N.H. Rev. Stat. § 21-P:48

Current through Chapter 381 of the 2024 Legislative Session

Section 21-P:48 - Advisory Council on Emergency Preparedness and Security

I. There is hereby created an advisory council on emergency preparedness and security, consisting of the following members:

(a) The director of the division of homeland security and emergency management.

(b) The attorney general, or designee.

(c) The chair of the public utilities commission, or designee.

(d) The adjutant general, or designee.

(e) The commissioner of the department of health and human services, or designee.

(f) The director of the division of fire safety.

(g) The commissioner of the department of safety, or designee.

(h) The director of the office of planning and development.

(i) The commissioner of the department of transportation, or designee.

(j) The commissioner of the department of natural and cultural resources, or designee.

(k) The commissioner of the department of agriculture, markets, and food, or designee.

(l) The commissioner of the department of environmental services, or designee.

(m) The commissioner of the department of administrative services, or designee.

(n) The director of the division of ports and harbors, Pease development authority.

(o) The director of police standards and training.

(p) The director of the division of fire standards and training.

(q) A local police chief, appointed by the governor.

(r) A local fire chief, appointed by the governor.

(s) A county sheriff appointed by the governor.

(t) A representative of the Professional Firefighters of New Hampshire, appointed by the governor.

(u) The director of the division of state police.

(v) The director of the division of public health services.

(w) The commissioner of the department of corrections, or designee.

(x) The executive director of the department of fish and game, or designee.

(y) The executive director of the New Hampshire Hospital Association.

(z) A representative of a regional emergency planning committee, appointed by the governor.

(aa) One member of the state hazardous materials cooperative, appointed by the governor.

(bb) A representative of the hazardous materials transporter industry, appointed by the governor.

(cc) A representative of the hazardous materials industry, appointed by the governor.

(dd) The director of the division of emergency communications and services.

(ee) A representative of the Business and Industry Association, appointed by the governor.

(ff) A representative from the United States Environmental Protection Agency, appointed by that agency.

(gg) A representative from the Federal Bureau of Investigation, appointed by the Bureau.

(hh) A representative from the United States Coast Guard, appointed by that agency.

(ii) [Repealed.]

(jj) A representative of the nuclear power industry, appointed by the governor.

(kk) A representative of the United States Department of Homeland Security, appointed by the department.

(ll) The primary investigator for the Centers for Disease Control and Assistant Secretary for Preparedness and Response (ASPR) grant programs.

(mm) A representative of the state citizens corps, appointed by the governor.

(nn) A representative of the emergency medical services medical control board, appointed by the board.

(oo) The United States Attorney for the District of New Hampshire, or designee.

(pp) A representative from the department of health and human services radiological health program, designated by the commissioner of health and human services.

(qq) A representative from the department of environmental services environmental health program, designated by the commissioner of environmental services.

(rr) A representative from the department of environmental services waste management division, designated by the commissioner of environmental services.

(ss) A judicial branch representative, chosen by the chief justice of the supreme court.

(tt) A representative of a volunteer emergency response non-governmental organization, appointed by the governor.

(uu) The commissioner of the department of information technology, or designee.

(vv) Such other representatives as the governor, from time to time, may deem necessary for the fulfillment of the council's mandates.

II.

(a) The council shall advise the governor on issues involving the state's ability to respond to natural and human-caused disasters, and the preparation and maintenance of a state disaster plan in conformance with any federal regulation or law.

(b) The director of homeland security and emergency management shall seek the advice of the council in matters pertaining to any of the state's emergency plans, including the allocation of state and federal resources to meet the objectives of such plan.

(c) The council shall serve the functions of the state emergency response commission (SERC) and the Centers for Disease Control's state public health emergency preparedness committee, and may form subcommittees as necessary to perform these functions.

