An Act To Implement the Recommendations of the Task Force To Study Maine's Homeland Security Needs
Emergency preamble. Whereas, acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, the State's emergency preparedness efforts need to be supported to ensure that the State has the tools necessary to protect our citizens from terrorism and natural disasters; and
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,
Sec. 1. 20-A MRSA §1001, sub-§16, as amended by PL 2001, c. 588, §10, is further amended to read:
Sec. 2. 22 MRSA §451, as amended by PL 1989, c. 487, §3, is repealed and the following enacted in its place:
§ 451. Appointment
The following provisions govern the appointment and employment of local health officers.
Sec. 3. 26 MRSA §1419-A, sub-§6, as enacted by PL 2005, c. 336, §2, is amended to read:
Sec. 4. 35-A MRSA §7104, sub-§5, as repealed and replaced by PL 2005, c. 683, Pt. A, §59, is amended to read:
If the Department of Labor, Bureau of Rehabilitation Services does not receive from federal or other sources funds in addition to the $85,000 sufficient to carry out the purposes of Title 26, section 1419-A, the commission, at the request of the Department of Labor, Bureau of Rehabilitation Services, may transfer from the state universal service fund to the Communications Equipment Fund an additional $37,500.
The commission may, upon the request of the Department of Labor, Bureau of Rehabilitation Services and after a finding that the funds are necessary and that sufficient attempts have been made by the Bureau of Rehabilitation Services to maximize federal support to support emergency alert telecommunications service, transfer up to $60,000 in fiscal year 2005-06, up to $90,000 in fiscal year 2006-07 and up to $120,000 in any subsequent amounts certified by the Bureau of Rehabilitation Services as necessary in each fiscal year from the state universal service fund established by this section to the Communications Equipment Fund established under Title 26, section 1419-A for the exclusive purpose of supporting the discount program established under provision of wireless communication devices and 2-way pagers and service for those wireless communication devices and 2-way pagers to qualifying persons pursuant to Title 26, section 1419-A, subsection 6.
The commission may require contributions to the state universal service fund in an amount necessary to collect amounts transferred pursuant to this subsection.
Sec. 5. 37-B MRSA §708, sub-§2, ¶F, as enacted by PL 2005, c. 634, §12, is amended to read:
Sec. 6. 37-B MRSA §708, sub-§2, ¶G, as enacted by PL 2005, c. 634, §12, is amended to read:
Sec. 7. 37-B MRSA §708, sub-§2, ¶H is enacted to read:
Sec. 8. 37-B MRSA §745, sub-§6 is enacted to read:
Sec. 9. 37-B MRSA §783, sub-§3-A is enacted to read:
Sec. 10. 37-B MRSA §783, sub-§3-B is enacted to read:
Sec. 11. 37-B MRSA §783, sub-§3-C is enacted to read:
Sec. 12. 37-B MRSA §1119-A is enacted to read:
§ 1119-A. Dam Safety Fund; annual dam fees
(1) $1,000 a year for each significant hazard potential dam;
(2) $1,000 a year for each high hazard potential dam; and
(3) $40 a year for each low hazard potential dam.
(1) $250 a year for each significant hazard potential dam;
(2) $250 a year for each high hazard potential dam; and
(3) $40 a year for each low hazard potential dam.
Sec. 13. Report on local health officers. The Director of the Maine Center for Disease Control and Prevention within the Department of Health and Human Services, in conjunction with the Public Health Work Group and other stakeholders and interested parties, shall further study and specify standards for local health officer qualifications, including redefining the role of the local health officer and updating related statutes to clarify that role. The director shall report recommendations, including any necessary legislation, to the Homeland Security Advisory Council created in the Maine Revised Statutes, Title 37-B, section 708 and the Joint Standing Committee on Health and Human Services by June 1, 2007. The joint standing committee is authorized to submit legislation based on the report to the Second Regular Session of the 123rd Legislature.
