SENATE BILL REPORT

SHB 1585

As Reported by Senate Committee On:

Government Operations, Tribal Relations & Elections, March 17, 2011

Title: An act relating to intrastate mutual aid in the event of emergencies.

Brief Description: Establishing the intrastate mutual aid system.

Sponsors: House Committee on Public Safety & Emergency Preparedness (originally sponsored by Representatives Eddy, Springer and Ryu).

Brief History: Passed House: 2/26/11, 97-0.

Committee Activity: Government Operations, Tribal Relations & Elections: 3/14/11, 3/17/11 [DP].

Majority Report: Do pass.

Signed by Senators Pridemore, Chair; Prentice, Vice Chair; Swecker, Ranking Minority Member; Chase, Nelson and Roach.

Staff: Diane Smith (786-7410)

Background: The Military Department administers the comprehensive emergency management program of the state. Each political subdivision of the state is directed to establish a local organization for emergency management in accordance with the state comprehensive emergency management plan and program. The director of each local organization may, in collaboration with other public and private agencies within the state, develop mutual aid arrangements for reciprocal aid and assistance.

The Emergency Management Council (Council) advises the Governor and the Director of the Military Department, the Adjutant General, on all matters pertaining to state and local emergency management. The Council is composed of not more than 17 members appointed by the Governor, with membership from city and county government, police, fire, state and local emergency management directors, and building officials, among others.

These local arrangements must be consistent with the state comprehensive emergency management plan and program. It is the duty of each local organization to render assistance, in time of emergency, in accordance with the provisions of the local arrangement.

The term emergency is defined. The term emergency worker means any person who is registered with a local emergency management organization or the Military Department and who holds an identification card, or who is an employee of the state or local government who is called upon to perform emergency management activities.

Summary of Bill: Counties, cities, towns, and federally-recognized Indian tribes that choose by written resolution to participate, are member jurisdictions (members) of the Intrastate Mutual Aid System (System). Upon receipt by the Military Department of a resolution or ordinance, members may be released from membership.

The responding member has an unqualified right to withdraw assistance at any time.

When requirements are met, members may request mutual assistance for response, mitigation or recovery activities related to an emergency or to participate in drills or exercises. The definition of the term emergency is the same as in existing state emergency management law.

The requirements for requesting assistance are as follows: the member must have determined an emergency exists within its jurisdiction or that it anticipates undertaking a drill or exercise; the chief executive officer of the member requesting aid must make the request to the chief executive officer of another member.

At the time it provides assistance, the responding member must designate in writing all assistance it provides, using guidelines developed by the intrastate mutual aid committee (Committee), and deliver copies to the requesting member within 30 days after assistance is provided.

The requesting member only has operational control of the assistance provided.

Reimbursement is from the requesting member to the responding member. The responding member may donate assistance. Binding arbitration may be invoked by either party if a dispute about reimbursement is not resolved within 90 days or after either party provides a notice of dispute to the other.

The Committee is a subcommittee of the state Emergency Management Council. Meetings of the Committee must be held at least annually. The Committee must implement the System by developing and updating guidelines and procedures. The guidelines and procedures are not subject to the rulemaking requirements of the Administrative Procedure Act.

Appropriation: None.

Fiscal Note: Available.

Committee/Commission/Task Force Created: No.

Effective Date: Ninety days after adjournment of session in which bill is passed.

Staff Summary of Public Testimony: PRO: This bill provides interstate compact-like assistance and is well supported. The opt-out feature is the best choice. You would never get 39 county prosecutors to agree on all the commas, especially while an emergency is occurring. FEMA will look more favorably on Washington with this bill in place. This bill covers vital support agencies as well as immediate emergency responders. This type of cooperation is usually done by discipline rather than by jurisdiction. Thirty-four states have adopted similar legislation. The Japanese have eliminated bureaucratic impediments to movement of resources by this type of agreement. We need immediate action on this bill.

Persons Testifying: PRO: John E. Pennington, Snohomish county Department of Emergency Management; Barb Graff, Seattle Office of Emergency Management; Cheryl Bledsoe, Clark Regional Emergency Services; Jim Mullen, Washington Military Department; Hillman S. Mitchell, King County Office of Emergency Management.