An Act To Update the Maine Emergency Management Laws
Maine Legislature, Session 126, LD 0326
Committee: Criminal Justice and Public Safety
Sponsors: GERZOFSKY, LONG, DION
Amends: 37-B MRSA §701, 37-B MRSA §702, 37-B MRSA §703, 37-B MRSA §704, 37-B MRSA §709, 37-B MRSA §741, 37-B MRSA §745, 37-B MRSA §783, 37-B MRSA §784-A, 37-B MRSA §850, 37-B MRSA §1118, 37-B MRSA §1119

Legislative Document 
No. 326 
S.P. 121 
In Senate, February 7, 2013 
An Act To Update the Maine Emergency Management Laws 
Submitted by the Department of Defense, Veterans and Emergency Management pursuant 
to Joint Rule 204. 
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed. 
DAREK M. GRANT 
Secretary of the Senate 
Presented by Senator GERZOFSKY of Cumberland. 
Cosponsored by Representative LONG of Sherman and 
Representative: DION of Portland. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  37-B MRSA §701, sub-§3, as enacted by PL 1983, c. 460, §3, is amended 
to read: 
3.  Emergency powers.  Confer upon the Governor and the executive heads of 
governing bodies of the political subdivisions of the State certain emergency powers; and 
Sec. 2.  37-B MRSA §701, sub-§4, as repealed and replaced by PL 2003, c. 510, 
Pt. A, §32, is amended to read: 
4.  Mutual aid.  Provide for the rendering of mutual aid among the political 
subdivisions of the State and with other states and provinces of Canada for the 
accomplishment of emergency management functions.; and 
Sec. 3.  37-B MRSA §701, sub-§5 is enacted to read: 
5.  Homeland security.  Authorize the Maine Emergency Management Agency to 
coordinate the State's homeland security-related preparedness, response, recovery, 
prevention and protection activities. 
Sec. 4.  37-B MRSA §702, as amended by PL 2001, c. 662, §73, is further 
amended to read: 
§702.  Policy 
It is declared to be the policy of the State that all emergency management and 
homeland security functions be coordinated to the maximum extent with the comparable 
functions of the Federal Government, including its various departments and agencies, of 
other states and localities, and of private agencies so that the most effective preparation 
and use may be made of the nation's workforce, resources and facilities for dealing with 
any disaster that may occur. 
Sec. 5.  37-B MRSA §703, sub-§2-D is enacted to read: 
2-D.  Homeland security.  "Homeland security" means a concerted national effort to 
prevent and disrupt terrorist attacks, protect against man-made and natural hazards and 
respond to and recover from incidents that do occur. 
Sec. 6.  37-B MRSA §703, sub-§8 is enacted to read: 
8.  Terrorism.  "Terrorism" means conduct that is designed to cause serious bodily 
injury or substantial risk of bodily injury to multiple persons, substantial damage to 
multiple structures whether occupied or unoccupied or substantial physical damage 
sufficient to disrupt the normal functioning of a critical infrastructure. 
Sec. 7.  37-B MRSA §704, as amended by PL 2007, c. 3, §1 and c. 167, §11, is 
further amended to read: 
§704.  Director; duties 
The Maine Emergency Management Agency, as previously established and in this 
chapter called the "agency," is under the supervision of the Director of the Maine 
Emergency Management Agency, who in this chapter is called the "director."  The 
director must be qualified by education, training or experience in managing emergencies 
or in the emergency management profession and is appointed by the Governor upon 
recommendation of the commissioner, subject to review by the joint standing committee 
of the Legislature having jurisdiction over the Department of Public Safety and 
confirmation by the Legislature.  The director serves at the pleasure of the Governor. 
The director may employ technical, clerical, stenographic, administrative and 
operative assistants and other personnel, subject to the Civil Service Law, and make 
expenditures, with approval of the commissioner, that are necessary to carry out the 
purposes of this chapter. 
