Code Me. R. — Department of Defense, Veterans, and Emergency Management | Code of Maine Rules — Department of Defense, Veterans, and Emergency Management

15-213 Military Bureau

Chapter 1 Maine Military Family Relief Fund

Code Me. R. 15-213 Ch. 1 Maine Military Family Relief Fund {#sec-15-213-ch.-1 omnilex-key=us-me-regs-official--dept-defense-veterans-and-emergency-management--15-213 Ch. 1}

Summary: This chapter outlines the procedures and requirements for the Maine Military Family Relief Fund established pursuant to 37-B MRSA §158.

Section 1. Purpose.

The Maine Military Family Relief Fund provides emergency assistance to qualified military members and dependants. The Fund is established to provide emergency assistance grants to families of persons who are members of the Maine National Guard or residents of the State who are members of the Reserves of the Armed Forces of the United States who have been called to military duty. The Fund will be administered as best practicable to fully utilize the available funds, in accordance with the criteria set forth in this rule and the extent of the need.

Section 2. Advisory Committee.

The Adjutant General of the State of Maine may establish and appoint members of the Department of Defense, Veterans and Emergency Management to an advisory committee, entitled the Maine Military Family Relief Fund Committee, to assist in administering the Maine Military Family Relief Fund. The Maine Military Family Relief Fund Committee may make recommendations to the Adjutant General for prioritization of payments if available funds are insufficient to address all the financial needs requested; recommend rule changes; and make recommendations to the Adjutant General on requests for grants that exceed $250. The Adjutant General is the final authority to determine to whom and how much assistance, if any, will be provided and is otherwise responsible for overseeing the administration of the Maine Military Family Relief Fund.

Section 3. Eligible Recipients.

The following individuals are eligible to apply for financial assistance:

A. Any member of the Maine National Guard or a resident of the state who is a member of the Reserves of the Armed Forces of the United States who has been called to military duty; and

B. Members of the immediate family and dependants of those personnel identified in paragraph A of this section. For purposes of this paragraph, “immediate family” means spouse and each child of the member of the military, and “dependant” means the parents, grandparents, siblings, stepchildren and adult children of the member of the military provided they have been determined to be ”dependants” by the military as demonstrated by having a military identification card identifying the service member as the sponsor.

Section 4. Application Process.

A. Eligible recipients may apply for funds by submitting a completed application packet containing the following:

(1) A completed application for Maine Military Family Relief Fund (MENG FP - 37), signed by the applicant;

(2) Proof of residency (if applicable);

(3) Proof of military membership and member’s active duty status;

(4) Proof of dependency (if applicable);

(5) Military member’s most current Leave and Earnings Statement (LES) (if available);

(6) Supporting documentation (if applicable), such as car repair estimates, rental agreements, utility bills, bank statements, employment records, etc.

B. Applications must be mailed to: DVEM, Attn: Maine National Guard State Family Program Coordinator, State House Station #33, Augusta, Maine 04333-0033.

Section 5. Grants.

A. Applications for grants will be evaluated according to the criteria set forth in section 6 of this rule subject to the availability of funds and the exercise of the approval authority’s discretion in evaluating the relative priority of requests if funds are not sufficient to satisfy all eligible requests.

B. Grants may be made for purposes such as: food, rent, utilities, emergency transportation and vehicle repair, funeral expenses, medical/dental expenses, short term personal needs when pay is delayed or stolen, emergency home repairs necessary to maintain habitability of essential areas (not for home improvements), as well as other emergency needs at the discretion of the approval authority.

C. Regardless of availability, funds shall not be used to:

(1) Help pay for nonessential items;

(2) Finance ordinary leave or vacation;

(3) Pay fines or legal expenses;

(4) Help liquidate or consolidate debt;

(5) Assist with house purchase or home improvements;

(6) Cover bad checks or pay credit card bills;

(7) Establish credit for mortgages or car loans.

Section 6. Evaluation criteria

The criteria that will be considered in determining whether to approve applications for financial assistance include:

A. Nature of assistance requested;

B. Degree of financial hardship:

(1) Current family income;

(2) Current debts and obligations;

(3) Number of dependants.

