An Act To Establish the Maine Coastal Risks and Hazards Commission
Maine Legislature, Session 128, LD 1095
Committee: Environment and Natural Resources
Sponsors: BLUME, DEVIN, FAY, FOLEY, GILLWAY, HYMANSON, LAWRENCE, RYKERSON, VITELLI
Amends: 5 MRSA §12004-I, 38 MRSA §1805

Legislative Document
No. 1095
H.P. 769
House of Representatives, March 21, 2017
An Act To Establish the Maine Coastal Risks and Hazards 
Commission
Reference to the Committee on Environment and Natural Resources suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Representative BLUME of York.
Cosponsored by Representatives: CASÁS of Rockport, DEVIN of Newcastle, FAY of 
Raymond, FOLEY of Wells, GILLWAY of Searsport, HYMANSON of York, LAWRENCE 
of South Berwick, RYKERSON of Kittery, Senator: VITELLI of Sagadahoc.
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  5 MRSA §12004-I, sub-§24-G is enacted to read: 
24-G.   
Sec. 2.  38 MRSA §1805 is enacted to read: 
§1805.  Maine Coastal Risks and Hazards Commission 
1.  Establishment and purpose.  The Maine Coastal Risks and Hazards 
Commission, referred to in this section as "the commission," established by Title 5, 
section 12004-I, subsection 24-G, is created for the purpose of developing and 
recommending legislation, rules and other actions to address and prepare for coastal and 
coastal watershed hazards identified by the commission, including, but not limited to, 
increased storm surges, extreme precipitation and other extreme weather events, projected 
sea level rise and increased river flooding and storm water runoff and the risks such 
hazards pose to municipalities and state assets. 
2.  Membership.  The commission consists of the following 36 members: 
A.  Two members of the Senate, appointed by the President of the Senate; 
B.  Two members of the House of Representatives, appointed by the Speaker of the 
House of Representatives; 
C.  The Commissioner of Economic and Community Development or the 
commissioner's designee; 
D.  The Commissioner of Environmental Protection or the commissioner's designee; 
E.  The Commissioner of Inland Fisheries and Wildlife or the commissioner's 
designee; 
F.  The Commissioner of Transportation or the commissioner's designee; 
G.  The Director of the Bureau of General Services within the Department of 
Administrative and Financial Services or the director's designee; 
H.  The Director of the Bureau of Parks and Lands within the Department of 
Agriculture, Conservation and Forestry or the director's designee; 
I.  The Director of the Maine Coastal Program within the Department of Agriculture, 
Conservation and Forestry, Bureau of Resource Information and Land Use Planning, 
Division of Geology, Natural Areas and Coastal Resources or the director's designee; 
J.  The Executive Director of the Maine Land Use Planning Commission within the 
Department of Agriculture, Conservation and Forestry or the executive director's 
designee; 
Environment: 
Natural Resources 
Maine Coastal Risks 
and Hazards 
Commission 
Legislative Per 
Diem and Expenses 
MRSA §1805 
K.  The Director of the Maine Emergency Management Agency within the 
Department of Defense, Veterans and Emergency Management or the director's 
designee; 
L.  The Director of the University of Maine System's sea grant college program or the 
director's designee; 
M.  A representative of a greater Portland council of governments, appointed by the 
Speaker of the House of Representatives upon the recommendation of the council; 
N.  A representative of the Hancock County planning commission, appointed by the 
President of the Senate upon the recommendation of the commission; 
O.  A representative of the Lincoln County regional planning commission, appointed 
by the Speaker of the House of Representatives upon the recommendation of the 
commission; 
P.  A representative of a midcoast council of governments, appointed by the President 
of the Senate upon the recommendation of the council; 
Q.  A representative of a midcoast regional planning commission, appointed by the 
Speaker of the House of Representatives upon the recommendation of the 
commission; 
R.  A representative of a southern Maine planning and development commission, 
appointed by the President of the Senate upon the recommendation of the 
commission; 
S.  A representative of a Washington County council of governments, appointed by 
the Speaker of the House of Representatives upon the recommendation of the 
council; 
T.  The following 8 individuals, appointed by the President of the Senate: 
(1)  A representative of an organization that represents the interests of the lobster 
fishery in the State; 
(2)  A representative of an organization that represents the interests of the ocean 
fishery in the State; 
(3)  A representative of an organization that represents the interests of 
municipalities in the State; 
(4)  A representative of an organization that represents the interests of the tourism 
industry in the State; and 
(5)  Four representatives of municipalities located within each of the following 
counties:  Sagadahoc, Waldo, Washington and York; and 
U.  The following 7 individuals, appointed by the Speaker of the House of 
Representatives: 
(1)  A representative of an organization that represents the interests of the 
shellfish fishery in the State; 
(2)  A representative of an organization that represents the interests of the 
aquaculture industry in the State; 
(3)  A representative of an organization that represents the interests of the real 
estate industry in the State; and 
(4)  Four representatives of municipalities located within each of the following 
counties:  Cumberland, Knox, Hancock and Lincoln. 
