An Act To Update the Maine Emergency Management Laws
Sec. 1. 37-B MRSA §701, sub-§3, as enacted by PL 1983, c. 460, §3, is amended to read:
Sec. 2. 37-B MRSA §701, sub-§4, as repealed and replaced by PL 2003, c. 510, Pt. A, §32, is amended to read:
Sec. 3. 37-B MRSA §701, sub-§5 is enacted to read:
Sec. 4. 37-B MRSA §702, as amended by PL 2001, c. 662, §73, is further amended to read:
§ 702. Policy
It is declared to be the policy of the State that all emergency management and homeland security functions be coordinated to the maximum extent with the comparable functions of the Federal Government, including its various departments and agencies, of other states and localities, and of private agencies so that the most effective preparation and use may be made of the nation's workforce, resources and facilities for dealing with any disaster that may occur.
Sec. 5. 37-B MRSA §703, sub-§2-D is enacted to read:
Sec. 6. 37-B MRSA §703, sub-§8 is enacted to read:
Sec. 7. 37-B MRSA §704, as amended by PL 2007, c. 3, §1 and c. 167, §11, is further amended to read:
§ 704. Director; duties
The Maine Emergency Management Agency, as previously established and in this chapter called the "agency," is under the supervision of the Director of the Maine Emergency Management Agency, who in this chapter is called the "director." The director must be qualified by education, training or experience in managing emergencies or in the emergency management profession and is appointed by the Governor upon recommendation of the commissioner, subject to review by the joint standing committee of the Legislature having jurisdiction over the Department of Public Safety and confirmation by the Legislature. The director serves at the pleasure of the Governor.
The director may employ technical, clerical, stenographic, administrative and operative assistants and other personnel, subject to the Civil Service Law, and make expenditures, with approval of the commissioner, that are necessary to carry out the purposes of this chapter.
The director, subject to the direction and control of the commissioner, is responsible administratively to the commissioner, retains direct access to the Governor in the case of an emergency and is responsible for notifying the Governor and the commissioner of all emergencies. The director is the executive head of the agency and is responsible for carrying out the program for emergency management. The director shall represent the Governor on all matters pertaining to the comprehensive emergency management program and the disaster and emergency response of the State; shall coordinate the activities of all organizations for emergency management within the State; shall maintain liaison with and cooperate with emergency management and public safety agencies and organizations of other states, the Federal Government and foreign countries, and their political subdivisions; prior to the annual meeting required in section 782, subsection 4, shall provide to each of the local emergency management organizations of the State an annual assessment of each organization's degree of emergency management capability and any other information pertinent to ensuring the public's welfare and safety within the local organization's jurisdiction; and has additional authority, duties and responsibilities as may be prescribed by the commissioner or the Governor.
The director, in consultation with the Office of Chief Medical Examiner, 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, with full cooperation and assistance from all other members of the emergency management forces.
This plan must be reviewed and updated as necessary. The director shall see that the plan and the reviews receive suitable dissemination on a timely basis.
The director shall conduct periodic assessments at least once every 2 years, beginning January 15, 2007, of the use of public safety radio frequencies in emergency situations to ensure that first responders obtain sufficient training to understand and comply with adopted protocols and procedures.
The director shall develop and conduct an annual program of comprehensive public education, using all appropriate means of communication to educate and inform members of the public and public officials about emergency preparedness, response, recovery and mitigation. The program must incorporate the use of appropriate accessible formats to educate and inform individuals with disabilities, individuals who are elderly and non-English-speaking residents of Maine.
The director shall develop and conduct an annual statewide program of emergency management exercises to test the policies and plans of the state, county and local emergency management agencies. The program must address all disasters identified pursuant to section 783, subsection 1.
The director shall:
Sec. 8. 37-B MRSA §709 is enacted to read:
§ 709. Governor's homeland security advisor
The Commissioner of Defense, Veterans and Emergency Management serves as the Governor's homeland security advisor.
Sec. 9. 37-B MRSA §741, sub-§3, ¶A, as repealed and replaced by PL 2003, c. 510, Pt. A, §34, is amended to read:
Sec. 10. 37-B MRSA §741, sub-§3, ¶D, as repealed and replaced by PL 2003, c. 510, Pt. A, §34, is amended to read:
Sec. 11. 37-B MRSA §741, sub-§3, ¶G, as amended by PL 2009, c. 252, §1, is further amended to read:
Sec. 12. 37-B MRSA §741, sub-§3, ¶G-1 is enacted to read:
Sec. 13. 37-B MRSA §745, as amended by PL 2009, c. 252, §§2 to 4, is further amended to read:
§ 745. Disaster Recovery Fund
Sec. 14. 37-B MRSA §783, as amended by PL 2003, c. 404, §10 and c. 510, Pt. A, §36, is further amended to read:
§ 783. Disaster emergency plan
Each municipality, county and regional emergency management agency shall prepare and keep a current disaster emergency plan for the area subject to its jurisdiction. That plan must include, without limitation: The plan must be approved by the jurisdiction's governing body. The plan must follow the risk assessment and planning guidance provided by the director under section 704, subsection 10 and address the hazards and threats that pose the greatest risk to the jurisdiction and the capabilities and actions needed to respond to and recover from disasters.
