Bill Text: CT SB00343 | 2018 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: An Act Concerning The Effects Of Climate Change On The Safety Plans Of Certain Chemical Facilities In The State.

Spectrum: Committee Bill

Status: (Engrossed - Dead) 2018-05-07 - House Calendar Number 562 [SB00343 Detail]

Download: Connecticut-2018-SB00343-Introduced.html

General Assembly

 

Raised Bill No. 343

February Session, 2018

 

LCO No. 1485

 

*01485_______ENV*

Referred to Committee on ENVIRONMENT

 

Introduced by:

 

(ENV)

 

AN ACT CONCERNING THE EFFECTS OF CLIMATE CHANGE ON THE SAFETY PLANS OF CERTAIN CHEMICAL FACILITIES IN THE STATE AND RESIDENTS OF DISTRESSED MUNICIPALITIES.

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

Section 1. Section 22a-610 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018):

(a) As used in this section:

(1) "Tier I information" means information in aggregate terms for hazardous chemicals in categories of health and physical hazards as set forth under the Occupational Safety and Health Act of 1970 and regulations promulgated thereunder, including (A) an estimate, in ranges, of the maximum amount of hazardous chemicals in each category present at the facility at any time during the preceding calendar year, (B) an estimate, in ranges, of the average daily amount of hazardous chemicals in each category present at the facility during the preceding calendar year and (C) the general location of hazardous chemicals in each category.

(2) "Tier II information" means information requested in accordance with subsection (c) for hazardous chemicals including, but not limited to, (A) the chemical name or common name of the chemical as provided on the material safety data sheet, (B) an estimate, in ranges, of the maximum amount of the hazardous chemicals present at the facility at any time during the preceding calendar year, (C) an estimate, in ranges, of the average daily amount of the hazardous chemicals present at the facility during the preceding calendar year, (D) a brief description of the manner of storage of the hazardous chemicals, (E) the location at the facility of the hazardous chemicals and (F) an indication of whether the owner elects to withhold location information of a specific chemical from disclosure to the public under Section 324 of the Emergency Planning and Community Right-to-Know Act of 1986.

(3) "Hazardous chemical" means a chemical for which a material safety data sheet is required under the Occupational Safety and Health Act of 1970 (15 USC 651 et seq.) or a chemical on a list required to be filed under section 22a-609.

(b) On or before March 1, 1990, and annually thereafter, the owner or operator of any facility required to prepare or have available a material safety data sheet for a hazardous chemical under the Occupational Safety and Health Act of 1970 and regulations promulgated thereunder shall, for any such hazardous chemical present at the facility in an amount equal to or in excess of the minimum threshold level specified in Part 370 of Title 40 of the Code of Federal Regulations, as amended from time to time, prepare and submit an emergency and hazardous chemical inventory form containing tier I or tier II information to the appropriate local emergency planning committee, the commission and the fire department with jurisdiction over the facility. The owner or operator may comply with this section by (1) providing information on the inventory form on each element or compound in the mixture which is a hazardous chemical or (2) providing information on the inventory form on the mixture itself.

(c) (1) The owner or operator of a facility submitting an emergency and hazardous chemical inventory form in accordance with subsection (b) of this section shall provide tier II information for a facility to the commission, a local emergency planning committee or a fire department with jurisdiction over the facility upon request of such commission, committee or department.

(2) Any state or municipal official may have access to tier II information submitted in accordance with subsection (b) of this section upon submitting a request to the commission or the local emergency planning committee. Upon request for such information, the commission or local committee shall request the owner or operator of the facility for the tier II information and make available such information to the official.

(d) The owner or operator of a facility which files an inventory form under this section shall, upon request of the fire department with jurisdiction over the facility, allow such fire department to conduct an on-site inspection of the facility and provide to the fire department specific location information on hazardous chemicals at the facility.

(e) For any such facility that the Department of Energy and Environmental Protection identifies as being located in an area at high risk of: (1) Flooding, (2) a severe weather event, or (3) a rise in sea level, as identified in sea level change scenarios published by the National Oceanic and Atmospheric Administration in Technical Report OAR CPO-1 and updated pursuant to subsection (b) of section 25-68o, not later than January 1, 2019, the owner or operator of such facility shall update the hazard mitigation plan and any applicable evacuation plan for such facility to address such risk. Any such updated hazard mitigation plan and evacuation plan shall be submitted to the applicable local emergency planning committee not later than sixty days after it is updated pursuant to this subsection. Each such local emergency planning committee shall review such submissions and determine any necessary changes to the applicable community plans for chemical emergencies, including, but not limited to, any enhanced community notification and emergency evacuation procedures.

Sec. 2. (NEW) (Effective from passage) The Governor's Council on Climate Change shall establish a Climate Justice Working Group that shall report to the council on the potential disproportionate effects of climate change, including, but not limited to, extreme weather events, on residents of distressed municipalities in the state. Such working group shall include, but need not be limited to, members of the council and representatives of such municipalities. In reporting to the council, such working group shall identify infrastructure projects and health-related measures intended to decrease any such disproportionate effects, including, but not limited to, health and safety effects, while retaining the character and integrity of local communities within such municipalities to the greatest extent feasible.

This act shall take effect as follows and shall amend the following sections:

Section 1

October 1, 2018

22a-610

Sec. 2

from passage

New section

Statement of Purpose:

To require the updating of safety plans for certain chemical facilities in the state that are at risk of flooding and other severe weather events as reflected in updated sea level rise projections and to establish a Climate Justice Working Group within the Governor's Council on Climate Change.

[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]

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