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H.B. 351

             1     

EMERGENCY RESPONSE COMMISSION

             2     
AMENDMENTS

             3     
2000 GENERAL SESSION

             4     
STATE OF UTAH

             5     
Sponsor: A. Lamont Tyler

             6      AN ACT RELATING TO STATE AFFAIRS IN GENERAL; CREATING THE STATE
             7      EMERGENCY RESPONSE COMMISSION; DELINEATING ITS MEMBERSHIP;
             8      ESTABLISHING PROCEDURES; OUTLINING ITS DUTIES; AND ALLOCATING
             9      RESPONSIBILITIES.
             10      This act affects sections of Utah Code Annotated 1953 as follows:
             11      REPEALS AND REENACTS:
             12          63-5-5, as last amended by Chapter 243, Laws of Utah 1996
             13      Be it enacted by the Legislature of the state of Utah:
             14          Section 1. Section 63-5-5 is repealed and reenacted to read:
             15          63-5-5. State Emergency Response Commission -- Creation -- Membership -- Salaries
             16      and expenses -- Allocation of responsibilities -- Local planning committees.
             17          (1) There is created the State Emergency Response Commission.
             18          (2) The commission shall consist of 13 members knowledgeable about hazardous materials
             19      appointed by the governor as follows:
             20          (a) the director of the Division of Comprehensive Emergency Management or the director's
             21      designee;
             22          (b) the director of the Division of Environmental Response and Remediation or the
             23      director's designee;
             24          (c) one representative from the attorney general's office;
             25          (d) one representative from the hazardous materials section of the Utah Highway Patrol;
             26          (e) one representative from local fire service;
             27          (f) one representative from the fire marshal's office;


             28          (g) one representative from the hazardous chemical transportation industry;
             29          (h) one representative from the fixed site hazardous chemical industry;
             30          (i) one representative from the recovery and remediation industry;
             31          (j) one representative from an urban local emergency planning committee;
             32          (k) one representative from a rural local emergency planning committee;
             33          (l) one representative from the Department of Transportation; and
             34          (m) one representative from organized environmental interests.
             35          (3) The commission shall elect a chair and vice chair on or before April 1 of each year
             36      from its membership.
             37          (4) Seven members of the commission are a quorum.
             38          (5) (a) Except as required by Subsection (5)(b), the governor shall appoint each
             39      commission member or reappointed member to a four-year term.
             40          (b) Notwithstanding the requirements of Subsection (5)(a), the governor shall, at the time
             41      of appointment or reappointment, adjust the length of terms to ensure that the terms of these
             42      commission members are staggered so that approximately half of the commission membership is
             43      appointed every two years.
             44          (c) Each member is eligible for reappointment.
             45          (d) Commission members shall continue in office until the expiration of their terms and
             46      until their successors are appointed, but not more than 90 days after the expiration of their terms.
             47          (6) (a) The commission shall meet as needed, but at least quarterly.
             48          (b) The commission shall meet at the call of the chair or at the request of any three
             49      commission members.
             50          (7) When a vacancy occurs in the membership for any reason, the replacement shall be
             51      appointed by the governor for the unexpired term.
             52          (8) (a) (i) Members who are not government employees receive no compensation or
             53      benefits for their services, but may receive per diem and expenses incurred in the performance of
             54      the member's official duties at the rates established by the Division of Finance under Sections
             55      63A-3-106 and 63A-3-107 .
             56          (ii) Members may decline to receive per diem and expenses for their service.
             57          (b) (i) State government officer and employee members who do not receive salary, per
             58      diem, or expenses from their agency for their service may receive per diem and expenses incurred


             59      in the performance of their official duties from the commission at the rates established by the
             60      Division of Finance under Sections 63A-3-106 and 63A-3-107 .
             61          (ii) State government officer and employee members may decline to receive per diem and
             62      expenses for their service.
             63          (c) (i) Local government members who do not receive salary, per diem, or expenses from
             64      the entity that they represent for their service may receive per diem and expenses incurred in the
             65      performance of their official duties at the rates established by the Division of Finance under
             66      Sections 63A-3-106 and 63A-3-107 .
             67          (ii) Local government members may decline to receive per diem and expenses for their
             68      service.
             69          (9) The Department of Public Safety and the Department of Environmental Quality shall:
             70          (a) provide staff services to the commission; and
             71          (b) share equally commission expenses and costs.
             72          (10) The commission is the designated state emergency response commission required by
             73      42 U.S.C. Sec. 1101 and shall:
             74          (a) comply with the requirements of the Emergency Planning and Community Right To
             75      Know Act of 1986, 42 U.S.C. Sec. 1101 et seq; and
             76          (b) in appointing the local planning committees required by that act, use an existing local
             77      governmental organization as the local planning committee.
             78          (11) The commission may make rules in accordance with Title 63, Chapter 46A, Utah
             79      Administrative Rulemaking Act, to administer programs under the federal Emergency Planning
             80      and Community Right To Know Act of 1986, 42 U.S.C. Sec. 1101 et seq.
             81          (12) The Department of Public Safety:
             82          (a) shall conduct all emergency planning activities under the federal Emergency Planning
             83      and Community Right To Know Act of 1986, 42 U.S.C. Sec. 1101 et seq.;
             84          (b) may, by following the procedures and requirements of Title 63, Chapter 46a, Utah
             85      Administrative Rulemaking Act, make rules establishing emergency planning procedures and
             86      standards; and
             87          (c) shall provide copies of any proposed rules to the commission for its review before they
             88      are enacted.
             89          (13) The Department of Environmental Quality:


             90          (a) shall receive, process, and manage hazardous chemical information and notifications
             91      under the federal Emergency Planning and Community Right To Know Act of 1986, 42 U.S.C.
             92      Sec. 2002 et seq.;
             93          (b) may, by following the procedures and requirements of Title 63, Chapter 46a, Utah
             94      Administrative Rulemaking Act, make rules establishing policies and procedures for receiving,
             95      processing, and managing chemical information and notifications; and
             96          (c) shall provide copies of any proposed rules to the commission for its review before they
             97      are enacted.
             98          (14) The Department of Public Safety and the Department of Environmental Quality shall
             99      enter into an interagency agreement providing for exchange of information and coordination of
             100      their respective duties and responsibilities under this section.




Legislative Review Note
    as of 2-9-00 12:54 PM


A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel


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