Skip to Navigation
Skip to Main Content
State Agency Directory
|
Phone Directory
|
Online Services
About
News
Contact Us
Freedom of Information Requests
Work with WVEMD
Grants
EMPG
Grants Monitoring
HMEP
Homeland Security Grant Program
Nonprofit Security Grant Program
PUBLIC NOTICE WV Disaster Declarations
Recovery Grants
Recovery Grants -- Opportunities and Information
WVEMD NOTIFICATION OF FUNDING OPPORTUNITY
Mission Support
IFLOWS
SIRN
Warehouse and Asset Management
Watch Center
Mitigation & Recovery
2015-2015 Hazard Mitigation Funding Notice of Intent
2023 Floodplain Managers Conference
Floodplain Management
FMA
Hazard Mitigation Grant Program
Individual Assistance
Public Assistance
West Virginia Hazard Mitigation Plan
West Virginia Local Floodplain Managers
Preparedness & Response
Currently selected
REP-Radiological Emergency Preparedness
Exercises and Drills
REP Plans and Procedures
SERC/TIER II/LEPC
LEPC
Bakken Crude Information
Emergency Response Guidebook 2020 (ERG)
Hazconnect (formerly Tier II Manager)
Helpful Links
New SERC Legislation
SERC By-Laws
TRI Information and Reporting
Training & Exercises
Exercises/NIMS
Basic Emergency Management Academy
Course Coordination Process
Emergency Management Division Training Advisory Committee
Training Calendar/Course Registration
Training Contacts
Training Opportunities
Training Resources
WV Emergency Manager Accreditation Program
Emergency Management Division
>
Preparedness & Response
>
SERC/TIER II/LEPC
>
New SERC Legislation
New SERC Legislation
Page Content
WEST VIRGINIA LEGISLATURE
2017 REGULAR SESSION
ENROLLED
Committee Substitute
for
House Bill 3048
B
Y
D
ELEGATES
R. M
ILLER
, M
ARCUM
, C
APUTO AND
P
HILLIPS
[Passed April 7, 2017; in effect ninety days from passage.]
Enr. CS for HB 3048
AN ACT to amend and reenact §15-5A-5 of the Code of 1 West Virginia, 1931, as amended,
2 relating to increasing the cap for Tier II fees for chemical inventories from a maximum of
3 $100 annually to $2,500 annually.
Be it enacted by the Legislature of West Virginia:
1 That §15-5A-5 of the Code of West Virginia, 1931, as amended, be amended and
2 reenacted to read as follows:
ARTICLE 5A. WEST VIRGINIA EMERGENCY RESPONSE AND COMMUNITY RIGHTTO-
KNOW ACT.
§15-5A-5. Powers and duties of the commission.
1 The commission shall have and may exercise the following powers and authority and shall
2 perform the following duties:
3 (a) Designate emergency planning districts;
4 (b) Appoint local emergency planning committees for each emergency planning district
5 and supervise and coordinate the activities of such committees;
6 (c) Revise any designations and appointments made under subsections (a) and (b) of this
7 section as it deems appropriate:
Provided,
That any interested person may petition the state
8 emergency response commission to modify the membership of a local emergency planning
9 commission;
10 (d) Designate, if necessary, additional facilities which shall be subject to the requirements
11 of this article, provided such designation is made after public notice and opportunity for comment
12 as provided under article three, chapter twenty-nine-a of the code;
13 (e) Review the emergency response plans submitted by the local emergency planning
14 committees and make recommendations to the local committees on revisions of the plan that may
15 be necessary to ensure coordination of such plan with the plans of other emergency planning
16 districts and other existing state and local emergency response plans;
Enr. CS for HB 3048
2
(f) Enter into cooperative agreements with other state a 17 gencies designating specific
18 responsibilities to be performed by such state agencies to implement the provisions of this article;
19 (g) Promulgate procedural rules in accordance with the provisions of article three, chapter
20 twenty-nine-a of this code, establishing rules of practice before the commission;
21 (h) Promulgate procedural rules in accordance with the provisions of article three, chapter
22 twenty-nine-a of this code, establishing procedures for receiving and processing requests from
23 the public for information in accordance with the provisions of 42 U.S.C. §11001, et seq., and this
24 article, and prescribing forms and instructions for requesting such information;
25 (i) Promulgate procedural rules in accordance with the provisions of article three, chapter
26 twenty-nine-a of this code, prescribing forms and instructions for the submission and receipt of
27 confidential information;
28 (j) Promulgate rules establishing the following fees which shall be deposited in a special
29 account for the administration of this act and which shall be reasonably calculated to recover the
30 necessary expenses incurred by the Office of Emergency Services in the administration of this
31 article:
32 (1) An emergency planning notification fee not to exceed $100 to be paid by a facility when
33 it makes the emergency planning notification required under SARA, Title III, sections 301 through
34 303;
35 (2) An inventory form fee not to exceed $2,500 to be paid annually by a facility when it
36 submits the emergency and hazardous chemical inventory forms or material safety data sheet
37 required under SARA, Title III, sections 311 and 312; and
38 (3) A surcharge fee not to exceed twenty percent of the fee otherwise payable to be paid
39 by facilities which fail to pay the fees in paragraphs (1) and (2) in a timely manner;
40 (k) Establish an emergency planning grant program to be administered by the commission.
41 The grant programs will be funded by fees collected to administer this act pursuant to subdivision
42 (j) of this section. The commission shall promulgate rules which establish the method of awarding
Enr. CS for HB 3048
3
such grants to local emergency planning committees to assist 43 them in performing their
44 responsibilities under this article;
45 (l) Promulgate legislative rules in accordance with the provisions of article three, chapter
46 twenty-nine-a of this code necessary to implement the provisions of this article; and
47 (m) The chairman of the commission may order a facility owner or operator to comply with
48 the requirements of applicable federal law, this article and any rules or regulations promulgated
49 thereunder. When the chairman has reasonable cause to believe that there exists a failure to
50 comply with the provisions of applicable federal law, this article or any rule or regulation
51 promulgated thereunder or any order entered by the chairman, he or she may request the Attorney
52 General to commence an action for civil penalties, injunctive relief or other appropriate relief to
53 enforce such provisions, rules and regulations or order. Such action may be brought in any federal
54 district court having jurisdiction, or in the Circuit Court of Kanawha County or the county where
55 the facility or a major portion thereof is located.