An Act To Amend the Laws Governing the Ground Water Oil Clean-up Fund
Maine Legislature, Session 125, LD 0671
Committee: Environment and Natural Resources
Sponsors: AYOTTE, SHERMAN, CURTIS, EDGECOMB, GIFFORD, THOMAS
Amends: 38 MRSA §568-B, 38 MRSA §569-A

Legislative Document 
No. 671 
H.P. 501 
House of Representatives, February 17, 2011 
An Act To Amend the Laws Governing the Ground Water Oil 
Clean-up Fund 
Reference to the Committee on Environment and Natural Resources suggested and ordered 
printed. 
HEATHER J.R. PRIEST 
Clerk 
Presented by Representative AYOTTE of Caswell. 
Cosponsored by Senator SHERMAN of Aroostook and 
Representatives: CURTIS of Madison, EDGECOMB of Caribou, GIFFORD of Lincoln, 
Senator: THOMAS of Somerset. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  38 MRSA §568-B, as amended by PL 2009, c. 319, §13, is further 
amended to read: 
§568-B.  Fund Insurance Review Board created  
1.  Fund Insurance Review Board.  The Fund Insurance Review Board, as 
established by Title 5, section 12004-G, subsection 11-A, is created for the purposes of 
hearing and deciding appeals from insurance claims-related decisions of the 
commissioner as well as adopting rules and guidelines necessary to the furtherance of its 
duties and responsibilities under this subchapter.  The review board consists of 10 9 
members appointed for 3-year terms as follows: 
A.  Three persons representing the petroleum industry, appointed by the Governor, 
one of whom is nominated by the Maine Oil Dealers Association a retailer who deals 
in heating oil, one of whom is a retailer who owns fewer than 5 retail outlets, as 
defined in Title 10, section 1672, subsection 6, deals in motor fuels and one of whom 
is a retailer who owns 5 or more retail outlets, as defined in Title 10, section 1672 
deals in both heating oil and motor fuels; 
B.  Five Three members of the public who are not employed in the petroleum 
industry and who do not have a direct and substantial financial interest in the 
petroleum industry to be appointed by the Governor; 
C.  The commissioner or the commissioner's designee; and 
D.  The State Fire Marshal or the fire marshal's designee.; and 
E.  One member who is designated by a statewide association of energy dealers. 
Members described in paragraphs A and, B and E are entitled to reimbursement for direct 
expenses of attendance at meetings of the review board or the appeals panel. 
2.  Powers and duties of review board.  The Fund Insurance Review Board has the 
following powers and duties: 
A.  To hear appeals from insurance claims-related decisions of the commissioner 
pursuant to section 568-A, subsection 3-A; 
B.  To adopt rules in accordance with Title 5, chapter 375, subchapter II 2 
establishing criteria for determining substantial compliance for aboveground oil 
storage facilities; 
C.  To contract with the Finance Authority of Maine for such assistance in fulfilling 
the board's duties as the board may require; 
D.  To monitor income and disbursements from the Ground Water Oil Clean-up Fund 
under section 569-A and adjust fees pursuant to section 569-A, subsection 5, 
paragraph E, as required to avoid a shortfall in the fund; and 
E.  To consult with the Finance Authority of Maine at such times as are necessary, 
but no less than annually, to review income and disbursements from the Waste Oil 
Clean-up Fund under Title 10, section 1023-L. The board, at such times and in such 
amounts as it determines necessary, and in consultation with the Finance Authority of 
Maine, shall direct the transfer of funds from the Underground Oil Storage 
Replacement Fund to the Groundwater Ground Water Oil Clean-up Fund.; 
F.  To contract with a consultant, attorney or accountant to review the Ground Water 
Oil Clean-up Fund or an individual cleanup at any time upon a decision by a majority 
vote of the board; 
G.  To review the budget of a cleanup proposed by the department when the costs of 
the cleanup are expected to be more than $100,000; 
H.  To review and approve the annual budget of the Ground Water Oil Clean-up 
Fund; 
I.  To oversee the annual report of the department under section 570-H; and 
J.  To review annually the department's clean-up standards and to adopt rules to make 
changes in those standards. 
3.  Repeal date.  This section is repealed December 31, 2015. 
Sec. 2.  38 MRSA §569-A, sub-§8, ¶A, as amended by PL 2005, c. 157, §1, is 
further amended to read: 
A.  Administrative expenses, personal services and equipment costs of the department 
related to the administration and enforcement of this subchapter, except that total 
disbursements for personal services may not exceed $3,700,000 per fiscal year 
multiplied by an annual adjustment factor of 4% beginning in fiscal year 2005-06, 
and except that total disbursements for administrative expenses may not exceed 
$2,000,000 per fiscal year;  
SUMMARY 
This bill changes the membership of the Fund Insurance Review Board, provides the 
board additional powers and authorizes the board to review and approve the budget of the 
Ground Water Oil Clean-up Fund.