GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1991

H	1 

HOUSE BILL 1210

Short Title:  Haz. Materials Response Teams.	(Public)
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Sponsors: Representatives Flaherty, Anderson, Stewart; Brubaker, DeVane, Ethridge, Fletcher, Gist, Gottovi, H. Hunter, R. Hunter, and Robinson.
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Referred to:  Environment.
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May 10, 1991

A BILL TO BE ENTITLED
AN ACT TO ESTABLISH A PROGRAM TO PROVIDE FOR REGIONAL RESPONSE TEAMS TO RESPOND TO HAZARDOUS MATERIALS EMERGENCIES IN NORTH CAROLINA, TO ASSESS FEES TO FUND THIS PROGRAM, AND TO ESTABLISH A LEGISLATIVE STUDY COMMISSION TO STUDY HAZARDOUS MATERIALS CONTROL AND MANAGEMENT.
The General Assembly of North Carolina enacts:
Section 1.  Chapter 166A of the General Statutes is amended by adding two new sections to read:
"§ 166A-5.1.  Management of hazardous materials emergencies; Regional Response Teams program.
(a)	The Secretary of Crime Control and Public Safety shall develop a program of regionalized response to hazardous materials emergencies, to be administered by the Division of Emergency Management, Department of Crime Control and Public Safety.  This program shall provide for the establishment of Regional Response Teams that will respond to hazardous materials emergencies across the State.
(b)	The Secretary of Crime Control and Public Safety shall enter into an agreement with:
(1)	The Secretary of Environment, Health, and Natural Resources to clarify the roles and responsibilities of the Department of Crime Control and Public Safety and the Department of Environment, Health, and Natural Resources regarding hazardous materials response; and
(2)	Each Regional Response Team selected pursuant to G.S. 166A-5.2, whereby the team agrees to provide hazardous materials emergency response outside its emergency management area when authorized by the Division of Emergency Management.
(c)	In the event the Division of Emergency Management, Department of Crime Control and Public Safety, responds to a hazardous materials emergency, the Division shall serve as an advisor to the local fire chief.
(d)	When the Division of Emergency Management and the responding Regional Response Team determine that the immediate threat to public safety or the environment no longer exists, the Department of Environment, Health, and Natural Resources shall determine whether and to what extent remedial action is needed.
"§ 166A-5.2.  Regional Response Teams Task Force.
(a)	The Regional Response Teams Task Force is created.  The Secretary of Crime Control and Public Safety shall appoint the members of the Task Force and shall designate the chair.  Members shall include a representative from:
(1)	The Department of Crime Control and Public Safety;
(2)	The Department of Environment, Heath, and Natural Resources;
(3)	The Department of Transportation;
(4)	The Department of Agriculture;
(5)	The Department of Human Resources; and
(6)	The Fire and Rescue Commission;
and as many additional representatives from private industry and professional organizations, including the fire service, emergency management, emergency medical service, and existing hazardous materials teams, as the Secretary determines are needed, but not to exceed 12 such additional representatives.
(b)	The Regional Response Team Task Force shall:
(1)	Establish the standards and procedures of Regional Response Teams.
(2)	No later than March 1, 1992, develop criteria for the selection of Regional Response Teams;
(3)	No later than July 1, 1992, select at least six initial Regional Response Teams from existing private and public haza*rdous materials response units, each to be assigned to one of six emergency management areas.
(4)	Recommend the number of additional Regional Response Teams needed in the State giving consideration to:
a.	The frequency of hazardous materials incidents requiring response;
b.	The expected operational capability for a hazardous materials response;
c.	The desired response time;
d.	The actual response time to all parts of the State; and
e.	Any other factors deemed pertinent by the Task Force.
(5)	Establish minimum equipment needs for the effective response of a Regional Response Team."
Sec. 2.  Chapter 166A of the General Statutes is amended by adding a new section to read:
"§ 166A-6.2.  Fees for hazardous materials emergency response.
(a)	It is the intent of the General Assembly that the fees established by this section are solely to provide funding in addition to federal and State appropriations and other fees to support the Regional Response Teams program.
(b)	Funds collected pursuant to this section shall be used to establish and maintain the Regional Response Teams program to manage hazardous materials emergencies.
(c)	All fees collected by the Department of Crime Control and Public Safety under this section; collected by Department of Environment, Health, and Natural Resources under G.S. 130A-294.2 and transferred to the Department; or collected by the Department of Transportation under G.S. 20-88.03 and transferred to the Department shall be deposited in a separate nonreverting fund within the Department of Crime Control and Public Safety to be administered by the Department and used only to pay the cost of managing hazardous materials emergencies and the Regional Response Teams program, including the cost to contract with or establish Regional Response Teams, reimburse emergency response expenses, and enhance emergency response capabilities within the Division of Emergency Management.
(d)	Any person who operates a hazardous waste facility currently reporting under Section 312 of the Superfund Amendments and Reauthorization Act of 1986, Pub. L. No. 99-499, 100 Stat. 613, as amended (SARA), shall pay an annual fee of one hundred dollars ($100.00) for each such facility.
(e)	Any person who operates a hazardous waste facility currently reporting under Section 313 of SARA shall pay an annual fee of one hundred dollars ($100.00) for each such facility.
(f)	All fees established under this section are due no later than July 31 for the fiscal year beginning July 1 in the same year."
Sec. 3.  G.S. 166A-7 is amended by adding a new subsection to read:
"( f)	This section does not apply to hazardous materials emergency response, which is governed by G.S. 166A-5.1 and G.S. 166A-5.2."
Sec. 4.  G.S. 166A-14(d) reads as rewritten:
"(d)	As used in this section, the term 'emergency management worker' shall include any full or part-time paid, volunteer or auxiliary employee of this State or other states, territories, possessions or the District of Columbia, of the federal government or any neighboring country or of any political subdivision thereof or of any agency or organization performing emergency management services at any place in this State, subject to the order or control of or pursuant to a request of the State government or any political subdivision thereof and shall include any member of a Regional Response Team pursuant to a request of the Division of Emergency Management, Department of Crime Control and Public Safety."
Sec. 5.  Chapter 166A of the General Statutes is amended by adding a new section to read:
"§ 166A-15.1.  Action for reimbursement of cost of hazardous materials emergency response.
The Secretary of Crime Control and Public Safety may develop a system of cost recovery from responsible parties in order to reimburse the Division of Emergency Management and Regional Response Teams under contract with the Secretary for documented expenses associated with responding to a hazardous materials emergency at the request of the Secretary."
Sec. 6.  Part 2 of Article 9 of Chapter 130A of the General Statutes is amended by adding a new section to read:
"§ 130A-294.2.  Fee for hazardous materials emergency response.
(a)	It is the intent of the General Assembly that the fee established by this section is solely to provide funding in addition to federal and State appropriations and other fees to support the Regional Response Teams program.
(b)	Funds collected pursuant to this section shall be used to establish and maintain the Regional Response Teams program to manage hazardous materials emergencies.
(c)	All fees collected by the Department under this section shall be transferred to the Department of Crime Control and Public Safety and deposited in its account pursuant to G.S. 166A-6.2.
(d)	A person who generates either one kilogram or more of any acute hazardous waste as listed in 40 C.F.R. § 261.30(d) or § 261.33(e) as revised July 1, 1987, or 1000 kilograms or more of hazardous waste, in any calendar month during the year beginning July 1 and ending June 30 shall pay an annual fee of thirty-five dollars ($35.00).
(e)	A person who generates 100 kilograms or more of hazardous waste in any calendar month during the year beginning July 1 and ending June 30 but less than 1000 kilograms of hazardous waste in each calendar month during that year shall pay an annual fee of ten dollars ($10.00).
(f)	All fees established under this section are due no later than July 31 for the fiscal year beginning July 1 in the same year."
Sec. 7.  Part 7 of Article 3 of Chapter 20 of the General Statutes is amended by adding a new section to read:
"§ 20-88.03.  Fee for hazardous materials emergency response.
(a)	It is the intent of the General Assembly that the fee established by this section is solely to provide funding, in addition to federal and State appropriations and other fees, to support the Regional Response Teams program.
(b)	Funds collected pursuant to this section shall be used to establish and maintain the Regional Response Teams program to manage hazardous materials emergencies.
(c)	All fees collected by the Department under this section shall be transferred to the Department of Crime Control and Public Safety and deposited in its account pursuant to G.S. 166A-6.2.
(d)	There shall be paid to the Division with the annual fee for the registration and licensing of a vehicle under G.S. 20-88 an annual fee of ten dollars ($10.00)."
Sec. 8.  (a)	The Hazardous Materials Emergency Response Study Commission is created.  The Commission shall consist of 14 members:  seven members appointed by the President Pro Tempore of the Senate, and seven members appointed by the Speaker of the House of Representatives.  Members of the General Assembly may be appointed.  Only public members who have knowledge of or experience in fire service, emergency management, hazardous materials, public health, or emergency medical service may be appointed.
	(b)	The President Pro Tempore of the Senate shall designate one member as cochairman and the Speaker of the House of Representatives shall designate one member as cochairman. 
(c)	The Commission shall study and monitor the implementation and operational effectiveness of the Regional Response Team program and shall consider ways to improve hazardous materials control and management. 
	(d)	The Commission shall submit a final report of its findings and recommendations to the General Assembly on or before the first day of the 1993 Session of the General Assembly by filing the report with the President Pro Tempore of the Senate and the Speaker of the House of Representatives.  Upon filing its final report, the Commission shall terminate.
(e)  The Commission, while in the discharge of official duties, may exercise all the powers provided for under the provisions of G.S. 120-19, and G.S. 120-19.1 through G.S. 120-19.4.  The Commission may meet at any time upon the joint call of the cochairmen.  The Commission may meet in the Legislative Building or the Legislative Office Building.
(f) Members of the Commission shall be paid per diem, subsistence, and travel allowances as follows:
(1)	Members who are also members of the General Assembly, at the rate established in G.S. 120-3.1;
(2)	Members who are officials or employees of the State or local government agencies, at the rate established in G.S. 138-6;
(3)	All other members, at the rate established in G.S. 138-5.
(g)  The Commission may contract for professional, clerical, or consultant services as provided by G.S. 120-32.02.  The Legislative Services Commission, through the Legislative Administrative Officer, shall assign professional staff to assist in the work of the Commission.  The House of Representatives' and the Senate's Supervisor of Clerks shall assign clerical staff to the Commission, upon the direction of the Legislative Services Commission.  The expenses relating to clerical employees shall be borne by the Commission.
(h)  When a vacancy occurs in the membership of the Commission the vacancy shall be filled by the same appointing officer who made the initial appointment.
(i)  All State departments and agencies and local governments and their subdivisions shall furnish the Commission with any information in their possession or available to them.
(j)  There is appropriated from the General Fund to the General Assembly the sum of $15,000 for the 1991-92 fiscal year and the sum of $15,000 for the 1992-93 fiscal year for the expenses of the Commission.
Sec. 9.  The Department of Crime Control and Public Safety shall adopt rules necessary to implement the provisions of this act.
Sec. 10.  Section 8 of this act becomes effective July 1, 1991.  The remainder of this act becomes effective October 1, 1991.