The director, subject to the direction and control of the commissioner, is responsible 
administratively to the commissioner, retains direct access to the Governor in the case of 
an emergency and is responsible for notifying the Governor and the commissioner of all 
emergencies.  The director is the executive head of the agency and is responsible for 
carrying out the program for emergency management.  The director shall represent the 
Governor on all matters pertaining to the comprehensive emergency management 
program and the disaster and emergency response of the State; shall coordinate the 
activities of all organizations for emergency management within the State; shall maintain 
liaison with and cooperate with emergency management and public safety agencies and 
organizations of other states, the Federal Government and foreign countries, and their 
political subdivisions; prior to the annual meeting required in section 782, subsection 4, 
shall provide to each of the local emergency management organizations of the State an 
annual assessment of each organization's degree of emergency management capability 
and any other information pertinent to ensuring the public's welfare and safety within the 
local organization's jurisdiction; and has additional authority, duties and responsibilities 
as may be prescribed by the commissioner or the Governor. 
The director, in consultation with the Office of Chief Medical Examiner, shall 
prepare a plan for the recovery, identification and disposition of human remains in a 
disaster.  The Office of Chief Medical Examiner is responsible for execution of the plan, 
with full cooperation and assistance from all other members of the emergency 
management forces. 
This plan must be reviewed and updated as necessary.  The director shall see that the 
plan and the reviews receive suitable dissemination on a timely basis. 
The director shall conduct periodic assessments at least once every 2 years, beginning 
January 15, 2007, of the use of public safety radio frequencies in emergency situations to 
ensure that first responders obtain sufficient training to understand and comply with 
adopted protocols and procedures. 
The director shall develop and conduct an annual program of comprehensive public 
education, using all appropriate means of communication to educate and inform members 
of the public and public officials about emergency preparedness, response, recovery and 
mitigation.  The program must incorporate the use of appropriate accessible formats to 
educate and inform individuals with disabilities, individuals who are elderly and non-
English-speaking residents of Maine. 
The director shall develop and conduct an annual statewide program of emergency 
management exercises to test the policies and plans of the state, county and local 
emergency management agencies.  The program must address all disasters identified 
pursuant to section 783, subsection 1. 
The director shall: 
1.  Emergency management; disaster response.  Represent the Governor in all 
matters pertaining to the comprehensive emergency management program and the 
disaster and emergency response of the State; 
2.  Coordination.  Coordinate the activities of all organizations for emergency 
management within the State; 
3.  Liaison.  Maintain liaison with and cooperate with emergency management and 
public safety agencies and organizations of other states, the Federal Government and 
foreign countries and their political subdivisions; 
4.  Local emergency management; assessment.  Prior to the annual meeting 
required in section 782, subsection 4, provide to each of the local emergency 
management organizations of the State an annual assessment of each organization's 
degree of emergency management capability and any other information pertinent to 
ensuring the public's welfare and safety within the local organization's jurisdiction; 
5.  Public safety radio frequencies; assessment.  Conduct periodic assessments at 
least once every 2 years of the use of public safety radio frequencies in emergency 
situations to ensure that first responders obtain sufficient training to understand and 
comply with adopted protocols and procedures; 
6.  Public education.  Develop and conduct an annual program of comprehensive 
public education, using all appropriate means of communication to educate and inform 
members of the public and public officials about emergency preparedness, response, 
recovery, prevention and mitigation. The program must incorporate the use of appropriate 
accessible formats to educate and inform individuals with disabilities, individuals who are 
elderly and non-English-speaking residents of the State; 
7.  Training program.  Develop and conduct an annual statewide program of 
emergency management training, including the assessment, development and 
implementation of appropriate training for state, county and local emergency 
management and response and support personnel, public officials and the public.  The 
program must address all hazards and threats identified pursuant to section 783; 
8.  Exercises; evaluations; corrective actions.  Develop and conduct an annual 
statewide program of emergency management exercises, evaluations and corrective 
actions to test and improve the policies and plans of the state, county and local emergency 
management agencies. The program must address all hazards and threats identified 
pursuant to section 783; 
9.  Emergency operations center.  Maintain and operate a primary State Emergency 
Operations Center and designate an alternate State Emergency Operations Center 
pursuant to section 741, subsection 3, paragraph G-1; 
10.  Risk assessment; emergency planning guidance.  Develop and disseminate 
risk assessment and emergency planning guidance in conformance with current federal 
requirements and national standards for use by the agency and county, regional and 
municipal jurisdictions; 
11.  Comprehensive emergency management plan.  Develop and maintain a 
comprehensive emergency management plan for the State that is in conformance with 
guidance developed under subsection 10; and 
12.  Additional duties and authority.  Carry out any additional duties and assume 
such additional authority as may be prescribed by the commissioner or the Governor. 
