reglab/statecodes huggingface dataset:
2023 Maine Revised Statutes › TITLE 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT › Chapter 13: MAINE EMERGENCY MANAGEMENT AGENCY › Subchapter 3-A: COORDINATION AND ADMINISTRATION OF THE SUPERFUND AMENDMENTS AND REAUTHORIZATION ACT OF 1986 › 37-B §796. Material safety data sheets

§796. Material safety data sheets
1.  Data sheets.
Any person who owns or operates a facility and is required to prepare or have available a material safety data sheet for a hazardous chemical under the United States Occupational Safety and Health Act of 1970, Public Law 91-596, as amended, and regulations promulgated under it shall submit to the local emergency planning committee of the emergency planning district in which the facility is located, the commission and the fire department having jurisdiction over the facility, either data sheets or lists for which data sheets are available of the hazardous chemicals and extremely hazardous substances that are stored at the facility in an amount that exceeds the threshold planning quantity for those chemicals or substances. The hazardous chemicals and extremely hazardous substances shall be grouped together on any such data sheets by the categories of health and physical hazards. The data sheets shall include, without limitation, all criteria set forth in 29 Code of Federal Regulations, Section 1910.1200.
[PL 1989, c. 464, §3 (NEW).]
2.  Content of lists.
The list of chemicals referred to in subsection 1 must include each of the following:
A. A list of hazardous chemicals for which material safety data sheets are required under subsection 1 grouped in categories of health and physical hazards;   [PL 1989, c. 464, §3 (NEW).]
B. The chemical name or the common name of each such chemical as provided on the material safety data sheet; and   [PL 1989, c. 464, §3 (NEW).]
C. Any hazardous component of each such chemical as provided on the material safety data sheet.   [PL 1989, c. 464, §3 (NEW).]
[PL 1989, c. 464, §3 (NEW).]
3.  Revised data sheets.
Within 3 months after the discovery of new information about a hazardous chemical or extremely hazardous substance identified in the data sheet required by subsection 1 or within 3 months after obtaining a hazardous chemical or extremely hazardous substance for which reporting is required by subsection 1, the owner or operator of a facility shall prepare and submit a revised data sheet or a revised list of chemicals for which data sheets are available that meets the requirements of subsection 1 and contains the new information to the local emergency planning committee, the commission, and the fire department having jurisdiction over the facility.
[PL 2023, c. 405, Pt. A, §131 (AMD).]
SECTION HISTORY
PL 1989, c. 464, §3 (NEW). PL 2023, c. 405, Pt. A, §131 (AMD).
2023 Maine Revised Statutes › TITLE 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT › Chapter 13: MAINE EMERGENCY MANAGEMENT AGENCY › Subchapter 3-A: COORDINATION AND ADMINISTRATION OF THE SUPERFUND AMENDMENTS AND REAUTHORIZATION ACT OF 1986 › 37-B §797. Maine chemical inventory report

§797. Maine chemical inventory report
A person required to submit a facility emergency response plan, material safety data sheet or list of hazardous chemicals and extremely hazardous substances must submit a Maine chemical inventory report to the commission, the local emergency planning committee and the local fire department with jurisdiction over the facility. The inventory report and fee must be submitted by March 1st annually for the previous calendar year. Information on the inventory of extremely hazardous substances and hazardous chemicals for the previous calendar year is required in the report. This report must state, at a minimum:   [PL 2009, c. 479, §1 (AMD).]
1.  Chemical name.
The chemical name of each substance listed;
[PL 1989, c. 464, §3 (NEW).]
2.  Maximum weight.
The maximum number of pounds of each substance present at any time during the preceding year;
[PL 1989, c. 464, §3 (NEW).]
3.  Average amount.
The average daily amount of each substance present during the preceding year;
[PL 1989, c. 464, §3 (NEW).]
4.  Chemical storage.
A brief description of the manner of the chemical's storage;
[PL 1989, c. 464, §3 (NEW).]
5.  Chemical location.
The chemical's location at the facility;
[PL 1989, c. 464, §3 (NEW).]
6.  Information withholding.
An indication if the person is electing to withhold information from disclosure under section 800; and
[PL 2009, c. 579, Pt. B, §1 (AMD); PL 2009, c. 579, Pt. B, §13 (AFF).]
7.  Transportation.
A description of the manner in which the substance is shipped to the facility, including standard and alternate transportation routes taken through the State from point of origin or entry to the facility. Records held by the commission regarding standard and alternate transportation routes are confidential records for the purposes of Title 1, chapter 13, subchapter 1. The commission may provide those records to state, county or local emergency management agencies or public officials, as the commission determines necessary, but shall require those agencies or officials to hold those records as confidential.
[PL 2009, c. 579, Pt. B, §2 (AMD); PL 2009, c. 579, Pt. B, §13 (AFF).]
8.  Progress toward toxics use reduction goals.
[PL 2009, c. 579, Pt. B, §3 (RP); PL 2009, c. 579, Pt. B, §13 (AFF).]
SECTION HISTORY
PL 1989, c. 464, §3 (NEW). PL 1989, c. 929, §§2,3 (AMD). PL 1993, c. 355, §1 (AMD). PL 1995, c. 411, §1 (AMD). PL 2001, c. 533, §1 (AMD). PL 2009, c. 252, §5 (AMD). PL 2009, c. 479, §1 (AMD). PL 2009, c. 579, Pt. B, §§1-3 (AMD). PL 2009, c. 579, Pt. B, §13 (AFF).
2023 Maine Revised Statutes › TITLE 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT › Chapter 13: MAINE EMERGENCY MANAGEMENT AGENCY › Subchapter 3-A: COORDINATION AND ADMINISTRATION OF THE SUPERFUND AMENDMENTS AND REAUTHORIZATION ACT OF 1986 › 37-B §798. Emergency notification

