Arizona Emergency Response Commission

Revision Date: 
Monday, September 30, 2019

See also: Arizona Department of Environmental Quality

Authority

The Arizona Emergency Response Commission was created in 1988. Current statutory authority is found at A.R.S. §§49-123 through 49-133.

Function

The purpose of the Commission is to implement the Emergency Planning and Community Right-to-Know Act for the state. The Commission designates emergency planning districts and local emergency planning committees and administers the state hazardous materials emergency management response plans.

History

Laws 1988, Chapter 292 established the Emergency Response Commission within the Department of Emergency and Military Affairs. Its purpose was to supervise, coordinate and assist local emergency planning committees and to implement the provisions of the Emergency Planning and Community Right-to-Know Act of 1986 (P.L. 99-499, Title III). The Commission consisted of five members who were either the directors or designees of the Departments of Emergency Management, Environmental Quality, Health Services, Public Safety and Transportation. An Advisory Committee to the Commission was also established, consisting of representatives of six additional state agencies, two representatives of fire departments, and four private sector representatives.

The Commission was authorized to establish a grant program for local governments and to adopt administrative rules establishing procedures to handle public information requests, implement programs for chemical emergency planning, community right-to-know program reporting requirements and reporting of releases of hazardous substances. The Commission also designated emergency planning districts and local emergency planning committees for the purpose of developing comprehensive emergency response plans.

The measure established the Emergency Response Fund, administered by the chairman of the Commission.

Laws 2003, Chapter 194 authorized the Commission to enter into agreements with the federal government, Indian tribes and other states, in addition to political subdivisions of the state, as part of its emergency response planning activities.

Laws 2007, Chapter 153 established the Arizona Chemical Fire Response Task Force to establish a municipal hazardous material tracking process program. The Task Force was required to complete its work by December 31, 2009. The Task Force was repealed on June 30, 2010.

Laws 2013, Chapter 205 authorized the Commission, through December 31, 2018, to establish fees by rule in order to implement the Community Right-to-Know Program.

Laws 2015, Chapter 208 transferred the Commission and related statutes from the Department of Emergency and Military Affairs to the Arizona Department of Environmental Quality (ADEQ). The measure included conforming changes and included the transfer and renumbering of sections from A.R.S Title 26 to A.R.S. Title 49. The measure also established ADEQ as the lead agency for developing and implementing a state hazardous materials emergency management program; modified Commission responsibilities; modified the structure of the Commission, changing it to 12 members; and eliminated the advisory committee.

Sources

  • Arizona Revised Statutes §§49-123 through 49-133
  • Arizona Administrative Code §§R8-4-101 through R8-4-110
  • Session Laws
    • Laws 1988, Chapter 292
    • Laws 2003, Chapter 194
    • Laws 2007, Chapter 153
    • Laws 2013, Chapter 205
    • Laws 2015, Chapter 208
  • Arizona State Emergency Response Commission website: https://azdeq.gov/AZSERC
  • Gatekeeper newsletter of the Arizona Emergency Response Commission: https://azmemory.azlibrary.gov/digital/collection/statepubs/id/2700
  • Performance audit of the Emergency Response Commission. LG 6.2:R 36/ 1997-14

Related Collections at Arizona State Archives

Record Group 098 – Department of Emergency and Military Affairs

Record Group 147 – Department of Environmental Quality