Sec. 14. Report of Public Health Work Group. Upon completion of its work, but no later than July 1, 2007, the Public Health Work Group shall report to the Homeland Security Advisory Council and to the Joint Standing Committee on Health and Human Services and the Joint Standing Committee on Criminal Justice and Public Safety any recommendations regarding the following initiatives:
1. Development of a strong local health officer system that is able to function independently of the Department of Health and Human Services, Maine Center for Disease Control and Prevention, if necessary, during an emergency and that supports the county-based emergency management agency and homeland security counterparts;
2. Development of training of, support of and links between local health officers to ensure that each of the 16 county emergency management agencies has a competent local health liaison, including clarification of the role of local health officers in emergency preparedness and response and recovery;
3. Implementation of pilot projects at the county or multicounty level to establish official health agencies to serve as the official public health liaisons during emergencies and to provide an official boundary of local government jurisdiction in the public health arena;
4. Certification of all local law enforcement officers to act as deputy county sheriffs during emergencies and authorization to counties to assume jurisdiction and permit official delegation of public health functions from municipal to county levels; and
5. Adoption and implementation of the National Public Health Performance Standards established by the United States Department of Health and Human Services, Centers for Disease Control and Prevention and the standards of the National Association of County and City Health Officials for ensuring the competency of individuals and agencies.
The Homeland Security Advisory Council and the joint standing committees are authorized to submit legislation based on the report to the Second Regular Session of the 123rd Legislature.
Sec. 15. Report from Maine Emergency Management Agency regarding pet-friendly shelters. The Director of the Maine Emergency Management Agency within the Department of Defense, Veterans and Emergency Management shall work with communities to identify levels of need and where and how to allocate pet-friendly shelters in order to meet the requirement of Title 37-B, section 783 that at least one such shelter be established in each county no later than January 1, 2008. The director shall report findings and recommendations, including any necessary legislation, to the Joint Standing Committee on Criminal Justice and Public Safety by September 1, 2007. The joint standing committee is authorized to submit legislation based on the report to the Second Regular Session of the 123rd Legislature.
Sec. 16. Report from Maine Emergency Management Agency regarding plans for ongoing medical care for persons transferred during emergencies. The Director of the Maine Emergency Management Agency within the Department of Defense, Veterans and Emergency Management shall work with communities to develop plans required under Title 37-B, section 783 to ensure that persons who require medical care and are transferred from hospitals, nursing homes or their own personal residences during emergencies receive continued medical care. The director shall report findings and recommendations, including any necessary legislation, to the Joint Standing Committee on Health and Human Services and the Joint Standing Committee on Criminal Justice and Public Safety by September 1, 2007. The joint standing committees are authorized to submit legislation based on the report to the Second Regular Session of the 123rd Legislature.
Sec. 17. Report from Maine Emergency Management Agency regarding plans for identification of persons needing transportation and how to evacuate those persons. The Director of the Maine Emergency Management Agency within the Department of Defense, Veterans and Emergency Management shall work with communities to identify persons who require transportation in the event of an emergency and to develop plans required under Title 37-B, section 783 to ensure that those persons are transported. The director shall report findings and recommendations, including any necessary legislation, to the Joint Standing Committee on Criminal Justice and Public Safety by September 1, 2007. The joint standing committee is authorized to submit legislation based on the report to the Second Regular Session of the 123rd Legislature.
Sec. 18. Implementation of disability indicator. The Director of the Maine Emergency Management Agency within the Department of Defense, Veterans and Emergency Management, in cooperation with the Maine Developmental Disabilities Council and the Public Utilities Commission, shall develop and implement a plan, including a funding mechanism, to provide a statewide disability indicator system to allow individuals with disabilities and special health needs to provide a code identifying special assistance needed in an emergency. The director shall report regarding the implementation of the plan and identify any policy or legislative changes that may be required to the Joint Standing Committee on Criminal Justice and Public Safety by July 1, 2007. The joint standing committee is authorized to submit legislation based on the report to the Second Regular Session of the 123rd Legislature.
Sec. 19. Report from Maine Emergency Management Agency regarding building communications system needs. The Director of the Maine Emergency Management Agency within the Department of Defense, Veterans and Emergency Management, in cooperation with the Chief Information Officer and the Statewide Radio Network Board, shall seek and coordinate from each of the fire chiefs across the State a list of those facilities in each chief’s community that pose radio communications challenges and, after application of a recognized standardized risk assessment, are identified as having a high potential of high vulnerability in an emergency event. The director shall report findings and recommendations, including any necessary legislation, to the Joint Standing Committee on Criminal Justice and Public Safety by September 1, 2007. The joint standing committee is authorized to submit legislation based on the report to the Second Regular Session of the 123rd Legislature.
