§ 2. Definitions

As used in this chapter:

(1) “All-hazards” means any natural disaster, health or disease-related emergency, accident, civil insurrection, use of weapons of mass destruction, terrorist or criminal incident, radiological incident, significant event, and designated special event, any of which may occur individually, simultaneously, or in combination and that poses a threat or may pose a threat, as determined by the Commissioner or designee, to property or public safety in Vermont.

(2) “Commissioner” means the Commissioner of Public Safety.

(3) “Director” means the Director of Vermont Division of Emergency Management.

(4) “Emergency functions” include services provided by the Department of Public Safety, firefighting services, police services, sheriff’s department services, medical and health services, rescue, engineering, emergency warning services, communications, evacuation of persons, emergency welfare services, protection of critical infrastructure, emergency transportation, temporary restoration of public utility services, other functions related to civilian protection, and all other activities necessary or incidental to the preparation for and carrying out of these functions.

(5) “EPCRA” means the federal Emergency Planning and Community Right-To-Know Act, 42 U.S.C. §§ 11001-11050 (1986).

(6) “Emergency management” means the preparation for and implementation of all emergency functions, other than the functions for which the U.S. Armed Forces or other federal agencies are primarily responsible, to prevent, plan for, mitigate, and support response and recovery efforts from all-hazards. Emergency management includes the equipping, exercising, and training designed to ensure that this State and its communities are prepared to deal with all-hazards.

(7) “Hazard mitigation” means any action taken to reduce or eliminate the threat to persons or property from all-hazards.

(8) “Hazardous chemical or substance” means:

(A) Any chemical covered by 42 U.S.C. §§ 11021 and 11022 and defined in 29 C.F.R. § 1910.1200(c) or in 18 V.S.A. § 1722.

(B) Any substance as defined in 42 U.S.C. § 9601(14) or designated hazardous by the administrator of the U.S. Environmental Protection Agency pursuant to 42 U.S.C. §§ 9602(a) or 11002(a)(2).

(C) Any hazardous material pursuant to 5 V.S.A. § 2001.

(D) Fungicides, herbicides, insecticides, or rodenticides as defined in 6 V.S.A. § 911.

(E) Any hazardous waste or material as defined in 10 V.S.A. § 6602.

(F) Any of the dangerous substances defined in section 2799 of this title.

(9) “Hazardous chemical or substance incident” means any mishap or occurrence involving hazardous chemicals or substances that may pose a threat to persons or property.

(10) “Homeland security” means the preparation for and carrying out of all emergency functions, other than the functions for which the U.S. Armed Forces or other federal agencies are primarily responsible, to prevent, minimize, or repair injury and damage resulting from or caused by enemy attack, sabotage, or other hostile action.

(11) “Radiological incident” means any mishap or occurrence involving radiological activity that may pose a threat to persons or property. (Amended 1971, No. 209 (Adj. Sess.), eff. April 3, 1972; 1989, No. 252 (Adj. Sess.), § 3; 2005, No. 209 (Adj. Sess.), § 3; 2021, No. 20, § 112.)