An Act To Provide Assistance to Municipalities Recovering from a Municipally Significant Disaster
Maine Legislature, Session 126, LD 0122
Committee: Veterans and Legal Affairs
Sponsors: TURNER, THOMAS, BOLAND, COTTA, GIFFORD, GRAHAM, MAKER, MORRISON, NELSON, STANLEY
Amends: 37-B MRSA §703, 37-B MRSA §742, 37-B MRSA §744

Legislative Document 
No. 122 
H.P. 104 
House of Representatives, January 29, 2013 
An Act To Provide Assistance to Municipalities Recovering from a 
Municipally Significant Disaster 
Reference to the Committee on Veterans and Legal Affairs suggested and ordered printed. 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative TURNER of Burlington. 
Cosponsored by Senator THOMAS of Somerset and 
Representatives: BOLAND of Sanford, COTTA of China, GIFFORD of Lincoln, GRAHAM 
of North Yarmouth, MAKER of Calais, MORRISON of South Portland, NELSON of 
Falmouth, STANLEY of Medway. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  37-B MRSA §703, sub-§3-B is enacted to read: 
3-B.  Municipally significant disaster.  "Municipally significant disaster" means a 
disaster that is limited in impact to one or several municipalities in a concentrated region 
and that causes damages to municipally maintained roads, bridges and other public 
facilities, the repair of which in at least one of the affected municipalities is reasonably 
determined to cost 20% or more of that municipality's total annual operating budget, 
exclusive of the education budget. 
Sec. 2.  37-B MRSA §742, sub-§4 is enacted to read: 
4.  Municipally significant disaster proclamation.  In addition to the procedures 
provided under subsection 1, if a municipally significant disaster occurs, the Governor 
may issue a proclamation of that event.  The Department of Administrative and Financial 
Services, Bureau of General Services and the Department of Transportation shall work 
with an affected municipality to determine the cost of the damages in the municipality 
and provide a copy of the findings to the Governor for consideration. 
Sec. 3.  37-B MRSA §744, sub-§2-A, ¶C is enacted to read: 
C.  If the Governor declares that a municipally significant disaster exists pursuant to 
section 742, subsection 4, the Governor may enter into an agreement with the 
municipal officers of a municipality where damages meet the 20% threshold 
established in section 703, subsection 3-B, subject to approval by the municipality's 
legislative body, that obligates municipal financial resources up to, but not in excess 
of, 50% of the estimated total cost of damages to municipally maintained roads, 
bridges and other public facilities and obligates state financial resources for the 
remainder of the estimated total cost. 
The Governor may enter into an agreement with the municipal officers in a 
municipality abutting a municipality affected by a municipally significant disaster, 
where damages do not meet the 20% threshold established in section 703, subsection 
3-B, obligating negotiated percentages for municipal and state financial resources for 
damages to municipally maintained roads, bridges and other public facilities.  Any 
negotiated agreement is subject to the approval of that municipality's legislative body. 
The estimated total cost of the damages must be determined and agreed to by officials 
in the Department of Administrative and Financial Services, Bureau of General 
Services and the Department of Transportation and the municipal officers in the 
municipality with which an agreement is entered into under this paragraph. 
SUMMARY 
This bill authorizes the Governor to declare a municipally significant disaster in cases 
where a disaster causes damages to locally maintained roads, bridges and other public 
facilities, the repair of which exceeds 20% of the affected municipality's total annual 
operating budget, excepting the education budget.  The municipal officers in the affected 
municipality must work with the Department of Transportation and the Department of 
Administrative and Financial Services, Bureau of General Services to agree on an 
estimate of the total cost of the damages.  The Governor may enter into a cost-sharing 
agreement with the municipal officers, subject to approval by the local legislative body, 
obligating the municipality to pay up to 50% of the cost of repairs.  The bill further 
authorizes the Governor to enter into a cost-sharing agreement with a municipality that is 
affected by an event occurring in an abutting municipality.  This negotiated share is also 
subject to approval by the local legislative body.  In both cases, the State's share of the 
authorized expenditures is funded through the existing Disaster Relief Fund.