(d) The council or an appropriate subcommittee of the council shall review state and federal legislative proposals and regulations, problems with hazardous material transportation, emergency response action team plans, and training and instructional materials on the transportation of hazardous materials, and make recommendations as necessary regarding the efficacy of controls relative to such transportation and the best means for applying such controls without duplication of responsibility or regulation.

(e) The council shall make available upon request through the department of safety current regulations and reference materials relative to hazardous materials and address any regulations or ordinances that appear to be in conflict.

(f) The council shall oversee statewide radio communications interoperability efforts through the statewide interoperability executive committee, established in paragraph IV, and approve the strategic statewide interoperable communications plan developed by the committee under paragraph VII.

(g) The council shall periodically and otherwise as necessary report to the governor, the senate president, and the speaker of the house of representatives on any recommendations of the council that pertain to the state's preparedness and ability to respond to natural and human-caused disasters and acts of terrorism.

(h) The commissioner of safety or the commissioner's designee shall serve as the chairperson of the council.

III. No fewer than 20 members shall constitute a quorum at any meeting. For ex officio positions a designee from that organization may be appointed in writing by the member to represent him or her at any meeting which the member is unable to attend.

IV. There is established within the department of safety a radio interoperability governance group known as the statewide interoperability executive committee (SIEC). The SIEC shall report to the council and shall be comprised of the following members:

(a) The commissioner of the department of safety, or designee, who shall serve as chairperson of the committee.

(b) The statewide interoperability coordinator, who shall serve as an ex-officio member of the committee.

(c) The director of the division of homeland security and emergency management, or designee.

(d) Two representatives of the New Hampshire Association of Chiefs of Police, one of whom serves as chief of police for a city and one of whom serves as chief of police for a town.

(e) Two representatives of the New Hampshire Association of Fire Chiefs, one of whom serves as fire chief for a city and one of whom serves as fire chief for a town.

(f) A representative of a charitable organization that provides disaster relief, appointed by the commissioner.

(g) One member of the house of representatives, appointed by the speaker of the house of representatives.

(h) One member of the senate, appointed by the senate president.

(i) One member of the Professional Fire Fighters of New Hampshire, appointed by the association.

(j) One representative of the New Hampshire Sheriff's Association, appointed by the association.

(k) The state fire marshal, or designee.

(l) One member of the New Hampshire Police Association, appointed by the association.

(m) A representative of the New Hampshire Hospital Association, appointed by the association.

(n) A local emergency medical services provider, appointed by the commissioner.

(o) A local public health official, appointed by the commissioner.

(p) A local public works official, appointed by the commissioner.

(q) A representative of the New Hampshire Emergency Dispatchers Association, appointed by the association.

(r) One representative of a major public safety dispatch center, appointed by the commissioner.

(s) The commissioner of the department of administrative services, or designee.

(t) The executive director of fish and game, or designee.

(u) The commissioner of transportation, or designee.

(v) The commissioner of business and economic affairs, or designee.

(w) The commissioner of natural and cultural resources, or designee.

(x) The commissioner of health and human services, or designee.

(y) The director of emergency services and communications, or designee.

(z) The university of New Hampshire police chief.

(aa) The adjutant general, or designee.

(bb) The department of safety, grants management coordinator, or designee.

(cc) The department of safety, director of state police, or designee.

(dd) The assistant commissioner of safety.

(ee) A representative of the department of justice, appointed by the attorney general.

(ff) A representative of fire mutual aid districts, appointed by the districts.

(gg) The director of fire standards and training and emergency medical services, or designee.

(hh) A department of safety emergency services radio technician, appointed by the commissioner of safety.

(ii) The commissioner of the department of information technology, or designee.

(jj) The commissioner of the department of corrections, or designee.

(kk) Not more than 2 representatives of private, broadband technology-related businesses, appointed by the executive management group.

(ll) Not more than 2 representatives of the university of New Hampshire broadband technology-related business, appointed by the executive management group of the SIEC.

