2005 Maine Code - §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 permanent designee; [1989, c. 464, §3 (new).]    
B. The Commissioner of Health and Human Services or the commissioner's permanent designee; [1989, c. 464, §3 (new); 2003, c. 689, Pt. B, §7 (rev).]    
C. The Director of Maine Emergency Medical Services, Department of Public Safety, or the director's permanent designee; [RR 1995, c. 2, §96 (cor).]    
D. The Commissioner of Labor or the commissioner's permanent designee; [1989, c. 464, §3 (new).]    
E. The Commissioner of Transportation or the commissioner's permanent designee; [1989, c. 464, §3 (new).]    
F. The Director of the Maine Emergency Management Agency, who shall serve as chair; [1989, c. 464, §3 (new).]    
G. The Chief of the State Police or the chief's permanent designee; [1989, c. 464, §3 (new).]    
H. A representative, appointed by the Governor, of municipal government; [1989, c. 464, §3 (new).]    
I. A representative, appointed by the Governor, of the Maine Fire Chiefs' Association; [1989, c. 464, §3 (new).]    
J. A representative, appointed by the Governor, of a professional firefighters' union; [1989, c. 464, §3 (new).]    
K. A representative, appointed by the Governor, of private commerce and industry; [1989, c. 464, §3 (new).]    
L. A representative, appointed by the Speaker of the House of Representatives, of volunteer firefighters; [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 [1989, c. 464, §3 (new).]    
N. A representative, appointed by the Speaker of the House of Representatives, of organized labor. [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.
[RR 1995, c. 2, §96 (cor); 2003, c. 689, Pt. B, §7 (rev).]
      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; [1989, c. 464, §3 (new).]    
B. Designate emergency planning districts to facilitate implementation of emergency response plans; [1989, c. 464, §3 (new).]    
C. Provide for the necessary appointment of local emergency planning committees; [1989, c. 464, §3 (new).]    
D. Supervise and coordinate local emergency planning committee activities; [1989, c. 464, §3 (new).]    
E. Review emergency response plans developed by the committees; [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; [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; [1989, c. 464, §3 (new).]    
H. Rule on trade secrets in cooperation with the United States Environmental Protection Agency; [1989, c. 464, §3 (new).]    
I. Monitor, observe, participate in and review certain emergency drills and exercises; [1989, c. 464, §3 (new).]    
J. Review and monitor hazardous materials training programs in the State; [1989, c. 464, §3 (new).]    
K. Conduct joint emergency operations from the State Emergency Operations Center; and [1989, c. 464, §3 (new).]    
L. Undertake any other actions necessary to accomplish the purposes of this subchapter. [1989, c. 464, §3 (new).] [1989, c. 464, §3 (new).]
      3. Voting. All votes require a quorum with at least 8 members present.[1989, c. 464, §3 (new).]

Section History:

PL 1989,  Ch. 464,   §3 (NEW).
RR 1995,  Ch. 2,   §96 (COR).
PL 2003,  Ch. 689,   §B7 (REV).