D. During a declared energy emergency, the following provisions relating to environmental rules apply.

(1) Except as provided in subparagraph (2), nothing contained in this subsection may be construed to authorize the Governor to suspend or to modify orders, rules, standards or classifications issued or enforced by the Department of Environmental Protection or the Maine Land Use Regulation Commission.

(2) When an energy emergency proclamation is in effect, the Governor may call the Board of Environmental Protection into extraordinary session to consider temporary waivers or suspensions of rules and standards related to air and water quality necessary to relieve then existing energy shortages. At an extraordinary session, the board is empowered, notwithstanding any other provision of law, to approve suspensions or waivers which that it determines are necessary to relieve or avoid an energy shortage and will not result in environmental degradation of a permanent or enduring nature. In no event may any suspension or modification be granted which that will result in a circumvention of Title 38, sections 481 to 488, 541 and 557. The waiver or suspension shall may not remain in effect longer than 60 days or after the date on which the board renders a further order issued pursuant to the regular procedures specified in Title 38, whichever shall first occur occurs.

E. The Superior Court of the county in which a person fails to obey an order or rule promulgated in accordance with this subsection shall have has jurisdiction to issue a restraining order or injunction to enforce the order or rule. That proceeding shall must be held in accordance with the Maine Rules of Civil Procedure, Rule 65.

F. In the event that an order or rule issued by the Governor, pursuant to the powers granted in paragraph B, are to be in effect for longer than 90 days, the Governor shall, before the 80th day following the issuance of the order or rule, convene the Legislature.

Sec. 79. 37-B MRSA §744, sub-§1, ¶C, as enacted by PL 1983, c. 460, §3, is amended to read:

C. Notwithstanding any other provision of law or regulation, make financial grants to meet necessary expenses or serious needs of individuals or families caused by the disaster which that cannot otherwise adequately be met. A grant to an individual or family shall may not exceed $5,000 in the aggregate for any single major disaster declared by the President the amount established by the Federal Government for the limit on grants to individuals under the individual and family grant program.

Sec. 80. 37-B MRSA §744, sub-§5, as enacted by PL 1983, c. 460, §3, is amended to read:

5. Terms. As used in this section, "major disaster," "emergency" and "temporary housing" have the same meaning as in the United States Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1974, Public Law 93-288, as amended.

Sec. 81. 37-B MRSA c. 13, sub-c. III is amended by repealing the subchapter headnote and enacting the following in its place:

SUBCHAPTER III

LOCAL EMERGENCY MANAGEMENT PROGRAMS

Sec. 82. 37-B MRSA §781, as amended by PL 1987, c. 370, §16, is further amended to read:

§781. Municipal, county and regional agencies

1. Municipal or interjurisdictional agencies. Each municipality of the State shall must be served by a municipal or interjurisdictional agency responsible for disaster preparedness and coordination of disaster response emergency management. The Governor, after public hearing, shall determine those municipalities which shall establish civil emergency preparedness agencies of their own and those which shall participate in and provide support for interjurisdictional civil emergency preparedness agencies. Those determinations shall be based on a finding that efficient and effective disaster prevention, preparedness, response and recovery will be promoted by formation of an interjurisdictional agency. The following factors shall be considered:

A. Size and density of the affected population;

B. Financial ability of the separate municipalities to maintain independent disaster assistance agencies; and

C. Vulnerability of the area to disaster, as evidenced by past disasters, topographical features, drainage characteristics, disaster potential and existence of disaster-prone facilities and operations.

2. County or regional agencies. The Governor shall designate the counties or regions he deems necessary for the purposes of establishing county or regional civil emergency preparedness agencies. Each county shall maintain a county emergency management agency or create regional emergency management agencies that serve the member counties. Each designated county or regional agency shall be is responsible for coordination of the activities of municipal and interjurisdictional civil emergency preparedness management agencies within the region or county and for civil emergency preparedness management in the unorganized territories within its jurisdiction. A county or regional civil emergency preparedness management agency shall must receive support from the municipalities within its jurisdiction.

3. Structure of county and regional agencies. The director, with the approval of the Governor, shall determine advise upon the organizational structure of interjurisdictional county and regional civil emergency preparedness management agencies, including the manner in which the directors of those agencies shall be are appointed by governing bodies of the municipalities jurisdictions involved.

4. List of agencies. The agency shall publish and maintain a current list of municipal, interjurisdictional, county and regional civil emergency preparedness management agencies established pursuant to this section.

