§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) 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; am L 2014, c 111, §28]

Revision Note

In subsection (c)(4), "Civil defense and emergency management personnel", as amended by L 2014, c 111, §28, changed to "Emergency management personnel" pursuant to §23G-15.