§798. Emergency notification
1.  Immediate notification.
In the event of an unlicensed release from any facility where a CERCLA hazardous substance or an extremely hazardous substance is produced, used or stored that requires reporting under the United States Comprehensive Environmental Response, Compensation, and Liability Act of 1980, Section 103(a) or the federal Superfund Amendments and Reauthorization Act of 1986, Title III, Section 304(a), the owner or operator of the facility at which the release occurs must immediately contact the local fire department with jurisdiction over the site, the State Police as the designated agent for the commission and the community emergency coordinator. This oral notification must contain, to the extent known at the time of notice and so long as no delay in responding to the emergency results, information included in the Maine Emergency Management Agency's AR-1 form including:
A. The specific location of the release;   [PL 1989, c. 464, §3 (NEW).]
B. Identification of the chemical released and the estimated quantity released;   [PL 1989, c. 464, §3 (NEW).]
C. The time and duration of the release;   [PL 1989, c. 464, §3 (NEW).]
D. The environmental media into which the chemical was released;   [PL 1989, c. 464, §3 (NEW).]
E. Any known or anticipated acute or chronic health risks;   [PL 1989, c. 464, §3 (NEW).]
F. Any precautions that should be taken, including evacuation or medical surveillance; and   [PL 1989, c. 464, §3 (NEW).]
G. The names and telephone numbers of parties to be contacted for further information.   [PL 1989, c. 464, §3 (NEW).]
[RR 2021, c. 1, Pt. A, §50 (COR).]
2.  Transportation releases.
For releases of substances covered under this subchapter during transportation, the responsible party must contact the State Police.
[PL 1989, c. 464, §3 (NEW).]
3.  Follow-up report.
Within 14 days of the release, the owner or operator must file with the commission and committee a follow-up emergency notice, which details all of the information in subsection 1, along with:
A. Actions taken to respond to and contain the release;   [PL 1989, c. 464, §3 (NEW).]
B. The cause of the release and the events leading to it;   [PL 1989, c. 464, §3 (NEW).]
C. The known or anticipated health risks of the release and any medical attention needs of exposed persons; and   [PL 1989, c. 464, §3 (NEW).]
D. The measures taken or to be taken to avoid recurrence.   [PL 1989, c. 464, §3 (NEW).]
[PL 1989, c. 464, §3 (NEW).]
SECTION HISTORY
PL 1989, c. 464, §3 (NEW). RR 2021, c. 1, Pt. A, §50 (COR).
2023 Maine Revised Statutes › TITLE 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT › Chapter 13: MAINE EMERGENCY MANAGEMENT AGENCY › Subchapter 3-A: COORDINATION AND ADMINISTRATION OF THE SUPERFUND AMENDMENTS AND REAUTHORIZATION ACT OF 1986 › 37-B §799. Toxic chemical release reports

§799. Toxic chemical release reports
Under this section, the owner or operator of every facility with 10 or more employees and within Standard Industrial Classification Codes 20-39 must file toxic chemical release reports for routine releases with the United States Environmental Protection Agency, the Department of Environmental Protection, the commission and the local emergency planning committee by October 1, 1989 and annually thereafter consistent with the Superfund Amendments and Reauthorization Act of 1986, Public Law 99-499, Title III, Section 313, and 40 Code of Federal Regulations, Part 372. Those reports must be made available to the public by the commission and the local emergency planning committee.   [PL 2009, c. 579, Pt. B, §4 (AMD); PL 2009, c. 579, Pt. B, §13 (AFF).]
SECTION HISTORY
PL 1989, c. 464, §3 (NEW). PL 1989, c. 929, §4 (AMD). PL 1993, c. 355, §2 (AMD). PL 2009, c. 252, §6 (AMD). PL 2009, c. 579, Pt. B, §4 (AMD). PL 2009, c. 579, Pt. B, §13 (AFF).
2023 Maine Revised Statutes › TITLE 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT › Chapter 13: MAINE EMERGENCY MANAGEMENT AGENCY › Subchapter 3-A: COORDINATION AND ADMINISTRATION OF THE SUPERFUND AMENDMENTS AND REAUTHORIZATION ACT OF 1986 › 37-B §800. Trade secrets

§800. Trade secrets
1.  Withholding information.
Information that constitutes a trade secret may be withheld from the local emergency planning committee or fire department, and specific chemical names and identifications may be withheld in accordance with this subchapter if:
A. The information has not been disclosed to any other person except the commission, the local emergency planning committee, a public official or a person bound by confidentiality agreement, and reasonable measures have been taken to protect confidentiality;   [PL 1989, c. 464, §3 (NEW).]
B. The information is not required to be disclosed by law;   [PL 1989, c. 464, §3 (NEW).]
C. Disclosure is likely to cause harm to the business's competitive position; and   [PL 1989, c. 464, §3 (NEW).]
D. The chemical identity in question is not readily discoverable through reverse engineering.   [PL 1989, c. 464, §3 (NEW).]
[PL 1989, c. 464, §3 (NEW).]
2.  Substitute information.
If trade secrecy is claimed, the owner or operator of the facility shall substitute on the relevant forms:
A. The generic class of the material;   [PL 1989, c. 464, §3 (NEW).]
B. Sufficient information so that emergency responders will not be hampered; and   [PL 1989, c. 464, §3 (NEW).]
C. Identification of potential adverse health effects posed by the hazardous chemical or extremely hazardous substance.   [PL 1989, c. 464, §3 (NEW).]
[PL 1989, c. 464, §3 (NEW).]
3.  Exception.
Trade secrecy cannot be claimed if:
A. The commission and the United States Environmental Protection Agency so rule;   [PL 1989, c. 464, §3 (NEW).]
B. Notification is required by a release; or   [PL 1989, c. 464, §3 (NEW).]
C. In the event of a life threatening situation, the information is requested by the State Toxicologist or a health professional treating a victim of exposure to the chemical.   [PL 1989, c. 464, §3 (NEW).]
[PL 1989, c. 464, §3 (NEW).]
SECTION HISTORY
PL 1989, c. 464, §3 (NEW).
2023 Maine Revised Statutes › TITLE 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT › Chapter 13: MAINE EMERGENCY MANAGEMENT AGENCY › Subchapter 3-A: COORDINATION AND ADMINISTRATION OF THE SUPERFUND AMENDMENTS AND REAUTHORIZATION ACT OF 1986 › 37-B §801. Fees