C. Causal connection between financial hardship and military member’s active duty status:

(1) Change in income (based on military active duty);

(2) Changes in employment and income status of dependants related to military member’s active duty status;

(3) Increased expenses due to military member’s active duty;

(4) Military pay problems;

(5) Other issues of financial hardship related to military member’s active duty.

D. Bankruptcy filed or pending;

E. Pending Disciplinary Action (military member only);

F. Length of military duty;

G. Other aid available and/or received;

H. Amounts and date of any funds previously awarded to the applicant from this fund.

Section 7. Approval process.

The following shall have authority to act on requests for financial assistance, unless otherwise restricted by the Adjutant General:

Level 1 –Requests for grants of up to $250 may be acted upon by the Maine National Guard State Family Program Coordinator;

B. Level 2 - - Requests for grants in excess of $250 will be reviewed by the Maine Military Family Relief Fund Committee and the Committee will make a recommendation on the request to the Adjutant General. Only the Adjutant General (or by the Deputy Commissioner in the absence of the Adjutant General) may approve a grant that exceeds $250 .

Section 8. Appeals and Reconsideration.

An applicant for assistance who is aggrieved by the decision of the approval authority on a Level 1 request may appeal that decision. All appeals must be in writing, and must state the basis for the appeal. All appeals must be mailed to: DVEM, ATTN: Maine National Guard State Family Program Coordinator State House Station #33, Augusta, ME 04333-0033.

Level 1 appeals will be reviewed by the Maine Military Family Relief Fund Committee. The Maine Military Family Relief Fund Committee will provide a recommended decision to the Adjutant General on the appeal. The Adjutant General will review the appeal and the recommended decision from the Maine Military Family Relief Fund Committee and issue a final decision. Decisions will be issued in writing and will include a statement of the reasons for granting or denying the appeal.

An applicant for assistance who is aggrieved by a decision of the Adjutant General denying or partially denying a Level 2 request for a grant or an appeal of a Level 1 request may request the Adjutant General to reconsider that decision. Requests for reconsideration must be in writing, and must state the basis for reconsideration. The decision of the Adjutant General whether to partially or fully grant or deny the request for reconsideration is final.

Section 9. Reporting Requirements.

A. The Maine National Guard Family Program Coordinator shall compile a quarterly report to the Adjutant General of all funds expended. The report shall contain information as to the military sponsor, military unit of the sponsor, rank of the military member, the amount of money provided, and the general reason for the award of funds, as well as any other information requested by the Adjutant General.

B. The Adjutant General shall compile and report to the Joint Standing Committee of the Legislature for Legal and Veterans Affairs each year a summary report of the number of grants awarded, the range of grants and the average amount of each grant.

History

STATUTORY AUTHORITY: 37-B M.R.S.A. §158
EFFECTIVE DATE: September 3, 2005 – filing 2005-351
EFFECTIVE DATE: 15-213 Chapter 1 page 2

Chapter 2 Registration of Private Educational Institutions to Participate in the Maine National Guard Education Assistance Program

Code Me. R. 15-213 Ch. 2 Registration of Private Educational Institutions to Participate in Maine National Guard Education Assistance Program {#sec-15-213-ch.-2 omnilex-key=us-me-regs-official--dept-defense-veterans-and-emergency-management--15-213 Ch. 2}

Summary: This rule establishes the process to govern the registration by the Military Bureau of private, non-profit, postsecondary education institutions to participate in the tuition benefit program for eligible members of the Maine National Guard established pursuant to Title 37-B M.R.S. §§ 352, 352-A, 353-B and 357.

Definitions

Department. “Department” means the Maine Department of Defense, Veterans and Emergency Management.

Bureau. “Bureau” means the Military Bureau of the Maine Department of Defense, Veterans and Emergency Management.

Institution. “Institution” means an established private, non-profit entity with a physical campus located within the state of Maine which awards post-secondary degrees and is regionally or nationally accredited by an accreditation body recognized by the United States Department of Education.

Fund. “Fund” means the “Maine National Guard Post-Secondary Fund” established pursuant to Title 37-B, section 353-A.

Student. “Student” means any member of the Maine National Guard who meets the eligibility criteria of the Maine National Guard Education Assistance Program set forth in Title 37-B section 354.

