CHAPTER 208

FORMERLY

HOUSE BILL NO. 242

AS AMENDED BY HOUSE AMENDMENT NO. 1

AN ACT TO AMEND TITLE 29, CHAPTER 82, AND TITLE 16, CHAPTERS 63 AND 68, OF THE DELAWARE CODE RELATING TO THE STATE EMERGENCY RESPONSE COMMISSION.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Chapter 68, Title 16 of the Delaware Code by deleting Section 6803 thereof in its entirety.

Section 2. Amend Chapter 82, Title 29, Section 8224(2) of the Delaware Code by deleting the words "Commission on the Transportation of Hazardous Materials" as it appears therein and replacing it with the words "State Emergency Response Commission."

Section 3. Amend Chapter 82, Title 29, Section 8226(a) of the Delaware Code by deleting the first sentence thereof and substituting in lieu thereof the following: "A State Emergency Response Commission is hereby established in compliance with Title III of the Federal Superfund Amendments and Reauthorization Act of 1986 (42 U.S.C. Chapter 116, Emergency Planning and Community Right-to-Know) [42 U.S.C. Section 11001]."

Section 4. Amend Chapter 82, Title 29, Section 8226(c) of the Delaware Code by deleting the first two sentences thereof.

Section 5. Amend Chapter 82, Title 29 of the Delaware Code by adding thereto a new section 8232 to read as follows:

"Section 8232. State Emergency Response Commission; other personnel.

Notwithstanding any inconsistent provisions of any public, private or special law, any person who is a bona fide member of, or who is appointed by the State Emergency Response Commission under the authority of Section 301(c) [42 U.S.C. Section 11001] of Title III, Superfund Amendment and Reauthorization Act of 1986 (SARA), to serve on a local emergency planning committee who, in good faith, assists in the development or review of local plans to respond to hazardous materials incidents in this State is not liable for civil damages as a result of any act or omission in the development, review or implementation of such plans unless the act or omission constitutes gross negligence or willful misconduct."

Section 6. Amend Chapter 63, Title 16 of the Delaware Code by deleting the existing text under §6301 and substituting in lieu thereof the following:

"All references to 'State Emergency Response Commission' or 'Commission' within this Chapter shall refer to the State Emergency Response Commission established under Chapter 82, Title 29 of the Delaware Code in compliance with Title III of the Federal Superfund Amendments and Reauthorization Act of 1986 (42 U.S.C. Chapter 116, Emergency Planning and Community Right-to-Know) [42 U.S.C. Section 11001]."

Approved July 17, 1997