functions of this state and its political subdivisions be coordinated to the maximum extent with the comparable functions of the federal government including its various departments and agencies of other states and localities, and of private agencies of every type, to the end that the most effective preparation and use may be made of the nation's manpower, resources, and facilities for dealing with any disaster that may occur.

 

    Sec. 8.  RCW 38.52.090 and 1987 c 185 s 6 are each amended to read as follows:

    (1) The director of each local organization for emergency management may, in collaboration with other public and private agencies within this state, develop or cause to be developed mutual aid arrangements for reciprocal emergency management aid and assistance in case of disaster too great to be dealt with unassisted.  Such arrangements shall be consistent with the state emergency management plan and program, and in time of emergency it shall be the duty of each local organization for emergency management to render assistance in accordance with the provisions of such mutual aid arrangements.  The director of community, trade, and economic development shall adopt and distribute a standard form of contract for use by local organizations in understanding and carrying out said mutual aid arrangements.

    (2) The director of community, trade, and economic development and the director of each local organization for emergency management may, subject to the approval of the governor, enter into mutual aid arrangements with emergency management agencies or organizations in other states for reciprocal emergency management aid and assistance in case of disaster too great to be dealt with unassisted.  All such arrangements shall be pursuant to either of the compacts contained in subsection (2) (a) or (b) of this section.

    (a) The legislature recognizes that the compact language contained in this subsection is inadequate to meet many forms of emergencies.  For this reason, after June 7, 1984, the state may not enter into any additional compacts under this subsection (2)(a).

 

                     INTERSTATE CIVIL DEFENSE

                       AND DISASTER COMPACT

 

    The contracting States solemnly agree:

    Article 1.  The purpose of this compact is to provide mutual aid among the States in meeting any emergency or disaster from enemy attack or other cause (natural or otherwise) including sabotage and subversive acts and direct attacks by bombs, shellfire, and atomic, radiological, chemical, bacteriological means, and other weapons.  The prompt, full and effective utilization of the resources of the respective States, including such resources as may be available from the United States Government or any other source, are essential to the safety, care and welfare of the people thereof in the event of enemy action or other emergency, and any other resources, including personnel, equipment or supplies, shall be incorporated into a plan or plans of mutual aid to be developed among the civil defense agencies or similar bodies of the States that are parties hereto.  The Directors of Civil Defense (Emergency Services) of all party States shall constitute a committee to formulate plans and take all necessary steps for the implementation of this compact.

    Article 2.  It shall be the duty of each party State to formulate civil defense plans and programs for application within such State.  There shall be frequent consultation between the representatives of the States and with the United States Government and the free exchange of information and plans, including inventories of any materials and equipment available for civil defense.  In carrying out such civil defense plans and programs the party States shall so far as possible provide and follow uniform standards, practices and rules and regulations including:

    (a) Insignia, arm bands and any other distinctive articles to designate and distinguish the different civil defense services;

    (b) Blackouts and practice blackouts, air raid drills, mobilization of civil defense forces and other tests and exercises;

    (c) Warnings and signals for drills or attacks and the mechanical devices to be used in connection therewith;

    (d) The effective screening or extinguishing of all lights and lighting devices and appliances;

    (e) Shutting off water mains, gas mains, electric power connections and the suspension of all other utility services;

    (f) All materials or equipment used or to be used for civil defense purposes in order to assure that such materials and equipment will be easily and freely interchangeable when used in or by any other party State;

    (g) The conduct of civilians and the movement and cessation of movement of pedestrians and vehicular traffic, prior, during, and subsequent to drills or attacks;

    (h) The safety of public meetings or gatherings; and

    (i) Mobile support units.

