HOUSE BILL 1216

48th legislature - STATE OF NEW MEXICO - first session, 2007

INTRODUCED BY

Janice E. Arnold-Jones

AN ACT

RELATING TO EMERGENCY RESPONSE; ENACTING THE INTEROPERABILITY EMERGENCY RESPONSE ACT; ESTABLISHING THE INTEROPERABILITY PLANNING COMMISSION; ASSIGNING DUTIES TO THE DEPARTMENT OF PUBLIC SAFETY.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     Section 1. A new section of Chapter 12 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] SHORT TITLE.--This act may be cited as the "Interoperability Emergency Response Act"."

     Section 2. A new section of Chapter 12 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] DEFINITIONS.--As used in the Interoperability Emergency Response Act:

          A. "critical infrastructure" means a facility that needs to be safeguarded in an emergency in the interest of public health and safety, including:

                (1) a chemical manufacturing facility;

                (2) a refinery;

                (3) an electrical power generating facility, a substation, a switching station, an electrical control center or an electrical transmission or distribution facility;

                (4) a water intake structure, a water treatment facility, a wastewater treatment plant or a pump station;

                (5) a natural gas transmission compressor station, a liquid natural gas terminal or storage facility or a gas processing plant, including a plant used in the processing, treatment or fractionation of natural gas;

                (6) a telecommunications central switching office;

                (7) a national laboratory;

                (8) a railroad switching yard or a trucking terminal or other freight transportation facility; or

                (9) a transmission facility used by a federally licensed radio or television station;

          B. "department" means the department of public safety;

          C. "first responder" means a public safety employee or volunteer whose duties include responding rapidly to an emergency, including:

                (1) a law enforcement officer;

                (2) a firefighter or certified volunteer firefighter; or 

                (3) an emergency medical services provider;

          D. "infrastructure equipment" means the underlying fixed equipment required to establish interoperable communications between radio systems used by local, state, tribal and federal agencies and first responders; and

          E. "interoperability" means coordination of critical information communication systems or networks, including radio and computer equipment, that are consistently operable with all relevant local, state, tribal and federal agencies and first responders."

     Section 3. A new section of Chapter 12 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] INTEROPERABILITY PLANNING COMMISSION--CREATED.--

          A. The "interoperability planning commission" is created and administratively attached to the emergency planning and coordination bureau of the department.

          B. The interoperability planning commission is a permanent advisory committee created to advise and support the department on emergency response and homeland security activities relating to first responders, interoperable radio communications, the integration of statewide exercises for hazards, the obtaining of funding and the use of available funding.

          C. The commission consists of at least sixteen members, including:

                (1) the lieutenant governor;

                (2) the homeland security adviser;

                (3) the secretary of environment or the secretary's designee;

                (4) the adjutant general or a representative from the department of military affairs;

                (5) the secretary of energy, minerals and natural resources or the secretary's designee;

                (6) the superintendent of insurance or the superintendent's designee;

                (7) the secretary of Indian affairs or the secretary's designee;

                (8) one representative from each of the following entities of the state, appointed by the governor:

                     (a) law enforcement;

                     (b) firefighters; and

                     (c) emergency medical services; and

                (9) one representative from each of the following private sector entities, appointed by the governor:

                     (a) information technology;

                     (b) telecommunications;

                     (c) public health;

                     (d) transportation;

                     (e) the defense industry; and

                     (f) the hazardous materials industry.

          D. Appointed members of the commission shall serve for terms of three years; provided that when making the initial appointments, the governor shall appoint three members to a term of one year, three members to a term of two years and three members to a term of three years.

          E. The governor shall appoint the chair and vice chair from among the members of the commission. The commission shall meet at the call of the chair but no less than two times each year.

          F. Members of the commission shall be reimbursed for per diem and mileage pursuant to the Per Diem and Mileage Act and shall not receive any other compensation, perquisite or allowance."

     Section 4. A new section of Chapter 12 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] INTEROPERABILITY PLANNING COMMISSION--DUTIES.--The interoperability planning commission shall advise the department on:

          A. the development and coordination of a statewide interoperable emergency communications response plan in compliance with national incident command system guidelines, including an integrated public safety radio communications system and other coordinated critical information systems, to achieve interoperability within and between local, state, tribal and federal agencies and first responders;

          B. implementation of the interoperability emergency response plan by state and local agencies and shall provide specific suggestions for methods by which agencies shall implement those strategies;

          C. priorities relating to the interoperability emergency response plan;

          D. determining critical infrastructure in the state; and

          E. other matters relating to planning, development, coordination, promotion and implementation of the interoperability emergency response plan."

     Section 5. A new section of Chapter 12 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] INTEROPERABILITY--DEPARTMENT.--The department shall:

          A. implement and administer a statewide interoperability emergency response plan;

          B. develop a budget and a plan to purchase infrastructure equipment for state and local agencies and first responders;

          C. provide a single point of entry to disseminate information, applications, processes and communications;

          D. train representatives of entities in the state that are involved in emergency response and homeland security activities with respect to interoperability;

          E. require that all communications at emergency incidents adhere to the national incident command system guidelines established by the federal department of homeland security; and

          F. use appropriated money, including money from relevant federal homeland security grants, for the purposes of designing, implementing and maintaining a statewide integrated public safety radio communications system."

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