Sec. 83. 37-B MRSA §782, as amended by PL 1991, c. 376, §66, is further amended to read:

§782. Agency directors

A director must be appointed for each local civil preparedness municipal and county or regional emergency management agency. A director of a civil an emergency preparedness management agency may not be at the same time an executive officer or member of the executive body of a municipality or interjurisdictional or county or regional agency of the State or a county commissioner. Notwithstanding this section or any other law, a town manager or administrative assistant may also be appointed to serve as the director of a

civil an emergency preparedness management agency or as a liaison officer. A director may be removed by the appointing authority for cause.

1. Municipal emergency management director. The municipal officers shall appoint the director of the municipality's civil emergency preparedness management agency. In each municipality that is has not required to establish established an agency of its own, the municipal officers shall designate a liaison officer to the appropriate interjurisdictional agency an emergency management director to facilitate cooperation in the work of disaster prevention mitigation, preparedness, response and recovery. The emergency management director shall serve as liaison to the appropriate county or regional agency.

2. County agency director. The county commissioners shall appoint the director of that county's civil emergency preparedness management agency.

3. Interjurisdictional and regional agency directors. The director of an interjurisdictional or regional civil emergency preparedness management agency shall must be appointed in the manner prescribed by the director in accordance with section 781, subsection 3, and shall be approved by the director.

4. Annual meeting with Director of the Maine Emergency Management Agency. The director of each local county or regional organization for civil emergency preparedness management in the State and the respective appointing authority shall meet each year with the Director of the Maine Emergency Management Agency or the agency's successor, in order to review the performance of the local civil county or regional emergency preparedness management organization in carrying out its federal and state mandate and to jointly set new goals for the coming year.

Sec. 84. 37-B MRSA §783, first ¶, as amended by PL 1987, c. 370, §17, is further amended to read:

Each municipal, interjurisdictional, county and regional civil emergency preparedness management agency, in consultation with the agency, shall prepare and keep a current disaster emergency plan for the area subject to its jurisdiction. That plan shall must include without limitation:

Sec. 85. 37-B MRSA §783, last ¶, as enacted by PL 1983, c. 460, §3, is amended to read:

Each municipal, interjurisdictional, county and regional civil emergency preparedness management agency, as part of the development of a disaster emergency plan for the area subject to

its jurisdiction, shall consult with hospitals within its jurisdiction to insure that the disaster plans developed by the municipality or agency and the hospitals are compatible.

Sec. 86. 37-B MRSA §784, first ¶, as enacted by PL 1983, c. 460, §3, is amended to read:

The director of each local organization for civil emergency preparedness management shall, in collaboration with other public and private agencies within the State, develop or cause to be developed mutual aid arrangements for reciprocal civil emergency preparedness management aid and assistance in case of a disaster too great to be dealt with unassisted. These arrangements shall must be consistent with the state civil emergency preparedness management program, and in time of emergency it shall be the duty of each local organization for civil emergency preparedness to management shall render assistance in accordance with the mutual aid arrangements. For this purpose, political subdivisions are authorized when geographical locations make mutual aid arrangements desirable to enter into mutual aid arrangements subject to the approval of the director.

Sec. 87. 37-B MRSA §785, first ¶, as amended by PL 1985, c. 785, Pt. B, §176, is further amended to read:

Local civil emergency preparedness management agencies organized pursuant to this subchapter may accept the services of the Bureau of Human Resources and adopt board rules for the purpose of qualifying for federal funds. The Bureau of Human Resources may enter into agreements with the civil emergency preparedness management agencies for the purpose of furnishing merit system coverage for civil emergency preparedness management employees or employees of other agencies and departments assigned full time to civil emergency preparedness management duties. The Bureau of Human Resources may charge for services rendered. The fee shall must be consistent with the cost of coverage per state employee multiplied by the number of local, interjurisdictional, county or regional employees covered. Fees received by the board shall must be credited to the General Fund.

Sec. 88. 37-B MRSA §822, first ¶, as corrected by RR 1993, c. 1, §110, is amended to read:

Neither the State nor any of its agencies or political subdivisions, including a voluntary and uncompensated grantor of a permit for the use of the grantor's premises as a civil an emergency preparedness shelter, may, while engaged in any civil emergency preparedness 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.

