| | Emergency preamble. Whereas, Acts of the Legislature do not become | effective until 90 days after adjournment unless enacted as | emergencies; and |
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| | Whereas, several dams in the State are presently in the process | of being transferred to private owners; and |
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| | Whereas, there are presently no systems in place to ensure that | the persons who take ownership of the dams have adequate | insurance to cover losses in the event of a dam failure or a | significant flood; and |
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| | Whereas, it is imperative that the State take immediate steps to | ensure that dam owners have adequate insurance and proper safety | plans with respect to these dams; and |
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| | Whereas, the safe operation of dams is essential to the safety | of a large number of communities below the dams; and |
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| | Whereas, the transfer of dams involving interlocal agreements | with municipalities depends upon funding assistance through the | state-municipal revenue sharing program; and |
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| | Whereas, in the judgment of the Legislature, these facts create | an emergency within the meaning of the Constitution of Maine and | require the following legislation as immediately necessary for | the preservation of the public peace, health and safety; now, | therefore, |
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| Be it enacted by the People of the State of Maine as follows: |
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| | Sec. 1. 38 MRSA §902, sub-§4-B is enacted to read: |
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| | 4-B.__Compliance with Maine Emergency Management Agency | Standards; proof of insurance.__The dam owner shall provide the | following information to the Maine Emergency Management Agency, | referred to in this subsection as the "agency," within the period | set forth in subsections 1 and 1-A: |
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| A.__A copy of the petition filed with the department; |
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| B.__The prospective owner's plan to maintain competent | operations to agency standards; and |
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| C.__Proof that the prospective owner is able to obtain | liability insurance in an amount to be determined by the | agency to cover any reasonably anticipated loss resulting | from the failure of the dam. |
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