GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1993

S	1 

SENATE BILL 72*

Short Title:  Hazardous Materials Emergency Response.  	(Public)
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Sponsors: Senators Parnell; Martin of Pitt, Ward, Sherron, Plyler, Allran, Albertson, and Jordan.
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Referred to:  Manufacturing and Labor.
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February 8, 1993

A BILL TO BE ENTITLED
AN ACT TO ESTABLISH REGIONAL RESPONSE TEAMS FOR HAZARDOUS MATERIALS EMERGENCIES IN NORTH CAROLINA.
Whereas, since 1989 over 1,800 chemical incidents have been reported annually from across the State to the Department of Crime Control and Public Safety, Division of Emergency Management; and
Whereas, these incidents involve both transportation accidents and mishaps at facilities using or storing hazardous materials; and
Whereas,  North Carolina has more than 95,144 functional miles of highway over which hazardous materials are transported and more than 6,486 facilities that are required to file reports on quantities of hazardous or extremely hazardous materials present at their facilities pursuant to Title III of the Superfund Amendments and Reauthorization Act of 1986, Pub. L. No. 99-499, 100 Stat. 1613, as amended; and
Whereas, in 1989, the Occupational Safety and Health Administration issued its regulations at 29 Code of Federal Regulations § 1910.120 governing hazardous materials emergency response; and
Whereas, these regulations require minimum thresholds of training and equipment for persons responding to hazardous incidents, that, although very expensive to implement, protect not only the health and safety of those responding to hazardous materials emergencies, but also the public's health and safety.  Rapid and appropriate response to hazardous materials incidents saves lives and money and protects the environment; and
Whereas, the cost of equipping and training a hazardous materials emergency response team, taken together with the low frequency of incidents in some jurisdictions, makes establishment of these teams infeasible for many local jurisdictions; and
Whereas, the establishment of a regional program of hazardous materials emergency response is the most appropriate and cost-effective means of protecting the citizens of the State from the effects of uncontrolled releases of hazardous materials;
Now, therefore,
The General Assembly of North Carolina enacts:
Section 1.  Chapter 166A of the General Statutes is amended by adding a new Article 2 to read:
"ARTICLE 2.
"§ 166A-17.  Title,  Purpose.  
(a)	This Article may be cited as the 'North Carolina Hazardous Materials Emergency Response Act.'
(b)	The purpose of this Article is to establish a system of regional response to hazardous materials emergencies in the State to protect the health and safety of its citizens.
"§ 166A-18.  Definitions.
As used in this Article:
(a)	'Hazardous materials emergency response team' or 'hazmat team' means an organized group of persons specially trained and equipped to respond to and control actual or potential leaks or spills of hazardous materials.
(b)	'Hazardous material' means any material defined as a hazardous substance under 29 Code of Federal Regulations § 1910.120(a)(3).
(c)	'Hazardous materials incident' or 'hazardous materials emergency' means an uncontrolled release, or threatened release of a hazardous substance requiring outside assistance by a local fire department or hazmat team to contain and control.
(d)	'Regional response team' means a hazmat team under contract with the State to provide response to hazardous materials emergencies occurring outside the hazmat team's local jurisdiction at the direction of the Department of Crime Control and Public Safety, Division of Emergency Management.
(e)	'Secretary' means the Secretary of the Department of Crime Control and Public Safety.
(f)	'Technician-level entry capability' means the capacity of a hazmat team, in terms of training and equipment as specified in 29 Code of Federal Regulations § 1910.120,  to respond to a hazardous materials incident requiring affirmative measures, such as patching, plugging, or other action necessary to stop and contain the release of a hazardous substance at its source.
"§ 166A-19.  Hazardous materials emergency response program.
(a)	The Secretary shall adopt rules establishing a regional response program for hazardous materials emergencies, to be administered by the Division of Emergency Management.  To the extent possible, the regional response program shall be coordinated with other emergency planning activities of the State.  The regional response program shall include at least six hazmat teams located strategically across the State that are available to provide regional response to hazardous materials incidents requiring technician-level entry capability and 24-hour dispatch and communications capability at the Division of Emergency Management Operations Center.  The rules for the program shall include:
(1)	Standards, including training, equipment, and personnel standards required to operate a regional response team with technician-level entry capability.
(2)	Guidelines for the dispatch of a regional response team to a hazardous materials incident.
(3)	Guidelines for the on-site operations of a regional response team.
(4)	Standards for administration of a regional response team, including procedures for reimbursement of response costs.
(5)	Refresher and specialist training for members of  regional response teams.
(6)	Procedures for recovering the costs of a response to a hazardous materials incident from persons determined to be responsible for the emergency.
(7)	Procedures for bidding and contracting for the provision of a hazmat team for the regional response program.
(8)	Criteria for evaluating bids for the provision of a hazmat team for regional response.
(9)	Delineation of the roles of the regional response team, local fire department and local public safety personnel, the Division of Emergency Management's area coordinator, and other State agency personnel responding to the scene of a hazardous materials incident.
(b)	In developing the program and adopting rules, the Secretary shall consult with the Regional Response Team Advisory Committee established pursuant to G.S. 166A-24.
"§ 166A-20.  Contracts, equipment loans.
(a)	The Secretary may contract with any unit or units of local government for the provision of a regional response team to implement the regional response program.  Contracts are to be let consistent with the bidding and contract standards and procedures adopted pursuant to G.S. 166A-19(a)(7) and (8).  In entering into contracts with units of local government, the Secretary may agree to provide:
(1)	A loan of equipment, including a hazmat vehicle, necessary for the provision technician-level entry capability;