Sec. 8.  37-B MRSA §709 is enacted to read: 
§709.  Governor's homeland security advisor 
The Commissioner of Defense, Veterans and Emergency Management serves as the 
Governor's homeland security advisor. 
Sec. 9.  37-B MRSA §741, sub-§3, ¶A, as repealed and replaced by PL 2003, c. 
510, Pt. A, §34, is amended to read: 
A.  Make, amend and rescind the necessary orders and rules to carry out this chapter 
within the limits of the authority conferred upon the Governor and not inconsistent 
with the rules, regulations and directives of the President of the United States or of 
any federal department or agency having specifically authorized emergency 
management or homeland security functions; 
Sec. 10.  37-B MRSA §741, sub-§3, ¶D, as repealed and replaced by PL 2003, c. 
510, Pt. A, §34, is amended to read: 
D.  In accordance with the plan and program for the emergency management 
functions of the State, and consistent with the emergency management and homeland 
security plans, programs and directives of the Federal Government, procure supplies 
and equipment, institute training programs and public information programs and take 
all other preparatory steps, including the partial or full mobilization of emergency 
management organizations in advance of actual disaster or catastrophe, to ensure the 
furnishing of adequately trained and equipped forces of emergency management 
personnel in time of need; 
Sec. 11.  37-B MRSA §741, sub-§3, ¶G, as amended by PL 2009, c. 252, §1, is 
further amended to read: 
G.  On behalf of the State, enter into mutual aid arrangements with other states and 
foreign countries, and their political subdivisions, and coordinate mutual aid plans 
between political subdivisions of the State.  If an arrangement is entered into with a 
jurisdiction that has enacted the Emergency Management Assistance Compact, 
chapter 16, or the International Emergency Management Assistance Compact, 
chapter 16-A, any resulting agreement or agreements may be considered 
supplemental agreements pursuant to those compacts.  If the other jurisdiction or 
jurisdictions with which the Governor proposes to cooperate have not enacted one of 
those compacts, the Governor may negotiate special agreements with the jurisdiction 
or jurisdictions.  Any agreement, if sufficient authority for its making does not 
otherwise exist, becomes effective only after approval by the Legislature; and 
Sec. 12.  37-B MRSA §741, sub-§3, ¶G-1 is enacted to read: 
G-1.  Establish and ensure maintenance of a primary facility designated as the State 
Emergency Operations Center from which the emergency coordination of response to 
and recovery from a disaster may be effectively carried out and ensure the 
identification of an alternate site that may be used for this purpose if necessary; and 
Sec. 13.  37-B MRSA §745, as amended by PL 2009, c. 252, §§2 to 4, is further 
amended to read: 
§745.  Disaster Recovery Fund 
1.  Fund established.  There is established the Disaster Relief Recovery Fund, 
referred to in this section as "the fund," to be administered by the agency. 
2.  Sources of fund.  The following must be paid into the fund: 
A.  All money appropriated for inclusion in the fund; 
B.  All interest from investment of the fund;  
C.  Any other money deposited in the fund from the Department of Defense, Veterans 
and Emergency Management, Disaster Assistance Relief, Other Special Revenue 
Funds account; and 
D.  Reimbursement received from the Federal Government or other legal entity for 
disaster relief recovery assistance expenditures made from the fund. 
3.  Use of fund.  The fund must be the first resource used when section 742 or 744 is 
invoked.  The fund may be used for any of the following at the discretion of the Governor 
or Governor's designee: 
A.  To provide disaster relief recovery assistance to individuals and families when a 
federal disaster declaration is not received; 
B.  To provide disaster relief recovery assistance to local governmental units of the 
State for infrastructure repair and response when a federal disaster declaration is not 
received; 
C.  Emergency response costs for state agencies; 
D.  To provide low-interest loans to businesses for disaster relief recovery assistance 
when a federal disaster declaration is not received; 
E.  Disaster-related unmet needs of individuals and families following a federally 
declared disaster; 
F.  Matching funds for assistance to individuals in a federally declared disaster; and 
G.  Matching funds for assistance to state and local governmental units in a federally 
declared disaster. 
