Bill Text - HB392 (2011)

Clarifying responsibilities of the division of homeland security and emergency management, and expanding responsibilities of the advisory committee on emergency preparedness and security.


Revision: Aug. 29, 2011, midnight

CHAPTER 169

HB 392 – FINAL VERSION

2011 SESSION

11-0519

05/04

HOUSE BILL 392

AN ACT clarifying responsibilities of the division of homeland security and emergency management, and expanding responsibilities of the advisory committee on emergency preparedness and security.

SPONSORS: Rep. Rhodes, Hills 22; Rep. White, Graf 11; Rep. Proulx, Hills 15; Rep. Coulombe, Coos 4; Rep. Buxton, Hills 24

COMMITTEE: Executive Departments and Administration

ANALYSIS

This bill:

I. Establishes an annual reporting requirement for donations and grants received by the bureau of emergency medical services.

II. Transfers responsibilities of the former hazardous materials transportation advisory committee to the advisory committee on emergency preparedness and security.

III. Transfers responsibility for the nuclear emergency response plan from the director of fire safety and emergency management to the director of the division of homeland security.

IV. Places wartime emergency fire assistance coordinations within the purview of the state fire marshal, rather than a director of civil defense.

The bill is a request of the department of safety.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

11-0519

05/04

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Eleven

AN ACT clarifying responsibilities of the division of homeland security and emergency management, and expanding responsibilities of the advisory committee on emergency preparedness and security.

Be it Enacted by the Senate and House of Representatives in General Court convened:

169:1 Bureau of Emergency Medical Services; Annual Report of Donations. Amend RSA 21-P:12-b, III to read as follows:

III. The receipt of a donation or grant under subparagraph II(l) shall be noted in the [biennial] annual report of the department of safety, which will also identify the nature of the donation or grant and the conditions of the donation or grant, if any. Any moneys received by the division pursuant to subparagraph II(l) shall be deposited in the state treasury to the account of the department of safety and shall not lapse. In addition, the division may receive, hold, and use gifts, bequests, and devises either outright or in trust for purposes consistent with this chapter.

169:2 Advisory Council on Emergency Preparedness and Security. Amend RSA 21-P:48, II to read as follows:

II. The council shall advise the governor on issues involving the state’s ability to respond to natural and human-caused disasters, and the preparation and maintenance of a state disaster plan in conformance with any federal regulation or law. The director of homeland security and emergency management shall seek the advice of the council in matters pertaining to any of the state’s emergency plans, including the allocation of state and federal resources to meet the objectives of such plan. The council shall serve the functions of the state emergency response commission (SERC) and the Centers for Disease Control’s state public health emergency preparedness committee, and may form subcommittees as necessary to perform these functions. The council or an appropriate subcommittee of the council shall review state and federal legislative proposals and regulations, problems with hazardous material transportation, emergency response action team plans, and training and instructional materials on the transportation of hazardous materials, and make recommendations as necessary regarding the efficacy of controls relative to such transportation and the best means for applying such controls without duplication of responsibility or regulation. The council shall make available upon request through the department of safety current regulations and reference materials relative to hazardous materials and address any regulations or ordinances that appear to be in conflict. The council shall periodically and otherwise as necessary report to the governor, the senate president, and the speaker of the house of representatives on any recommendations of the council that pertain to the state’s preparedness and ability to respond to natural and human-caused disasters and acts of terrorism. The commissioner of safety or the commissioner’s designee shall serve as the chairperson of the council.

169:3 Nuclear Emergency Response Plan. Amend RSA 107-B:1 to read as follows:

107-B:1 Nuclear Emergency Response Plan.

I. The director of [fire safety] the division of homeland security and emergency management shall, in cooperation with affected local units of government, initiate and carry out a nuclear emergency response plan as specified in the licensing regulations of each nuclear electrical generating plant. The commissioner of safety shall assess a fee, as necessary, to pay for the cost of preparing, maintaining, and operating each plan and providing equipment and materials to implement it.

II. The director of [fire safety] the division of homeland security and emergency management shall conduct an annual review of each nuclear emergency response plan for those municipalities located in an emergency planning zone, as defined in Nuclear Regulatory Commission regulation Title 10, Code of Federal Regulations, Part 50.

169:4 Emergency Fire Assistance; Wartime Coordination. Amend RSA 109:13 to read as follows:

109:13 Wartime Coordination. Whenever a fire emergency shall have been proclaimed by the governor, as provided in this chapter, in order to permit fire-fighting personnel and equipment within the state to be utilized to maximum advantage on a coordinated basis, no municipal fire-fighting force or fire-fighting equipment shall, under the authority herein granted, cross the boundary of the municipality to which it pertains without immediately reporting the fact, through the chief executive officer of such municipality to the state [director of civil defense] fire marshal in such manner and extent as he or she shall prescribe, keeping the [said director] fire marshal currently informed relative to the process being made and, upon completion of its duties in such other municipality, giving immediate notice of the return of the personnel and equipment to their normal station. Under the emergency conditions contemplated by this section, no such fire-fighting personnel or equipment shall go more than 20 miles beyond the boundary of the state, or more than 20 miles beyond the boundary of the municipality to which such fire-fighting force or equipment pertains without prior permission of the state [director of civil defense] fire marshal, acting upon the authority of the governor. In such instances, progress and final reports shall be made to the state [director of civil defense] fire marshal in such manner and by such means as he or she may prescribe.

169:5 Effective Date. This act shall take effect January 1, 2012.

Approved: June 14, 2011

Effective Date: January 1, 2012

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