SECTION 2. Registration Criteria

Programs to prepare students for postsecondary education are not eligible to register to participate in this program. In order to be registered to participate in his program, each Institution must meet the following criteria:

Student records. The Institution agrees to review with the Military Bureau annually student records of any National Guard member who is enrolled and receiving a tuition benefit, in order to verify the student’s compliance with the requirements set forth in Title 37-B section 354. Such review must be conducted in compliance with the Family Educational Rights and Privacy Act (“FERPA”).
Campus Location and Assistance. The Institution must have a campus located in Maine which provides classroom instruction as well as staff able to provide administrative assistance and counseling, as needed, to eligible Maine National Guard members.
Tuition Rate. If the Institution has separate in-state and out-of-state tuition rates, the Institution agrees to charge any student who qualifies for the Maine National Guard Education Assistance Program their in-state rate.
Tuition Benefit Cap. The Institution accepts and agrees that the tuition assistance amount provided to a student by the Bureau from the Fund is capped at the University of Maine at Orono’s in-state tuition rate per credit hour for the previous academic year.
Application of Other Forms of Financial Aid. The Institution agrees to apply the following forms of financial aid for tuition for which the student is eligible to the student’s tuition balance prior to invoicing the Bureau for the tuition benefit from the Fund: 1. a Federal Pell Grant; 2. any tuition reimbursements or financial assistance from an employer other than in the form of loans; 3. any federal military tuition assistance funds, other than in the form of loans, including but not limited to any tuition award from the Post 9/11 GI Bill, if applicable; and 4. any other form of tuition assistance that is not in the form of a loan.
Waiver. The Institution acknowledges that monies available in the Fund are limited to the amounts allocated by the Legislature or by the Adjutant General, pursuant to Title 37-B, section 353-A, and further agrees that if there are insufficient monies in the Fund in a given fiscal year to cover the student’s tuition balance, the Institution will waive any remaining tuition balance due from the student up to the amount of the current year’s tuition benefit cap as defined in Section 2(4). Tuition costs over and above this cap would be the responsibility of the student.

SECTION 3. Registration Approval

Initial Notice of Opportunity to Register. The Bureau will send a written notice within thirty days of the effective date of this rule, to all qualified Institutions known to the Bureau, inviting them to submit a written statement of intent to register to participate in the program for the period from January 2019 through June of 2019.

Notice in Subsequent Years. The Bureau will send a written notice by June 1, 2019 and on or before June 1 of each subsequent calendar year, to all qualified Institutions known to the Bureau, inviting them to submit a written request to register or to continue their registration for the upcoming academic year.

Request to Register. Each eligible Institution that wishes to register for the program for the remainder of the 2019-2020 academic year must submit a written request no later than July 1,2019. Each Institution that wishes to register or continue its registration for a subsequent academic year must submit a written request to the Bureau on or before July 1^st. Any request must be submitted on the Institution’s letterhead and must state the Institution’s intention to participate in the program and its commitment to comply with the criteria described in Section 2 of this rule.

Review and Approval. The Bureau will review each written request to register or to continue to be registered and, if it finds that the Institution meets the criteria for registration, will respond on Bureau letterhead that the Institution is registered and thereby eligible to participate in the program for the upcoming academic year. If, for any reason, the Bureau concludes that the Institution is not eligible to be registered, or that the Institution’s request cannot be granted without more information, the Bureau must notify the Institution of its findings and provide an opportunity for the Institution to supplement its request.

Notice of Withdrawal. If the Institution was registered for the previous academic year but does not wish to remain registered for the upcoming academic year, it must submit a written statement withdrawing from the program by July 1^st.

History

STATUTORY AUTHORITY: 37-B M.R.S. §§ 352, 352-A, 353-B and 357
EFFECTIVE DATE: May 13, 2019 – filing 2019-075

15-214 Maine Emergency Management Agency (MEMA)

Chapter 1 Primary Secondary Planning Zone; Ingestion Pathway Zone Near Nuclear Power Plant (7.5 megabytes)

Code Me. R. 15-214 Ch. 1 Rules for Establishing a Primary/Secondary Emergency Planning Zone (epz) and an Ingestion Pathway Zone. {#sec-15-214-ch.-1 omnilex-key=us-me-regs-official--dept-defense-veterans-and-emergency-management--15-214 Ch. 1}

Summary: This chapter defines and establishes the primary EPZ and the secondary EPZ for each nuclear power plant in this state or adjacent to the borders of this state. Additionally, this chapter defines and establishes an Ingestion Pathway Zone for any nuclear power plant in this state or adjacent state or province. This chapter also establishes the levels of emergency preparedness necessary in the primary EPZ, secondary EPZ and the Ingestion Pathway Zone(s).