Sec. 20. Report from Maine Emergency Management Agency regarding regulation of fuel tanks. The Director of the Maine Emergency Management Agency within the Department of Defense, Veterans and Emergency Management, in cooperation with the Department of Professional and Financial Regulation and the Department of Environmental Protection, shall research the public safety factors involved in determining whether fuel tanks should be attached to buildings in order to withstand high winds and flooding and whether all fuel tanks should have emergency shut-off valves. The director shall report findings and recommendations, including any necessary legislation, to the Homeland Security Advisory Council by September 1, 2007. The Homeland Security Advisory Council is authorized to submit legislation based on the report to the Second Regular Session of the 123rd Legislature.
Sec. 21. Appropriations and allocations. The following appropriations and allocations are made.
DEFENSE, VETERANS AND EMERGENCY MANAGEMENT, DEPARTMENT OF
Maine Emergency Management Agency
Initiative: Provides funding for 6 rain gauges to be installed on rivers in York and Cumberland counties.
| GENERAL FUND | 2007-08 | 2008-09 |
|
All Other
|
$90,000 | $20,000 |
 |
|
|
| GENERAL FUND TOTAL | $90,000 | $20,000 |
| FEDERAL FUNDS | 2007-08 | 2008-09 |
|
All Other
|
$90,000 | $20,000 |
|
|
|
| FEDERAL FUNDS TOTAL | $90,000 | $20,000 |
Initiative: Establishes 2 positions to support dam inspection, maintenance and repair through the Dam Safety Fund.
| OTHER SPECIAL REVENUE FUNDS | 2007-08 | 2008-09 |
|
POSITIONS - LEGISLATIVE COUNT
|
2 | 2 |
|
Personal Services
|
$68,592 | $68,592 |
|
|
|
| OTHER SPECIAL REVENUE FUNDS TOTAL | $68,592 | $68,592 |
| FEDERAL FUNDS | 2007-08 | 2008-09 |
|
Personal Services
|
$68,592 | $68,592 |
|
|
|
| FEDERAL FUNDS TOTAL | $68,592 | $68,592 |
Initiative: Establishes 2 positions to support Maine’s Fusion Center, which is designed to facilitate communication among local, state and federal law enforcement agencies regarding intelligence information and analysis.
| FEDERAL FUNDS | 2007-08 | 2008-09 |
|
POSITIONS - LEGISLATIVE COUNT
|
2 | 2 |
|
Personal Services
|
$152,568 | $152,568 |
|
|
|
| FEDERAL FUNDS TOTAL | $152,568 | $152,568 |
| DEFENSE, VETERANS AND EMERGENCY MANAGEMENT, DEPARTMENT OF | ||
| DEPARTMENT TOTALS | 2007-08 | 2008-09 |
|
GENERAL FUND
|
$90,000 | $20,000 |
|
FEDERAL FUNDS
|
$211,160 | $211,160 |
|
OTHER SPECIAL REVENUE FUNDS
|
$68,592 | $68,592 |
|
|
|
| DEPARTMENT TOTAL - ALL FUNDS | $379,752 | $379,752 |
Emergency clause. In view of the emergency cited in the preamble, this legislation takes effect when approved.
summary
This emergency bill is the recommendation of the Task Force to Study Maine’s Homeland Security Needs. The bill proposes to do the following.
1. It specifies that the crisis response plan that each school unit administration must develop and approve annually includes an all-hazards emergency plan component that must be approved by local emergency response officials or other local public safety officials. The bill directs the school board to review and update the plan regularly and implement training and drills for staff, students and parents. The Commissioner of Education may withhold state subsidy from those schools that fail to meet these requirements.
2. It requires the Homeland Security Advisory Council, beginning January 15, 2008 and annually thereafter, to report to the joint standing committee of the legislature having jurisdiction over criminal justice and public safety matters regarding homeland security training and communications exercises and other homeland security initiatives and issues.
