63K-3-301 - Hazardous Chemical Emergency Response Commission -- Allocation of responsibilities -- Local planning committees -- Specified federal law considered law of state -- Application to federal a - Utah Statutes

63K-3-301. Hazardous Chemical Emergency Response Commission -- Allocation ofresponsibilities -- Local planning committees -- Specified federal law considered law ofstate -- Application to federal agencies and facilities.
(1) (a) The commissioner of the Department of Public Safety and the executive directorof the Department of Environmental Quality, or their respective designees, are designated as thestate's Hazardous Chemical Emergency Response Commission for purposes of carrying out allrequirements of the federal Emergency Planning and Community Right To Know Act of 1986.
(b) A member may not receive compensation or benefits for the member's service, butmay receive per diem and travel expenses in accordance with:
(i) Section 63A-3-106;
(ii) Section 63A-3-107; and
(iii) rules made by the Division of Finance pursuant to Sections 63A-3-106 and63A-3-107.
(2) The Department of Public Safety has primary responsibility for all emergencyplanning activities under the federal Emergency Planning and Community Right To Know Act of1986, and shall prepare policy and procedure and make rules necessary for implementation ofthat act in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(3) The Department of Environmental Quality has primary responsibility for receiving,processing, and managing hazardous chemical information and notifications under the federalEmergency Planning and Community Right To Know Act of 1986, including preparation ofpolicy and procedure, and promulgation of rules necessary for implementation of that act. Funding for this program must be from the appropriation acts.
(4) The Department of Public Safety and the Department of Environmental Quality shallenter into an interagency agreement providing for exchange of information and coordination oftheir respective duties and responsibilities under this section.
(5) (a) The Hazardous Chemical Emergency Response Commission shall appoint a localplanning committee for each local planning district that it establishes, as required by the federalEmergency Planning and Community Right To Know Act of 1986, and to the extent possible,shall use an existing local governmental organization as the local planning committee.
(b) (i) Local government members who do not receive salary, per diem, or expenses fromthe entity that they represent for their service may receive per diem and expenses incurred in theperformance of their official duties at the rates established by the Division of Finance underSections 63A-3-106 and 63A-3-107.
(ii) Local government members may decline to receive per diem and expenses for theirservice.
(6) Requirements of the federal Emergency Planning and Community Right To KnowAct of 1986 pertaining to notification and submission of information are the law of this state, andapply equally to federal agencies, departments, installations, and facilities located in this state, aswell as to other facilities that are subject to that act.

Amended by Chapter 286, 2010 General Session