Section 1. Delineation of primary, secondary EPZ and Ingestion Pathway Zone adjacent to nuclear power plants.

A. Definitions

Primary EPZ

The primary EPZ is a generic area around a commercial nuclear power plant which is used to assist in off-site emergency planning and the development of a significant response base. Within this zone specific and unique emergency plans will be required for each city/town located in the EPZ. Each plan will contain recommended protective actions and will address those actions deemed necessary to either shelter in place, partially or totally evacuate a portion or the entire zone. This geographic area will be about a ten (10) mile radius around any nuclear power plant recognizing existing natural boundaries and/or geopolitical boundaries.

Secondary EPZ

The secondary EPZ will be defined as those cities/towns beyond the primary EPZ where protective actions may be required if an accident occurs at a nuclear power plant. These unique plans will contain specific information as to alert and warning, sources of additional information, recommended drills, tests and exercises for local officials. This area will be defined using appropriate natural boundaries and existing geopolitical boundaries and will approximate a 20 mile radius. A secondary EPZ will be defined for all nuclear power plants in this state or in adjacent states or provinces.

Ingestion Pathway Zone

The Ingestion Pathway Zone is defined as an area commencing at a nuclear power plant site and extending in a radius of fifty (50) miles from the plant site in this state, adjacent state or province. This area is further defined as that area where an individual may incur exposure caused by ingestion of radiologically contaminated water or foods such as milk and fresh vegetables. One unique plan will be required for each zone. The State of Maine could be affected by three (3) nuclear power plants.

MEMA (Maine Emergency Management Agency

B. The primary EPZ is defined as that area in which the Following cities/towns are located: Alna, Arrowsic, Bath, Boothbay, Boothbay Harbor, Dresden, Edgecomb, Georgetown, Newcastle, Phippsburg, Southport, West Bath, Westport, Wiscasset and Woolwich. Each of these communities and the concerned county government will require a unique radiological Emergency Operations Plan (EOP) which at a minimum will address the following topics: purpose, authority, planning basis, organization and responsibilities, implementation, concept of operations, protective actions, executive summary, resource data, and detailed maps illustrating notification routes and recommended evacuation routes. In addition to these plans it will be necessary to draft and promulgate specific emergency plans for each host community. These communities include Auburn, Lisbon, Cumberland, Falmouth, Freeport, Yarmouth, Augusta, Chelsea, China, Hallowell, Camden, Rockland and Thomaston. All elected and appointed local officials will be required to participate in all MEMA briefings, tests, drills and exercises which are conducted to improve the radiological preparedness of all cities/towns located in the EPZ. Their participation is essential to ensure that the citizen and visitor alike are properly advised, protected, sheltered and evacuated, if required.

C. The secondary EPZ is defined as that area in which the following cities/towns are located: Bowdoinham, Bristol, Brunswick, Damariscotta, Harpswell, Jefferson, Nobleboro, Pittston, Perkins Township (Swans Island), Topsham, Richmond, South Bristol and Whitefield. Each of the above communities and the concerned county governments) will have a unique radiological emergency plan which will contain as a minimum the following: alert and warning methods, emergency public information, protective actions, sources of additional information and appropriate maps of the area. All elected and appointed officials in these communities will be expected to participate in all MEMA sponsored briefings, tests, drills and exercises. This action is considered essential if off-site radiological preparedness is to be obtained and maintained in the secondary EPZ.

D. The Ingestion Pathway Planning Zone is that area which commences at a nuclear plant boundary and will terminate approximately Fifty (50) miles from any nuclear power plant in this state, adjacent state or province. One unique plan will be developed and promulgated For each nuclear power plant. This plan will specify where, what and when protective actions are required in connection with food production, distribution, storage, and consumption due to the potential release of radiation from a nuclear power plant.

