BILL REQ. #:  S-3947.2 

Read first time 01/12/2006.   Referred to Committee on Government Operations & Elections.

     AN ACT Relating to establishing the emergency management, preparedness, and assistance account; adding new sections to chapter 38.52 RCW; and creating new sections.

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

NEW SECTION.  Sec. 1   The legislature finds that recent events, including the 9/11 terrorist acts, the tsunami in southeast Asia, Hurricanes Katrina and Rita in the gulf coast, outbreaks of avian flu, and the earthquake in Pakistan, have demonstrated the need for a coordinated, comprehensive all-hazards disaster plan involving citizens, industry, local governments, and the state. Washington state's topography, geography, location, and strategic and economic interests place the state at particular risk from both natural disasters and man-made disasters. In response, Washington state and its local governments have implemented nationally recognized all-hazards emergency management and disaster response plans. However, recent studies have revealed impediments to the ability of state and local programs to integrate and coordinate comprehensive disaster preparedness. Specifically, local programs suffer disparities in funding and expertise, leaving troublesome gaps in a well-coordinated statewide all-hazards emergency management system.
     Recognizing that all disasters are local disasters, the legislature therefore intends to strengthen local emergency response, mitigation, preparation, and coordination by establishing a stable source of funding with the intent that Washington state become the nationally recognized leader in emergency management. The funding will be dedicated to the development and coordination of local government emergency management programs by encouraging joint training, citizen and industry involvement, public education, and relationship building among local and state emergency management officials.

NEW SECTION.  Sec. 2   The director shall appoint no fewer than nine regional liaisons to work out of regional offices established throughout the state. The director may provide for office space and support staff as necessary. Regional liaisons shall identify which political subdivisions, public agencies, and special purpose districts within that region are required by statute to develop and implement a comprehensive emergency management or comprehensive safety plan and report on the implementation status of the plan. Regional liaisons shall also: Provide local programs with assistance, guidance, and technical expertise on emergency management planning and grant applications; coordinate regional collaboration, planning, training, and exercises; and assist local programs with training and ongoing education of appointed and elected officials and the public.

NEW SECTION.  Sec. 3   The emergency management, preparedness, and assistance account is created in the custody of the state treasurer. All receipts from the surcharge authorized by section 4 of this act must be deposited into the account. Expenditures from the account may be used only as provided in section 5 of this act. Only the director or the director's designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures.

NEW SECTION.  Sec. 4   In order to provide funds for emergency management, preparedness, and assistance, an annual surcharge of two dollars per policy must be imposed on every homeowner's, mobile homeowner's, tenant homeowner's, and condominium unit owner's insurance policy, and an annual four-dollar surcharge shall be imposed on every commercial fire, commercial multiple peril, and business owner's property insurance policy, issued or renewed on or after the effective date of this act. The surcharge must be paid by the policyholder to the insurer. The insurer must collect the surcharge and remit it to the department of revenue, which will collect, administer, audit, and enforce the surcharge. The surcharge is not to be considered premiums of the insurer, however, nonpayment of the surcharge by the insured may be a valid reason for cancellation of the policy. All proceeds of the surcharge must be deposited in the emergency management, preparedness, and assistance account and may not be used to supplant existing state general fund funding.

NEW SECTION.  Sec. 5   (1) Funds appropriated from the emergency management, preparedness, and assistance account must be allocated by the department as follows:
     (a) An amount sufficient to fund regional representatives, offices, and staff support as required by section 2 of this act; and
     (b) Of the remainder:
     (i) Thirty percent to administer periodic joint emergency management training exercises. Joint training exercises must involve the department and at least three other local or tribal emergency management agencies. Each exercise must include a postexercise evaluation and report released jointly by the department and the participating agencies;
     (ii) Thirty percent to provide funding to state, local, and tribal government agencies to develop and coordinate comprehensive emergency management plans; and to train local elected and appointed officials on state laws, ordinances, disaster command and response structures, and the roles and responsibilities of officials before, during, and after a disaster;
     (iii) Twenty percent to provide for state relief assistance for nonfederally declared disasters; and
     (iv) Twenty percent for grants to state or regional agencies, local governments, tribal governments, and private organizations to implement projects that will further state and local emergency management objectives. These projects must include, but need not be limited to, projects that will promote neighborhood level public education on disaster preparedness and recovery issues, situate all weather radios in public buildings, enhance coordination of relief efforts of statewide private-sector organizations, and improve the training and operations capabilities of agencies assigned lead or support responsibilities in the state comprehensive emergency management plan. The department shall establish criteria and procedures for competitive allocation of these funds by rule. No more than five percent of any award made under this subsection (1)(b)(iv) may be used for administrative expenses.
     (2) The distribution formula provided in this section may be adjusted proportionally when necessary to meet any matching requirements imposed as a condition of receiving federal disaster relief assistance or planning funds. Local governments receiving funds under this section may not use the funds to supplant existing funding. The department must allocate funds to local emergency management agencies and programs pursuant to criteria specified in rule. The rules must include, but are not limited to:
     (a) Requiring that, at a minimum, a local emergency management agency have a comprehensive emergency management plan or be a member of a joint local organization for emergency management; and have a local director who works at least forty hours a week in that capacity, or have designated by ordinance or resolution an emergency management coordinator who works at least fifteen hours a week in that capacity;
     (b) Specifying a formula that establishes a base grant allocation and weighted factors for funds to be allocated over the base grant amount;
     (c) Specifying match requirements; and
     (d) Preferential funding to provide incentives to counties and municipalities to participate in mutual aid agreements.
     (3) If adequate funds are available as determined by the department, every county must receive funds at least sufficient to fund a dedicated, full-time emergency management director.

NEW SECTION.  Sec. 6   The department must submit a report quarterly to the office of financial management and the legislative fiscal committees detailing information on the emergency management, preparedness, and assistance account, including: The amount and type of deposits into the account; the current available fund balance as of the reporting date; and the projected fund balance at the end of the biennium based on current revenue and expenditure patterns.

NEW SECTION.  Sec. 7   The joint legislative audit and review committee must study and review the performance of programs implemented under this act. The committee must examine at least the following factors: The number and type of joint exercises conducted under section 5 of this act; the number of programs receiving grant money and the status of those programs; the coordination of comprehensive emergency management plans between state and local jurisdictions; the number of training programs administered; the number of comprehensive emergency management or safety plans created using funds distributed under section 5 of this act; and the number of emergency preparedness officials created and trained with funds distributed under this act. The committee must provide a final report on this review by December 2008.

NEW SECTION.  Sec. 8   Sections 2 through 6 of this act are each added to chapter 38.52 RCW.