§801. Fees
1.  Fees required.
The operators of any facility that is required to report to the State Emergency Response Commission under the Superfund Amendments and Reauthorization Act of 1986, Public Law 99-499, Title III, Sections 311, 312 and 313, are subject to the fees adopted pursuant to subsection 2. All fees collected pursuant to this section shall be deposited in the Emergency Response Commission Fund.
[PL 1989, c. 464, §3 (NEW).]
2.  Fees established.
The director, with the advice of the commission and subject to the Maine Administrative Procedure Act, shall promulgate rules to establish a fee schedule for:
A. Registering facilities, not to exceed $100 per facility; and   [PL 2023, c. 62, §8 (AMD).]
B. Reporting hazardous materials, on a weight basis per chemical.   [PL 1989, c. 464, §3 (NEW).]
[PL 2023, c. 62, §8 (AMD).]
3.  Fee caps.
Facility owners and operators shall be subject to maximum fees of $5,000 per facility for reporting hazardous materials under this section.
[PL 1989, c. 464, §3 (NEW).]
4.  Fee exemptions.
The following operators are exempt from the following requirements under this section.
A. Retail marketers of petroleum products with a storage capacity of 75,000 pounds or less per product shall be exempt from the reporting fee.   [PL 1989, c. 464, §3 (NEW).]
B. Owners and operators of commercial agricultural operations are exempt from the fee requirements under this section for registering agricultural facilities and for hazardous materials used in the commercial production of agricultural products as defined in Title 7, section 152, subsection 2. Agricultural product processing facilities are not exempt from the fee requirements. For the purposes of this section, "processing" does not include the packaging of raw commodities or agricultural products for resale.   [PL 2007, c. 649, §9 (AMD).]
C. Public schools are exempt from registration fees and inventory fees imposed pursuant to this section prior to March 1, 1994 for underground storage tanks. This paragraph does not exempt a public school from registration or inventory requirements other than the payment of fees prior to March 1, 1994 for underground storage tanks.   [PL 1993, c. 571, §1 (NEW).]
[PL 2007, c. 649, §9 (AMD).]
SECTION HISTORY
PL 1989, c. 464, §3 (NEW). PL 1993, c. 571, §1 (AMD). PL 2007, c. 649, §9 (AMD). RR 2015, c. 1, §43 (COR). PL 2023, c. 62, §8 (AMD).
2023 Maine Revised Statutes › TITLE 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT › Chapter 13: MAINE EMERGENCY MANAGEMENT AGENCY › Subchapter 3-A: COORDINATION AND ADMINISTRATION OF THE SUPERFUND AMENDMENTS AND REAUTHORIZATION ACT OF 1986 › 37-B §802. Emergency Response Commission Fund

§802. Emergency Response Commission Fund
The Emergency Response Commission Fund is established to be used by the agency as a nonlapsing fund for carrying out the purposes of this subchapter. All fees collected under this subchapter shall be credited to this fund. All fines or penalties assessed pursuant to section 806 shall be credited to this fund.   [PL 1989, c. 464, §3 (NEW).]
1.  Disbursements allowed.
The agency, with the advice of the commission, shall make disbursements from the fund for the following purposes:
A. To employ personnel within the agency to manage and coordinate data collected pursuant to this subchapter;   [PL 1989, c. 464, §3 (NEW).]
B. To fund county training programs for local emergency planning committees;   [PL 1989, c. 464, §3 (NEW).]
C. To provide training grants;   [PL 2013, c. 462, §11 (AMD).]
D. To provide for the resource needs of the local emergency planning committees ; and   [PL 2013, c. 462, §11 (AMD).]
E. To provide for the procurement and maintenance of hazardous materials incident response equipment and related consumable supplies. Disbursements for this purpose must be approved by the commission.   [PL 2013, c. 462, §12 (NEW).]
[PL 2013, c. 462, §§11, 12 (AMD).]
SECTION HISTORY
PL 1989, c. 464, §3 (NEW). PL 2013, c. 462, §§11, 12 (AMD).
2023 Maine Revised Statutes › TITLE 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT › Chapter 13: MAINE EMERGENCY MANAGEMENT AGENCY › Subchapter 3-A: COORDINATION AND ADMINISTRATION OF THE SUPERFUND AMENDMENTS AND REAUTHORIZATION ACT OF 1986 › 37-B §803. Agency responsibilities

§803. Agency responsibilities
The Maine Emergency Management Agency has the following responsibilities under this subchapter.   [PL 1989, c. 464, §3 (NEW).]
1.  Review facility emergency plans.
The agency shall review facility area emergency plans submitted to the commission and make recommendations to the commission on their acceptance. The agency shall also develop model emergency plans.
[PL 1989, c. 464, §3 (NEW).]
2.  Manage and coordinate data.
The agency shall manage and coordinate data submitted pursuant to the Superfund Amendments and Reauthorization Act of 1986, Public Law 99-499.
[PL 1989, c. 464, §3 (NEW).]
3.  Liaison.
The agency shall provide liaison to the State Emergency Response Commission, local emergency planning committees and industrial facilities throughout the State that manufacture, use, store or process hazardous materials.
[PL 1989, c. 464, §3 (NEW).]
4.  Monitor compliance.
The agency shall monitor the compliance of facilities, owners and operators with this subchapter and shall conduct inspections as necessary to ensure compliance with this subchapter. In the event of an accident or incident, the agency may investigate and inspect facilities to determine the cause and circumstances and may order appropriate reporting, facility response mitigation and corrective actions pursuant to any requirement of this subchapter.
[PL 1989, c. 464, §3 (NEW); PL 1989, c. 638, §3 (AMD).]
SECTION HISTORY
PL 1989, c. 464, §3 (NEW). PL 1989, c. 638, §3 (AMD).
2023 Maine Revised Statutes › TITLE 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT › Chapter 13: MAINE EMERGENCY MANAGEMENT AGENCY › Subchapter 3-A: COORDINATION AND ADMINISTRATION OF THE SUPERFUND AMENDMENTS AND REAUTHORIZATION ACT OF 1986 › 37-B §804. Local authority

