An Act To Reduce the Membership of the Clean-up and Response Fund Review Board
Maine Legislature, Session 129, LD 1776
Committee: Environment and Natural Resources
Sponsors: FOLEY
Amends: 38 MRSA §568-B

Legislative Document
No. 1776
S.P. 600
In Senate, May 23, 2019
An Act To Reduce the Membership of the Clean-up and Response 
Fund Review Board
Submitted by the Department of Environmental Protection pursuant to Joint Rule 204.
Reference to the Committee on Environment and Natural Resources suggested and ordered 
printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator FOLEY of York.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  38 MRSA §568-B, sub-§1, as amended by PL 2015, c. 319, §30, is 
further amended to read:
1.  Clean-up and Response Fund Review Board.  The Clean-up and Response Fund 
Review Board, as established by Title 5, section 12004-G, subsection 11-A, is created to 
hear and decide appeals from insurance claims-related decisions under section 568-A and 
monitor income and disbursements from the fund under section 551.  The review board 
consists of 14 9 members appointed for 3-year terms as follows:
A.  Two persons One person representing the petroleum industry, appointed by the 
Governor, one of whom who is a representative of a statewide association of energy 
dealers;
A-1.  Two persons One person, appointed by the Governor President of the Senate, 
who have has expertise in oil storage facility design and installation, oil spill 
remediation or environmental engineering;
B.  Four Two members of the public appointed by the Governor.  Of the 4 members, 
who must have expertise in biological science, earth science, engineering, insurance 
or law.  The 4 members and may not be employed in or have a direct and substantial 
financial interest in the petroleum industry;
C.  The commissioner or the commissioner's designee; 
D.  The State Fire Marshal or the fire marshal's designee;
E.  One member representing marine fisheries interests appointed by the President of 
the Senate;
F.  One member familiar with oil spill technology appointed by the Speaker of the 
House of Representatives;
G.  One member with expertise in coastal geology, fisheries biology, marine fisheries 
or coastal wildlife habitat appointed by the President of the Senate; and
H.   One member who is a licensed state pilot or a licensed merchant marine officer 
appointed by the Speaker of the House of Representatives.
Members other than those described in paragraphs C and D are entitled to reimbursement 
for direct expenses of attendance at meetings of the review board or the appeals panel.
Sec. 2.  38 MRSA §568-B, sub-§2-A, as amended by PL 2015, c. 319, §30, is 
further amended to read:
2-A.  Meetings.  The Clean-up and Response Fund Review Board shall meet 6 4 
times per year unless the review board votes not to hold a meeting.  Action may not be 
taken unless a quorum is present.  A quorum is 8 a majority of the seated members.
Sec. 3.  38 MRSA §568-B, sub-§2-C, as amended by PL 2015, c. 319, §30, is 
further amended to read:
2-C.  Appeals to review board.  An applicant aggrieved by an insurance claims-
related decision under section 568-A, including but not limited to decisions on eligibility 
for coverage, eligibility of costs and waiver and amount of deductible, may appeal that 
decision to the Clean-up and Response Fund Review Board.  The appeals panel is 
composed of the public members member appointed under subsection 1, paragraph B 
A-1, the 2 members appointed under subsection 1, paragraph B, the member appointed 
under subsection 1, paragraph G and the member appointed under subsection 1, 
paragraph H.  The appeals panel shall hear and decide the appeal.  Action may not be 
taken by the appeals panel unless a quorum is present.  A quorum is a majority of the 
seated appeals panel members.  Except as provided in review board rules, the appeal must 
be filed within 30 days after the applicant receives the decision made under section 
568-A.  The appeals panel must hear an appeal at its next meeting following receipt of the 
appeal unless the appeal petition is received less than 30 days before the meeting or 
unless the appeals panel and the aggrieved applicant agree to meet at a different time.  If 
the appeals panel overturns the decision made under section 568-A, reasonable costs, 
including reasonable attorney's fees, incurred by the aggrieved applicant in pursuing the 
appeal to the review board must be paid from the fund.  Reasonable attorney's fees 
include only those fees incurred from the time of an insurance claims-related decision 
forward.  Decisions of the appeals panel are subject to judicial review pursuant to Title 5, 
chapter 375, subchapter 7.
Sec. 4.  Transition.  Notwithstanding the Maine Revised Statutes, Title 38, section 
568-B, appointed members of the Clean-up and Response Fund Review Board serving on 
the effective date of this Act may serve for the remainder of their terms.
SUMMARY
This bill reduces the membership of the Clean-up and Response Fund Review Board 
from 14 to 9 members and amends quorum requirements and the membership of the 
board's appeals panel.