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§791
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
§793

§792. State Emergency Response Commission

1.  Composition and terms.  The State Emergency Response Commission, referred to in this subchapter as the "commission," as established by Title 5, section 12004‑G, subsection 13‑A, to implement effective emergency response to releases of hazardous chemicals. The commission is composed of 14 members as follows:  
A. The Commissioner of Environmental Protection or the commissioner's designee;   [PL 2023, c. 62, §1 (AMD).]
B. The Commissioner of Health and Human Services or the commissioner's designee;   [PL 2023, c. 62, §2 (AMD).]
C. The Director of Maine Emergency Medical Services, Department of Public Safety, or the director's designee;   [PL 2023, c. 62, §3 (AMD).]
D. The Commissioner of Labor or the commissioner's designee;   [PL 2023, c. 62, §4 (AMD).]
E. The Commissioner of Transportation or the commissioner's designee;   [PL 2023, c. 62, §5 (AMD).]
F. The Director of the Maine Emergency Management Agency or the director's designee, who serves as chair;   [PL 2023, c. 62, §6 (AMD).]
G. The Chief of the State Police or the chief's designee;   [PL 2023, c. 62, §7 (AMD).]
H. A representative, appointed by the Governor, of municipal government;   [PL 1989, c. 464, §3 (NEW).]
I. A representative, appointed by the Governor, of the Maine Fire Chiefs' Association;   [PL 1989, c. 464, §3 (NEW).]
J. A representative, appointed by the Governor, of a professional firefighters' union;   [PL 1989, c. 464, §3 (NEW).]
K. A representative, appointed by the Governor, of private commerce and industry;   [PL 1989, c. 464, §3 (NEW).]
L. A representative, appointed by the Speaker of the House of Representatives, of volunteer firefighters;   [PL 1989, c. 464, §3 (NEW).]
M. A representative, appointed by the President of the Senate, of an environmental organization representative of the general public; and   [PL 1989, c. 464, §3 (NEW).]
N. A representative, appointed by the Speaker of the House of Representatives, of organized labor.   [PL 1989, c. 464, §3 (NEW).]
The Governor and legislative leadership shall request a list of 3 names from organizations covered under paragraphs H to N from which to make final appointments. All appointed members shall serve for a term of 4 years from the date appointed. Appointed members shall serve the following initial terms: one member for 1 year, 2 members for 2 years, 2 members for 3 years and 2 members for 4 years. Appointed members shall be allowed to serve for 2 consecutive terms.  
[PL 2023, c. 62, §§1-7 (AMD).]
2.  Powers and duties.  The general duties of the commission are to oversee the implementation of a comprehensive program of planning and training for effective emergency response to releases of hazardous materials. Specifically, the commission shall:  
A. Advise the director on rules promulgated under this subchapter;   [PL 1989, c. 464, §3 (NEW).]
B. Designate emergency planning districts to facilitate implementation of emergency response plans;   [PL 1989, c. 464, §3 (NEW).]
C. Provide for the necessary appointment of local emergency planning committees;   [PL 1989, c. 464, §3 (NEW).]
D. Supervise and coordinate local emergency planning committee activities;   [PL 1989, c. 464, §3 (NEW).]
E. Review emergency response plans developed by the committees;   [PL 1989, c. 464, §3 (NEW).]
F. Receive chemical spill notifications required pursuant to state law and the provisions of the United States Emergency Planning and Community Right-to-Know Act of 1986, Public Law 99-499;   [PL 1989, c. 464, §3 (NEW).]
G. Provide the public with information upon request, consistent with the provisions of state and federal law, on emergency response plans, potential chemical hazards and safety;   [PL 1989, c. 464, §3 (NEW).]
H. Rule on trade secrets in cooperation with the United States Environmental Protection Agency;   [PL 1989, c. 464, §3 (NEW).]
I. Monitor, observe, participate in and review certain emergency drills and exercises;   [PL 1989, c. 464, §3 (NEW).]
J. Review and monitor hazardous materials training programs in the State;   [PL 1989, c. 464, §3 (NEW).]
K. Conduct joint emergency operations from the State Emergency Operations Center; and   [PL 1989, c. 464, §3 (NEW).]
L. Undertake any other actions necessary to accomplish the purposes of this subchapter.   [PL 1989, c. 464, §3 (NEW).]
[PL 1989, c. 464, §3 (NEW).]
3.  Voting.  All votes require a quorum with at least 8 members present.  
[PL 1989, c. 464, §3 (NEW).]
SECTION HISTORY
PL 1989, c. 464, §3 (NEW). RR 1995, c. 2, §96 (COR). PL 2003, c. 689, §B7 (REV). PL 2023, c. 62, §§1-7 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public.
If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes · 7 State House Station · State House Room 108 · Augusta, Maine 04333-0007
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