3. It specifies that local health officers must be qualified by education, training or experience in the field of public health or a combination as determined by standards set through the adoption of major substantive rules by the Department of Health and Human Services, Maine Center for Disease Control and Prevention by January 1, 2008. A person employed as a local health officer before January 1, 2008 who is not qualified by education, training or experience must meet qualification standards no later than June 1, 2008. On or after June 1, 2008, a person may not be appointed and employed as a local health officer unless that person is qualified pursuant to department standards.
4. It specifies that the Department of Defense, Veterans and Emergency Management, Maine Emergency Management Agency shall adopt major substantive rules regarding the process for the expenditure of funds from the Disaster Relief Fund.
5. It amends the disaster emergency plan requirements for municipal, county and regional emergency management agencies by requiring each plan to include provisions to ensure the sheltering of pets, continuous medical care of persons transferred in an emergency and methods to identify and provide transportation to those who will need transportation in an emergency situation. The bill directs the Maine Emergency Management Agency to work with communities on these issues and to report to the Joint Standing Committee on Criminal Justice and Public Safety by July 1, 2007 with recommendations for additional changes. The Joint Standing Committee on Criminal Justice and Public Safety, upon receiving the reports, may submit implementing legislation to the Second Regular Session of the 123rd Legislature.
6. It specifies that persons who have been certified by the Department of Labor, Bureau of Rehabilitation Services, Division of Deafness as being deaf or hard-of-hearing and have an income of less than 135% of the federal poverty level must receive a wireless communications device or 2-way pager and the monthly service for that device or pager without charge. A company required to provide the service without charge is entitled to recover monthly service charge amounts from the Communications Equipment Fund. The Bureau of Rehabilitation Services shall adopt rules to establish the process for certifying eligibility with the Division of Deafness and for the process to be used by wireless and paging companies in recovering monthly service charge amounts from the Communications Equipment Fund.
7. It creates an annual fee structure for payment by municipal and private dam owners to support dam inspection, maintenance and repair.
8. It requires the Director of the Maine Center for Disease Control and Prevention, within the Department of Health and Human Services in conjunction with the Public Health Work Group and other stakeholders and interested parties, to further study and set standards by major substantive rulemaking for local health officer qualifications and redefine the local health officer’s role, including updating related statutes to clarify that role. The director shall report these proposed standards, recommendations and any necessary legislation to the Homeland Security Advisory Council and the Joint Standing Committee on Health and Human Services by June 1, 2007. Qualification standards must be set by rule by January 1, 2008.
9. It requires the Public Health Work Group to report any recommendations to the Homeland Security Advisory Council and to the Joint Standing Committee on Health and Human Services and the Joint Standing Committee on Criminal Justice and Public Safety regarding the following initiatives:
10. It directs the Director of the Maine Emergency Management Agency, in cooperation with the Maine Developmental Disabilities Council and the Public Utilities Commission, to develop and implement a plan, including funding, to provide a statewide disability indicator system to allow individuals with disabilities and special health needs to provide a code identifying special assistance needed in an emergency. The director shall report regarding the implementation of the plan and shall identify any necessary implementing legislation to the Joint Standing Committee on Criminal Justice and Public Safety by July 1, 2007.
11. It directs the Director of the Maine Emergency Management Agency, in cooperation with the Chief Information Officer and the Statewide Radio Network Board, to seek and coordinate information from fire chiefs across the State identifying those facilities in each chief’s community that pose radio communications challenges and, after a standardized risk assessment, are identified as having high potential for high vulnerability in an emergency event. The director shall report findings and recommendations, including any necessary legislation, to the Joint Standing Committee on Criminal Justice and Public Safety by September 1, 2007.
12. It directs the Director of the Maine Emergency Management Agency, in cooperation with the Department of Professional and Financial Regulation and the Department of Environmental Protection, to research the public safety factors involved in determining whether fuel tanks should be attached to buildings in order to withstand high winds and flooding and whether all fuel tanks should have emergency shut-off valves. The director shall report findings and recommendations, including any necessary legislation, to the Homeland Security Advisory Council by September 1, 2007.
13. It includes an appropriations and allocations section to implement initiatives to provide funding for 6 rain gauges to be installed on rivers in York and Cumberland counties, to establish 2 positions to support the Dam Safety Program and to establish 2 positions to support Maine’s Fusion Center, which is designed to facilitate communication among local, state and federal law enforcement agencies regarding intelligence information and analysis.