§804. Local authority
Nothing in this subchapter or rules adopted under it preempts or otherwise affects any ordinance, regulation or rule of a political subdivision, limits the authority of a political subdivision to adopt or enforce any ordinance, regulation, or rule that it is authorized to adopt or enforce pursuant to the Constitution of Maine and laws of this State, or limits the authority of any department or agency of this State to adopt any rule or enforce any law or rule of this State that it is authorized to adopt or enforce under the laws of this State. This subchapter does not abridge rights of action or remedies in equity, under common law, or as provided by law.   [PL 1989, c. 464, §3 (NEW).]
SECTION HISTORY
PL 1989, c. 464, §3 (NEW).
2023 Maine Revised Statutes › TITLE 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT › Chapter 13: MAINE EMERGENCY MANAGEMENT AGENCY › Subchapter 3-A: COORDINATION AND ADMINISTRATION OF THE SUPERFUND AMENDMENTS AND REAUTHORIZATION ACT OF 1986 › 37-B §805. Community right to know

§805. Community right to know
1.  Availability to public.
Each emergency response plan, material safety data sheet, list described in section 796, subsection 2, Maine chemical inventory report, toxic chemical release report and follow-up emergency notice must be made available to the general public, consistent with section 800, during normal working hours at the location or locations designated by the Administrator of the United States Environmental Protection Agency, the Governor, the commission or the local emergency planning committee, as appropriate. Upon request by an owner or operator of a facility subject to the requirements of section 797, the commission and the appropriate local emergency planning committee shall withhold from disclosure under this section the location of any specific chemical required by section 797 to be contained in a Maine chemical inventory report.
[PL 2009, c. 252, §7 (AMD).]
2.  Notice of public availability.
Each committee shall annually publish a notice in local newspapers that the emergency response plan, material safety data sheets and Maine chemical inventory reports have been submitted under this section. The notice must state that follow-up emergency notices may subsequently be issued and announce that members of the public who wish to review any such plan, sheet, report or follow-up notice may do so at the location designated under subsection 1.
[PL 2009, c. 252, §7 (AMD).]
SECTION HISTORY
PL 1989, c. 464, §3 (NEW). PL 2009, c. 252, §7 (AMD).
2023 Maine Revised Statutes › TITLE 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT › Chapter 13: MAINE EMERGENCY MANAGEMENT AGENCY › Subchapter 4: ADMINISTRATION › 37-B §821. Eminent domain

§821. Eminent domain
When the Governor has issued a proclamation in accordance with section 742 and, when in the Governor's judgment for the protection and welfare of the State and its inhabitants, the situation requires it as a matter of public necessity or convenience, the Governor may take possession of any real or personal property located within the State for public uses in furtherance of this chapter.   [RR 2019, c. 1, Pt. B, §49 (COR).]
1.  Real property.
If real estate is seized under this section, a declaration of the property seized, containing a full and complete description, shall be filed with the register of deeds for the county in which the seizure is located and a copy of that declaration shall be furnished to the owner.
[PL 1983, c. 460, §3 (NEW).]
2.  Personal property.
If personal property is seized under this section, there shall be entered, upon a docket containing a permanent record, a description of that personal property and its condition when seized, and there shall be furnished to the owner of the seized property a true copy of the docket recording.
[PL 1983, c. 460, §3 (NEW).]
3.  Compensation.
The Governor shall award reasonable compensation to the owners of the property that the Governor takes under this section and for its use and for any injury thereto or destruction thereof caused by that use.
[RR 2019, c. 1, Pt. B, §50 (COR).]
4.  Appeal.
The owner of property of which possession has been taken under this section and to whom no award has been made or who is dissatisfied with the amount awarded the owner as compensation may bring an action in the Superior Court in the county in which the owner lives or has a usual place of business or in the County of Kennebec to have the amount of damages to which the owner is entitled determined. The plaintiff may bring the action within 6 years after the date when possession of the property was taken under this section, except that, if the owner of the property is in the military service of the United States at any time during which the owner should otherwise have brought the action, the owner may bring the action within 6 years after the owner's discharge from that military service. The plaintiff and the State severally have the right to have the damages assessed by a jury.
[RR 2019, c. 1, Pt. B, §51 (COR).]
5.  Continuation of right of action.
In the event the owner of property seized under this section dies, preventing the owner from bringing or continuing the action provided in subsection 4, the owner's executor or administrator may bring or continue the action.
[RR 2019, c. 1, Pt. B, §52 (COR).]
SECTION HISTORY
PL 1983, c. 460, §3 (NEW). RR 2019, c. 1, Pt. B, §§49-52 (COR).
2023 Maine Revised Statutes › TITLE 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT › Chapter 13: MAINE EMERGENCY MANAGEMENT AGENCY › Subchapter 4: ADMINISTRATION › 37-B §822. Immunity

