BILL REQ. #:  Z-0645.1 

Read first time 02/21/2003.   Referred to Committee on Government Operations & Elections.

     AN ACT Relating to consolidation of state declared fire mobilization responsibilities within the Washington state patrol; amending RCW 38.54.010, 38.54.020, 38.54.030, and 38.54.050; adding new sections to chapter 43.43 RCW; and recodifying RCW 38.54.010, 38.54.020, 38.54.030, 38.54.040, 38.54.050, and 38.54.900.

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

Sec. 1   RCW 38.54.010 and 1997 c 49 s 8 are each amended to read as follows:
     Unless the context clearly requires otherwise, the definitions in this section apply throughout this subchapter.
     (1) (("Department" means the military department.
     (2) "The adjutant general" means the adjutant general of the military department)) "Chief" means the chief of the Washington state patrol.
     (((3))) (2) "State fire marshal" means the director of fire protection in the Washington state patrol.
     (((4))) (3) "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))) (4) "Jurisdiction" means state, county, city, fire district, or port district fire fighting units, or other units covered by this chapter.
     (((6))) (5) "Mobilization" means that fire fighting resources beyond those available through existing agreements will be requested and, when available, sent in response to an emergency or disaster situation that has exceeded the capabilities of available local resources. During a large scale emergency, mobilization includes the redistribution of regional or statewide fire fighting resources to either direct emergency incident assignments or to assignment in communities where fire fighting resources are needed.
     When mobilization is declared and authorized as provided in this chapter, all fire fighting resources including those of the host fire protection authorities, i.e. incident jurisdiction, shall be deemed as mobilized under this chapter, including those that responded earlier under existing mutual aid or other agreement. All nonhost fire protection authorities providing fire fighting resources in response to a mobilization declaration shall be eligible for expense reimbursement as provided by this chapter from the time of the mobilization declaration.
     This chapter shall not reduce or suspend the authority or responsibility of the department of natural resources under chapter 76.04 RCW.
     (((7))) (6) "Mutual aid" means emergency interagency assistance provided without compensation under an agreement between jurisdictions under chapter 39.34 RCW.

Sec. 2   RCW 38.54.020 and 1997 c 49 s 9 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 state agencies and local 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 ((adjutant general)) chief the powers provided herein;
     (3) Provide a means for reimbursement to state agencies and local fire jurisdictions that incur expenses when mobilized by the ((adjutant general)) chief under the Washington state fire services mobilization plan; and
     (4) Provide for reimbursement of the host fire department or fire protection district when it has: (a) Exhausted all of its resources; and (b) invoked its local mutual aid network and exhausted those resources. Upon implementation of state fire mobilization, the host district resources shall become state fire mobilization resources consistent with the fire mobilization plan.
     It is the intent of the legislature that mutual aid and other interlocal agreements providing for enhanced emergency response be encouraged as essential to the public peace, safety, health, and welfare, and for the protection of the lives and property of the people of the state of Washington. If possible, mutual aid agreements should be without stated limitations as to resources available, time, or area. Nothing in this chapter shall be construed or interpreted to limit the eligibility of any nonhost fire protection authority for reimbursement of expenses incurred in providing fire fighting resources for mobilization.

Sec. 3   RCW 38.54.030 and 1997 c 49 s 10 are each amended to read as follows:
     The state fire protection policy board shall review and make recommendations to the ((adjutant general)) chief on the refinement and maintenance of the Washington state fire services mobilization plan, which shall include the procedures to be used during fire and other emergencies for coordinating local, regional, and state fire jurisdiction resources. In carrying out this duty, the fire protection policy board shall consult with and solicit recommendations from representatives of state and local fire and emergency management organizations, regional fire defense boards, and the department of natural resources. The Washington state fire services mobilization plan shall be consistent with, and made part of, the Washington state comprehensive emergency management plan. The ((adjutant general)) chief shall review the fire services mobilization plan as submitted by 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 ((adjutant general)) chief 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. 4   RCW 38.54.050 and 1997 c 49 s 12 are each amended to read as follows:
     The ((department)) Washington state patrol in consultation with the office of financial management and the Washington military department shall develop procedures to facilitate reimbursement to state agencies and jurisdictions from appropriate federal and state funds when state agencies and jurisdictions are mobilized by the ((adjutant general)) chief under the Washington state fire services mobilization plan. The ((department)) Washington state patrol shall ensure that these procedures provide reimbursement to the host district in as timely a manner as possible.

NEW SECTION.  Sec. 5   The following sections shall be recodified as new sections within chapter 43.43 RCW under the subchapter heading "State Fire Service Mobilization":
     (1) RCW 38.54.010 (as amended by this act);
     (2) RCW 38.54.020 (as amended by this act);
     (3) RCW 38.54.030 (as amended by this act);
     (4) RCW 38.54.040;
     (5) RCW 38.54.050 (as amended by this act); and
     (6) RCW 38.54.900.