§ 10-3-1204 — State Emergency Response Commission -- Members -- Duties -- Establishment Of Hazardous Material Incident Response And Hazardous Material Incident Management Teams

Montana § 10-3-1204

• Jurisdiction: Montana
• Title 10: MILITARY AFFAIRS AND DISASTER AND EMERGENCY SERVICES
• Ch. 3: DISASTER AND EMERGENCY SERVICES
• Part 12: Response to Hazardous Material Incidents

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10-3-1204 . State emergency response commission -- members -- duties -- establishment of hazardous material incident response and hazardous material incident management teams. (1) There is a state emergency response commission that is attached to the department for administrative purposes. The commission consists of 8 members appointed by the governor. The commission must include representatives of the department of environmental quality, the division, the department of transportation and the department of public health and human services, a tribal emergency response commission member, and three people with hazardous material emergency planning experience. Members of the commission serve terms of 4 years and may be reappointed. The members shall serve without compensation. The governor shall appoint the presiding officer.
(2) The commission shall implement the provisions of this part. The commission may approve regional hazardous material incident response teams to respond to hazardous material incidents. The members of the team must be certified in accordance with the plan.
(3) The commission may enter into written agreements with each entity or person providing equipment or services to the hazardous material incident response teams.
(4) The commission or its designee may direct that hazardous material incident response teams be available and respond, when requested by a local emergency response authority, to hazardous material incidents according to the plan.
(5) The commission may contract with persons to meet state emergency response needs for the hazardous material incident response teams.
(6) The commission may advise, consult, cooperate, and enter into agreements with agencies of the state and federal government, other states and their state agencies, cities, counties, tribal governments, and other persons concerned with emergency response and matters relating to and arising out of incidents.
(7) The commission may encourage, participate in, or conduct studies, investigations, training, research, and demonstrations for and with the hazardous material incident response teams, local emergency responders, and other interested persons.
(8) The commission may collect and disseminate information relating to emergency response to incidents.
(9) The commission may accept and administer grants, gifts, or other funds, conditional or otherwise, made to the state for emergency response activities provided for in this part.
(10) The commission may prepare, coordinate, implement, and update a plan that coordinates state and local emergency response authorities to respond to hazardous material incidents within the state. The plan must be consistent with this part. All state emergency response responsibilities relating to a hazardous material incident must be defined by the plan. The plan must be in accordance with and in support of the state disaster and emergency plan and program as provided in 10-3-301 .
(11) Except that the division shall designate local emergency planning districts and shall oversee the creation, annual local review, and exercise and revision of the local emergency operations plan as provided by state law, the commission has the powers and duties of a state emergency response commission under the federal Emergency Planning and Community Right-to-Know Act of 1986, 42 U.S.C. 11001, et seq., including:
(a) establishing procedures for receiving and processing public requests for information collected under the federal act;
(b) appointing local emergency planning committees for each district; and
(c) supervising the activities of the local emergency planning committees.
(12) The commission shall promulgate rules and procedures limited to cost recovery procedures, certification of hazardous material incident response team members, and deployment of the hazardous material incident response teams, which must be a part of the plan.
(13) All state agencies and institutions shall cooperate with the commission in the commission's efforts to carry out its duties under this part.

Legislative History

En. Sec. 4, Ch. 270, L. 1995; amd. Sec. 1, Ch. 45, L. 1999; amd. Sec. 1, Ch. 37, L. 2003; amd. Sec. 13, Ch. 354, L. 2005; amd. Sec. 7, Ch. 44, L. 2007; amd. Sec. 1, Ch. 67, L. 2007; amd. Sec. 3, Ch. 18, L. 2015; amd. Sec. 9, Ch. 243, L. 2023.