§822. Immunity
Neither the State nor any of its agencies or political subdivisions nor a person called out pursuant to section 784-A, including a voluntary and uncompensated grantor of a permit for the use of the grantor's premises as an emergency management shelter, may, while engaged in any emergency management activities and while complying with or attempting to comply with this chapter or any rule adopted pursuant to this chapter, be liable for the death of or injury to any person, or damage to property, as a result of those activities. This section does not affect the right of any person to receive benefits to which that person would otherwise be entitled under this chapter, under the Maine Workers' Compensation Act of 1992, under any pension law or under any act of Congress.   [PL 2003, c. 510, Pt. C, §15 (RPR).]
SECTION HISTORY
PL 1983, c. 460, §3 (NEW). RR 1993, c. 1, §110 (COR). PL 2001, c. 614, §20 (AMD). PL 2001, c. 662, §88 (AMD). PL 2003, c. 510, §C15 (RPR).
2023 Maine Revised Statutes › TITLE 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT › Chapter 13: MAINE EMERGENCY MANAGEMENT AGENCY › Subchapter 4: ADMINISTRATION › 37-B §823. Compensation for injuries received in line of duty

§823. Compensation for injuries received in line of duty
All members of the emergency management forces are deemed to be employees of the State while on, preparing for or training for emergency management duty. They have all the rights given to state employees under the former Maine Workers' Compensation Act or the Maine Workers' Compensation Act of 1992. All claims must be filed, prosecuted and determined in accordance with the procedure set forth in the Maine Workers' Compensation Act of 1992.   [PL 2013, c. 146, §16 (AMD).]
1.  Average weekly wage.
In computing the average weekly wage of any claimant under this section, the average weekly wage must be taken to be the earning capacity of the injured person in the occupation in which the injured person is regularly engaged.
[PL 1995, c. 462, Pt. A, §72 (AMD).]
2.  Setoff.
Any sums payable under any act of Congress or other federal program as compensation for death, disability or injury of emergency management workers must be considered with the determination and settlement of any claim brought under this section. When payments received from the Federal Government are less than an injured member would have been entitled to receive under this section, the injured member is entitled to receive all the benefits to which the injured member would have been entitled under this section, less the benefits actually received from the Federal Government.
[PL 2001, c. 614, §22 (AMD); PL 2001, c. 662, §90 (AMD).]
SECTION HISTORY
PL 1983, c. 460, §3 (NEW). PL 1995, c. 462, §A72 (AMD). PL 2001, c. 614, §§21,22 (AMD). PL 2001, c. 662, §§89,90 (AMD). PL 2003, c. 510, §A38 (AMD). PL 2013, c. 146, §16 (AMD).
2023 Maine Revised Statutes › TITLE 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT › Chapter 13: MAINE EMERGENCY MANAGEMENT AGENCY › Subchapter 4: ADMINISTRATION › 37-B §824. Appropriations

§824. Appropriations
1.  General Fund.
The Governor may whenever an emergency has been declared, as provided in section 742, transfer to the agency money from the General Fund of the State, including unexpended appropriation balances of any state department or agency, allotted or otherwise. The Governor may expend that money for the purpose of carrying out this chapter.
[PL 1987, c. 769, Pt. A, §164 (AMD).]
2.  For local emergency management expenses.
Each political subdivision may make appropriations for the payment of expenses of its local organization for emergency management in the same manner as for its other ordinary expenses. In making those appropriations, the political subdivision shall specify the amounts and purposes for which the money appropriated may be used by the local organizations.
[PL 2001, c. 614, §23 (AMD); PL 2001, c. 662, §91 (AMD).]
SECTION HISTORY
PL 1983, c. 460, §3 (NEW). PL 1987, c. 769, §A164 (AMD). PL 2001, c. 614, §23 (AMD). PL 2001, c. 662, §91 (AMD).
2023 Maine Revised Statutes › TITLE 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT › Chapter 13: MAINE EMERGENCY MANAGEMENT AGENCY › Subchapter 4: ADMINISTRATION › 37-B §825. Acceptance of aid

§825. Acceptance of aid
Whenever the Federal Government or any of its agencies or officers or any person, firm or corporation offers to the State or to any of its political subdivisions services, equipment, supplies, materials or funds by way of gift, grant or loan, for purposes of emergency management, the State, acting through the Governor, or the political subdivision, acting through its executive officer or governing body, may accept that offer. Upon acceptance, the Governor of the State or the executive officer or governing body of the political subdivision may authorize any officer of the State or of the political subdivision, as the case may be, to receive those services, equipment, supplies, materials or funds on behalf of the State or the political subdivision subject to the terms of the offer and the rules and regulations, if any, of the agency making the offer.   [PL 2001, c. 614, §24 (AMD); PL 2001, c. 662, §92 (AMD).]
Notwithstanding any other provision of law, the Governor may enter into an agreement with the Federal Emergency Management Agency for debris removal financial assistance and agree on behalf of the State to indemnify the Federal Government against any claim arising from such removal as required by 42 United States Code, Section 5173.   [PL 2001, c. 662, §93 (NEW).]
SECTION HISTORY
PL 1983, c. 460, §3 (NEW). PL 2001, c. 614, §24 (AMD). PL 2001, c. 662, §§92,93 (AMD).
2023 Maine Revised Statutes › TITLE 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT › Chapter 13: MAINE EMERGENCY MANAGEMENT AGENCY › Subchapter 4: ADMINISTRATION › 37-B §826. Transfer of equipment

§826. Transfer of equipment
Subject to the approval of the Governor, the director may convey equipment, supplies, materials or funds by sale, lease or grant to any political subdivision of the State for emergency management purposes. The conveyance is subject to the terms of the offer and the applicable state rules and federal regulations.   [PL 2001, c. 614, §25 (AMD); PL 2001, c. 662, §94 (AMD).]
SECTION HISTORY
PL 1983, c. 460, §3 (NEW). PL 1983, c. 816, §B18 (AMD). PL 2001, c. 614, §25 (AMD). PL 2001, c. 662, §94 (AMD).
2023 Maine Revised Statutes › TITLE 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT › Chapter 13: MAINE EMERGENCY MANAGEMENT AGENCY › Subchapter 4: ADMINISTRATION › 37-B §827. Aid in emergency; penalty

