--- kind: "section" citation: "42 U.S.C. § 11001" title: "42" title_heading: "The Public Health and Welfare" number: "11001" heading: "Establishment of State commissions, planning districts, and local committees" release: "119-102" date: "2026-07-12" url: "https://uscodex.org/usc/42/11001" units: - "Chapter 116 — Emergency Planning and Community Right-To-Know" - "Subchapter I — Emergency Planning and Notification" --- # §11001. Establishment of State commissions, planning districts, and local committees - (a) **Establishment of State emergency response commissions—** Not later than six months after October 17, 1986, the Governor of each [State](/usc/42/11049.md?p=9) shall appoint a [State](/usc/42/11049.md?p=9) emergency response commission. The Governor may designate as the [State](/usc/42/11049.md?p=9) emergency response commission one or more existing emergency response organizations that are [State](/usc/42/11049.md?p=9)-sponsored or appointed. The Governor shall, to the extent practicable, appoint [persons](/usc/42/11049.md?p=7) to the [State](/usc/42/11049.md?p=9) emergency response commission who have technical expertise in the emergency response field. The [State](/usc/42/11049.md?p=9) emergency response commission shall appoint local emergency planning committees under [subsection (c)](#c) and shall supervise and coordinate the activities of such committees. The [State](/usc/42/11049.md?p=9) emergency response commission shall establish procedures for receiving and processing requests from the public for information under [section 11044 of this title](/usc/42/11044.md), including tier II information under [section 11022 of this title](/usc/42/11022.md). Such procedures shall include the designation of an official to serve as coordinator for information. If the Governor of any [State](/usc/42/11049.md?p=9) does not designate a [State](/usc/42/11049.md?p=9) emergency response commission within such period, the Governor shall operate as the [State](/usc/42/11049.md?p=9) emergency response commission until the Governor makes such designation. - (b) **Establishment of emergency planning districts—** Not later than nine months after October 17, 1986, the [State](/usc/42/11049.md?p=9) emergency response commission shall designate emergency planning districts in order to facilitate preparation and implementation of emergency plans. Where appropriate, the [State](/usc/42/11049.md?p=9) emergency response commission may designate existing political subdivisions or multijurisdictional planning organizations as such districts. In emergency planning areas that involve more than one [State](/usc/42/11049.md?p=9), the [State](/usc/42/11049.md?p=9) emergency response commissions of all potentially affected [States](/usc/42/11049.md?p=9) may designate emergency planning districts and local emergency planning committees by agreement. In making such designation, the [State](/usc/42/11049.md?p=9) emergency response commission shall indicate which [facilities](/usc/42/11049.md?p=4) subject to the requirements of this subchapter are within such emergency planning district. - (c) **Establishment of local emergency planning committees—** Not later than 30 days after designation of emergency planning districts or 10 months after October 17, 1986, whichever is earlier, the [State](/usc/42/11049.md?p=9) emergency response commission shall appoint members of a local emergency planning committee for each emergency planning district. Each committee shall include, at a minimum, representatives from each of the following groups or organizations: elected [State](/usc/42/11049.md?p=9) and local officials; law enforcement, civil defense, firefighting, first aid, health, local environmental, [hospital](/usc/42/300s–3.md?p=1), and transportation personnel; broadcast and print media; community groups; and [owners](/usc/42/13641.md?p=4) and operators of [facilities](/usc/42/11049.md?p=4) subject to the requirements of this subchapter. Such committee shall appoint a chairperson and shall establish rules by which the committee shall function. Such rules shall include provisions for public notification of committee activities, public meetings to discuss the emergency plan, public comments, response to such comments by the committee, and distribution of the emergency plan. The local emergency planning committee shall establish procedures for receiving and processing requests from the public for information under [section 11044 of this title](/usc/42/11044.md), including tier II information under [section 11022 of this title](/usc/42/11022.md). Such procedures shall include the designation of an official to serve as coordinator for information. - (d) **Revisions—** A [State](/usc/42/11049.md?p=9) emergency response commission may revise its designations and appointments under subsections [(b)](#b) and [(c)](#c) as it deems appropriate. Interested [persons](/usc/42/11049.md?p=7) may petition the [State](/usc/42/11049.md?p=9) emergency response commission to modify the membership of a local emergency planning committee. ## Source credit (Pub. L. 99–499, title III, § 301, Oct. 17, 1986, 100 Stat. 1729.) ## Notes ### Statutory Notes and Related Subsidiaries ### Effective Date Chapter effective Oct. 17, 1986, see section 4 of Pub. L. 99–499, set out as an Effective Date of 1986 Amendment note under section 9601 of this title. ### Short Title Pub. L. 99–499, title III, § 300(a), Oct. 17, 1986, 100 Stat. 1728, provided that: “This title [enacting this chapter] may be cited as the ‘Emergency Planning and Community Right-To-Know Act of 1986’.” ### Executive Documents ### Executive Order No. 12856 Ex. Ord. No. 12856, Aug. 3, 1993, 58 F.R. 41981, which provided for Federal compliance with right-to-know laws and pollution prevention requirements, was revoked by Ex. Ord. No. 13148, § 901, Apr. 21, 2000, 65 F.R. 24604, formerly set out as a note under section 4321 of this title.