An Ingestion Pathway Plan will be developed for the Maine Yankee Nuclear Power Plant, Wiscasset, Maine; Seabrook Nuclear Power Plant, Seabrook, New Hampshire; and, Point Lepreau, Pt. Lepreau, New Brunswick, Canada,

As a minimum these plans will contain the following topics: purpose, basis, emergency planning zones, protective action guides, concept of operations, description, agency roles and responsibilities, protective response, milk control, water control, food control, decision process for selection of protective actions for ingestion pathway exposures, protective actions, public information facilities, authorities, emergency response support, glossary and references, New England Compact, New England Interstate Radiation Assistance Plan, and standard procedures for field operations, land use data, emergency response team members, farmer notification personnel procedures and other topics considered essential. Elected and appointed county officials as well as county emergency managers, first responders and public safety officials will participate in all MEMA sponsored briefings, tests, drills and exercises.

E. Establishment of EPZ's

The Director of MEMA has established by rule the following EPZ's:

a. Primary EPZ

Primary EPZ For the Maine Yankee Nuclear Generating Plant will consist of the following cities and towns: Alna, Arrowsic, Bath, Boothbay, Boothbay Harbor, Dresden, Edgecomb, Georgetown, Newcastle, Phippsburg, South Bristol, Southport, West Bath, Westport, Wiscasset and Woolwich. Detailed protective action plans will be developed, promulgated, updated and maintained an file for each community by elected and appointed officials plus public safety officials and Emergency Management Agency personnel. These organizations will participate in all state sponsored radiological briefings, tests, drills and exercises.

b. Secondary EPZ

The secondary EPZ for the Maine Yankee Nuclear Generating Plant will consist of the Following cities and towns: Bowdoinham, Bristol, Brunswick, Damariscotta, Harpswell, Jefferson, Nobleboro, Pittston, Perkins Township, Topsham, Richmond, and Whitefield. The secondary EPZ for Maine cities and towns that could be affected by an accident at Seabrook, N.H., Nuclear Power Plant are: Elliot, Kittery and York. A secondary EPZ is not required in Washington County, Maine, because Eastport, Maine, is twenty-seven (27) miles from the Pt. Lepreau Nuclear Power Plant located in New Brunswick, Canada. Radiological plans for these "Informational Zone(s)" will be developed, promulgated, updated and maintained by MEMA and maintained on file by concerned public officials. At a minimum these unique plans will address the following topics: purpose, authority, planning basis, concept of operations, emergency action levels, implementation, resource data, area maps and glossary of terms.

Concerned elected and appointed officials and Emergency Management Agency personnel will participate in all MEMA sponsored radiological briefings, tests, drills and exercises.

c. Ingestion Pathway Zone

An Ingestion Pathway Zone will be a circle of a radius not less than fifty (50) miles centered on any nuclear power plant located in this state, adjacent state or province. Unique contingency plans will be developed and will specify where and when protective actions are required in connection with food production, distribution, storage and consumption due to the potential release of radiation from a nuclear power plant. Unique plans will be required for Maine Yankee, Wiscasset, Maine, Seabrook, N.H., and Pt. Lepreau, New Brunswick, Canada.

F. Discussion of the Basis for This Rule

Subsequent to the accident at Three Mile Island, the federal government convened several task forces and committees to study the potential threat of nuclear power plants to the residents living in relative close proximity to nuclear plant sites.

Specifically, emergency plans, protective actions, sources of emergency information and the need to evacuate were all issues which were extensively analyzed.

The U.S. Nuclear Regulatory Commission and U.S. Environmental Protection Agency (EPA) concluded that the planning basis for the development of state and local government radiological emergency response plans should recognize two planning standards. These standards are described in the following federal documents.

NUREG-0396 - "Planning Basis for the Development of State and Local Government Radiological Emergency Response Plans in Support of Light Water Nuclear Power Plants"
NUREG-0654 - "Criteria for Preparation and Evaluation of Radiological Emergency Response Plans and Preparedness in Support of Nuclear Power Plants"

The first planning standard is the EPZ, which is an area about ten (10) miles around any nuclear power plant. This area must recognize the existence of natural boundaries and geopolitical boundaries. This area requires very detailed plans which describe specific actions based on an ever increasing threat to the population at risk. This area is frequently referred to as "the plume exposure pathway".