(2)	Reimbursement of personnel costs when a regional response team is authorized by the Department to respond to a hazmat incident, including the cost of call-back personnel;
(3)	Reimbursement for use of equipment and vehicles owned by the regional response team;
(4)	Replacement of disposable materials and damaged equipment;
(5)	Costs of medical surveillance for members of the regional response team, including baseline, maintenance, and exit physicals;
(6)	Training expenses; and
(7)	Other provisions agreed to by the Secretary and the regional response team.
(b)	The Secretary shall not agree to provide reimbursement for:
(1)	Costs of clean-up activities, after a spill or leak has been contained;
(2)	Local response not requiring technician-level entry capability; or
(3)	Standby time.
(c)	Any contract entered into between the Secretary and a unit of local government for the provision of a regional response team shall specify that the members of the regional response team, when performing their duties under the contract, shall not be employees of the State and shall not be entitled to benefits under the Retirement System for Teachers and State Employees, benefits for the payment of federal social security, employment insurance, or workers' compensation.
(c)	Regional response teams that have the use of a State hazmat vehicle may use the vehicle for local purposes.  Where a State vehicle is used for purposes other than authorized regional response to a hazardous materials incident, the regional response team shall be liable for repairs or replacements directly attributable to the nonauthorized response.
"§ 166A-21.  Immunity of regional response team personnel.
Members of a regional response team shall be protected from liability under the provisions of G.S. 166A-14(a)	while responding to a hazardous materials incident pursuant to authorization from the Division of Emergency Management.
"§ 166A-22.  Right of entry.
A regional response team, when authorized to respond to a release or threatened release of hazardous materials, may enter onto any private or public property on which the release has occurred or on which there is an imminent threat of such release.  A regional response team may also enter, under such circumstances, any adjacent or surrounding property in order to respond to the release or threatened release of hazardous material or to monitor, control, and contain the release or perform any other action in mitigation of a hazardous materials incident.
"§ 166A-23.  Regional response team advisory committee.
(a)	The Regional Response Team Advisory Committee is created.  The Secretary shall appoint the members of the Committee and shall designate the chair.  In making appointments, the Secretary shall take into consideration the expertise of the appointees in the management of hazardous materials emergencies.  The Secretary shall appoint one representative from:
(1)	The Division of Emergency Management;
(2)	The North Carolina Highway Patrol;
(3)	The Fire and Rescue Commission;
(4)	The Department of Environment, Health, and Natural Resources;
(5)	The Department of Transportation;
(6)	The Department of Agriculture;
(7)	The Chemical Industry Council of North Carolina;
(8)	The N.C. Association of Hazardous Materials Responders;
(9)	Each regional response team.
In addition to the persons listed above, the Secretary shall appoint to the Advisory Committee three persons designated jointly by the North Carolina Fire Chiefs Association and the North Carolina Firemen's Association.
(b)	The Advisory Committee shall meet on the call of the chair, or at the request of the Secretary; provided that the Committee shall meet no less than once every three months.  The Department of Crime Control and Public Safety shall provide space for the Advisory Committee to meet.  The Department also shall provide the Advisory Committee with necessary support staff and supplies to enable the Committee to carry out its duties in an effective manner.
(c)	Members of the Advisory Committee shall serve without pay, but shall receive travel allowance, lodging, subsistence, and per diem as provided by G.S. 138-5.
(d)	The Regional Response Team Advisory Committee shall advise the Secretary on the establishment of the program for regional response to hazardous materials emergencies in the State.  The Committee shall also evaluate and advise the Secretary of the need for additional regional response teams to serve the State.
"§ 166A-24. Action for the recovery of costs of hazardous materials emergency response.
A person who causes the release of a hazardous material requiring the activation of a regional response team shall be liable for all costs incurred by the regional response team in responding to and mitigating the incident.  The Secretary shall invoice the person liable for the hazardous materials release, and, in the event of nonpayment, may institute an action to recover those costs in the superior court division of the county in which the release occurred."
"§ 166A-25.  Hazardous Materials Emergency Response Fund.
There is established in the Department of Crime Control and Public Safety a nonreverting fund for those monies collected pursuant to G.S.166A-25. The Fund is also authorized to accept any gift, grant, or donation of money or property to facilitate the establishment and operation of the regional response system."
Sec. 2.  There is appropriated from the General Fund to the Department of Crime Control and Public Safety the sum of two million, six hundred thirty-nine thousand eight hundred eighteen dollars ($2,639,818) for the 1993-94 fiscal year,  and the sum of nine hundred forty-eight thousand, three hundred forty-three dollars ($948,343) for the 1994-95 fiscal year to be distributed as follows:
(1)	Two million five hundred twenty-one thousand four hundred dollars ($2,521,400) in the 1993-94 fiscal year to establish, equip, and train a minimum of six hazmat teams to provide regionalized response to hazardous materials emergencies across the State. This amount shall be reduced by the amount of any grants, gifts, or donations received by the Hazardous Materials Emergency Response Fund during the 1993-94 fiscal year.
(2)	Seven hundred forty-one thousand four hundred dollars ($741,400) in the 1994-95 fiscal year, to cover the ongoing operational costs of the regional response teams, including replacement equipment and training.
(3)	One hundred eighteen thousand four hundred eighteen dollars ($118,418) in the 1993-94 fiscal year, and two hundred six thousand nine hundred forty-three dollars ($206,943) in the 1994-95 fiscal year, for additional personnel to provide 24-hour coverage at the Division of Emergency Management Operations Center in Raleigh and for an industrial hygienist.
Sec. 3.  This act becomes effective July 1, 1993.