§128E-5 - Establishment and functions of local emergency planning committees.

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

(b) The members of a committee shall be
appointed by the commission, based upon the recommendations of the respective
mayor of a county. The list of recommended persons shall contain at least one
person from each of the groups listed in subsection (c). The commission may
reject any recommendation made by the mayor of a county and appoint persons who
did not receive a recommendation from the mayor.

(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 emergency
service groups;

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

(8) Other groups recommended by the mayor and
appointed by the commission.

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

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

(f) Each committee shall:

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

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

(A) Identification of each facility subject to
the requirements of section 303 of the Emergency Planning and Community
Right-to-Know Act of 1986, 42 U.S.C. §11003 and within the emergency planning
district; identification of routes likely to be used for the transportation of
substances on the list of extremely hazardous substances; and identification of
additional facilities contributing or subjected to additional risk due to their
proximity to facilities subject to the requirements of this section, such as
hospitals or natural gas facilities;

(B) Methods and procedures to be followed by
facility owners and operators and local emergency and medical personnel in
responding to any release of these substances;

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

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

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

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

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

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

(I) Methods and schedules for exercising the
emergency plan;

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

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

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

(6) Prepare reports, recommendations, and other
information related to the implementation of this chapter, as requested by the
commission;

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

(8) Accept and deposit into the state treasury any
grants, gifts, or other funds received for the purpose of carrying out this
chapter; and

(9) Evaluate the need for resources necessary to
develop, implement, and exercise the emergency plan, and make recommendations
with respect to additional resources that may be required and the means for
providing these additional resources.

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