The second planning standard is the Ingestion Zone. This is generally accepted as an area commencing at the nuclear power plant site and extending in a radius of Fifty (50) miles from the plant site. The population in this area could receive exposure from the ingestion of contaminated water or foods such as milk or fresh vegetables. The possible duration of exposure risk could last several weeks. Each area requires a unique plan which relates primarily to protective actions relating to food consumption. One plan is acceptable for many cities and towns.

Federal guidance also addresses the need to expand state level emergency planning beyond the primary EPZ in the event that off-site radiation is carried a considerable distance down wind.

Based an the testimony received at the public hearing held on August 18, 1987, it was indicated that Maine state government will be the principal coordinator in the event any nuclear power plant in this state, in an adjacent state or province experiences a serious accident, and off-site radiation occurs.

Most of the cities/towns in the State of Maine have limited resources and generally do not have highly trained individuals who thoroughly understand all aspects of nuclear power or the consequences of off-site radiation on people, animals or food products.

Therefore, it is reasonable to assume that an additional response base should be established some finite distance beyond the primary EPZ. This will provide an extra margin of safety to all citizens and all levels of government which may be called upon to maintain the public health on extremely short notice.

Consequently, MEMA has established by rule a secondary or "Informational Planning Zone" which can be activated in the event off-site radiation occurs at a nuclear power plant. Therefore, a secondary EPZ has been established For Maine Yankee Nuclear Power Plant and Seabrook, New Hampshire.

A secondary EPZ is not needed for Washington County, Maine, because Eastport, Maine, is twenty-seven (27) miles from the Point Lepreau plant site.

An Ingestion Pathway Planning Zone and Plan is considered necessary for both Maine Yankee and the Seabrook Nuclear Power Plant.

G. Promulgation of Emergency Plans

Director, MEMA, will ensure that all federal, state, county, local, elected and appointed officials receive a copy of these emergency plans.

H. Review of Emergency Plans

The Director of MEMA will ensure that all Radiological Emergency Operations Plans in the primary EPZ, secondary EPZ and the Ingestion Pathway Zone are reviewed and updated every two years and changes issued whenever it is apparent that improvement in procedures or data is necessary. This action will be reviewed and approved by the Radiological Emergency Preparedness Committee.

I. Basis Statement

The EPZ's were developed and defined by MEMA to ensure that state, county and local governments develop, attain and maintain a satisfactory level of radiological preparedness. These unique activities will help ensure that the safety and needs of Maine citizens are maintained in the event a nuclear power plant accident occurs in this state, adjacent state or province.

History

STATUTORY AUTHORITY: 37-B M.R.S.A., Chapter 17, Section 901
EFFECTIVE DATE: February 1, 1988
EFFECTIVE DATE (ELECTRONIC CONVERSION): May 13, 1996
NON-SUBSTANTIVE CHANGES: January 28, 1999 - converted to Microsoft Word.
NON-SUBSTANTIVE CHANGES: March 23, 1999 - minor spelling and formatting; attachments (zone maps) added.
NON-SUBSTANTIVE CHANGES: March 5, 2001 - altered page breaks to avoid blank pages
NON-SUBSTANTIVE CHANGES: 15-214 Chapter 1 page 10

Chapter 2 Rules for Establishing Fees for Reporting under the Superfund Amendments and Reauthorization At of 1986 and title 37-B Sec. 801, M.R.S. Chapter 13

Code Me. R. 15-214 Ch. 2 RULES FOR ESTABLISHING FEES FOR REPORTING UNDER THE SUPERFUND AMENDMENTS AND REAUTHORIZATION ACT OF 1986 AND TITLE 37-B Sec. 801, M.R.S.A., CHAPTER 13. {#sec-15-214-ch.-2 omnilex-key=us-me-regs-official--dept-defense-veterans-and-emergency-management--15-214 Ch. 2}

Summary: This chapter establishes the amounts to be paid by facility owners and operators for registration, inventories and releases of hazardous materials in the State of Maine as reported to the State Emergency Response Commission pursuant to the Superfund Amendments and Reauthorization Act of 1986 and Title 37-B Sec. 801 , M.R.S.A., Chapter 13.