    Article 3.  Any party State requested to render mutual aid shall take such action as is necessary to provide and make available the resources covered by this compact in accordance with the terms hereof; provided that it is understood that the State rendering aid may withhold resources to the extent necessary to provide reasonable protection for such State.  Each party State shall extend to the civil defense forces of any other party State, while operating within its State limits under the terms and conditions of this compact, the same powers (except that of arrest unless specifically authorized by the receiving State), duties, rights, privileges and immunities as if they were performing their duties in the State in which normally employed or rendering services.  Civil defense forces will continue under the command and control of their regular leaders but the organizational units will come under the operational control of the civil defense authorities of the State receiving assistance.

    Article 4.  Whenever any person holds a license, certificate or other permit issued by any State evidencing the meeting of qualifications for professional, mechanical or other skills, such person may render aid involving such skill in any party State to meet an emergency or disaster and such State shall give due recognition to such license, certificate or other permit as if issued in the State in which aid is rendered.

    Article 5.  No party State or its officers or employees rendering aid in another State pursuant to this compact shall be liable on account of any act or omission in good faith on the part of such forces while so engaged, or on account of the maintenance or use of any equipment or supplies in connection therewith.

    Article 6.  Inasmuch as it is probable that the pattern and detail of the machinery for mutual aid among two or more states may differ from that appropriate among other States party hereto, this instrument contains elements of a broad base common to all States, and nothing herein contained shall preclude any State from entering into supplementary agreements with another State or States.  Such supplementary agreements may comprehend, but shall not be limited to, provisions for evacuation and reception of injured and other persons, and the exchange of medical, fire, police, public utility, reconnaissance, welfare, transportation and communications personnel, equipment and supplies.

    Article 7.  Each party State shall provide for the payment of compensation and death benefits to injured members of the civil defense forces of that State and the representatives of deceased members of such forces in case such members sustain injuries or are killed while rendering aid pursuant to this compact, in the same manner and on the same terms as if the injury or death were sustained within such State.

    Article 8.  Any party State rendering aid in another State pursuant to this compact shall be reimbursed by the party State receiving such aid for any loss or damage to, or expense incurred in the operation of any equipment answering a request for aid, and for the cost incurred in connection with such requests; provided, that any aiding State may assume in whole or in part such loss, damage, expense, or other cost, or may loan such equipment or donate such services to the receiving party State without charge or cost; and provided further that any two or more party States may enter into supplementary agreements establishing a different allocation of costs as among those States.  The United States Government may relieve the party State receiving aid from any liability and reimburse the party State supplying civil defense forces for the compensation paid to and the transportation, subsistence and maintenance expenses of such forces during the time of the rendition of such aid or assistance outside the State and may also pay fair and reasonable compensation for the use or utilization of the supplies, materials, equipment or facilities so utilized or consumed.

    Article 9.  Plans for the orderly evacuation and reception of the civilian population as the result of an emergency or disaster shall be worked out from time to time between representatives of the party States and the various local civil defense areas thereof.  Such plans shall include the manner of transporting such evacuees, the number of evacuees to be received in different areas, the manner in which food, clothing, housing, and medical care will be provided, the registration of the evacuees, the providing of facilities for the notification of relatives or friends and the forwarding of such evacuees to other areas or the bringing in of additional materials, supplies, and all other relevant factors.  Such plans shall provide that the party State receiving evacuees shall be reimbursed generally for the out-of-pocket expenses incurred in receiving and caring for such evacuees, for expenditures for transportation, food, clothing, medicines and medical care and like items.  Such expenditures shall be reimbursed by the party State of which the evacuees are residents, or by the United States Government under plans approved by it.  After the termination of the emergency or disaster the party State of which the evacuees are resident shall assume the responsibility for the ultimate support or repatriation of such evacuees.

    Article 10.  This compact shall be available to any State, territory or possession of the United States, and the District of Columbia.  The term "State" may also include any neighboring foreign country or province or state thereof.

    Article 11.  The committee established pursuant to Article 1 of this compact may request the Civil Defense Agency of the United States Government to act as an informational and coordinating body under this compact, and representatives of such agency of the United States Government may attend meetings of such committee.

