§ 166A-23. Contracts; equipment loans. - North Carolina Statutes

§ 166A‑23.  Contracts; equipment loans.

(a)        The Secretary may contract with any unit or units of localgovernment for the provision of a regional response team to implement theregional response program. Contracts are to be let consistent with the bidding andcontract standards and procedures adopted pursuant to G.S. 166A‑22(a)(7)and (8). In entering into contracts with units of local government, theSecretary may agree to provide:

(1)        A loan of equipment, including a hazmat vehicle, necessaryfor the provision technician‑level entry capability;

(2)        Reimbursement of personnel costs when a regional responseteam is authorized by the Department to respond to a hazmat or terroristincident, including the cost of call‑back personnel;

(3)        Reimbursement for use of equipment and vehicles owned by theregional response team;

(4)        Replacement of disposable materials and damaged equipment;

(5)        Costs of medical surveillance for members of the regionalresponse team, including baseline, maintenance, and exit physicals;

(6)        Training expenses; and

(7)        Other provisions agreed to by the Secretary and the regionalresponse team.

(b)        The Secretary shall not agree to provide reimbursement for:

(1)        Costs of clean‑up activities, after a spill or leakhas been contained;

(2)        Local response not requiring technician‑level entrycapability; or

(3)        Standby time.

(c)        Any contract entered into between the Secretary and a unitof local government for the provision of a regional response team shall specifythat the members of the regional response team, when performing their dutiesunder the contract, shall not be employees of the State and shall not beentitled to benefits under the Teachers' and State Employees' Retirement Systemor for the payment by the State of federal social security, employmentinsurance, or workers' compensation.

(d)        Regional response teams that have the use of a State hazmatvehicle may use the vehicle for local purposes. Where a State vehicle is usedfor purposes other than authorized regional response to a hazardous materialsor terrorist incident, the regional response team shall be liable for repairsor replacements directly attributable to the nonauthorized response. (1993 (Reg. Sess., 1994), c. 769, s. 22.4(b); 2002‑179, s.21(d).)