4.  Fund balance.  The fund's balance may not exceed $3,000,000, except by order of 
the Governor.  In the absence of such an order, any amount, including interest, that 
accrues in excess of $3,000,000 must be transferred by the State Controller to the Maine 
Budget Stabilization Fund, established in Title 5, section 1532.  Beginning July 1, 2010, 
the fund's maximum allowable balance must be adjusted annually on July 1st by any 
percentage change in the Consumer Price Index from January 1st to December 31st of the 
previous year, but only to a maximum increase of 2%. 
5.  Annual report.  The director shall submit a written report by January 15, 2007 
and annually thereafter to the Governor and the Legislature on the fund's balance and 
expenditures. 
6.  Rules.  The agency shall adopt rules governing the process for the expenditure of 
funds from the fund.  Rules adopted pursuant to this subsection are major substantive 
rules as defined in Title 5, chapter 375, subchapter 2-A. 
Sec. 14.  37-B MRSA §783, as amended by PL 2003, c. 404, §10 and c. 510, Pt. 
A, §36, is further amended to read: 
§783.  Disaster emergency plan 
Each municipality, county and regional emergency management agency shall prepare 
and keep a current disaster emergency plan for the area subject to its jurisdiction.  That 
plan must include, without limitation:  The plan must be approved by the jurisdiction's 
governing body.  The plan must follow the risk assessment and planning guidance 
provided by the director under section 704, subsection 10 and address the hazards and 
threats that pose the greatest risk to the jurisdiction and the capabilities and actions 
needed to respond to and recover from disasters. 
1.  Identification of disasters.  Identification of disasters to which the jurisdiction is 
or may be vulnerable, specifically indicating the areas most likely to be affected; 
2.  Action to minimize damage.  Identification of the procedures and operations 
which will be necessary to prevent or minimize injury and damage in the event those 
disasters occur; 
3.  Personnel, equipment and supplies.  Identification of the personnel, equipment 
and supplies required to implement those procedures and operations and the means by 
which their timely availability will be assured; 
4.  Recommendations.  Recommendations to appropriate public and private agencies 
of all preventive measures found reasonable in light of risk and cost; and 
5.  Other.  Other elements required by agency rule. 
Each municipal, county and regional emergency management agency, as part of the 
development of a disaster emergency plan for the area subject to its jurisdiction, shall 
consult as it considers appropriate with hospitals institutions, organizations and 
businesses within its jurisdiction to ensure that the disaster plans developed by the 
municipality or agency and the hospitals those institutions, organizations and businesses 
are compatible.  Institutions, organizations and businesses with which the municipality or 
agency may consult include, but are not limited to, hospitals, schools, health care 
facilities, group homes and day care centers. 
Sec. 15.  37-B MRSA §784-A, as amended by PL 2005, c. 630, §2, is further 
amended to read: 
§784-A.  Right to call for and employ assistance 
The Maine Emergency Management Agency and local organizations for emergency 
management may employ any person considered necessary to assist with emergency 
management activities.  All persons called and employed for assistance shall proceed as 
directed by the Maine Emergency Management Agency or the local organization.  Any 
person called and employed for assistance either within the State or in another state under 
chapter 16 or in a Canadian province under chapter 16-A is deemed to be an employee of 
the State for purposes of immunity from liability pursuant to section sections 822, 926 
and 940 and for purposes of workers' compensation insurance pursuant to section sections 
823, 928 and 942, except for persons excluded from the definition of employee pursuant 
to Title 39-A, section 102, subsection 11.  A health care worker licensed in this State, 
either designated by the Maine Emergency Management Agency to perform emergency 
management or health activities in this State in a declared disaster or civil emergency 
pursuant to section 742 or designated by the Maine Emergency Management Agency to 
render aid in another state under chapter 16, is deemed to be an employee of the State for 
purposes of immunity from liability pursuant to this section and section 926 and for 
purposes of workers' compensation insurance pursuant to sections 823 and 928, except 
for persons excluded from the definition of employee pursuant to Title 39-A, section 102, 
subsection 11.  A person holding a professional license in the State may be designated a 
member of the emergency management forces in that professional capacity only after the 
individual or the license issuer provides confirmation of a valid license. 