§827. Aid in emergency; penalty
Upon the issuance of a proclamation as provided in section 742, the Governor may utilize any available property and enlist the aid of any person to assist in the effort to control, put out or end the disaster, catastrophe or emergency or aid in the caring for the safety of persons. Any person who refuses to render the aid requested without reasonable cause is guilty of a Class E crime. The State is liable for damage to any property utilized under this chapter.   [PL 1983, c. 460, §3 (NEW).]
SECTION HISTORY
PL 1983, c. 460, §3 (NEW).
2023 Maine Revised Statutes › TITLE 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT › Chapter 13: MAINE EMERGENCY MANAGEMENT AGENCY › Subchapter 4: ADMINISTRATION › 37-B §828. Right-of-way; violation

§828. Right-of-way; violation
Personnel and equipment required to respond to emergency calls under this chapter shall have the right-of-way over all public ways and roads and the Governor is granted the right to close or restrict traffic on all roads in any area. Whoever fails to give the right-of-way to personnel, vehicles and equipment required to respond to emergency calls under this chapter, or whoever enters upon roads which have been closed to traffic under this chapter, is guilty of a Class E crime.   [PL 1983, c. 460, §3 (NEW).]
SECTION HISTORY
PL 1983, c. 460, §3 (NEW).
2023 Maine Revised Statutes › TITLE 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT › Chapter 13: MAINE EMERGENCY MANAGEMENT AGENCY › Subchapter 4: ADMINISTRATION › 37-B §829. Enforcement

§829. Enforcement
It is the duty of every agency for emergency management established pursuant to this chapter and of the officers to execute and enforce orders and rules adopted by the Governor under authority of this chapter. Each emergency management agency shall have available for inspection at its office all orders and rules made by the Governor or issued under the Governor's authority.   [PL 2003, c. 510, Pt. A, §39 (RPR).]
SECTION HISTORY
PL 1983, c. 460, §3 (NEW). PL 2001, c. 614, §26 (AMD). PL 2001, c. 662, §95 (AMD). PL 2003, c. 510, §A39 (AMD).
2023 Maine Revised Statutes › TITLE 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT › Chapter 13: MAINE EMERGENCY MANAGEMENT AGENCY › Subchapter 4: ADMINISTRATION › 37-B §830. Violations

§830. Violations
Every officer of a political subdivision of the State with administrative responsibilities under this chapter who intentionally violates any of the provisions of this chapter commits a civil violation for which a forfeiture of $20 may be adjudged.   [PL 1983, c. 460, §3 (NEW).]
SECTION HISTORY
PL 1983, c. 460, §3 (NEW).
2023 Maine Revised Statutes › TITLE 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT › Chapter 13: MAINE EMERGENCY MANAGEMENT AGENCY › Subchapter 4: ADMINISTRATION › 37-B §831. Utilization of existing services and facilities

§831. Utilization of existing services and facilities
In carrying out this chapter, the Governor and the executive officers or governing bodies of the political subdivisions of the State shall utilize the services and facilities of existing departments, offices and agencies of the State and all their political subdivisions to the maximum extent practicable. The officers and personnel of all departments, offices and agencies shall cooperate with and extend their services and facilities to the Governor and to the emergency management organizations of the State upon request.   [PL 2003, c. 510, Pt. A, §40 (RPR).]
SECTION HISTORY
PL 1983, c. 460, §3 (NEW). PL 2001, c. 614, §26 (AMD). PL 2001, c. 662, §96 (AMD). PL 2003, c. 510, §A40 (RPR).
2023 Maine Revised Statutes › TITLE 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT › Chapter 13: MAINE EMERGENCY MANAGEMENT AGENCY › Subchapter 4: ADMINISTRATION › 37-B §832. Political activity prohibited

§832. Political activity prohibited
An emergency management organization established under the authority of this chapter may not participate in any form of political activity and may not be employed directly or indirectly for political purpose.   [PL 2003, c. 510, Pt. A, §41 (RPR).]
SECTION HISTORY
PL 1983, c. 460, §3 (NEW). PL 2001, c. 614, §26 (AMD). PL 2001, c. 662, §97 (AMD). PL 2003, c. 510, §A41 (AMD).
2023 Maine Revised Statutes › TITLE 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT › Chapter 13: MAINE EMERGENCY MANAGEMENT AGENCY › Subchapter 4: ADMINISTRATION › 37-B §833. Civil emergency preparedness personnel (REPEALED)

§833. Civil emergency preparedness personnel
(REPEALED)
SECTION HISTORY
PL 1983, c. 460, §3 (NEW). PL 1987, c. 207 (RP).
2023 Maine Revised Statutes › TITLE 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT › Chapter 13: MAINE EMERGENCY MANAGEMENT AGENCY › Subchapter 4: ADMINISTRATION › 37-B §834. Inconsistent laws suspended

§834. Inconsistent laws suspended
Except as otherwise provided, all existing laws, rules and regulations inconsistent with this chapter or of any order or rule issued under the authority of this chapter shall be suspended during the period of time and to the extent that the inconsistency exists.   [PL 1983, c. 460, §3 (NEW).]
SECTION HISTORY
PL 1983, c. 460, §3 (NEW).
2023 Maine Revised Statutes › TITLE 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT › Chapter 13: MAINE EMERGENCY MANAGEMENT AGENCY › Subchapter 5: SPECIAL OPERATIONAL PLANS › 37-B §850. Search and rescue plan