3.  Chairs.  The first member appointed to the commission under subsection 2, 
paragraph A is the Senate chair.  The first member appointed to the commission under 
subsection 2, paragraph B is the House chair. 
4.  Staff assistance.  Within the limits of its budget, the commission is authorized to 
contract with and employ staff members to assist the commission in carrying out its 
duties. 
5.  Quorum.  For purposes of holding a meeting, a quorum is a simple majority of all 
members appointed to the commission under subsection 2.  A quorum must be present to 
start a meeting or to vote but not to continue or adjourn a meeting. 
6.  Terms; vacancies.  Members of the commission serve for a term of 2 years and 
may be reappointed.  A vacancy must be filled in the same manner as the original 
appointment.  Members may continue to serve until their replacements are designated.  A 
member may designate an alternate to serve on a temporary basis. 
7.  Consultation.  Whenever the commission considers it appropriate, the 
commission may seek the advice of experts in fields related to its duties. 
8.  Powers and duties.  The commission: 
A.  Shall meet at least 4 times annually.  The first meeting of the commission must be 
held no later than 45 days after the effective date of this section; 
B.  Shall review, compile and analyze scientific and other reports and publications 
relating to coastal and coastal watershed hazards, including, but not limited to, 
increased storm surges, extreme precipitation and other extreme weather events, 
projected sea level rise and increased river flooding and storm water runoff.  The 
commission shall make available on a publicly accessible website all publications and 
information reviewed or compiled for review by the commission; 
C.  Shall review United States Department of Commerce, National Oceanic and 
Atmospheric Administration and other scientific agency projections of coastal storm 
inundation and flood risk to determine the appropriate information, data and property 
risks to be considered by the commission in developing a unified plan and 
recommendations for action under paragraphs D and E; 
D.  Shall develop a unified plan to address and prepare for current and projected 
future risks posed by coastal and coastal watershed hazards identified by the 
commission; and 
E.  Shall make findings and develop recommended legislation, rules and other actions 
in accordance with the unified plan developed under paragraph D to address and 
prepare for coastal and coastal watershed hazards identified by the commission. 
9.  Report and recommendations.  On or before November 1, 2019, and every 5 
years thereafter, the commission shall submit a report to the joint standing committee of 
the Legislature having jurisdiction over environmental and natural resources matters 
containing its findings and recommendations, including draft legislation, regarding 
actions to be taken by the State to address and prepare for coastal and coastal watershed 
hazards identified by the commission. 
10.  Reimbursement of expenses.  The members of the commission are 
compensated according to the provisions of Title 5, section 12004-I, subsection 24-G. 
11.  Accounting; outside funding.  All funds appropriated, allocated or otherwise 
provided to the commission must be deposited in an account separate from all other funds 
of the Legislature and are nonlapsing.  Funds in the account may be used only for the 
purposes of the commission.  The commission may seek and accept outside funding, and 
any outside funds accepted must be forwarded to the Executive Director of the 
Legislative Council along with an accounting that includes the amount received, the date 
that amount was received, from whom that amount was received, the purpose of the 
donation and any limitation on use of the funds.  The executive director shall administer 
all funds received in accordance with this subsection.  At the beginning of each fiscal 
year, and at any other time at the request of the cochairs of the commission, the executive 
director shall provide to the commission an accounting of all funds available to the 
commission, including funds available for staff support. 
SUMMARY 
This bill establishes the Maine Coastal Risks and Hazards Commission, the purpose 
of which is to make findings and develop and submit to the Legislature recommendations 
regarding the actions to be taken by the State to address and prepare for coastal and 
coastal watershed hazards identified by the commission, including, but not limited to, 
increased storm surges, extreme precipitation and other extreme weather events, projected 
sea level rise and increased river flooding and storm water runoff.  On or before 
November 1, 2019, and every 5 years thereafter, the commission must submit a report to 
the joint standing committee of the Legislature having jurisdiction over environmental 
and natural resources matters containing its findings and recommendations, including any 
draft legislation to address identified coastal and coastal watershed hazards.