2016 Indiana Code
TITLE 13. ENVIRONMENT
ARTICLE 25. HAZARDOUS SUBSTANCES
CHAPTER 1. INDIANA EMERGENCY RESPONSE COMMISSION
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<![CDATA[IC 13-25
ARTICLE 25. HAZARDOUS SUBSTANCES
IC 13-25-1
Chapter 1. Indiana Emergency Response Commission
IC 13-25-1-1
Establishment
Sec. 1. The Indiana emergency response commission is
established.
As added by P.L.1-1996, SEC.15.
IC 13-25-1-2
Members
Sec. 2. (a) The commission consists of the following thirteen (13)
members:
(1) The commissioner or the commissioner's designee.
(2) The executive director of the department of homeland
security or the executive director's designee.
(3) The superintendent of the state police department or the
superintendent's designee.
(4) The state fire marshal or the state fire marshal's designee.
(5) Three (3) representatives of business and industry.
(6) Three (3) representatives of the public.
(7) Three (3) representatives of local government.
(b) The governor shall appoint the members provided for in
subsection (a)(5) through (a)(7). A member appointed under this
subsection serves at the pleasure of the governor.
As added by P.L.1-1996, SEC.15. Amended by P.L.1-2006, SEC.204.
IC 13-25-1-2.5
Emergency response commission membership not a lucrative office
Sec. 2.5. For purposes of Article 2, Section 9 of the Constitution
of the State of Indiana, membership on the commission is not a
lucrative office.
As added by P.L.68-2016, SEC.1.
IC 13-25-1-3
Compensation
Sec. 3. (a) Each member of the commission who is not a state
employee is entitled to the minimum salary per diem provided by
IC 4-10-11-2.1(b).
(b) Each member of the commission is entitled to reimbursement
for traveling expenses and other expenses actually incurred in
connection with the member's duties, as provided in the state policies
and procedures established by the Indiana department of
administration and approved by the budget agency.
As added by P.L.1-1996, SEC.15.
Indiana Code 2016
IC 13-25-1-4
Officers
Sec. 4. The governor shall appoint:
(1) a chairman; and
(2) a vice chairman;
of the commission from among the members of the commission.
As added by P.L.1-1996, SEC.15.
IC 13-25-1-5
Meetings; quorum
Sec. 5. (a) The commission shall meet as follows:
(1) At least one (1) time every three (3) months.
(2) At the call of the chairman.
(b) A majority of the members constitutes a quorum for the
authority to conduct business.
As added by P.L.1-1996, SEC.15.
IC 13-25-1-6
Duties of commission and local emergency planning committee;
membership on local committee not a lucrative office; appointment
of local committee members
Sec. 6. (a) The commission shall do the following:
(1) Encourage and support the development of emergency
planning efforts to provide:
(A) state government entities;
(B) local governments; and
(C) the public;
with information concerning potential chemical hazards in
Indiana.
(2) Assist the state in complying with the requirements of
SARA.
(3) Design and supervise the operation of emergency planning
districts in Indiana.
(4) Gather and distribute information needed for effective
emergency response planning.
(5) Appoint the members of the local emergency planning
committee of each emergency planning district.
(b) A local emergency planning committee shall do the following:
(1) Satisfy the requirements of SARA.
(2) Prepare and submit a roster of committee members to the
commission at least one (1) time each year.
(3) Meet at least two (2) times, on separate days, every six (6)
months.
(4) Each year, prepare and submit a report to the commission
that describes the expenditures of the local emergency planning
committee in the preceding year that were paid for with the
money distributed under IC 13-25-2-10.6.
(c) A local emergency planning committee member may appoint
Indiana Code 2016
a designee to act on the committee member's behalf under this
chapter. An appointment under this subsection must:
(1) be in writing;
(2) specify the duration of the appointment; and
(3) be submitted to the committee at least two (2) calendar days
before the first meeting that the designee attends on behalf of
the member.
(d) For purposes of Article 2, Section 9 of the Constitution of the
State of Indiana, membership on a local emergency planning
committee is not a lucrative office.
(e) The members of a local emergency planning committee shall
elect officers of the local emergency planning committee from
among its members.
(f) The commission may appoint the number of members of a
local emergency planning committee that the commission considers
appropriate. The members of a local emergency planning committee
must include representatives of each of the following:
(1) State and local officials.
(2) Law enforcement, emergency management, firefighting,
emergency medical services, health, local environmental,
hospital, and transportation personnel.
(3) Broadcast and print media.
(4) Community groups.
(5) Owners and operators of facilities subject to IC 13-25-2-10.
(g) The commission may revise its appointment of members of a
local emergency planning committee under subsection (a)(5).
Interested persons, including a county executive, may petition the
commission to modify the membership of a local emergency
planning committee.
(h) A local emergency planning committee is a county board of
the county identified in one (1) of the following:
(1) If the emergency planning district of the local emergency
planning committee is wholly within the boundaries of one (1)
county, the local emergency planning committee is a county
board of the county in which the emergency planning district is
located.
(2) If the emergency planning district of the local emergency
planning committee includes more than one (1) county, the
local emergency planning committee is a county board of only
one (1) of the counties, and the county of which the local
emergency planning committee is a county board must be
determined by agreement of the counties included in the
emergency planning district.
(i) The commission may not establish an emergency planning
district that includes more than one (1) county unless all the counties
to be included in the emergency planning district have agreed which
of the counties will be the county of which the local emergency
planning committee will be a county board under subsection (h)(2).
Indiana Code 2016
As added by P.L.1-1996, SEC.15. Amended by P.L.92-2001, SEC.2;
P.L.26-2010, SEC.17; P.L.85-2015, SEC.10; P.L.68-2016, SEC.2.
IC 13-25-1-7
Assistance from public or private sources; implementation of
chapter
Sec. 7. The commission may receive:
(1) appropriations;
(2) grants;
(3) donations;
(4) equipment;
(5) supplies; and
(6) services;
from a public or a private source to assist the commission in
implementing this chapter.
As added by P.L.1-1996, SEC.15.
Indiana Code 2016
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