(a) There is created the Hawaii state emergency response commission, which shall be placed within the department for administrative purposes and carry out the requirements of this chapter.
Committee: means the local emergency planning committee within each county responsible for preparing hazardous material plans and performing other functions under the Emergency Planning and Community Right-to-Know Act of 1986 and [this chapter]. See Hawaii Revised Statutes 128E-1
Environment: means any waters, including surface water, ground water, or drinking water; any land surface or any subsurface strata; or any ambient air, within the State or under the jurisdiction of the State. See Hawaii Revised Statutes 128E-1
Facility: means any building, structure, installation, equipment, pipe or pipeline (including any pipe into a sewer or publicly-owned treatment works), well, pit, pond, lagoon, impoundment, ditch, landfill, storage container, motor carrier, rolling stock, aircraft, site, or area where a hazardous substance or pollutant or contaminant has been deposited, stored, disposed of, or placed, or otherwise comes to be located. See Hawaii Revised Statutes 128E-1
Person: means an individual, firm, corporation, association, partnership, consortium, joint venture, commercial entity, state, county, commission, or, to the extent the United States or an interstate body is subject to this chapter, the United States or the interstate body. See Hawaii Revised Statutes 128E-1
(b) The commission shall consist of the following members, who shall be appointed by the governor as provided in § 26-34:
(1) The director of health;(2) The chairperson of the board of agriculture;(3) The adjutant general;(4) The director of labor and industrial relations;(5) The chairperson of the board of land and natural resources;(6) The director of the office of planning and sustainable development;(7) The director of business, economic development, and tourism;(8) The director of transportation;(9) The dean of the University of Hawaii school of public health or the dean of the University of Hawaii school of medicine, as determined by the governor;(10) One representative from each committee designated by the mayor of each respective county; and(11) Other persons appointed by the governor to meet the minimum requirements of the Emergency Planning and Community Right-to-Know Act of 1986.(c) A state officer who serves as a member of the commission may designate, in writing, another person to act in place of the officer. The designated person shall have all the powers of a commission member.(d) The director shall be the chairperson of the commission. A vice-chairperson shall be designated by the chairperson to serve in the chairperson’s absence. The chairperson or the vice-chairperson may assign, delegate, or transfer tasks, duties, and responsibilities to members of the commission.(e)Commission members shall serve without compensation, but shall be reimbursed for actual and necessary expenses, including travel expenses, incurred in carrying out their duties.(f) Commission and committee support personnel shall be supervised and administered by the chairperson as the primary agent responsible for performing the functions and duties of the commission. The department shall employ such professional, technical, administrative, and other staff personnel as may be deemed necessary to carry out the purposes of this chapter.(g) The commission shall:
(1) Carry out the duties and responsibilities of a state emergency response commission as specified in the Emergency Planning and Community Right-to-Know Act of 1986;(2) Develop state contingency plans relating to the implementation of this chapter;(3) Supervise, coordinate, and provide staff support to the committees for the implementation of this chapter and the Emergency Planning and Community Right-to-Know Act of 1986;(4) Develop a public information, education, and participation program for the public and facility owners covering the requirements of this chapter, and the interpretation of the chemical information collected pursuant to this chapter and the risks that these chemicals pose to the public health and environment;(5) Appoint the members of the committees;(6) Develop a state chemical inventory form to be used in lieu of the federal Tier II form and chemical list requirements; and(7) Do all other things necessary for the implementation of this chapter and the requirements of the Emergency Planning and Community Right-to-Know Act of 1986.