    Article 12.  This compact shall become operative immediately upon its ratification by any State as between it and any other State or States so ratifying and shall be subject to approval by Congress unless prior Congressional approval has been given.  Duly authenticated copies of this compact and of such supplementary agreements as may be entered into shall, at the time of their approval, be deposited with each of the party States and with the Civil Defense Agency and other appropriate agencies of the United States Government.

    Article 13.  This compact shall continue in force and remain binding on each party State until the legislature or the Governor of such party State takes action to withdraw therefrom.  Such action shall not be effective until 30 days after notice thereof has been sent by the Governor of the party State desiring to withdraw to the Governors of all other party States.

    Article 14.  This compact shall be construed to effectuate the purposes stated in Article 1 hereof.  If any provision of this compact is declared unconstitutional, or the applicability thereof to any person or circumstance is held invalid, the constitutionality of the remainder of this compact and the applicability thereof to other persons and circumstances shall not be effected thereby.

    Article 15.  (a) This Article shall be in effect only as among those states which have enacted it into law or in which the Governors have adopted it pursuant to constitutional or statutory authority sufficient to give it the force of law as part of this compact.  Nothing contained in this Article or in any supplementary agreement made in implementation thereof shall be construed to abridge, impair or supersede any other provision of this compact or any obligation undertaken by a State pursuant thereto, except that if its terms so provide, a supplementary agreement in implementation of this Article may modify, expand or add to any such obligation as among the parties to the supplementary agreement.

    (b) In addition to the occurrences, circumstances and subject matters to which preceding articles of this compact make it applicable, this compact and the authorizations, entitlements and procedures thereof shall apply to:

    1.  Searches for and rescue of person who are lost, marooned, or otherwise in danger.

    2.  Action useful in coping with disasters arising from any cause or designed to increase the capability to cope with any such disasters.

    3.  Incidents, or the imminence thereof, which endanger the health or safety of the public and which require the use of special equipment, trained personnel or personnel in larger numbers than are locally available in order to reduce, counteract or remove the danger.

    4.  The giving and receiving of aid by subdivisions of party States.

    5.  Exercises, drills or other training or practice activities designed to aid personnel to prepare for, cope with or prevent any disaster or other emergency to which this compact applies.

    (c) Except as expressly limited by this compact or a supplementary agreement in force pursuant thereto, any aid authorized by this compact or such supplementary agreement may be furnished by any agency of a party State, a subdivision of such State, or by a joint agency providing such aid shall be entitled to reimbursement therefor to the same extent and in the same manner as a State.  The personnel of such a joint agency, when rendering aid pursuant to this compact shall have the same rights, authority and immunity as personnel of party States.

    (d) Nothing in this Article shall be construed to exclude from the coverage of Articles 1-15 of this compact any matter which, in the absence of this Article, could reasonably be construed to be covered thereby.

    (b) The compact language contained in this subsection (2)(b) is intended to deal comprehensively with emergencies requiring assistance from other states.

 

                   INTERSTATE MUTUAL AID COMPACT

 

                              Purpose

 

The purpose of this Compact is to provide voluntary assistance among participating states in responding to any disaster or imminent disaster, that over extends the ability of local and state governments to reduce, counteract or remove the danger.  Assistance may include, but not be limited to, rescue, fire, police, medical, communication, transportation services and facilities to cope with problems which require use of special equipment, trained personnel or personnel in large numbers not locally available.

 

                           Authorization

 

Article I, Section 10 of the Constitution of the United States permits a state to enter into an agreement or compact with another state, subject to the consent of Congress.  Congress, through enactment of Title 50 U.S.C. Sections 2281(g), 2283 and the Executive Department, by issuance of Executive Orders No. 10186 of December 1, 1950, encourages the states to enter into emergency, disaster and civil defense mutual aid agreements or pacts.