Sec. 89. 37-B MRSA §823, first ¶, as amended by PL 1995, c. 462, Pt. A, §72, is further amended to read:

All members of the civil emergency preparedness management forces are deemed to be employees of the State while on, or training for, civil emergency preparedness management duty. They have all the rights given to state employees under the former 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 former Workers' Compensation Act or the Maine Workers' Compensation Act of 1992.

Sec. 90. 37-B MRSA §823, sub-§2, as amended by PL 1995, c. 462, Pt. A, §72, is further amended to read:

2. Setoff. Any sums payable under any act of Congress or other federal program as compensation for death, disability or injury of civil emergency preparedness 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.

Sec. 91. 37-B MRSA §824, sub-§2, as enacted by PL 1983, c. 460, §3, is amended to read:

2. For local emergency management expenses. Each political subdivision may make appropriations for the payment of expenses of its local organization for civil emergency preparedness 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.

Sec. 92. 37-B MRSA §825, first ¶, as enacted by PL 1983, c. 460, §3, is amended to read:

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 civil emergency preparedness 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.

Sec. 93. 37-B MRSA §826, first ¶, as amended by PL 1983, c. 816, Pt. B, §18, is further amended to read:

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 civil emergency preparedness management purposes. The conveyance shall be is subject to the terms of the offer and the applicable state rules and federal regulations.

Sec. 94. 37-B MRSA §829, first ¶, as enacted by PL 1983, c. 460, §3, is amended to read:

It shall be is the duty of every agency for civil emergency preparedness 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 civil emergency preparedness management agency shall must have available for inspection at its office all orders and rules made by the Governor or issued under his the Governor's authority.

Sec. 95. 37-B MRSA §831, first ¶, as enacted by PL 1983, c. 460, §3, is amended to read:

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 the political subdivisions thereof 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 civil emergency preparedness management organizations of the State upon request.

Sec. 96. 37-B MRSA §832, first ¶, as enacted by PL 1983, c. 460, §3, is amended to read:

No civil emergency preparedness management organization established under the authority of this chapter may participate in any form of political activity, nor may it be employed directly or indirectly for political purpose.

Sec. 97. 37-B MRSA §850, as enacted by PL 1989, c. 489, §4, is amended to read:

§850. Search and rescue plan

The Director of the Maine Emergency Management Agency shall prepare 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 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 plan. This plan shall be completed no later than June 30, 1990. All other search and rescue agencies shall cooperate with the agency in preparation of this plan. Responsibility for execution of the plan shall be 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 shall 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 plan.

Sec. 98. 37-B MRSA §1080, sub-§2, ¶¶A, K and L, as enacted by PL 1997, c. 236, §2, are amended to read:

A. The Commissioner of Defense and Veterans' Services Director of the Maine Emergency Management Agency or the commissioner's director's designee;

K. Representatives from private commerce and industry, including but not limited to the major hydroelectric power generators, as determined by the cochairs of the commission; and

L. A representative of the public, appointed by the Governor.; and

Sec. 99. 37-B MRSA §1080, sub-§2, ¶M is enacted to read:

M.__The Commissioner of Human Services or the commissioner's designee.

Sec. 100. 37-B MRSA §1080, sub-§§3 and 4, as enacted by PL 1997, c. 236, §2, are amended to read:

3. Cochairs. The District Chief of the United States Geological Survey Water Resources Division Maine District Office and the Commissioner of Defense and Veterans' Services Director of the Maine Emergency Management Agency or the commissioner's director's designee shall act as cochairs of the commission.

4. Terms of office. The term of office of the public member is 5 years. The public member may be removed from office for cause by the Governor. Members from State Government or Federal Government shall serve a term coincident with their governmental position. The term of a representative from the major hydroelectric power generators is 5 years. Members from private commerce and industry shall serve a term as determined by the entities they represent.

Sec. 101. 37-B MRSA §1080, sub-§10, ¶A, as enacted by PL 1997, c. 236, §2, is amended to read:

A. Advise the Department of Defense and Veterans' Services, Veterans and Emergency Management and the Governor on issues of flow within the State's rivers and streams;

SUMMARY

This bill makes technical language changes throughout the Department of Defense, Veterans and Emergency Management's legislation, modifies the Maine Code of Military Justice, authorizes the sale of 2 armories in accordance with established procedures, fortifies reemployment rights of service members, redesignates veteran service officers to veteran advocates and modifies the mechanism by which the Governor declares a state of emergency.