2007 California Government Code Article 3.8. Hazardous Substances Emergency Response Training

CA Codes (gov:8574.19-8574.23)

GOVERNMENT CODE
SECTION 8574.19-8574.23



8574.19.  (a) The Legislature hereby finds and declares that, in
order to protect the public health and safety and the environment,
and to reduce personal injury and property loss resulting from the
sudden release of hazardous substances into the environment, it is
necessary to establish a single, coordinated, and standardized
hazardous substances incident response training and education plan
for firefighters and law enforcement, emergency rescue, and
environmental health personnel.  A standardized hazardous substances
incident response training and education program is necessary to
ensure a coordinated emergency response capability throughout the
state, and to eliminate duplicative and inconsistent hazardous
substances emergency response training and education programs.
   (b) In enacting this article, the Legislature recognizes that it
is necessary  to designate a single state agency to be responsible
for the development of minimum standards relative to course content
and subject matter for training and education of hazardous substance
incident response personnel in order to avoid duplication of effort
and inconsistent applications of safety procedures and protocols.
The Legislature does not intend, by enacting this article, to preempt
or nullify any hazardous substance incident response procedures and
protocols which take into account existing conditions peculiar to a
locality or region.
   (c) For purposes of this article, "program" means the California
Hazardous Substances Incident Response Training and Education Program
established pursuant  to Section 8574.20.


8574.20.  Not later than 18 months after the effective date of this
article, the Office of Emergency Services shall establish and manage
the California Hazardous Substances Incident Response Training and
Education Program to provide approved classes in hazardous substance
response, taught by trained instructors, and  to certify students who
have completed these classes.  To carry out this program, the Office
of Emergency Services shall do all of the following:
   (a) Adopt regulations necessary to implement the program.
   (b) Establish a training and education program by developing the
curriculum to be used in the program in colleges, academies, the
California Specialized Training Institute, and other educational
institutions, as specified in Section 8574.21.
   (c) Establish recommended minimum standards for training emergency
response personnel and instructors, including, but not limited to,
fire, police, and environmental health personnel.
   (d) Make available a training and education program in the use of
hazardous substances emergency rescue, safety, and monitoring
equipment, on a voluntary basis, at the California Specialized
Training Institute.
   (e) Train and certify instructors at the California Specialized
Training Institute according to standards and procedures developed by
the curriculum development advisory committee, as specified in
Section 8574.21.
   (f) Approve classes, as meeting the requirements of the program,
if the classes meet the curriculum developed by the Office of
Emergency Services pursuant to Section 8574.21 and the instructor
received training and certification at the California Specialized
Training Institute, as specified in subdivision (e).
   (g) Certify students who have successfully completed a class
approved as meeting the requirements of the program.
   (h) Review and revise, as necessary, the program.
   (i) Establish and collect admission fees and other fees that may
be necessary to be charged for advanced or specialized training given
at the California Specialized Training Institute.  These fees shall
be used to offset costs incurred pursuant to this article.



8574.21.  (a) The Office of Emergency Services shall develop the
curriculum to be used in classes that meet the program requirements
and shall adopt standards and procedures for training instructors at
the California Specialized Training Institute.
   (b) The curriculum for the training and education program
established pursuant to this article shall include all of the
following aspects of hazardous substance incident response actions:
   (1) First responder training.
   (2) On-scene manager training.
   (3) Hazardous substance incident response training for management
personnel.
   (4) Hazardous materials specialist training that equals or exceeds
the standards of the National Fire Protection Association.
   (5) Environmental monitoring.
   (6) Hazardous substance release investigations.
   (7) Hazardous substance incident response activities at ports.
   (c) The Office of Emergency Services shall establish a curriculum
development advisory committee, which shall consist of a
representative from each of the following agencies or organizations:

   (1) The Office of Emergency Services.
   (2) The Office of the State Fire Marshal.
   (3) The Department of Toxic Substances Control.
   (4) The Department of Fish and Game.
   (5) The State Water Resources Control Board.
   (6) The Department of the California Highway Patrol.
   (7) The California Police Chiefs' Association.
   (8) The California Fire Chiefs' Association.
   (9) The Commission on Police Officer Standards and Training.
   (10) The California District Attorneys' Association.
   (11) The Department of Forestry and Fire Protection.
   (12) The Emergency Medical Services Authority.
   (13) The Department of Transportation.
   (14) The Environmental Protection Agency.
   (15) The Chemical Industry Council of California.
   (16) The California Manufacturers Association.
   (17) The California Conference of Local Health Officers.
   (18) The University of California.
   (19) The California State Fireman's Association.
   (20) The California State University.
   (21) The California Professional Firefighters.
   (22) The California Association of Highway Patrolmen.
   (23) The Office of Environmental Health Hazard Assessment.
   (d) The curriculum development advisory committee shall advise the
Office of Emergency Services on the development of course curricula
and the standards and procedures specified in subdivision (a).  In
advising the Office of Emergency Services, the committee shall do the
following:
   (1) Assist, and cooperate with, representatives of the Board of
Governors of the California Community Colleges in developing the
course curricula.
   (2) Ensure that the curriculum developed pursuant to this section
is accredited by the State Board of Fire Services.
   (3) Define equivalent training and experience considered as
meeting the initial training requirements as specified in subdivision
(a) that existing employees might have already received from actual
experience or formal education undertaken, and which would qualify as
meeting the requirements established pursuant to this article.
   (e) The representative from the Office of Emergency Services shall
serve as the chairperson of the curriculum development advisory
committee.
   (f) After the course curricula and standards are established
pursuant to subdivision (a), the curriculum development advisory
committee shall meet at least once each year to review the program
and advise the Office of Emergency Services on any required
revisions.
   (g) The Office of Emergency Services shall make the curriculum
development advisory committee a subcommittee of the Curriculum
Advisory Board of the California Specialized Training Institute.
   (h) This article does not affect the authority of the State Fire
Marshal granted pursuant to Section 13142.4 or 13159 of the Health
and Safety Code.
   (i) Upon completion of instructor training and certification
pursuant to subdivision (e) of Section 8574.20 by any employee of the
Department of the California Highway Patrol, the Commissioner of the
California Highway Patrol may deem any training programs taught by
that employee to be equivalent to any training program meeting the
requirements established pursuant to this article.



8574.22.  The Office of Emergency Services may hire professional and
clerical  staff pursuant to the State Civil Service Act (Part 2
(commencing with Section 18500) of Division 5 of Title 2).  However,
any person employed pursuant to this section shall be employed only
at the California Specialized Training Institute.




8574.23.  Not later than 18 months after the effective date of this
article, the Office of Emergency Services shall submit a report to
the Legislature concerning the implementation of this article,
including the locations of any classes and any recommendations for
future legislative or administrative action.

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