292.602. Missouri emergency response commission established--members--appointment, qualifications--terms--vacancies--removal for cause--expenses, powers and duties.

Missouri emergency response commissionestablished--members--appointment,qualifications--terms--vacancies--removal for cause--expenses,powers and duties.

292.602. 1. The "Missouri Emergency Response Commission", herein to beknown as the commission, is hereby established and is officially domiciled inthe department of public safety. The commission shall be composed of thedirector of the department of economic development, or his designee; thedirector of the department of natural resources, or his designee; the directorof the department of public safety, or his designee; the director of thedepartment of health and senior services, or his designee; six membersappointed by the governor with the advice and consent of the senate; one torepresent transporters of hazardous materials; one to represent Missouriindustry; one to represent local government; one chief fire officer from arecognized fire department or fire protection district; one police officer ofthe rank of captain or above from a recognized county or municipal policedepartment; and one to represent the general public and four members of thegeneral assembly, two of whom shall be appointed by the speaker of the houseand two of whom shall be appointed by the president pro tem of the senate.All members of the commission shall represent the general interest of thepublic and shall, to the extent practicable, have technical expertise in theemergency response field. No more than three members appointed by thegovernor shall be of the same political party. The terms of office for themembers appointed by the governor shall be four years and until theirsuccessors are selected and qualified, except that, of those first appointed,two shall have a term of three years, two shall have a term of two years andtwo will have a term of one year. There is no limitation on the number ofterms an appointed member may serve. The governor may appoint a member forthe remaining portion of the unexpired term created by a vacancy. Thegovernor may remove any appointed member for cause.

2. All members of the commission shall serve without compensation fortheir duties, but shall be reimbursed for necessary travel and other expensesincurred in the performance of their official duties.

3. The Missouri emergency response commission in conjunction with thedepartment shall:

(1) Carry out those responsibilities designated under sections 292.600to 292.625 and implement sections 292.600 to 292.625 and the EmergencyPlanning and Community Right-to-Know Act of 1986, Public Law 99-499, asamended, and all rules and regulations promulgated pursuant thereto, herein tobe known as the Federal Act;

(2) Designate local emergency planning districts to facilitatepreparation and implementation of emergency plans, appoint members of a localemergency planning committee for each local emergency planning district,support and coordinate the activities of such committees, review the emergencyplans submitted by local emergency planning committees, and makerecommendations to the local emergency planning committees regarding thoseplans;

(3) Establish a single filing point for all reports and filings that arerequired to be submitted to the commission under the provisions of sections292.600 to 292.625 and the Federal Act;

(4) Accept, receive and administer grants or other funds or gifts frompublic and private agencies, including the federal government, for the purposeof carrying out the functions and responsibilities enumerated in sections292.600 to 292.625;

(5) Provide assistance to the local emergency planning committees forthe purpose of carrying out the functions and responsibilities enumerated insections 292.600 to 292.625 and the Federal Act by utilizing all availableexpertise both public and private, including, but not limited to, thedepartments of natural resources, public safety and health;

(6) Provide training to local emergency planning committees and otherlocal officials to accomplish the purposes and objectives of the Federal Actand the provisions of sections 292.600 to 292.625. The department of publicsafety will coordinate the provisions of such training and periodically reportto the commission on training activities;

(7) Enter into such agreements with other state agencies, localgovernments and other political subdivisions of the state, the federalgovernment and other persons as is determined to be appropriate to implementthe Federal Act and the provisions of sections 292.600 to 292.625;

(8) Allot funds as specified in section 292.604 to local emergencyplanning committees;

(9) Develop a data management system to store and retrieve informationsubmitted under the provisions of sections 292.600 to 292.625 and the FederalAct. The commission and the department will provide assistance to localemergency planning committees and fire departments, fire protection districts,volunteer fire protection services and others to make this information readilyavailable to them for planning and emergency response purposes.

(L. 1989 H.B. 77, et al., A.L. 1992 S.B. 480, A.L. 1993 H.B. 550, A.L. 1996 S.B. 740)