Emergency response-incidents.

WORKING DRAFT

ORIGINAL HOUSE
BILL

NO.
0206

ENROLLED ACT NO. 73, HOUSE OF REPRESENTATIVES

SIXTY-FIRST LEGISLATURE OF THE STATE OF
WYOMING
2011 GENERAL SESSION

AN ACT relating to
the Wyoming E
mergency
R
esponse
Act
; including clandestine laboratory investigations in the definition of emergency responses; providing for representation on the state emergency response team; providing for declaration of contamination by emergency response teams as specified; providing for transfer of liability as specified;
and providing for an effective date.

Be It Enacted by the Legislature of the State of
Wyoming
:

Section 1.

W.S. 35
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9
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152(a)(i) and (ii), 35
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153(a)(intro) and 35
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156(d) are amended to read:

35
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152.

Definitions.

(a)

As used in this act:

(i)

"Emergency responders" means public, state or federal fire services, law enforcement, emergency medical services, public health, public works,
homeland security
and other public response services or agencies that would be involved in direct actions to contain or control a hazardous material release
,

or
weapons of mass destruction incident
or clandestine laboratory investigation
. The term "emergency responders" does not include private on-site facilities with immediate emergency response capabilities unless formally requested to assist off the private facility site by the state or a political subdivision of the state;

(ii)

"Emergency response" means a
clandestine laboratory investigation or a
response to any occurrence, including a weapon of mass destruction incident, which has resulted, or may result, in a release of a hazardous material;

35
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153.

State emergency response commission; creation; duties.

(a)

There is created a state emergency response commission that shall consist of members appointed by the governor to advise the director, office of homeland security with respect to activities under this act. The commission shall consist of not less than four (4) members representing the mining, trucking, manufacturing
, aviation
and railroad industries, one (1) member each from the legislature, local government, local law enforcement, fire services, the Joint Tribal Council,
homeland security
, the media, the medical field, emergency medical services and the general public, and one (1) representative from each of the following state agencies:

35
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156.

Local response authority.

(d)

The incident commander shall declare an incident ended when he has determined the threat to public health and safety has ended. Until the incident commander has declared the threat to public safety has ended the incident commander shall have the authority to issue an order on behalf of the political subdivision that any portion of the building, structure or land is uninhabitable

or contaminated
, secure the portion of the building, structure or land that is uninhabitable

or contaminated
and take appropriate steps to minimize exposure to identified or suspected contamination at the site or premise.

If the subject of the site or premise is commercial real estate, the incident commander shall limit the declaration of uninhabitable

or contaminated
to the areas affected by the clandestine laboratory operation and shall not declare the entire commercial real estate uninhabitable

or contaminated
unless the entire commercial property has been documented and determined uninhabitable

or contaminated
using the standards promulgated by the state emergency response commission under W.S. 35
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153(h). The incident commander shall provide written notice to the commercial real estate owner, describing with specificity the extent of the commercial property deemed uninhabitable

or contaminated
.

Any property that is ordered uninhabitable

or contaminated
under this subsection shall only be transferred or sold prior to remediation if full, written disclosure is made to the prospective purchaser, attached to the earnest money receipt if any, and shall accompany the sale documents but not be a part of the deed nor shall it be recorded. The transferor or seller shall notify the incident commander of the transfer or sale within ten (10) days of the transfer or sale.

Receipt of full written disclosure under this subsection constitutes a full release of liability on the part of the
seller
or transferor and acceptance of liability on the part of the buyer or transferee
unless otherwise agreed to in writing by the transferor and transferee
.

Section 2.

This act is effective July 1, 2011.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the House.

Chief Clerk

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