An Act To Protect Persons Responding to an Emergency Situation Involving a Water Utility
Maine Legislature, Session 123, LD 1988
Committee: Judiciary
Sponsors: BRYANT, HASTINGS, CARTER, DRISCOLL
Amends: 14 MRSA §159-E

Legislative Document 
No. 1988 
S.P.782 
December 18, 2007 
An Act To Protect Persons Responding to an Emergency Situation 
Involving a Water Utility 
(EMERGENCy) 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203. 
Received by the Secretary of the Senate on December 18, 2007. Referred to the Committee 
on Judiciary pursuant to Joint Rule 308.2 and ordered printed. 
Presented by Senator BRYANT of Oxford. 
JOY J. O'BRIEN 
Secretary of the Senate 
Cosponsored by Senator HASTINGS of Oxford, Representative CARTER of Bethel and 
Representatives: BRYANT of Windham, DRISCOLL of Westbrook. 
Printecl on rec:ycled paper 
I 
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, natural disasters cannot often be predicted; and 
Whereas, the State should have every tool possible in place to facilitate responses to 
natural disasters; and 
Whereas, a responder should not fear suit should the responder enter an emergency 
situation to render assistance; and 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore, 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 14 MRSA §159-E is enacted to read: 
§159-E. Limited liability for emergency response to water utilities 
1. Definitions. As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings. 
A. "Declared emergency" means an emergency that is declared by either state or 
municipal officials. 
B. "Private company" means any company or corporation in the business of selling 
potable water for bulk or retail sale. 
C. "Water utility" has the same meaning as in Title 35-A, section 102. 
2. Limited liability. A private company or a water utility that responds or assists 
another water utility during a declared emergency is not liable for damages, injuries, civil 
liabilities or penalties that result from actions taken or omitted by the responding water 
utility or private company or their respective employees and staff in the course of 
rendering assistance. 
3. Limitations. This section does not limit any liability that may otherwise exist for 
a willful, reckless or grossly negligent act or omission. The liability limitation under 
subsection 2 does not apply if the responding private company or water utility or their 
respective employees and staff are grossly negligent or engage in willful misconduct. 
Emergency clause. 
In view of the emergency cited in the preamble, this 
legislation takes effect when approved. 
Page I -123LR3172(Ol)-1 
SUMMARY 
This bill limits the liability of a water utility or private company and employees and 
staff who perform water utility work and service for another water utility during a 
declared emergency.