The Alaska Legislature on Wednesday approved a 30-day extension for the state of disaster covering the fall 2025 storms that battered the state’s west coast.
The extension allows the state to continue spending money from its disaster response fund as it continues cleanup and repair efforts from two storms in October. Hundreds of Alaskans were displaced by the disasters, which devastated coastal communities.
The Alaska Senate approved the extension in a 19-0 vote on Monday, but the extension nearly failed in the Alaska House after members of the House’s Republican minority caucus raised procedural issues on Wednesday and said members of the majority were not following state law.
The extension was included in Senate Concurrent Resolution 12, which retroactively approves extensions issued since October and allows the governor to spend more from the state’s disaster response fund.
“Doing this as a resolution is dangerous, I think it’s a mistake, and I’m not even certain that it’s legal,” said House Minority Leader DeLena Johnson, R-Palmer.
Johnson and other Republicans said that under their interpretation of state law, legislators would need to approve the spending via a bill, not a resolution.
A legislative attorney, writing in a Feb. 2 memo to Speaker of the House Bryce Edgmon, I-Dillingham, said, “when the legislature means to take action having a binding effect on those outside the legislature, including extending a disaster declaration, the legislature must enact a bill in a special or regular session rather than using the less formal resolution process.”
Johnson was rebutted by House Rules Chair Louise Stutes, R-Kodiak and a member of the House’s majority coalition.
“This is not new money,” she said. “This is money that has been (in the fund) and is being allowed to be appropriated out. … it’s been agreed upon that maybe this wasn’t the optimum way. Nothing’s perfect. We’re moving forward. We are trying to do the best we can as quickly as we can. Time is of the essence, so I ask you to ask yourself: Do you want to be right in how it is done, or do you want to do the right thing when there’s a question?”
The House vote was 22-18, with Rep. Will Stapp, R-Fairbanks, joining the 21 members of the House’s coalition majority in support. All other members of the House Republican minority voted against the resolution.
As debate opened, Rep. Nellie Unangiq Jimmie, D-Toksook Bay, became choked up as she described the disaster, which devastated her district and resulted in the largest peacetime evacuation in state history.
“Today, months later, 340 of our neighbors remain without permanent houses. Mr. Speaker, we are Yup’ik. Our people have lived in this delta for thousands of years. We know storms. We know water. We know loss,” she said. “We have lived on this coast for thousands of years, and we’ve survived ice ages, epidemics, colonization. We’ve survived by adapting, sharing, by refusing to abandon our homes, but you can’t really live when your home floats 10 miles out to sea, when your fuel tanks that heat your home in winter are submerged in salt water.”
On Jan. 28, Gov. Mike Dunleavy requested permission to spend $20.5 million from the disaster response fund, up $5.5 million from a prior request.
When federal money is added to that tally, the total amount is $39.25 million.
More spending is expected.
Last week, the director of the Alaska Division of Homeland Security and Emergency Management said that the Federal Emergency Management Agency has estimated at least $125 million in state and federal costs related to the storm disaster.
“The declaration allows state agencies to continue their emergency response and to extend state funds as needed,” said Rep. Andy Josephson, D-Anchorage and co-chair of the House Finance Committee.
Rep. Justin Ruffridge, R-Soldotna, took issue with the fact that after Dunleavy declared a state of disaster in October, the Speaker of the House and Senate President approved subsequent 30-day extensions without consulting legislators.
“I think we should have called ourselves in (to special session), or the third floor should have called us in (to special session) to take up this very important issue,” Ruffridge said.
“What precedent does this set for the presiding officers to make the decisions before us on our behalf?” he asked. “What power do we give the executive by allowing disaster declarations to continue without (the House) or the (Senate) taking up that order of business?”
Rep. Dan Saddler, R-Eagle River, said he worries that failing to follow proper procedure could leave disaster relief vulnerable to legal challenge.
“We put the reliability of that relief at question if this is not done right,” he said.
The day after the vote, Ruffridge said members of the minority have drafted a bill that would fix the problems they see, and that bill is being reviewed by legislative attorneys.
House Majority Leader Chuck Kopp, R-Anchorage, said legislative attorneys have reviewed the majority’s plan.
“We have had our legal department tell us that this passes muster,” he said during the debate.
After the vote, Kopp’s office was unable to provide a legal memo to that effect but said he had received verbal advice.
Josephson, wrapping up debate, said the majority was working in good faith with Dunleavy to get the money out the door quickly.
“Given the urgency of the matter, we’re trying to cooperate with the executive branch,” he said.