26-343

26-343. Arizona emergency response commission;
advisory committee; powers and duties

A. The Arizona emergency response commission is established consisting of the
director of the division, who shall serve as chairperson, and the directors, or their
respective designees, of the department of environmental quality, the department of
health services, the department of public safety and the department of transportation.

B. An advisory committee to the commission is established consisting of:

1. The state fire marshal.

2. The chief administrative officer, or the officer's designee, of the following
agencies:

(a) Arizona department of agriculture.

(b) Corporation commission.

(d) Radiation regulatory agency.

(e) State mine inspector.

3. Two representatives nominated by the Arizona fire chiefs association
incorporated or its successor agency. One nominee shall represent a fire department
serving a population of two hundred fifty thousand or more persons. One nominee shall
represent a fire department or fire district serving a population of less than two
hundred fifty thousand persons. The term of appointment is for two years.

C. The governor shall appoint four private sector representatives to the advisory
committee to the commission after reviewing the recommendations provided by the
commission. The governor shall appoint, or reappoint, two of the members each year from
the private sector, to serve terms of two years. These members, to the extent
practicable, shall have technical expertise in the emergency response field.

D. The members of the commission shall serve without compensation but are eligible
for reimbursement for travel and other expenses as provided by law. The division and the
department of environmental quality shall provide such professional, technical or
administrative staff support as necessary to implement and perform the commission duties.

E. The commission shall meet as often as necessary and may organize itself into
such support committees as necessary to implement this article and title III in this
state. The full commission shall meet at least annually. The commission may adopt
internal operating rules.

F. The commission shall administer this article and the rules adopted under this
article. The commission shall administer title III in this state and may conduct
whatever activities are necessary to implement this article and title III in this
state. The commission is granted all the authority and responsibilities of a state
emergency response commission for purposes of title III.

G. The commission may procure by contract the temporary or intermittent services of
experts or consultants if such services are to be performed on a part-time or
fee-for-services basis and do not involve the performance of administrative duties. The
commission may also enter into agreements with the federal government, Indian tribes,
other states and political subdivisions of this state for the purposes of this
article. The commission may also accept on behalf of this state any reimbursement, grant
or gift that may become available for purposes of this chapter. The commission shall
deposit, pursuant to sections 35-146 and 35-147, any such monies in the emergency
response fund.

H. The commission shall establish a program of financial grants to local
governments funded through the division by appropriations to the emergency response
fund. The grants shall be dedicated to and used for local compliance with this
article. The commission shall include procedures for applying for the grants and
qualifying criteria for awarding the grants.

I. The commission shall adopt and may modify, suspend or repeal rules pursuant to
title 41, chapter 6. The rules may not be more stringent than title III and the federal
regulations adopted under title III, except as specifically authorized in this
article. These rules shall implement this chapter and title III in this state. The
authority to adopt rules includes establishing:

1. Procedures for handling public information requests.

2. Procedures and implementing programs for chemical emergency planning and
preparedness.

3. Community right-to-know program reporting requirements.

4. Release reporting requirements.

J. Commissioners and advisory committee members shall ensure that mandatory
hazardous materials training programs for on-scene command personnel that are developed,
delivered or managed by their respective agencies, departments or divisions address
notification procedures, coordination of services and comprehensive management for
protection of the public health during and after a chemical or other toxic fire
event. The training shall include notification and coordination with the emergency
response unit of the department of environmental quality, the department of public
safety, the department of transportation, the radiation regulatory agency, the
commission, local emergency planning committees, the department of health services, the
division of emergency management, the national response center and the Arizona poison
control system. Training shall also include orientation on the state emergency response
and recovery plan concerning hazardous materials. Commissioners and advisory committee
members shall encourage private companies that deliver similar training in Arizona to
include the same curriculum in their programs.