An Act To Establish the Maine Coastal Risks and Hazards Commission
Maine Legislature, Session 129, LD 0565
Committee: Environment and Natural Resources
Sponsors: BLUME, BREEN, BAILEY, COOPER, DODGE, HOBBS, HYMANSON, JORGENSEN
Amends: 5 MRSA §12004-I, 38 MRSA §1805

Legislative Document
No. 565
H.P. 409
House of Representatives, February 5, 2019
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 Senator BREEN of Cumberland and
Representatives: BAILEY of Saco, COOPER of Yarmouth, DODGE of Belfast, HOBBS of 
Wells, HYMANSON of York, JORGENSEN of Portland, McCREIGHT of Harpswell.
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 objectives, strategies, legislation and rules and recommending 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, the coastal 
economy and state assets.
2.  Membership.  The commission consists of the following 21 members:
A.  One member 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 Environmental Protection or the commissioner's designee;
D.  The Commissioner of Transportation or the commissioner's designee;
E.  The Director of the Bureau of Resource Information and Land Use Planning 
within the Department of Agriculture, Conservation and Forestry or the director's 
designee;
F.  The director of the Maine coastal zone management program within the 
Department of Marine Resources or the director's designee;
G.  A representative of a greater Portland council of governments, appointed by the 
Speaker of the House of Representatives upon the recommendation of the council;
H.  A representative of a Hancock County planning commission, appointed by the 
President of the Senate upon the recommendation of the planning commission;
I.  A representative of a Lincoln County regional planning commission, appointed by 
the Speaker of the House of Representatives upon the recommendation of the 
planning commission;
Environment: 
Natural Resources
Maine Coastal Risks 
and Hazards 
Commission
Legislative Per 
Diem and Expenses 
for Legislators and 
Expenses Only for 
Certain Members
MRSA §1805
J.  A representative of a southern Maine planning and development commission, 
appointed by the Speaker of the House of Representatives upon the recommendation 
of the planning and development commission;
K.  A representative of a Washington County council of governments, appointed by 
the President of the Senate upon the recommendation of the council;
L.  The following 5 individuals, appointed by the President of the Senate:
(1)  A representative of an organization that represents the interests of 
municipalities in the State;
(2)  A representative of an organization that represents the interests of the tourism 
or recreational industry in the State;
(3)  A representative of a statewide organization that promotes professional 
environmental management practices to protect and improve the waters and 
related environments in the State;
(4)  A representative of an organization that represents the interests of a marine-
based industry in the State; and
(5)  A member of the public with demonstrated expertise in the matters to be 
addressed by the commission; and
M.  The following 4 individuals, appointed by the Speaker of the House of 
Representatives:
(1)  A representative of an organization that represents the interests of the real 
estate industry in the State;
(2)  A representative of an organization that represents the interests of a working 
waterfront or fisheries-based industry in the State;
(3)  A member of the public with demonstrated expertise and credentials in 
marine-based policy; and
(4)  A member of the public with demonstrated expertise in the matters to be 
addressed by the commission.
3.  Chairs.  At the first meeting of the commission, the commission shall select a 
chair from among its members and may select a new chair annually.
4.  Staffing.  The Legislative Council shall provide staff support for the operation of 
the commission, except that Legislative Council staff support is not authorized when the 
Legislature is in regular or special session.  In addition, the commission may contract for 
administrative, professional and clerical services if funding permits.
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 shall:
A.  Meet at least 4 times annually.  The Executive Director of the Legislative Council 
shall call the first meeting of the commission as soon as funding permits and all 
appointments have been made;
B.  Review the best available science relating to current and future 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.  Identify coastal assets that are vulnerable to current and future coastal and coastal 
watershed hazards and determine the risks to be considered by the commission in 
developing a set of objectives and recommendations for action under paragraphs D 
and E;
D.  Develop or identify a set of objectives, actionable strategies and best practices to 
protect, adapt and sustain coastal assets that are vulnerable to current and future 
coastal and coastal watershed hazards identified by the commission; and
E.  Develop recommended legislation, rules and other actions in accordance with the 
set of objectives, strategies and best practices developed or identified under 
paragraph D to reduce the vulnerability of coastal assets and to adapt to current and 
future coastal and coastal watershed hazards identified by the commission.
9.  Report and recommendations.  On or before November 1, 2022, and every 4 
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 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.  Compensation.  Legislative members of the commission are entitled to receive 
the legislative per diem, as defined in Title 3, section 2, and reimbursement for travel and 
other necessary expenses for their attendance at authorized meetings of the commission.  
Public members not otherwise compensated by their employers or other entities that they 
represent are entitled to receive reimbursement of necessary expenses and, upon a 
determination of financial hardship, a per diem equal to the legislative per diem for their 
attendance at authorized meetings of the commission.
11.  Outside funding.  The commission may seek outside funding to fund the cost of 
public hearings, conferences, workshops, other meetings and other activities of the 
commission.  All contributions are subject to approval by the Legislative Council in 
accordance with its policies.  All funds accepted must be forwarded to the Executive 
Director of the Legislative Council along with an accounting record that includes the 
amount of funds, the date the funds were received, from whom the funds were received 
and the purpose of and any limitation on the use of those funds.  The executive director 
shall administer any funds received by the commission and accepted as approved by the 
Legislative Council.
SUMMARY
This bill establishes the Maine Coastal Risks and Hazards Commission, the purpose 
of which is to develop and submit legislative 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, 2022, and 
every 4 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 recommendations, including any draft legislation, to 
address and prepare for identified coastal and coastal watershed hazards.