§850. Search and rescue plan
The director shall 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 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.   [PL 2013, c. 146, §17 (AMD).]
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 comprehensive emergency management plan for the State.   [PL 2013, c. 146, §17 (AMD).]
SECTION HISTORY
PL 1989, c. 489, §4 (NEW). PL 2001, c. 662, §98 (AMD). PL 2013, c. 146, §17 (AMD).
2023 Maine Revised Statutes › TITLE 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT › Chapter 13: MAINE EMERGENCY MANAGEMENT AGENCY › Subchapter 5: SPECIAL OPERATIONAL PLANS › 37-B §851. Mass fatality plan

§851. Mass fatality plan
The director, in consultation with the Office of Chief Medical Examiner, the Department of Health and Human Services and the Maine Center for Disease Control and Prevention within that department and other agencies as appropriate, 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, and all members of the emergency management forces shall cooperate and assist the office in executing the plan.   [PL 2017, c. 475, Pt. A, §64 (AMD).]
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.   [PL 2013, c. 146, §18 (NEW).]
SECTION HISTORY
PL 2013, c. 146, §18 (NEW). PL 2017, c. 475, Pt. A, §64 (AMD).
2023 Maine Revised Statutes › TITLE 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT › Chapter 13: MAINE EMERGENCY MANAGEMENT AGENCY › Subchapter 5: SPECIAL OPERATIONAL PLANS › 37-B §852. Plans deemed part of statewide comprehensive plan

§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.   [PL 2013, c. 146, §18 (NEW).]
SECTION HISTORY
PL 2013, c. 146, §18 (NEW).
2023 Maine Revised Statutes › TITLE 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT › Chapter 15: INTERSTATE CIVIL DEFENSE AND DISASTER COMPACT (REPEALED) › 37-B §901. Purpose--Article I (REPEALED)

§901. Purpose--Article I
(REPEALED)
SECTION HISTORY
PL 1983, c. 460, §3 (NEW). PL 2009, c. 252, §9 (RP).
2023 Maine Revised Statutes › TITLE 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT › Chapter 15: INTERSTATE CIVIL DEFENSE AND DISASTER COMPACT (REPEALED) › 37-B §902. Standards; rules--Article II (REPEALED)

§902. Standards; rules--Article II
(REPEALED)
SECTION HISTORY
PL 1983, c. 460, §3 (NEW). PL 2009, c. 252, §9 (RP).
2023 Maine Revised Statutes › TITLE 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT › Chapter 15: INTERSTATE CIVIL DEFENSE AND DISASTER COMPACT (REPEALED) › 37-B §903. Request for mutual aid--Article III (REPEALED)

§903. Request for mutual aid--Article III
(REPEALED)
SECTION HISTORY
PL 1983, c. 460, §3 (NEW). PL 2009, c. 252, §9 (RP).
2023 Maine Revised Statutes › TITLE 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT › Chapter 15: INTERSTATE CIVIL DEFENSE AND DISASTER COMPACT (REPEALED) › 37-B §904. Special skills--Article IV (REPEALED)

§904. Special skills--Article IV
(REPEALED)
SECTION HISTORY
PL 1983, c. 460, §3 (NEW). PL 2009, c. 252, §9 (RP).
2023 Maine Revised Statutes › TITLE 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT › Chapter 15: INTERSTATE CIVIL DEFENSE AND DISASTER COMPACT (REPEALED) › 37-B §905. Liability--Article V (REPEALED)

§905. Liability--Article V
(REPEALED)
SECTION HISTORY
PL 1983, c. 460, §3 (NEW). PL 2009, c. 252, §9 (RP).
2023 Maine Revised Statutes › TITLE 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT › Chapter 15: INTERSTATE CIVIL DEFENSE AND DISASTER COMPACT (REPEALED) › 37-B §906. Supplementary agreements--Article VI (REPEALED)

§906. Supplementary agreements--Article VI
(REPEALED)
SECTION HISTORY
PL 1983, c. 460, §3 (NEW). PL 2009, c. 252, §9 (RP).
2023 Maine Revised Statutes › TITLE 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT › Chapter 15: INTERSTATE CIVIL DEFENSE AND DISASTER COMPACT (REPEALED) › 37-B §907. Compensation and death benefits--Article VII (REPEALED)

§907. Compensation and death benefits--Article VII
(REPEALED)
SECTION HISTORY
PL 1983, c. 460, §3 (NEW). PL 2009, c. 252, §9 (RP).
2023 Maine Revised Statutes › TITLE 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT › Chapter 15: INTERSTATE CIVIL DEFENSE AND DISASTER COMPACT (REPEALED) › 37-B §908. Reimbursement--Article VIII (REPEALED)

§908. Reimbursement--Article VIII
(REPEALED)
SECTION HISTORY
PL 1983, c. 460, §3 (NEW). PL 2009, c. 252, §9 (RP).
2023 Maine Revised Statutes › TITLE 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT › Chapter 15: INTERSTATE CIVIL DEFENSE AND DISASTER COMPACT (REPEALED) › 37-B §909. Evacuation--Article IX (REPEALED)

§909. Evacuation--Article IX
(REPEALED)
SECTION HISTORY
PL 1983, c. 460, §3 (NEW). PL 2009, c. 252, §9 (RP).
2023 Maine Revised Statutes › TITLE 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT › Chapter 15: INTERSTATE CIVIL DEFENSE AND DISASTER COMPACT (REPEALED) › 37-B §910. Availability of compact--Article X (REPEALED)

§910. Availability of compact--Article X
(REPEALED)
SECTION HISTORY
PL 1983, c. 460, §3 (NEW). PL 2009, c. 252, §9 (RP).
2023 Maine Revised Statutes › TITLE 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT › Chapter 15: INTERSTATE CIVIL DEFENSE AND DISASTER COMPACT (REPEALED) › 37-B §911. Participation of federal agency--Article XI (REPEALED)

