Bill Summary – FastDemocracy

CERTIFICATION OF ENROLLMENT
                               HOUSE BILL 2135
                       Chapter 205, Laws of 2024
                               68th Legislature
                             2024 Regular Session
       EMERGENCY WORKER PROGRAM—FEDERALLY RECOGNIZED TRIBES
                      EFFECTIVE DATE: June 6, 2024
Passed by the House March 5, 2024                    CERTIFICATE
  Yeas 96 Nays 0
                                       I, Bernard Dean, Chief Clerk of the
                                       House of Representatives of the
            LAURIE JINKINS             State of Washington, do hereby
Speaker of the House of                certify that the attached is HOUSE
Representatives                        BILL 2135 as passed by the House of
                                       Representatives and the Senate on
                                       the dates hereon set forth.
Passed by the Senate February 28,
                                              BERNARD DEAN
  Yeas 49 Nays 0                                                   Chief Clerk
              DENNY HECK
President of the Senate
Approved March 19, 2024 3:03 PM                         FILED
                                                    March 21, 2024
                                                 Secretary of State
              JAY INSLEE                         State of Washington
Governor of the State of Washington
                                HOUSE BILL 2135
                           AS AMENDED BY THE SENATE
                   Passed Legislature - 2024 Regular Session
     State of Washington       68th Legislature       2024 Regular Session
     By Representatives Stearns, Lekanoff, Reed, Ormsby, Street, Orwall,
     Doglio, and Reeves; by request of Military Department
     Prefiled 01/04/24. Read first time 01/08/24. Referred to Committee
     on Innovation, Community & Economic Development, & Veterans.
      AN ACT Relating to including federally recognized tribes as part
  of the Washington emergency management division emergency worker
  program; and amending RCW 38.52.010 and 38.52.180.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
     Sec. 1.   RCW 38.52.010 and 2022 c 203 s 2 are each amended to
 read as follows:
     As used in this chapter:
     (1) "911 emergency communications system" means a public 911
 communications system consisting of a network, database, and on-
 premises equipment that is accessed by dialing or accessing 911 and
 that enables reporting police, fire, medical, or other emergency
 situations to a public safety answering point. The system includes
 the capability to selectively route incoming 911 voice and data to
 the appropriate public safety answering point that operates in a
 defined 911 service area and the capability to automatically display
 the name, location, and telephone number of incoming 911 voice and
 data at the appropriate public safety answering point.
     (2) "Automatic location identification" means information about a
 caller's location that is part of or associated with an enhanced or
 next generation 911 emergency communications system as defined in
 this section and RCW 82.14B.020 and intended for the purpose of
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 display at a public safety answering point with incoming 911 voice or
 data, or both.
     (3) "Automatic number identification" means a method for uniquely
 associating a communication device that has accessed 911 with the
 incoming 911 voice or data, or both, and intended for the purpose of
 display at a public safety answering point.
     (4) "Baseline level of 911 service" means access to 911 dialing
 from all communication devices with service from a telecommunications
 provider within a county's jurisdiction so that incoming 911 voice
 and data communication is answered, received, and displayed on 911
 equipment at a public safety answering point designated by the
 county.
     (5) "Broadcaster" means a person or entity that holds a license
 issued by the federal communications commission under 47 C.F.R. Part
 73, 74, 76, or 78.
     (6)(a) "Catastrophic incident" means any natural or human-caused
 incident, including terrorism and enemy attack, that results in
 extraordinary levels of mass casualties, damage, or disruption
 severely affecting the population, infrastructure, environment,
 economy, or government functions.
     (b) "Catastrophic incident" does not include an event resulting
 from individuals exercising their rights, under the first amendment,
 of freedom of speech, and of the people to peaceably assemble.
     (7) "Communication plan," as used in RCW 38.52.070, means a
 section in a local comprehensive emergency management plan that
 addresses emergency notification of life safety information.
     (8) "Continuity of government planning" means the internal effort
 of all levels and branches of government to provide that the
 capability exists to continue essential functions and services
 following a catastrophic incident. These efforts include, but are not
 limited to, providing for: (a) Orderly succession and appropriate
 changes of leadership whether appointed or elected; (b) filling
 vacancies; (c) interoperability communications; and (d) processes and
 procedures to reconvene government following periods of disruption
 that may be caused by a catastrophic incident. Continuity of
 government planning is intended to preserve the constitutional and
 statutory authority of elected officials at the state and local level
 and provide for the continued performance of essential functions and
 services by each level and branch of government.
