STATE OF NEVADA

EMERGENCY RESPONSE COMMISSION

BYLAWS

ARTICLE I

Authority:

The State Emergency Response Commission (hereinafter Commission) is created pursuant to NRS 459.738.

ARTICLE II

Section 1:  Purposes

The purpose of the Nevada State Emergency Response Commission is to develop means to protect the citizens of the State against the negative effects of hazardous materials= use, manufacture, storage, transportation, release and/or spill.  The Commission continually seeks to enhance public safety by developing a working relationship among state agencies, local governments, federal facilities and private industries.  The Commission works cooperatively with Local Emergency Planning Committees, (hereinafter LEPCs), to achieve a partnership of equals among state, local and private organizations that are involved with hazardous material=s management.  The Commission is the executive agency for Nevada’s compliance with Superfund Amendments and Reauthorization Act (SARA), Title III.

Section 2:  Duties

The Commission accomplishes these purposes by:

(1)  Providing management and oversight of all provisions of the SARA Title III  and the Emergency Preparedness and Community Right-To-Know Act of 1986;

(2)  Providing management and oversight of hazardous materials related funding pursuant to Public Law 99-499 or Title I of Public Law 93-633 and NRS 459.735 through NRS 459.773;

(3)  Obtaining, administering and providing grants to Nevada’s Local Emergency Planning Committees to implement these acts and enhance public safety;

            (4)  Carrying out tasks as assigned to the Commission by acts of the United States Congress, the Nevada State Legislature, or the Governor of the State of Nevada.

 The Commission’s Co-Chairs shall direct the staff and conduct appropriate personnel actions, and ensure fiscal responsibility of the Commission.

ARTICLE III

Section 1:  Membership

The Commission shall consist of no more than 25 members as appointed by the Governor.  It is the intent of Commission to maintain a balance reflecting private industry, local and state government, and geographic area.  Complying with the legislative directive, the Commission will endeavor to maintain the membership at a lower level than 25.  It is the recommendation of Commission to have representation as follows:

7 members representing the private sector and regulated industry;

5 members representing local government with an affiliation with fire service, law enforcement, occupational safety, environmental protection, emergency management or health;

5 members representing state government with an affiliation with the fire service, law enforcement, occupational safety and health, environmental protection, emergency management, health and the state legislature and;

2 members who are private citizen(s) or representative of a citizens’ group.

Additional appointed members to the Commission should be designated to maintain the balance as equally as possible.

The term of each member of the Commission is 4 years.  A member may be reappointed, and there is no limit on the number of terms that a member may serve.

The member is appointed on the basis of their position and personal expertise.  If a member leaves their represented category, the Commission shall request his or her resignation for presentation to the full Commission.

Appointed Commissioners retain their commission until replaced at the pleasure of the Governor, as specified in appropriate Nevada Revised Statues. 

Commissioners with two or more unexcused meeting absences will be asked to resign their appointment to the Commission.  An unexcused absence is when staff is not notified of the members’ inability to attend a meeting. 

Section 2:  Chairpersons

At the pleasure of the Governor, it is recommended Co-Chairs are appointed to represent two sectors of the membership.

Section 3:  Staff

The Commission shall employ sufficient staff as required for the execution of its tasks within the limitation of legislative authority and Commission directives.

The staff shall regularly report to the Commission on fiduciary and administrative matters.

The staff shall provide administrative and logistical support as requested to assist appropriate programs.

ARTICLE IV

Section 1:  Committees

The Commission shall establish standing committees as shown below and may establish other committees or subcommittees as may be required to recommend actions pursuant to its work and objectives.  The Committees shall be chaired by Commission members.  The Chair of each committee is appointed by the Co-Chairs.  The membership of each committee is appointed by the committee chair, with the approval of the Co-Chairs.  All committees must have a minimum of three Commission members.

Committees may establish technical advisory subcommittees to provide technical expertise required to meet stated objectives or goals, as recommended by the Committee chairs and approved by the Commission Co-Chairs.

The Commission may fund travel and per diem to support committee activities. Reimbursement shall be at the rate applicable to all state employees.

Committee members and Commissioners with two or more unexcused absences will be asked to resign their appointment to the committee.

Section 2:  Standing Committees

The following Standing Committees shall be formed with the designated powers and duties as defined:

Funding Committee:  The Committee reviews all grant requests and applications, internal or external; tracks progress on project expenditures; and makes recommendations to the Commission for expenditure of grant funds.  The Funding Committee will also provide oversight for the Planning and Training subcommittee.

Planning and Training Subcommittee:  The Subcommittee reviews LEPCs hazardous materials response plans and advise LEPCs with respect to their plans compliance with applicable laws, regulations and procedures.  The Subcommittee ensures grant requests are appropriate to levels of training and levels of response.

Legislative Committee:  The Committee tracks and proposes regulation changes and/or laws relative to the Commission’s oversight responsibilities.

Bylaws Committee:  The Committee maintains and interprets the Commission’s bylaws, recommending changes accordingly.  The bylaws Committee also reviews the LEPC bylaws and membership lists to ensure compliance with Federal and state laws and regulations.

Strategic Planning Committee:  The Committee reviews the Commission’s compliance with its mandated responsibilities and provides regular status reports to the Commission.

Information Technology Committee:  The Committee oversees the implementation and maintenance of the information technology systems as relating to the Commission, i.e. databases, website.

Policy Committee:  The Committee develops, reviews and recommends policies to the Commission as needed and/or to satisfy audit findings.  The Committee also recommends policies for migration to statutes and/or regulations.