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; creating a new section; 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   (1) Because of the possibility of a disaster of unprecedented size and destruction, including acts of domestic terrorism and civil unrest, that requires law enforcement response for the protection of persons or property and preservation of the peace, the need exists to ensure that the state is adequately prepared to respond to such an incident. There is a need to (a) establish a mechanism and a procedure to provide for reimbursement to law enforcement agencies that respond to help others in time of need, and to host law enforcement agencies that experience expenses beyond the resources of the agencies; and (b) generally to protect the public safety, peace, health, lives, and property of the people of Washington.
     (2) It is hereby declared necessary to:
     (a) Provide the policy and organizational structure for large-scale mobilization of law enforcement resources in the state, using the incident command system, through creation of the Washington state law enforcement mobilization plan;
     (b) Confer upon the chief of the Washington state patrol the powers provided in this chapter;
     (c) Provide a means for reimbursement to law enforcement jurisdictions that incur expenses when mobilized by the chief under the Washington state law enforcement mobilization plan; and
     (d) Provide for reimbursement of the host law enforcement agency when it has:
     (i) Exhausted all of its resources; and
     (ii) Invoked its local mutual aid network and exhausted those resources.

NEW SECTION.  Sec. 6   Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
     (1) "Agency" means any general purpose law enforcement agency as defined in RCW 10.93.020.
     (2) "Board" means the state law enforcement mobilization policy board.
     (3) "Chief" means the chief of the Washington state patrol.
     (4) "Chief law enforcement officer" means the chief of police or sheriff responsible for law enforcement services in the jurisdiction in which the emergency is occurring.
     (5) "General authority Washington peace officer" means a general authority Washington peace officer as defined in RCW 10.93.020.
     (6) "Host agency" means the law enforcement agency that requests statewide mobilization under sections 6 through 11 of this act.
     (7) "Mobilization" means a redistribution of regional and statewide law enforcement resources in response to an emergency or disaster situation.
     (8) "Mutual aid" means emergency interagency assistance provided without compensation pursuant to an agreement under chapter 39.34 RCW.
     (9) "Resource coordination" means the effort to locate and arrange for the delivery of resources needed by chief law enforcement officers.
     (10) "State law enforcement resource coordinator" means a designated individual or agency selected by the chief to perform the responsibilities of that position.

NEW SECTION.  Sec. 7   (1) The state law enforcement mobilization policy board shall be established by the chief and shall have representatives from each of the regions established in section 10 of this act. In carrying out its duty, the board shall consult with and solicit recommendations from representatives of the state and local law enforcement and emergency management organizations, and regional law enforcement mobilization committees.
     (2) The board shall establish and make recommendations to the chief on the refinement and maintenance of the Washington state law enforcement mobilization plan, including the procedures to be used during an emergency or disaster response requiring coordination of local, regional, and state law enforcement resources.
     (3) The chief shall review the Washington state law enforcement mobilization plan, as submitted by the board, recommend changes as necessary, and may approve the plan. The plan shall be consistent with the Washington state comprehensive emergency management plan. The chief may recommend the plan for inclusion within the state comprehensive emergency management plan established under chapter 38.52 RCW.

NEW SECTION.  Sec. 8   (1) Local law enforcement may request mobilization only in response to an emergency or disaster exceeding the capabilities of available local resources and those available through existing mutual aid agreements. Upon finding that the local jurisdiction has exhausted all available resources, it is the responsibility of the chief to determine whether mobilization is the appropriate response to the emergency or disaster and, if so, to mobilize jurisdictions under the Washington state law enforcement mobilization plan.
     (2) Upon mobilization, the chief shall appoint a state law enforcement resource coordinator, and an alternate, who shall serve jointly with the chief law enforcement officer from the host agency to command the mobilization effort consistent with incident command system procedures.
     (3) Upon mobilization, all law enforcement resources including those of the host agency and those that responded earlier under an existing mutual aid or other agreement shall be mobilized. Mobilization may include the redistribution of regional or statewide law enforcement resources to either direct emergency incident assignments or to assignments in communities where law enforcement resources are needed.
     (4) For the duration of the mobilization:
     (a) Host agency resources shall become state law enforcement mobilization resources, under the command of the state law enforcement resource coordinator and the chief law enforcement officer from the host agency, consistent with the state law enforcement mobilization plan and incident command system procedures; and
     (b) All law enforcement authorities providing resources in response to a mobilization declaration shall be eligible for expense reimbursement as provided by this chapter.
     (5) The chief, in consultation with the regional law enforcement resource coordinator, shall determine when mobilization is no longer required and shall then declare the end to the mobilization.