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     (9) "Continuity of operations planning" means the internal effort
 of an organization to provide that the capability exists to continue
 essential functions and services in response to a comprehensive array
 of potential emergencies or disasters.
     (10) "Department" means the state military department.
     (11) "Director" means the adjutant general.
     (12)   "Emergency    management"    or   "comprehensive    emergency
 management" means the preparation for and the carrying out of all
 emergency functions, other than functions for which the military
 forces are primarily responsible, to mitigate, prepare for, respond
 to, and recover from emergencies and disasters, and to aid victims
 suffering from injury or damage, resulting from disasters caused by
 all hazards, whether natural, technological, or human caused, and to
 provide support for search and rescue operations for persons and
 property   in    distress.    However,    "emergency    management"   or
 "comprehensive emergency management" does not mean preparation for
 emergency evacuation or relocation of residents in anticipation of
 nuclear attack.
     (13)(a) "Emergency or disaster" as used in all sections of this
 chapter except RCW 38.52.430 means an event or set of circumstances
 which: (i) Demands immediate action to preserve public health,
 protect life, protect public property, or to provide relief to any
 stricken community overtaken by such occurrences; or (ii) reaches
 such a dimension or degree of destructiveness as to warrant the
 governor proclaiming a state of emergency pursuant to RCW 43.06.010.
     (b) "Emergency" as used in RCW 38.52.430 means an incident that
 requires a normal police, coroner, fire, rescue, emergency medical
 services, or utility response as a result of a violation of one of
 the statutes enumerated in RCW 38.52.430.
     (14) "Emergency response" as used in RCW 38.52.430 means a public
 agency's use of emergency services during an emergency or disaster as
 defined in subsection (13)(b) of this section.
     (15)   "Emergency   services    communication    system"   means   a
 multicounty or countywide communications network, including an
 enhanced or next generation 911 emergency communications system,
 which provides rapid public access for coordinated dispatching of
 services, personnel, equipment, and facilities for police, fire,
 medical, or other emergency services.
     (16) "Emergency services communications system data" includes
 voice or audio; multimedia, including pictures and video; text
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 messages; telematics or telemetrics; or other information that is
 received or displayed, or both, at a public safety answering point in
 association with a 911 access.
     (17) "Emergency worker" means any person who is registered with a
 local emergency management organization, any federally recognized
 Indian tribe as defined in RCW 43.376.010 provided the department is
 in receipt of a tribal government resolution declaring its intention
 to be a participant in the emergency worker program under this
 chapter, or the department and holds an identification card issued by
 the local emergency management director, tribal government, or the
 department for the purpose of engaging in authorized emergency
 management activities or is an employee of the state of Washington or
 any political subdivision thereof who is called upon to perform
 emergency management activities.
     (18) "Executive head" and "executive heads" means the county
 executive in those charter counties with an elective office of county
 executive, however designated, and, in the case of other counties,
 the county legislative authority. In the case of cities and towns, it
 means the mayor in those cities and towns with mayor-council or
 commission forms of government, where the mayor is directly elected,
 and it means the city manager in those cities and towns with council
 manager forms of government. Cities and towns may also designate an
 executive head for the purposes of this chapter by ordinance.
     (19) "Expense of an emergency response" as used in RCW 38.52.430
 means reasonable costs incurred by a public agency in reasonably
 making an appropriate emergency response to the incident, but shall
 only include those costs directly arising from the response to the
 particular incident. Reasonable costs shall include the costs of
 providing police, coroner, firefighting, rescue, emergency medical
 services, or utility response at the scene of the incident, as well
 as the salaries of the personnel responding to the incident.
     (20) "First informer broadcaster" means an individual who:
     (a) Is employed by, or acting pursuant to a contract under the
 direction of, a broadcaster; and
     (b)(i)    Maintains,   including    repairing   or    resupplying,
 transmitters, generators, or other essential equipment at a broadcast
 station or facility; or (ii) provides technical support services to
 broadcasters needed during a period of proclaimed emergency.
     (21) "Incident command system" means: (a) An all-hazards, on-
 scene functional management system that establishes common standards
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 in organization, terminology, and procedures; provides a means
 (unified command) for the establishment of a common set of incident
 objectives   and    strategies   during   multiagency/multijurisdiction
 operations    while     maintaining   individual    agency/jurisdiction
 authority, responsibility, and accountability; and is a component of
 the national interagency incident management system; or (b) an
 equivalent and compatible all-hazards, on-scene functional management
 system.
