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ARIZONA STATE LEGISLATURE
Forty-eighth Legislature – First Regular Session
HOUSE HOMELAND SECURITY AND PROPERTY RIGHTS
COMMITTEE OF REFERENCE
Minutes of Interim Meeting
Senate Hearing Room 109 – 3:00 P.M.
Chairman Harper called the meeting to order at 3:04 p.m. and attendance was noted by the secretary.
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Senator Jack Harper, Co-Chair |
Representative Doug Clark, Co-Chair |
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Senator Robert Blendu |
Representative Ray Barnes |
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Senator Meg Burton Cahill |
Representative Nancy Barto |
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Representative Cloves Campbell |
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Representative Tom Prezelski |
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Senator Jorge Garcia |
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Senator Linda Gray |
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Arizona Emergency Response Commission Sunset Review
Presentation
Daniel Roe, Executive Director, Arizona Emergency Response Commission (AZSERC), addressed the committee to inform them of the importance of continuing the Commission, which has been in existence since its inception nearly two decades ago. He explained that the primary mission is to implement and sustain the Emergency Planning and Community Right to Know Act of 1986 by supporting community, industry, academia and government in four primary mandated areas:
1. planning
2. emergency release notification
3. serving as a repository for hazardous chemical inventory reports and lists
4. serving as a repository for the toxic chemical release inventory annual report
Details of Mr. Roe’s statement are contained in Attachment 1, and Mr. Roe concluded by stating that the Commission serves the community and requesting continuation for ten years.
Cochairman Clark thanked Mr. Roe for all his hard work.
Senator Blendu asked if AZSERC received 100 percent of its funding from federal homeland security; Mr. Roe explained that funding comes in multiple sources, including grants, and that not 100 percent is from federal. He stated that his Commission is not dependent upon Homeland Security funding.
Senator Blendu asked if Arizona could qualify for grants if the Commission were to go away; Mr. Roe replied that the existence of the Commission creates the funding flow and if it were to disappear, something else would have to be created.
Public Testimony
Richard Bark, Arizona and Greater Phoenix Chambers of Commerce, addressed the committee in support of continuation. He stated that Mr. Roe has been very careful with funds, has not tried to expand too quickly, and has stayed within the statute.
Chairman Harper asked if they have stretched the limits of statutory authority; Mr. Bark replied in the negative.
Senator Burton Cahill asked what the effects on the community would be if this Commission went away; Mr. Bark replied that the Commission is responding to the federal requirements of Emergency Planning and Community Right to Know Act. Senator Burton Cahill asked if it could be replaced by a patchwork of agencies; Mr. Bark stated that this Commission works and that a patchwork would be difficult.
Representative Barnes asked if the Commission were done away with, how many federal dollars would be lost of the $4 billion total; Mr. Roe replied that about $1 million in total grants would be lost. Mr. Bark added that a federal law, the Emergency Planning and Community Right to Know Act, must be implemented at the state level.
Representative Barnes asked how non-compliance would be enforced and Chairman Harper asked the expiration date of the federal funding; Mr. Roe replied that federal funding is on continuation right now. He added that a sunset of the Commission would not have a direct impact on highway or hospital funding, but the sunset would setup industries for non-compliance.
Mr. Roe further explained that millions of dollars have been saved by the outreach of his Commission to keep industries informed of the requirements. Mr. Roe added that, unless another entity picked up the tasks, the state would also lose the Department of Transportation’s annual $240,000 in support of training and planning.
Chairman Harper stated that the Commission is currently being funded on federal money that is part of an emergency continuation not a budget bill that is passed, and if Congress ceases the funding there is no guarantee that the federal money that Mr. Roe says might be lost is ever going to be available; Mr. Roe replied that there never is that guarantee, as from year to year one never knows what grant money will be available.
Representative Barnes stated that there is no certainty about the federal funds; Mr. Roe concurred, but stated that based on a 20 year history, there is a good working relationship. He reminded the committee that, statutorily, if they sunset the Commission, then the Governor becomes the Commission and must answer citizens’ requests and be responsible to get information out on the street.
Representative Barnes stated that the Governor must abide by the state Legislature. Senator Burton Cahill stated that her understanding is that if this legislative committee eliminates the Commission, then by default the Governor would have to pick up the responsibilities.
Representative Prezelski asked who would do the various important jobs of the Commission if it is sunset; Mr. Roe stated that federal statutes state that the tasking would fall to the Governor and that the void would be filled by federal and state laws and alternative organizations.
Representative Prezelski asked if there has been any controversy about the functioning or the agency; Mr. Roe answered in the negative.
Senator Blendu stated that his understanding is that there is a federal mandate for this Commission, there is funding for this Commission, the Commission has been doing a good job, and therefore he sees no point in doing away with this Commission.
Cochairman Clark echoed Senator Blendu’s remarks, adding that the Commission only costs the state budget $126,000 per year yet it saves money and brings in millions of dollars in grants.
Senator Blendu added that the Commission particularly benefits outlying communities with training and equipment purchasing.
Ole Solberg, Consulting Engineer, is associated with local emergency planning committees and stated his support for the Commission. He explained that the state has been very helpful to the small communities with help on planning, particularly on transportation issues and commodity flow studies.
Harold Berkowitz, Office of Environmental Technology, Arizona State University, testified in support of continuation of the Commission and stated that it is essential in order to meet the Emergency Planning and Community Right to Know Act.
Jeffery Mercado, Gila River Indian Community Chemical Tribal Emergency Response Commission, testified in favor of continuation and submitted a letter of support from the chairperson of his Commission (Attachment 2).
Steve Brittle, representing himself, testified in support of the Commission, stating that the local emergency response committees are comprised of volunteers and that the Commission has been integral in helping all these citizens work together to make their communities safer.
Mariano Gonzalez, representing himself, stated his support of the Commission, explaining that in his experience it is “one stop shopping” for emergency planning, training, preparedness, and response.
Warren Leek, representing himself, testified in support of the Commission.
Al Brown, Technology Management, Arizona State University, stated his support for the Commission, adding that it is a model for government agencies and an excellent resource for the communities.
Chairman Harper stated that due to the budget deficit, at his discretion, there would be no recommendation to continue; he adjourned the meeting at 3:54 p.m.
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Jane Dooley, Committee Secretary
November 15, 2007
(Original minutes, attachments and audio on file in the Office of the Chief Clerk; video archives available at http://www.azleg.gov/)
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SENATE GOVERNMENT AND
HOUSE HOMELAND SECURITY AND PROPERTY RIGHTS
COMMITTEE OF REFERENCE
2
November 15, 2007
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