Each municipal, county and regional emergency management agency, as part of the development of a disaster emergency plan for the area subject to its jurisdiction, shall consult as it considers appropriate with hospitals institutions, organizations and businesses within its jurisdiction to ensure that the disaster plans developed by the municipality or agency and the hospitals those institutions, organizations and businesses are compatible. Institutions, organizations and businesses with which the municipality or agency may consult include, but are not limited to, hospitals, schools, health care facilities, group homes and day care centers.
Sec. 15. 37-B MRSA §784-A, as amended by PL 2005, c. 630, §2, is further amended to read:
§ 784-A. Right to call for and employ assistance
The Maine Emergency Management Agency and local organizations for emergency management may employ any person considered necessary to assist with emergency management activities. All persons called and employed for assistance shall proceed as directed by the Maine Emergency Management Agency or the local organization. Any person called and employed for assistance either within the State or in another state under chapter 16 or in a Canadian province under chapter 16-A is deemed to be an employee of the State for purposes of immunity from liability pursuant to section sections 822 , 926 and 940 and for purposes of workers' compensation insurance pursuant to section sections 823, 928 and 942, except for persons excluded from the definition of employee pursuant to Title 39-A, section 102, subsection 11. A health care worker licensed in this State, either designated by the Maine Emergency Management Agency to perform emergency management or health activities in this State in a declared disaster or civil emergency pursuant to section 742 or designated by the Maine Emergency Management Agency to render aid in another state under chapter 16, is deemed to be an employee of the State for purposes of immunity from liability pursuant to this section and section 926 and for purposes of workers' compensation insurance pursuant to sections 823 and 928, except for persons excluded from the definition of employee pursuant to Title 39-A, section 102, subsection 11. A person holding a professional license in the State may be designated a member of the emergency management forces in that professional capacity only after the individual or the license issuer provides confirmation of a valid license.
Sec. 16. 37-B MRSA §850, as amended by PL 2001, c. 662, §98, is further amended to read:
§ 850. Search and rescue plan
The Director of the Maine Emergency Management Agency director shall prepare 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 review 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.
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 statewide comprehensive emergency management plan for the State.
Sec. 17. 37-B MRSA §§851 and 852 are enacted to read:
§ 851. Mass fatality plan
The director, in consultation with the Office of the Chief Medical Examiner, shall prepare a plan for the recovery, identification and disposition of human remains in a disaster. The Office of the 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.
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.
§ 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.
Sec. 18. 37-B MRSA §1118, sub-§1, ¶¶B and C, as enacted by PL 2001, c. 460, §3, are amended to read:
Sec. 19. 37-B MRSA §1119, sub-§1, ¶¶A to C, as enacted by PL 2001, c. 460, §3, are amended to read:
Sec. 20. Maine Revised Statutes headnote amended; revision clause. In the Maine Revised Statutes, Title 37-B, chapter 13, subchapter 5, in the subchapter headnote, the words "search and rescue" are amended to read "special operational plans" and the Revisor of Statutes shall implement this revision when updating, publishing or republishing the statutes.
summary
This bill:
1. Amends the Maine Emergency Management Act to include in its purposes coordination of homeland security;
2. Enacts definitions of "homeland security" and "terrorism";
3. Adds to the duties of the Director of the Maine Emergency Management Agency certain planning and training and the maintenance of the State Emergency Operations Center. It also requires that public education programs include information about prevention of emergency situations;
4. Designates the Commissioner of Defense, Veterans and Emergency Management as the Governor's homeland security advisor;
5. Changes the name of the Disaster Relief Fund to the Disaster Recovery Fund to more accurately reflect the fund's purpose to support long-term community disaster recovery;
6. Clarifies local and state emergency planning requirements and ensures current national standards are followed;
7. Provides that emergency management forces deployed under either the Emergency Management Assistance Compact and the International Emergency Management Assistance Compact are considered state employees for the purposes of immunity from liability and workers' compensation coverage. It specifies that a person holding a valid professional license in the State may be designated a member of the emergency management forces in that profession after verification of current license;
8. Consolidates in one subchapter language governing situation-specific operational plans and adds general language governing any agency-specific emergency plans;
9. Changes the general dam hazard evaluation requirement from at least once every 6 years to at least once every 12 years and changes the time frame for hazard evaluations from within 30 days of a request to within 60 days of a request; and
10. Changes the dam condition inspection frequency of high and significant hazard dams from at least once every 4 years to at least once every 6 years.