§911. Participation of federal agency--Article XI
(REPEALED)
SECTION HISTORY
PL 1983, c. 460, §3 (NEW). PL 2009, c. 252, §9 (RP).
2023 Maine Revised Statutes › TITLE 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT › Chapter 15: INTERSTATE CIVIL DEFENSE AND DISASTER COMPACT (REPEALED) › 37-B §912. Entry into force--Article XII (REPEALED)

§912. Entry into force--Article XII
(REPEALED)
SECTION HISTORY
PL 1983, c. 460, §3 (NEW). PL 2009, c. 252, §9 (RP).
2023 Maine Revised Statutes › TITLE 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT › Chapter 15: INTERSTATE CIVIL DEFENSE AND DISASTER COMPACT (REPEALED) › 37-B §913. Withdrawal--Article XIII (REPEALED)

§913. Withdrawal--Article XIII
(REPEALED)
SECTION HISTORY
PL 1983, c. 460, §3 (NEW). PL 2009, c. 252, §9 (RP).
2023 Maine Revised Statutes › TITLE 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT › Chapter 15: INTERSTATE CIVIL DEFENSE AND DISASTER COMPACT (REPEALED) › 37-B §914. Construction and separability of provisions--Article XIV (REPEALED)

§914. Construction and separability of provisions--Article XIV
(REPEALED)
SECTION HISTORY
PL 1983, c. 460, §3 (NEW). PL 2009, c. 252, §9 (RP).
2023 Maine Revised Statutes › TITLE 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT › Chapter 15: INTERSTATE CIVIL DEFENSE AND DISASTER COMPACT (REPEALED) › 37-B §915. Approval of compact (REPEALED)

§915. Approval of compact
(REPEALED)
SECTION HISTORY
PL 1983, c. 460, §3 (NEW). PL 2009, c. 252, §9 (RP).
2023 Maine Revised Statutes › TITLE 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT › Chapter 16: EMERGENCY MANAGEMENT ASSISTANCE COMPACT › 37-B §921. Purpose and authorities--Article I

§921. Purpose and authorities--Article I
The emergency management assistance compact, referred to in this chapter as the "compact," is made and entered into by and between the participating member states that enact this compact, referred to in this chapter as "party states." For the purposes of this agreement, the term "states" means the several states, the Commonwealth of Puerto Rico, the District of Columbia and all U.S. territorial possessions.   [PL 1997, c. 780, §2 (NEW).]
The purpose of this compact is to provide for mutual assistance between the states entering into this compact in managing any emergency or disaster that is duly declared by the governor of the affected state or states, whether arising from natural disaster, technological hazard, man-made disaster, civil emergency aspects of resources shortages, community disorders, insurgency or enemy attack.   [PL 1997, c. 780, §2 (NEW).]
This compact also provides for mutual cooperation in emergency related exercises, testing or other training activities using equipment and personnel simulating performance of any aspect of the giving and receiving of aid by party states or subdivisions of party states during emergencies, with such actions occurring outside actual declared emergency periods. Mutual assistance in this compact may include the use of the states' National Guard forces, either in accordance with the National Guard Mutual Assistance Compact or by mutual agreement between states.   [PL 1997, c. 780, §2 (NEW).]
SECTION HISTORY
PL 1997, c. 780, §2 (NEW).
2023 Maine Revised Statutes › TITLE 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT › Chapter 16: EMERGENCY MANAGEMENT ASSISTANCE COMPACT › 37-B §922. General implementation--Article II

§922. General implementation--Article II
Each party state entering into this compact recognizes that many emergencies transcend political jurisdictional boundaries and that intergovernmental coordination is essential in managing these and other emergencies under this compact. Each state further recognizes that there will be emergencies that require immediate access and present procedures to apply outside resources to make a prompt and effective response to such an emergency because few, if any, individual states have all the resources they need in all types of emergencies or the capability of delivering resources to areas where emergencies exist.   [PL 1997, c. 780, §2 (NEW).]
The prompt, full and effective utilization of resources of the participating states, including any resources on hand or available from the Federal Government or any other source that are essential to the safety, care and welfare of the people in the event of any emergency or disaster declared by a party state, must be the underlying principle on which all articles of this compact are understood.   [PL 1997, c. 780, §2 (NEW).]
On behalf of the governor of each state participating in the compact, the legally designated state official who is assigned responsibility for emergency management is responsible for formulation of the appropriate interstate mutual aid plans and procedures necessary to implement this compact.   [PL 1997, c. 780, §2 (NEW).]
SECTION HISTORY
PL 1997, c. 780, §2 (NEW).
2023 Maine Revised Statutes › TITLE 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT › Chapter 16: EMERGENCY MANAGEMENT ASSISTANCE COMPACT › 37-B §924. Limitations--Article IV

§924. Limitations--Article IV
Any party state requested to render mutual aid or conduct exercises and training for mutual aid shall take such action as is necessary to provide and make available the resources covered by this compact in accordance with the terms of this compact, except that it is understood that the state rendering aid may withhold resources to the extent necessary to provide reasonable protection for that state. Each party state shall afford to the emergency forces of any party state, while operating within its state limits under the terms and conditions of this compact, the same powers, duties, rights and privileges as are afforded forces of the state in which they are performing emergency services, except the power of arrest unless specifically authorized by the receiving state. Emergency forces continue under the command and control of their regular leaders, but the organizational units come under the operational control of the emergency services authorities of the state receiving assistance. These conditions may be activated, as needed, only subsequent to a declaration of a state of emergency or disaster by the governor of the party state that is to receive assistance or commencement of exercises or training for mutual aid and continue as long as the exercises or training for mutual aid are in progress, the state of emergency or disaster remains in effect or loaned resources remain in the receiving state or states, whichever is longer.   [PL 1997, c. 780, §2 (NEW).]
SECTION HISTORY
PL 1997, c. 780, §2 (NEW).