 

                          Implementation

 

It is agreed by participating states that the following conditions will guide implementation of the Compact:

    1.  Participating states through their designated officials are authorized to request and to receive assistance from a participating state.  Requests will be granted only if the requesting state is committed to the mitigation of the emergency, and other resources are not immediately available.

    2.  Requests for assistance may be verbal or in writing.  If the request is made by other than written communication, it shall be confirmed in writing as soon as practical after the request.  A written request shall provide an itemization of equipment and operators, types of expertise, personnel or other resources needed.  Each request must be signed by an authorized official.

    3.  Personnel and equipment of the aiding party made available to the requesting party shall, whenever possible, remain under the control and direction of the aiding party.  The activities of personnel and equipment of the aiding party must be coordinated by the requesting party.

    4.  An aiding state shall have the right to withdraw some or all of their personnel and/or equipment whenever the personnel or equipment are needed by that state.  Notice of intention to withdraw should be communicated to the requesting party as soon as possible.

 

                     General Fiscal Provisions

 

The state government of the requesting party shall reimburse the state government of the aiding party.  It is understood that reimbursement shall be made as soon as possible after the receipt by the requesting party of an itemized voucher requesting reimbursement of costs.

    1.  Any party rendering aid pursuant to this Agreement shall be reimbursed by the state receiving such aid for any damage to, loss of, or expense incurred in the operation of any equipment used in responding to a request for aid, and for the cost incurred in connection with such requests.

    2.  Any state rendering aid pursuant to this Agreement shall be reimbursed by the state receiving such aid for the cost of payment of compensation and death benefits to injured officers, agents, or employees and their dependents or representatives in the event such officers, agents, or employees sustain injuries or are killed while rendering aid pursuant to this arrangement, provided that such payments are made in the same manner and on the same terms as if the injury or death were sustained within such state.

 

                     Privileges and Immunities

 

    1.  All privileges and immunities from liability, exemptions from law, ordinances, rules, all pension, relief disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees when performing their respective functions within the territorial limits of their respective political subdivisions, shall apply to them to the same degree and extent while engaged in the performance of any of their functions and duties extra-territorially under the provisions of this Agreement.

    2.  All privileges and immunities from liability, exemptions from law, ordinances, and rules, workers' compensation and other benefits which apply to duly enrolled or registered volunteers when performing their respective functions at the request of their state and within its territorial limits, shall apply to the same degree and extent while performing their functions extra-territorially under the provisions of this Agreement.  Volunteers may include, but not be limited to, physicians, surgeons, nurses, dentists, structural engineers, and trained search and rescue volunteers.

    3.  The signatory states, their political subdivisions, municipal corporations and other public agencies shall hold harmless the corresponding entities and personnel thereof from the other state with respect to the acts and omissions of its own agents and employees that occur while providing assistance pursuant to the common plan.

    4.  Nothing in this arrangement shall be construed as repealing or impairing any existing Interstate Mutual Aid Agreements.

    5.  Upon enactment of this Agreement by two or more states, and by January 1, annually thereafter, the participating states will exchange with each other the names of officials designated to request and/or provide services under this arrangement.  In accordance with the cooperative nature of this arrangement, it shall be permissible and desirable for the parties to exchange operational procedures to be followed in requesting assistance and reimbursing expenses.

    6.  This compact shall enter into force and become effective and binding upon the states so acting when it has been enacted into law by any two states.  Thereafter, this compact shall enter into force and become effective and binding as to any other of said states upon similar action by such state.

    7.  This compact shall continue in force and remain binding upon a party state until it shall have enacted a statute repealing the same and providing for the sending of formal written notice of withdrawal from the compact to the appropriate official of all other party states.  An actual withdrawal shall not take effect until the thirtieth consecutive day after the notice provided in the statute has been sent.  Such withdrawal shall not relieve the withdrawing state from its obligations assumed hereunder prior to the effective date of withdrawal.

 

    Sec. 9.  RCW 38.54.010 and 1992 c 117 s 9 are each amended to read as follows:

    Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

    (1) "Department" means the department of community, trade, and economic development.

