Substitute Senate Bill No. 1116

Public Act No. 99-190

An Act Concerning the Office of Emergency Management.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Section 28-1a of the general statutes is repealed and the following is substituted in lieu thereof:

The Office of Emergency Management established under this chapter shall be in the [Division of Fire, Emergency and Building Services within the Department of Public Safety] Military Department and shall be the designated civil defense organization for the state.

Sec. 2. Section 28-2 of the general statutes is repealed and the following is substituted in lieu thereof:

(a) The Office of Emergency Management shall be under the direction and supervision of an emergency management director appointed by the Governor, which director shall be responsible for the civil preparedness program of the state. [He] The emergency management director shall devote [his] full time to the duties of [his] the office.

(b) With reasonable conformance to applicable federal statutes and administrative regulations of the Federal Emergency Management Agency and with conformance to the requirements of the Connecticut emergency operations plan the director of emergency management shall organize the office into such subdivisions as may be necessary for the efficient conduct of the business of the office, and shall appoint, subject to the provisions of chapter 67, a chief of staff who shall act as deputy to the director of emergency management and such clerical, stenographic, administrative, technical and other personnel, including area and sector coordinators, as may be required for the effective discharge of the authorized civil preparedness missions, as provided for by statutes and established in the Connecticut emergency operations plan and the national plan for civil preparedness. Any such employee may be removed by the director for security reasons or for incompetency subject to reinstatement by the Employees' Review Board. With the concurrence of the [Commissioner of Public Safety] Adjutant General, the emergency management director may enter into contracts for the furnishing by any person or agency, public or private, of services necessary to the proper execution of the duties of [his] the office. Any such contract which has a cost of three thousand dollars or more shall be subject to the approval of the Attorney General.

(c) The director may make rules for the conduct of the office.

Sec. 3. Subsection (e) of section 28-5 of the general statutes is repealed and the following is substituted in lieu thereof:

(e) In order to accomplish the purposes of this chapter, the director may make such orders and the [Commissioner of Public Safety] Adjutant General may make such regulations as may be necessary to develop and implement the civil preparedness plan and program. Subject to the provisions of sections 4-168 to 4-173, inclusive, all such orders and regulations shall have the full force and effect of law. Each such order or regulation, when filed with the Secretary of the State, shall be accompanied by a statement of the considerations therefor. If the Attorney General finds that such order or regulation is in conflict with any provision of any existing law, ordinance, rule or regulation, he shall inform the director of this fact. The director may then present such order or regulation to the Governor and to the Joint Committee on Legislative Management for approval. If both the Governor and a majority of the membership of the Joint Committee on Legislative Management approve the order or regulation, it shall be effective on notice, in writing, filed in the office of the Secretary of the State, and any conflicting provisions of any existing law, ordinance, rule or regulation shall be suspended to the extent that such conflict exists, but in no event longer than six months. The Secretary of the State shall, within four days after receipt of such notice, cause the order or regulation so approved to be printed and published in full in at least one issue of a newspaper published in each county and having a general circulation therein, but failure to publish shall not impair the validity of such order.

Sec. 4. Section 27-20 of the general statutes is repealed and the following is substituted in lieu thereof:

The Adjutant General shall make such returns and reports to such officers as may be prescribed by the Department of Defense in regulations pertaining to the National Guard and naval militia, at such times and in such form as may, from time to time, be prescribed. He shall keep a record of all officers and enlisted personnel and shall also keep in his office all records and papers required by law or regulations to be filed therein. He is charged, in all matters pertaining to the command, discipline or administration of the military establishment of this state, with the duty of recording, authenticating and communicating to troops and individuals in the military service of this state all orders, instructions and regulations issued by order of the Governor for the National Guard, naval militia and organized militia and by the Secretary of Defense for the National Guard and the naval militia; of preparing and distributing commissions; of compiling and issuing the register of the National Guard, naval militia and organized militia; and of managing the recruiting for the National Guard, naval militia and organized militia. In event of emergency use of the militia and with the approval of the Governor, he may be disbursing officer of all funds appropriated by the General Assembly for the expense of his office. The Adjutant General may make such regulations pertaining to the preparation and rendering of reports and returns and to the care and preservation of public property as in his opinion the conditions demand, such regulations to be operative and in force when promulgated in the form of general orders, circulars or circular letters. He shall have charge and care of all state military property and all United States military property issued to the state of Connecticut, and shall cause to be kept an accurate and careful account of all receipts and issues of the same. He shall require to be kept a careful memorandum of all public military property on hand in the state arsenal or storehouses and in the possession of the several organizations of the military forces of the state and shall guard such property against injury and loss to the extent of his ability. He shall require each accountable and responsible officer of the state military forces to account for any deficiency in public military property in his possession immediately after such deficiency is discovered. He shall cause annual inspections to be made of all public military property and a complete inventory of such property and the places where it is deposited shall be kept. He may adopt a seal for use in his office. He shall require that each unit of the armed forces of the state be inspected at least twice in each calendar year and issue service medals and service records. The Adjutant General shall, annually, as provided in section 4-60, make a report to the Governor of the strength, condition and equipment of the military and naval forces of the state and of the expenditures of his office since the last annual report. The Adjutant General may enter into contracts for the furnishing by any person or agency, public or private, of services necessary to the proper execution of the duties of his office subject to the approval of the Attorney General. The Adjutant General shall have charge of the Office of Emergency Management established under chapter 517.