Section 1: Fees for Reporting Hazardous Materials

A. Definitions

Extremely hazardous substance: "Extremely hazardous substance" shall have the meaning set forth in the Superfund Amendments and Reauthorization Act of 1986 , Public Law 99-499, Title III, Section 302, and listed in 40 Code of Federal Regulations , Part 355.
Hazardous chemical: "Hazardous chemical" shall mean all chemicals defined as such under, 40 Code of Federal Regulations , Part 355.20.
Hazardous material: "Hazardous material" shall mean all chemicals and chemical categories defined as extremely hazardous substances and hazardous chemicals in 40 Code of Federal Regulations Part 355.20 and toxic chemicals in 40 Code of Federal Regulations , Part 372.3.
MEMA: Maine Emergency Management Agency.
SARA: Superfund Amendments and Reauthorization Act of 1986 , Public Law 99-499, Title III, known as the Emergency Planning and Community Right-to-Know Act.
SERC: State Emergency Response Commission.
Threshold planning quantity: "Threshold planning quantity" shall have the meanings set forth in the Superfund Amendments and Reauthorization Act of 1986 , Public Law 94-499, Title III, Sections 302 and 313, and listed in 40 Code of Federal Regulations , Parts 355, 370, and 372.
Title 37-B: Title 37-B, M.R.S.A., Chapter 13, Public Law 464.
Toxic chemical: "Toxic chemical" shall have the meaning set forth in the Superfund Amendments and Reauthorization Act of 1986 , Public Law 94-499, Title III, Section 313, and listed in 40 Code of Federal Regulations , Part 372.

B. Reporting Fee Rules

The Director of MEMA establishes by rule the following reporting fee guidelines for hazardous materials reported to the SERC under SARA and Title 37-B.

Reporting Fees: The reporting fee shall consist of the following, sections:

a. Registration Fee

All facility owners and operators who must comply with Sections 311, 312, and/or 313 of SARA, and Section 796, 797, and/or 799 of Title 37-B shall annually, on or before March 1, pay a registration fee of $50 $100, for the previous calendar year.

b. Section 312/Section 797 Extremely Hazardous Substance Fees

All facility owners and operators who maintain inventories of extremely hazardous substances and must report those inventories pursuant to SARA §312 and Title 37-B, §797 shall pay a fee for each extremely hazardous substance based upon the weight of the total average daily amounts present at their facility during the previous calendar year. The following scale shall be used for assessing those fees:

< 99 lbs. $30

100-999 lbs. $75

1,000-9,999 lbs. $100

10,000-99,999 lbs. $150

100,000-999,999 lbs. $225

1,000,000 lbs. $300

Fees will be paid at the time of reporting, on or before March 1 annually, for the previous calendar year.

c. Section 312/Section 797 Hazardous Chemical Fees

All facility owners and operators who maintain inventories of hazardous chemicals and must report those inventories pursuant to SARA §312 and Title 37-B, §797 shall pay a fee for each hazardous chemical based upon the weight of the total average daily amounts present at their facility during the previous calendar year. The following scale shall be used for assessing those fees:

0-9,999 lbs. $0

10,000-99,999 lbs. $75

100,000-999,999 lbs. $100

1,000,000 lbs. $200

Fees will be paid at the time of reporting, on or before March 1 annually, for the previous calendar year.

Retail marketers of petroleum products reporting inventories of petroleum products shall enjoy a fee exemption for all products with average daily amounts which total 75,000 pounds or less present at their facility during the previous calendar year. For retail petroleum marketers, the following scale shall be used for assessing hazardous-chemical fees:

0-75,000 lbs. $0

75,001-99,999 lbs. $75

100,000-999,999 lbs. $100

1,000,000 lbs. $200

Fees will be paid at the time of reporting, on or before March 1 annually, for the previous calendar year.

For the purposes of this rule, "retail marketer of petroleum products" shall mean facility owner and operators who sell petroleum products at retail for consumer use.

d. Section 313/Section 799 Toxic Release Fees

All facility owners and operators who manufacture, process, or otherwise use toxic chemicals above established threshold planning quantities and must annually report their routine and accidental releases and amount transferred off-site on the Toxic Release Inventory Reporting Form R shall pay a fee for each toxic chemical based upon total amount released to the environment, released to the publicly-owned treatment works, and transferred off-site as a waste during the previous calendar year. The following scale shall be used for assessing those fees:

0 lbs. $0

1-499 lbs. $30

500-999 lbs. $75

1,000-9,999 lbs. $100

10,000-99,999 lbs. $150

100,000-999,999 lbs. $225

1,000,000 lbs. $300

Fees will be paid at the time of reporting, on or before July 1 annually, for the previous calendar year.

