[§128E-5]  Establishment and functions oflocal emergency planning committees.  (a)  A minimum of one local emergencyplanning committee shall be established in each county.  The committee shall besubject to the requirements of this chapter and section 303 of the EmergencyPlanning and Community Right-to-Know Act of 1986, 42 U.S.C. §11003.

(b)  The members of a committee shall beappointed by the commission, based upon the recommendations of the respectivemayor of a county.  The list of recommended persons shall contain at least oneperson from each of the groups listed in subsection (c).  The commission mayreject any recommendation made by the mayor of a county and appoint persons whodid not receive a recommendation from the mayor.

(c)  A committee shall be composed of at leastone person from each of the following groups:

(1)  Elected state and county officials;

(2)  Law enforcement, first aid, health,environmental, hospital, and transportation personnel;

(3)  Firefighting personnel;

(4)  Civil defense and emergency management personnel;

(5)  Broadcast and print media personnel;

(6)  Community groups not affiliated with emergencyservice groups;

(7)  Owners and operators of facilities subject to therequirements of the Emergency Planning and Community Right-to-Know Act of 1986;and

(8)  Other groups recommended by the mayor andappointed by the commission.

(d)  Not more than sixty days after theoccurrence of a vacancy, the commission, based upon the recommendations of themayor, shall appoint a successor member to the committee, unless therequirements of subsection (c) have been fulfilled.

(e)  Upon the failure of the mayor of a countyto submit a list of nominees to the commission not more than forty-five daysafter notice of a vacancy, the commission shall make the appointment on its owninitiative unless the requirements of subsection (c) have been fulfilled.

(f)  Each committee shall:

(1)  Adopt bylaws and other administrative proceduresto carry out the duties, requirements, and responsibilities set forth in thischapter, and as required by the commission and the Emergency Planning andCommunity Right-to-Know Act of 1986;

(2)  Take appropriate actions to ensure thepreparation, implementation, and annual update and review of the localemergency response plan required by this chapter and the Emergency Planning andCommunity Right-to-Know Act of 1986.  The local emergency response plans shallinclude, but not be limited to, the following:

(A)  Identification of each facility subject tothe requirements of section 303 of the Emergency Planning and CommunityRight-to-Know Act of 1986, 42 U.S.C. §11003 and within the emergency planningdistrict; identification of routes likely to be used for the transportation ofsubstances on the list of extremely hazardous substances; and identification ofadditional facilities contributing or subjected to additional risk due to theirproximity to facilities subject to the requirements of this section, such ashospitals or natural gas facilities;

(B)  Methods and procedures to be followed byfacility owners and operators and local emergency and medical personnel inresponding to any release of these substances;

(C)  Designation of a community emergencycoordinator and facility emergency coordinators, who shall make determinationsnecessary to implement the plan;

(D)  Procedures providing reliable, effective,and timely notification by facility emergency coordinators and the communityemergency coordinator to persons designated in the emergency plan, and thepublic, that a release has occurred, consistent with the notificationrequirements of this chapter and section 304 of the Emergency Planning andCommunity Right-to-Know Act of 1986, 42 U.S.C. §11004;

(E)  Methods for determining the occurrence ofa release, and the area or population likely to be affected by the release;

(F)  A description of emergency equipment andfacilities in the county and at each facility in the county subject to therequirements of this section, and the identification of the persons responsiblefor the equipment and facilities;

(G)  Evacuation plans, including provisions forprecautionary evacuation and alternate traffic routes;

(H)  Training programs, including schedules fortraining of local emergency response and medical personnel; and

(I)  Methods and schedules for exercising theemergency plan;

(3)  Request additional information from thefacilities, if necessary, to develop emergency response plans;

(4)  Submit local emergency response plans to thecommission for review, and to other affected agencies upon request;

(5)  Report to the commission on alleged violations ofthis chapter;

(6)  Prepare reports, recommendations, and otherinformation related to the implementation of this chapter, as requested by thecommission;

(7)  Have the primary responsibility for receiving,processing, and managing hazardous chemical information forms and data, tradesecrets, and public information requests pursuant to this chapter;

(8)  Accept and deposit into the state treasury anygrants, gifts, or other funds received for the purpose of carrying out thischapter; and

(9)  Evaluate the need for resources necessary todevelop, implement, and exercise the emergency plan, and make recommendationswith respect to additional resources that may be required and the means forproviding these additional resources.

(g)  The administrative and operationalexpenses of a committee may be paid by the State. [L 1993, c 300, pt of§1]