NEW SECTION.  Sec. 9   (1) The state law enforcement resource coordinator, or alternate, shall serve in that capacity for the duration of the mobilization.
     (2) The duties of the coordinator are to:
     (a) Coordinate the mobilization of law enforcement and other support resources within a region;
     (b) Be primarily responsible for the coordination of resources in conjunction with the regional law enforcement mobilization committees, in the case of incidents involving more than one region or when resources from more than one region must be mobilized; and
     (c) Advise and consult with the chief regarding what resources are required in response to the emergency or disaster and in regard to when the mobilization should end.

NEW SECTION.  Sec. 10   (1) Regions within the state are initially established as follows and may be adjusted as necessary by the state law enforcement policy board, but should remain consistent with the Washington state fire defense regions:
     (a) Central region - Grays Harbor, Thurston, Pacific, and Lewis counties;
     (b) Lower Columbia region - Kittitas, Yakima, and Klickitat counties;
     (c) Mid-Columbia region - Chelan, Douglas, and Grant counties;
     (d) Northeast region - Okanogan, Ferry, Stevens, Pend Oreille, Spokane, Adams, and Lincoln counties;
     (e) Northwest region - Whatcom, Skagit, Snohomish, San Juan, and Island counties;
     (f) Olympic region - Clallam and Jefferson counties;
     (g) South Puget Sound region - Kitsap, Mason, King, and Pierce counties;
     (h) Southeast region - Benton, Franklin, Walla Walla, Columbia, Whitman, Garfield, and Asotin counties;
     (i) Southwest region - Wahkiakum, Cowlitz, Clark, and Skamania counties.
     (2) Within each of the regions there is created a regional law enforcement mobilization committee. The committees shall consist of the sheriff of each county in the region, the district commander of the Washington state patrol from the region, a number of police chiefs within the region equivalent to the number of counties within the region plus one, and the director of the counties' emergency management office. The police chief members of each regional committee must include the chiefs of police of each city of ninety-five thousand or more population, and the number of members of the committee shall be increased if necessary to accommodate such chiefs. Members of each regional mobilization committee shall select a chair, who shall have authority to implement the regional plan, and a secretary as officers. Members serving on the regional mobilization committees shall not be eligible for reimbursement for meeting-related expenses from the state.
     (3) The regional mobilization committees shall work with the relevant local government entities to facilitate development of intergovernmental agreements if any such agreements are required to implement a regional law enforcement mobilization plan.
     (4) Regional mobilization committees shall develop regional law enforcement mobilization plans that include provisions for organized law enforcement agencies to respond across municipal, county, or regional boundaries. Each regional mobilization plan shall be consistent with the incident command system, the Washington state law enforcement mobilization plan, and regional response plans adopted prior to the effective date of this act.
     (5) Each regional plan, adopted under subsection (4) of this section shall be approved by the state law enforcement mobilization policy board before implementation.

NEW SECTION.  Sec. 11   The state patrol in consultation with the Washington association of sheriffs and police chiefs and the office of financial management shall develop procedures to facilitate reimbursement to jurisdictions from funds appropriated specifically for this purpose when jurisdictions are mobilized under the Washington state law enforcement mobilization plan.
     Nothing in this chapter shall be construed or interpreted to limit the eligibility of any nonhost law enforcement authority for reimbursement of expenses incurred in providing law enforcement resources for mobilization.

NEW SECTION.  Sec. 12   Sections 6 through 11 of this act are each added to chapter 43.43 RCW.

NEW SECTION.  Sec. 13   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.