E.O. 1994-17 - State Emergency Planning and Community Right-to-Know Commission

EXECUTIVE ORDER

No. 1994 - 17

STATE EMERGENCY PLANNING AND

COMMUNITY RIGHT TO KNOW COMMISSION

 

WHEREAS, the State of Michigan recognizes the importance of preparing to respond to emergencies involving hazardous materials; and

 

WHEREAS, state government has a unique role to play in coordinating the response of state and local governments to hazardous materials emergencies; and

 

WHEREAS, section 301(a) of the Superfund Amendments and Reauthorization Act of 1986, P.L. 99-499, requires the state to establish a state emergency response commission; and

 

WHEREAS, it is appropriate that state government rely upon appropriate technical expertise and input from the general public in implementing the state's responsibilities under the Act.

 

NOW, THEREFORE, I, John Engler, Governor of the State of Michigan, pursuant to the powers vested in me by the Constitution of the State of Michigan of 1963 and the laws of the State of Michigan, do hereby establish the Michigan Emergency Planning and Community Right-to-Know Commission.

 

1. The commission shall be composed of the following members:

(a) The Director of the Department of State Police, or his or her designee, who shall serve as chair;

(b) The Director of the Department of Natural Resources, or his or her designee, who shall serve as vice-chair;

(c) The Director of the Department of Public Health, or his or her designee;

(d) The Director of the Department of Agriculture, or his or her designee;

(e) One representative of a local emergency response agency;

(f) One representative of a local government agency charged with the protection of the public health and environment from the potential threat of hazardous materials;

(g) One representative of environmental interests;

(h) One representative of commercial or industrial facilities with more than 300 employees required to report under the Act;

(i) One representative of commercial or industrial facilities with fewer than 300 employees required to report under the Act;

(j) One representative who is a member of a labor organization;

(k) One representative of a local emergency management program;

(l) One representative of an academic program engaged in health and safety education and training;

(m) One representative of a local emergency planning committee;

(n) One representative of a non-public agricultural association;

(o) One representative of local government; and

(p) One member of the general public.

 

2. Members of the commission shall serve 3-year terms, except of those first appointed 6 shall serve three-year terms, 5 shall serve 2-year terms and 5 shall serve one-year terms.

 

3. The Commission shall perform the following responsibilities:

(a) Perform all the duties of a state emergency response commission prescribed under the Act, which includes

(i) designating emergency planning districts to facilitate preparation and implementation of emergency plans

(ii) appointing members to local emergency planning committees of designated emergency planning districts

(iii) notifying the Administrator of the federal Environmental Protection Agency of facilities subject to the requirements of the Act and notifying the Administrator of each notification received from a facility under section 302(c) of the Act

(iv) reviewing the plans submitted by the local emergency planning committees and making recommendations to the committees on revisions that may be necessary to ensure coordination with other emergency planning districts; and

(b) Protect the public health, safety, welfare and the environment by facilitating the implementation of the emergency planning and community right-to-know provisions of the Act.

 

4. The Department of State Police shall perform all administrative functions associated with the operation of the commission, provide technical guidance for emergency response plan development and review and coordinate the provision of hazardous material response training. The Department of Natural Resources shall maintain and process all reports required under the Act.

 

5. Executive Orders 1987-5 and 1988-1 are hereby rescinded.

 

The provisions of this Executive Order shall become effective upon filing.

 

Given under my hand and the Great Seal of the State of Michigan this ________ day of May, in the Year of our Lord, One Thousand Nine Hundred Ninety-Four, and of the Commonwealth, One Hundred Fifty-Eight.

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GOVERNOR

BY THE GOVERNOR:

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SECRETARY OF STATE