    (2) "Director" means the director of ((the department of)) community, trade, and economic development.

    (3) "State fire marshal" means the assistant director of the division of fire protection services in the department of community, trade, and economic development.

    (4) "Fire chief" includes the chief officer of a statutorily authorized fire agency, or the fire chief's authorized representative.  Also included are the department of natural resources fire control chief, and the department of natural resources regional managers.

    (5) "Jurisdiction" means state, county, city, fire district, or port district (([fire])) fire fighting units, or other units covered by this chapter.

    (6) "Mobilization" means that fire fighting resources beyond those available through existing agreements will be requested and, when available, sent to fight a fire that has or soon will exceed the capabilities of available local resources.  During a large scale fire emergency, mobilization includes redistribution of regional or state-wide fire fighting resources to either direct fire fighting assignments or to assignment in communities where fire fighting resources are needed.  This chapter shall not reduce or suspend the authority or responsibility of the department of natural resources under chapter 76.04 RCW.

    (7) "Mutual aid" means emergency interagency assistance provided without compensation under ((and [an])) an agreement between jurisdictions under chapter 39.34 RCW.

 

    Sec. 10.  RCW 38.54.020 and 1992 c 117 s 10 are each amended to read as follows:

    Because of the possibility of the occurrence of disastrous fires or other disasters of unprecedented size and destructiveness, the need to insure that the state is adequately prepared to respond to such a fire or disaster, the need to establish a mechanism and a procedure to provide for reimbursement to fire fighting agencies that respond to help others in time of need or to a host fire district that experiences expenses beyond the resources of the fire district, and generally to protect the public peace, health, safety, lives, and property of the people of Washington, it is hereby declared necessary to:

    (1) Provide the policy and organizational structure for large scale mobilization of fire fighting resources in the state through creation of the Washington state fire services mobilization plan;

    (2) Confer upon the director of the department of community, trade, and economic development the powers provided herein; ((and))

    (3) Provide a means for reimbursement to fire jurisdictions that incur expenses when mobilized by the director under the Washington state fire services mobilization plan; and

    (4) Provide a means to reimburse the host fire district or its fire fighting personnel for expenses incurred that are beyond the resources of the host fire district.  As used in this section, "host fire district" means a jurisdiction that receives fire fighting services under this chapter.

 

    Sec. 11.  RCW 38.54.030 and 1992 c 117 s 11 are each amended to read as follows:

    There is created the state fire defense board consisting of the state fire marshal, a representative from the department of natural resources appointed by the commissioner of public lands, the assistant director of the emergency management division of the department of community, trade, and economic development, and one representative selected by each regional fire defense board in the state.  Members of the state fire defense board shall select from among themselves a chairperson.  Members serving on the board do so in a voluntary capacity and are not eligible for reimbursement for meeting-related expenses from the state.

    The state fire defense board shall develop and maintain the Washington state fire services mobilization plan, which shall include the procedures to be used during fire emergencies for coordinating local, regional, and state fire jurisdiction resources.  The Washington state fire services mobilization plan shall be consistent with, and made part of, the Washington state comprehensive emergency management plan.  The director shall review the fire services mobilization plan as submitted by the state fire defense board and after consultation with the fire protection policy board, recommend changes that may be necessary, and approve the fire services mobilization plan for inclusion within the state comprehensive emergency management plan.

    It is the responsibility of the director to mobilize jurisdictions under the Washington state fire services mobilization plan.  The state fire marshal shall serve as the state fire resources coordinator when the Washington state fire services mobilization plan is mobilized.

 

    Sec. 12.  RCW 38.54.050 and 1992 c 117 s 13 are each amended to read as follows:

    The department of community, trade, and economic development in consultation with the office of financial management shall develop procedures to facilitate reimbursement to jurisdictions from appropriate federal and state funds when jurisdictions are mobilized by the director under the Washington state fire services mobilization plan.

 


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