Sec. 16.  37-B MRSA §850, as amended by PL 2001, c. 662, §98, is further 
amended to read: 
§850.  Search and rescue plan 
The Director of the Maine Emergency Management Agency director shall prepare 
compile a state search and rescue plan encompassing all activities including land, sea and 
air searches for persons, boats and airplanes.  In the preparation of this plan, the director 
shall review include such individual agency plans as currently exist, seek the advice and 
counsel of all currently designated federal and state search and rescue agencies and obtain 
their approval of the final compiled plan.  All other search and rescue agencies shall 
cooperate with the agency in preparation of this plan.  Responsibility for execution of the 
plan is with the individual state agencies that have responsibility for the area being 
searched or for lost or downed aircraft, as appropriate.  These agencies shall follow all the 
provisions of the approved plan. 
This plan must be reviewed and updated as necessary.  The director shall see that the 
plan and its revisions receive suitable dissemination on a timely basis.  Individual 
agencies shall submit revisions of their search and rescue plans to the director for 
comment and incorporation into the agency's statewide comprehensive emergency 
management plan for the State. 
Sec. 17.  37-B MRSA §§851 and 852 are enacted to read: 
§851.  Mass fatality plan 
The director, in consultation with the Office of the Chief Medical Examiner, shall 
prepare a plan for the recovery, identification and disposition of human remains in a 
disaster.  The Office of the Chief Medical Examiner is responsible for execution of the 
plan, and all members of the emergency management forces shall cooperate and assist the 
office in executing the plan. 
This plan must be reviewed and updated as necessary. The director shall see that the 
plan and its revisions receive suitable dissemination on a timely basis. 
§852.  Plans deemed part of statewide comprehensive plan 
An operational plan developed by an agency of the State that has jurisdiction over 
responding to an emergency is deemed to be part of the comprehensive emergency 
management plan for the State. 
Sec. 18.  37-B MRSA §1118, sub-§1, ¶¶B and C, as enacted by PL 2001, c. 
460, §3, are amended to read: 
B.  All other dams, at least once every 6 12 years; 
C.  Any dam, within 30 60 days of a request for an evaluation from the dam owner, 
the municipality in which the dam is located or the emergency management director 
of the county in which the dam is located; and 
Sec. 19.  37-B MRSA §1119, sub-§1, ¶¶A to C, as enacted by PL 2001, c. 460, 
§3, are amended to read: 
A.  All significant hazard potential dams, at least once every  4  6 years; 
B.  All high hazard potential dams, at least once every 2 6 years; 
C.  Any dam, within 30 60 days of a request for an inspection from the dam owner or 
the municipality in which the dam is located; and 
Sec. 20.  Maine Revised Statutes headnote amended; revision clause.  In 
the Maine Revised Statutes, Title 37-B, chapter 13, subchapter 5, in the subchapter 
headnote, the words "search and rescue" are amended to read "special operational plans" 
and the Revisor of Statutes shall implement this revision when updating, publishing or 
republishing the statutes. 
SUMMARY 
This bill: 
1.  Amends the Maine Emergency Management Act to include in its purposes 
coordination of homeland security; 
2.  Enacts definitions of "homeland security" and "terrorism"; 
3.  Adds to the duties of the Director of the Maine Emergency Management Agency 
certain planning and training and the maintenance of the State Emergency Operations 
Center.  It also requires that public education programs include information about 
prevention of emergency situations; 
4.  Designates the Commissioner of Defense, Veterans and Emergency Management 
as the Governor's homeland security advisor; 
5.  Changes the name of the Disaster Relief Fund to the Disaster Recovery Fund to 
more accurately reflect the fund's purpose to support long-term community disaster 
recovery; 
6.  Clarifies local and state emergency planning requirements and ensures current 
national standards are followed; 
7.  Provides that emergency management forces deployed under either the 
Emergency Management Assistance Compact and the International Emergency 
Management Assistance Compact are considered state employees for the purposes of 
immunity from liability and workers' compensation coverage.  It specifies that a person 
holding a valid professional license in the State may be designated a member of the 
emergency management forces in that profession after verification of current license; 
8.  Consolidates in one subchapter language governing situation-specific operational 
plans and adds general language governing any agency-specific emergency plans; 
9.  Changes the general dam hazard evaluation requirement from at least once every 6 
years to at least once every 12 years and changes the time frame for hazard evaluations 
from within 30 days of a request to within 60 days of a request; and 
10.  Changes the dam condition inspection frequency of high and significant hazard 
dams from at least once every 4 years to at least once every 6 years.