The Kenai Peninsula Borough Assembly enacted an ordinance providing code updates relating to the declaration of a disaster emergency and the administration and scope of the borough’s emergency powers and duties. New issues related to the borough’s powers and its responsibilities in a disaster emergency were raised during the COVID-19 pandemic. The code update avoids legal exposure, clarifies the scope of the borough’s powers during a disaster emergency, and ensures the administration of those powers during a disaster emergency.
Assembly Member Lane Chesley:
“The COVID-19 pandemic raised new issues related to the scope of the Borough’s powers and administration of its responsibilities during a disaster emergency. Ordinance 2020-19-25 approved federal pass-through grant funding for a project to review and update the KPB’s disaster emergency code provisions. The project objective was to review and recommend potential updates to Borough code in attempt to clarify the scope of Borough powers during a disaster emergency in order to ensure efficient and effective administration of the Borough’s disaster emergency powers. Following a competitive request for proposal process, the Borough contracted with the law firm of Holmes Weddle and Barcott to complete the project.”
Under Emergency Actions of the Assembly, emergency ordinances may be adopted in the event of a disaster, according to the definition under state statute, and they must contain a finding by the assembly that an emergency exists. That EO must also not be used to levy taxes, to grant, renew, or extend a franchise, or to regulate the rate charged by a public utility for its services. Lastly, any other action taken under this section would be effective for 60 days.
With that declaration of a disaster emergency, it also needs to include the area threatened or affected as well as the conditions that brought it about or make possible the termination of the disaster emergency; a statement of available resources to address the emergency; and a statement identifying borough funds to respond to the emergency as well as any funds which may be requested.
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