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H.B. 351
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EMERGENCY RESPONSE COMMISSION
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AMENDMENTS
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2000 GENERAL SESSION
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STATE OF UTAH
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Sponsor: A. Lamont Tyler
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AN ACT RELATING TO STATE AFFAIRS IN GENERAL; CREATING THE STATE
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EMERGENCY RESPONSE COMMISSION; DELINEATING ITS MEMBERSHIP;
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ESTABLISHING PROCEDURES; OUTLINING ITS DUTIES; AND ALLOCATING
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RESPONSIBILITIES.
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This act affects sections of Utah Code Annotated 1953 as follows:
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REPEALS AND REENACTS:
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63-5-5, as last amended by Chapter 243, Laws of Utah 1996
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
63-5-5
is repealed and reenacted to read:
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63-5-5. State Emergency Response Commission -- Creation -- Membership -- Salaries
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and expenses -- Allocation of responsibilities -- Local planning committees.
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(1) There is created the State Emergency Response Commission.
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(2) The commission shall consist of 13 members knowledgeable about hazardous materials
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appointed by the governor as follows:
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(a) the director of the Division of Comprehensive Emergency Management or the director's
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designee;
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(b) the director of the Division of Environmental Response and Remediation or the
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director's designee;
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(c) one representative from the attorney general's office;
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(d) one representative from the hazardous materials section of the Utah Highway Patrol;
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(e) one representative from local fire service;
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(f) one representative from the fire marshal's office;
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(g) one representative from the hazardous chemical transportation industry;
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(h) one representative from the fixed site hazardous chemical industry;
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(i) one representative from the recovery and remediation industry;
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(j) one representative from an urban local emergency planning committee;
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(k) one representative from a rural local emergency planning committee;
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(l) one representative from the Department of Transportation; and
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(m) one representative from organized environmental interests.
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(3) The commission shall elect a chair and vice chair on or before April 1 of each year
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from its membership.
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(4) Seven members of the commission are a quorum.
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(5) (a) Except as required by Subsection (5)(b), the governor shall appoint each
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commission member or reappointed member to a four-year term.
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(b) Notwithstanding the requirements of Subsection (5)(a), the governor shall, at the time
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of appointment or reappointment, adjust the length of terms to ensure that the terms of these
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commission members are staggered so that approximately half of the commission membership is
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appointed every two years.
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(c) Each member is eligible for reappointment.
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(d) Commission members shall continue in office until the expiration of their terms and
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until their successors are appointed, but not more than 90 days after the expiration of their terms.
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(6) (a) The commission shall meet as needed, but at least quarterly.
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(b) The commission shall meet at the call of the chair or at the request of any three
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commission members.
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(7) When a vacancy occurs in the membership for any reason, the replacement shall be
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appointed by the governor for the unexpired term.
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(8) (a) (i) Members who are not government employees receive no compensation or
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benefits for their services, but may receive per diem and expenses incurred in the performance of
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the member's official duties at the rates established by the Division of Finance under Sections
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63A-3-106
and
63A-3-107
.
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(ii) Members may decline to receive per diem and expenses for their service.
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(b) (i) State government officer and employee members who do not receive salary, per
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diem, or expenses from their agency for their service may receive per diem and expenses incurred
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in the performance of their official duties from the commission at the rates established by the
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Division of Finance under Sections
63A-3-106
and
63A-3-107
.
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(ii) State government officer and employee members may decline to receive per diem and
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expenses for their service.
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(c) (i) Local government members who do not receive salary, per diem, or expenses from
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the entity that they represent for their service may receive per diem and expenses incurred in the
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performance of their official duties at the rates established by the Division of Finance under
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Sections
63A-3-106
and
63A-3-107
.
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(ii) Local government members may decline to receive per diem and expenses for their
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service.
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(9) The Department of Public Safety and the Department of Environmental Quality shall:
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(a) provide staff services to the commission; and
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(b) share equally commission expenses and costs.
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(10) The commission is the designated state emergency response commission required by
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42 U.S.C. Sec. 1101 and shall:
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(a) comply with the requirements of the Emergency Planning and Community Right To
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Know Act of 1986, 42 U.S.C. Sec. 1101 et seq; and
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(b) in appointing the local planning committees required by that act, use an existing local
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governmental organization as the local planning committee.
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(11) The commission may make rules in accordance with Title 63, Chapter 46A, Utah
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Administrative Rulemaking Act, to administer programs under the federal Emergency Planning
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and Community Right To Know Act of 1986, 42 U.S.C. Sec. 1101 et seq.
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(12) The Department of Public Safety:
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(a) shall conduct all emergency planning activities under the federal Emergency Planning
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and Community Right To Know Act of 1986, 42 U.S.C. Sec. 1101 et seq.;
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(b) may, by following the procedures and requirements of Title 63, Chapter 46a, Utah
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Administrative Rulemaking Act, make rules establishing emergency planning procedures and
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standards; and
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(c) shall provide copies of any proposed rules to the commission for its review before they
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are enacted.
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(13) The Department of Environmental Quality:
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(a) shall receive, process, and manage hazardous chemical information and notifications
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under the federal Emergency Planning and Community Right To Know Act of 1986, 42 U.S.C.
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Sec. 2002 et seq.;
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(b) may, by following the procedures and requirements of Title 63, Chapter 46a, Utah
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Administrative Rulemaking Act, make rules establishing policies and procedures for receiving,
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processing, and managing chemical information and notifications; and
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(c) shall provide copies of any proposed rules to the commission for its review before they
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are enacted.
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(14) The Department of Public Safety and the Department of Environmental Quality shall
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enter into an interagency agreement providing for exchange of information and coordination of
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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.