Sec. 5. Section 7-521 of the general statutes is repealed and the following is substituted in lieu thereof:

(a) There is established a Local Emergency Relief Advisory Committee comprised of: The Secretary of the Office of Policy and Management, the Commissioner of Administrative Services, the Commissioner of Transportation, the Commissioner of Public Safety, the Adjutant General of the Military Department, and the director of the Office of Emergency Management, or their designees; the president pro tempore of the Senate, the minority leader of the Senate, the speaker of the House of Representatives, and the minority leader of the House of Representatives, or their designees; a member of the Senate who shall be appointed by the president pro tempore of the Senate and a member of the House of Representatives who shall be appointed by the speaker of the House of Representatives.

(b) The Secretary of the Office of Policy and Management shall serve as the chairman of the Local Emergency Relief Advisory Committee. The committee may adopt such bylaws and guidelines and shall adopt such eligibility standards as it deems advisable to carry out the purposes of sections 7-520 to 7-522, inclusive. The Local Emergency Relief Advisory Committee shall not be deemed to be an agency for the purposes of chapter 54.

Sec. 6. Section 22a-601 of the general statutes is repealed and the following is substituted in lieu thereof:

(a) There is established a Connecticut Emergency Response Commission which shall be within the Department of Environmental Protection. The commission shall consist of [eighteen] nineteen members as follows: The Commissioners of Environmental Protection, Public Safety, Public Health and Transportation, the Labor Commissioner, the Secretary of the Office of Policy and Management, the Adjutant General of the Military Department, the director of the Office of Emergency Management, the State Fire Marshal and the State Fire Administrator, or their designees, and nine members appointed by the Governor, four of whom shall represent the public, three of whom shall represent owners or operators of facilities, one of whom shall be the fire chief of a municipal fire department whose employees are compensated for their services and one of whom shall be the fire chief of a volunteer fire department. Members of the commission appointed by the Governor shall serve for two years. The Governor shall fill any vacancy in the office of an appointed member for the unexpired portion of the term. Members of the commission shall serve without compensation but shall be reimbursed for necessary expenses incurred in the performance of their duties. The chairperson of the commission shall be appointed by the Governor and shall serve at his pleasure.

(b) The commission shall implement the provisions of the Emergency Planning and Community Right-to-Know Act and shall designate local planning districts. The commission shall establish a local emergency planning committee for each local planning district. Each committee shall include, at a minimum, representatives from each of the following categories: State and local elected officials; law enforcement, fire-fighting, civil defense, public health, local environmental, hospital and transportation personnel; members of the broadcast and print media; members of community groups; and owners and operators of facilities subject to the requirements of section 22a-607. The members of each committee shall be appointed by the commission, provided each municipality located within a committee's local planning district shall be represented by at least one member of the committee. The boundaries of the districts and membership may be revised by the commission as it deems necessary.