(mm) Not more than 7 subject matter experts, based on the identified need of the SIEC, appointed by the executive management group.

V. Public members of the committee shall serve 3-year terms. Representatives of state agencies and legislative members of the committee shall serve terms coterminous with their term in office. If in the course of a member's term, the member becomes ineligible because of a change of occupation or is no longer a member of the group that he or she represented, he or she shall continue to serve until a replacement is qualified and designated. Voting members of the committee shall elect by majority vote a vice-chairperson and a secretary, each of whom shall serve a term of 2 years. A voting member, or the member's designee, may submit a single alternate member, who may serve as a voting member in the absence of the voting member or designee by submitting the name and position in writing to the chair prior to the alternate making any vote. A quorum shall consist of 12 voting members of the committee.

VI. The SIEC shall include an executive management group and 3 working groups.

(a) The executive management group shall be responsible for aligning overarching interoperability strategies and plans, and maintaining fiduciary and fiscal compliance. The executive management group shall be comprised of the following 8 members:

(1) The chairpersons of the 3 SIEC working groups established in subparagraph (b).

(2) The chairperson of the SIEC.

(3) The vice-chairperson of the SIEC.

(4) The secretary of the SIEC.

(5) A legislative member of the SIEC, elected by the SIEC.

(6) The statewide interoperability coordinator.

(b) The working groups shall be comprised of voting members of the SIEC selected by the commissioner and shall consist of a radio frequency communications working group, a data communications working group, and an operations working group.

(c) The chairperson of each working group shall serve on the executive management group of the SIEC representing the interest of his or her group.

(d) The SIEC and the working groups may invite subject matter experts to provide information and testimony relevant to the committee or group.

VII. The SIEC shall oversee statewide radio communications interoperability efforts and shall develop, with the approval of the council, a strategic statewide interoperable communications plan and any amendments thereto. The SIEC shall:

(a) Utilize the most contemporaneous statewide communications interoperability plan (SCIP), the National Emergency Communications Plan, and the SCIP action plan as a framework to better understand the current baselines of communications interoperability and to determine how to best implement each step toward interoperability in the state, with neighboring states, and with federal partners.

(b) Direct the working groups established in paragraph VI to identify and recommend technologies, operating procedures, network consolidation, and other resources that will enhance communications interoperability in New Hampshire.

(c) Create a statewide communications interoperability strategy and spending plan; attempt to bridge regional plans with the statewide strategy; and oversee implementation of the statewide communications interoperability plan and the national emergency communications plan.

(d) Recommend best practices, policies, procedures, and protocols for communications personnel, including dispatchers and dispatch center supervisors as well as technical communications support staff.

(e) Establish training baselines and recommend training for key communications personnel, and help to ensure that training opportunities supporting communications interoperability are available to all public safety first responders and public safety dispatchers.

RSA 21-P:48

Amended by 2021, 91:198, eff. 7/1/2021.

Amended by 2018, 251:2, eff. 8/11/2018.

Amended by 2018, 251:1, eff. 8/11/2018.

Amended by 2017, 156:§§14, 64 eff. 7/1/2017.

Amended by 2015, 176:3, §4 eff. 6/26/2015.

Amended by 2012, 265:5, eff. 6/18/2012.

Amended by 2011, 169:2, eff. 1/1/2012.

Amended by 2011, 224:274, eff. 7/1/2011.

2002, 257:7. 2003, 319:110 -113. 2004, 171:7, 8, 28; 257:44. 2005, 149:5. 2008, 361:6. 2011, 169:2, eff. Jan. 1, 2012; 224:274, III, eff. July 1, 2011. 2012, 265:5, eff. June 18, 2012. 2015, 176:3, 4, eff. June 26, 2015. 2017, 156:14, I, 64, eff. July 1, 2017. 2018, 251:1, 2, eff. Aug. 11, 2018. 2021, 91:198, eff. July 1, 2021.