     (22) "Injury" as used in this chapter shall mean and include
 accidental injuries and/or occupational diseases arising out of
 emergency management activities.
     (23) "Interconnected voice over internet protocol service
 provider" means a provider of interconnected voice over internet
 protocol service as defined by the federal communications commission
 in 47 C.F.R. Sec. 9.3 on January 1, 2009, or a subsequent date
 determined by the department.
     (24) "Life safety information" means information provided to
 people during a response to a life-threatening emergency or disaster
 informing them of actions they can take to preserve their safety.
 Such information may include, but is not limited to, information
 regarding   evacuation,  sheltering,    sheltering-in-place,  facility
 lockdown, and where to obtain food and water.
     (25) "Local director" means the director of a local organization
 of emergency management or emergency services.
     (26) "Local organization for emergency services or management"
 means an organization created in accordance with the provisions of
 this chapter by state or local authority to perform local emergency
 management functions.
     (27) "Next generation 911" means an internet protocol-based
 system comprised of managed emergency services internet protocol
 networks, functional elements (applications), and databases that
 replicate enhanced 911 features and functions as defined in RCW
 82.14B.020(4) that provide additional capabilities designed to
 provide   access    to  emergency    services   from    all  connected
 communications sources and provide multimedia data capabilities for
 public safety answering points.
     (28) "Next generation 911 demarcation point" means the location
 and equipment that separates the next generation 911 network from:
     (a) A telecommunications provider's network, known as the ingress
 next generation 911 demarcation point; and
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     (b) A public safety answering point, known as the egress next
 generation 911 demarcation point.
     (29) "Next generation 911 emergency communications system" means
 a public communications system consisting of networks, databases, and
 public safety answering point 911 hardware, software, and technology
 that is accessed by the public in the state through 911. The system
 includes the capability to: Route incoming 911 voice and data to the
 appropriate public safety answering point that operates in a defined
 911 service area; answer incoming 911 voice and data; and receive and
 display incoming 911 voice and data, including automatic location
 identification and automatic number identification, at a public
 safety answering point. "Next generation 911 emergency communications
 system" includes future modernizations to the 911 system.
     (30) "Next generation 911 emergency services internet protocol
 network" means a managed internet protocol network used for 911
 emergency services communications that is managed and maintained,
 including security and credentialing functions, by the state 911
 coordination office to provide next generation 911 emergency
 communications from the ingress next generation 911 demarcation point
 to the egress next generation 911 demarcation point. It provides the
 internet protocol transport infrastructure upon which application
 platforms and core services are necessary for providing next
 generation 911 services. Next generation 911 emergency services
 internet protocol networks may be constructed from a mix of dedicated
 and shared facilities and may be interconnected at local, regional,
 state, federal, national, and international levels to form an
 internet protocol-based inter-network (network of networks).
     (31) "Next generation 911 service" means public access to the
 next    generation  911   emergency   communications  system  and   its
 capabilities by accessing 911 from communication devices to report
 police, fire, medical, or other emergency situations to a public
 safety answering point.
      (32) "Political subdivision" means any county, city or town.
      (33) "Public agency" means the state, and a city, county,
 municipal corporation, district, town, or public authority located,
 in whole or in part, within this state which provides or may provide
 firefighting,    police,   ambulance,   medical,  or  other   emergency
 services.
      (34) "Public safety answering point" means the public safety
 location that receives and answers 911 voice and data originating in
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 a given area as designated by the county. Public safety answering
 points must be equipped with 911 hardware, software, and technology
 that is accessed through 911 and is capable of answering incoming 911
 calls and receiving and displaying incoming 911 data.
     (a) "Primary public safety answering point" means a public safety
 answering point, as designated by the county, to which 911 calls and
 data originating in a given area and entering the next generation 911
 network are initially routed for answering.
     (b) "Secondary public safety answering point" means a public
 safety answering point, as designated by the county, that only
 receives 911 voice and data that has been transferred by other public
 safety answering points.
     (35)   "Radio   communications  service   company"  means   every
 corporation, company, association, joint stock, partnership, and
 person, their lessees, trustees, or receivers appointed by any court,
 and every city or town making available facilities to provide
 commercial mobile radio services, as defined by 47 U.S.C. S