Utah Code § 53-2a-702

Hazardous Chemical Emergency Response Commission -- Allocation of
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responsibilities -- Local planning committees -- Specified federal law considered law of
state -- Application to federal agencies and facilities.
(1)
(a) The commissioner and the executive director of the Department of Environmental Quality, or
their respective designees, are designated as the state's Hazardous Chemical Emergency
Response Commission for purposes of carrying out all requirements 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, but may
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 and 63A-3-107.
(2) The Department of Public Safety has primary responsibility for all emergency planning activities
under the federal Emergency Planning and Community Right To Know Act of 1986, and shall
prepare policy and procedure and make rules necessary for implementation of that 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 federal Emergency
Planning and Community Right To Know Act of 1986, including preparation of policy 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 shall enter
into an interagency agreement providing for exchange of information and coordination of their
respective duties and responsibilities under this section.

(5)
(a) The Hazardous Chemical Emergency Response Commission shall appoint a local planning
committee for each local planning district that it establishes, as required by the federal
Emergency 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 from the entity
that they represent for their service may receive per diem and expenses incurred in the
performance of their official duties at the rates established by the Division of Finance under
Sections 63A-3-106 and 63A-3-107.
(ii) Local government members may decline to receive per diem and expenses for their service.
(6) Requirements of the federal Emergency Planning and Community Right To Know Act of 1986
pertaining to notification and submission of information are the law of this state, and apply
equally to federal agencies, departments, installations, and facilities located in this state, as well
as to other facilities that are subject to that act.
Renumbered and Amended by Chapter 295, 2013 General Session

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