Sec. 7. Section 28-31 of the general statutes is repealed and the following is substituted in lieu thereof:

(a) The Department of Public Utility Control shall establish a nuclear safety emergency preparedness account, which shall be a separate, nonlapsing account within the General Fund, and which shall be financed through assessments of all Nuclear Regulatory Commission licensees operating nuclear power generating facilities in the state. The department shall initially assess the licensees for a total of two million dollars. The department may assess licensees for such amounts as necessary for the purposes of the account, provided the balance in the account at the end of the fiscal year may not exceed three hundred thousand dollars. The department shall annually assess the licensees, upon the request of the [Commissioner of Public Safety] Adjutant General of the Military Department, for funding to support annual expenses of five staff positions in the Department of Environmental Protection and three staff positions in the [Department of Public Safety] Military Department. Personnel shall be assigned to said staff positions solely for the purposes of the program established pursuant to subsection (b) of this section. Federal reimbursements and grants obtained in support of the nuclear safety emergency preparedness program shall be paid into the General Fund and credited to the account. The department shall develop an equitable method of assessing the licensees for their reasonable pro-rata share of such assessments. All such assessments shall be included as operating expenses of the licensees for purposes of rate-making. All moneys within the account shall be invested by the State Treasurer in accordance with established investment practices and all interest earned by such investments shall be returned to the account.

(b) Moneys in the account shall be expended by the [Commissioner of Public Safety] Adjutant General of the Military Department, in conjunction with the Commissioner of Environmental Protection, only to support the activities of a nuclear safety emergency preparedness program and only in accordance with the plan approved by the Secretary of the Office of Policy and Management under subsection (c) of this section. The program shall include, but not necessarily be limited to: (1) Development of a detailed fixed facility nuclear emergency response plan for areas surrounding each nuclear electrical generation facility and each away-from-reactor spent fuel storage facility, (2) annual training of state and local emergency response personnel, (3) development of accident scenarios and exercising of fixed facility nuclear emergency response plans, (4) provision of specialized response equipment necessary to accomplish this task, (5) support for the operations and personal services costs of the radiological instrument maintenance and calibration facility, as necessary to replace any reduction in current federal funding, and (6) any other measures as may be required by the Nuclear Regulatory Commission and the Federal Emergency Management Agency. Moneys in the account shall be distributed as follows to carry out the purposes of the program: The [Commissioner of Public Safety] Adjutant General of the Military Department may expend not more than twenty-five per cent of the proceeds of the maximum annual assessment for administrative functions incident to the program. [He] The Adjutant General may expend such additional funds as are necessary to assure and maintain emergency operations center capabilities and specialized response equipment necessary to implement the fixed facility nuclear emergency response plans. The remaining moneys in the account may be allocated to other state agencies and used to reimburse municipalities for costs incurred in the purchase and maintenance of equipment and for services rendered in carrying out the purposes of the program.

(c) Not later than November first, annually, the [Commissioner of Public Safety] Adjutant General of the Military Department, in consultation with the Commissioner of Environmental Protection, shall submit to the Secretary of the Office of Policy and Management a plan for carrying out the purposes of the nuclear safety emergency preparedness program during the next state fiscal year. The plan shall include proposed itemized expenditures and measures for the program. The secretary shall review the plan and, not later than December first, annually, approve the plan if it conforms to the provisions of this section.

(d) All moneys within the nuclear safety emergency preparedness account may be expended only in accordance with the provisions of this section.

(e) Notwithstanding the provisions of subsection (a) of this section, the Department of Public Utility Control may allow an additional assessment of the licensees to supplement the initial assessment of such licensees if either the Nuclear Regulatory Commission or the Federal Emergency Management Agency disapproves or informs, in writing, the director of the Office of Emergency Management that it is likely to disapprove the nuclear safety emergency preparedness plan and additional funds are or would be needed to conform the plan to acceptable standards.

Sec. 8. Section 29-250 of the general statutes is repealed and the following is substituted in lieu thereof:

(a) There shall be within the Department of Public Safety a Division of Fire, Emergency and Building Services. The Commissioner of Public Safety shall serve as administrative head of said division. In his capacity as administrative head, the commissioner may delegate his jurisdiction of the affairs of the division to a deputy commissioner who shall be a civilian.

(b) There shall be in the Division of Fire, Emergency and Building Services (1) an Office of the State Fire Marshal, (2) an Office of the State Building Inspector [, (3) an Office of Emergency Management and (4)] and (3) an Office of State-Wide Emergency Telecommunications. The State Building Inspector shall serve as administrative head of the Office of the State Building Inspector. The head of each such office shall report to the administrative head of the Division of Fire, Emergency and Building Services.

Sec. 9. This act shall take effect July 1, 1999.

Approved June 23, 1999

TOP