Fee Cap: Facility owners and operators shall be subject to maximum fees of $5,000 per facility for reporting inventories and releases of hazardous materials under sections (B)(1) (a-d) of this rule for the previous calendar year.
Exemptions: Owners and operators of commercial agricultural operations shall be exempt from the fee requirements of this rule for registering agricultural facilities and for inventories and releases of hazardous materials used in the commercial production of farm products as defined in Title 17, M.R.S.A. Section 2805, Subsection 1, Paragraph C.

Farm product processing facilities are not exempt from the fee requirements. For the purposes of this rule, "processing" shall not include the packaging of raw commodities or farm products for resale.

Emergency Response Commission Fund: All fees collected under this rule shall be paid to the Emergency Response Commission Fund. Checks are to be made payable in U.S. Funds and made out to "Treasurer - State of Maine". Checks are to be mailed separately from reporting forms to Maine Emergency Management Agency, Attn: SERC, State House Station 72, Augusta, Maine 04333.

History

STATUTORY AUTHORITY: 37-B M.R.S. §801
EFFECTIVE DATE: August 29, 1989
AMENDED: November 27, 1989
AMENDED: August 4, 2009
EFFECTIVE DATE (ELECTRONIC CONVERSION): May 13, 1996
NON-SUBSTANTIVE CHANGES: January 28, 1999 - converted to Microsoft Word
NON-SUBSTANTIVE CHANGES: March 23, 1999 - minor spelling and formatting
AMENDED: August 22, 2009 – filing 2009-441
AMENDED: December 19, 2021 – filing 2021-255
AMENDED: February 4, 2024 – filing 2024-021

Chapter 3 Design and Construction Standards for New or Reconstructed Dams

Code Me. R. 15-214 Ch. 3 Design and Construction Standards for New or Reconstructed Dams {#sec-15-214-ch.-3 omnilex-key=us-me-regs-official--dept-defense-veterans-and-emergency-management--15-214 Ch. 3}

3.1 GENERAL PROVISIONS

a. In accordance with the provisions of Section 1063, Chapter 22, Title 37‑B M.R.S.A., it is the intent of these dam regulations to provide for the proper and safe design and construction of impounding structures not exempt from the law to the extent required for the protection of public safety.

b. These regulations shall not be construed or interpreted to relieve the owner or operator of any impoundment or impounding structure of any legal duties, obligations, or liabilities incident to ownership, design, construction, operation, or maintenance of the impounding structure.

c. These regulations shall not serve to negate nor to satisfy requirements applicable to existing or proposed impounding structures which may be imposed through provisions of other local, state or federal laws, regulations, or ordinances.

d. Any owner who owns, controls, operates, maintains, or manages an impounding structure or impoundment not exempt from the law, or any owner who proposes to perform any of the preceding, or any owner who proposes to construct an impounding structure not exempt from the law, shall engage a licensed Professional Engineer who is practicing in Maine in accordance with applicable laws of Maine to perform any engineering analysis required to comply with these regulations. Such plans and specifications, engineering analyses, and any other document prepared in compliance with the provisions of these dam regulations shall bear the Maine seal of the licensed Professional Engineer who has been engaged to prepare same.

e. These regulations are effective July 1, 1990.

3.2 DEFINITIONS

The following definitions shall apply to the terms used in these regulations:

a. "Agency" means the Maine Emergency Management Agency.

b. "Dam" means. any man-made artificial barrier, including appurtenant works, the site on which it is located and appurtenant rights of flowage and access, which impounds or diverts a river, stream or great pond and which is 2 feet or more in height and has an impounding capacity at water storage elevation of 15 acre-feet or more. Any such artificial barrier constructed solely for the purpose of impounding water to allow timber to be floated downstream in a logging operation shall not be considered a dam for the purposes of this chapter, unless it has been repaired, modified or maintained by or with the knowledge of the owner, lessee or person in control since the discontinuance of its use in connection with logging operations. Any adjacent property, easements, roads, bridges or works not necessary for the operation or maintenance of a dam or access to the dam shall not be included under the provisions of this chapter.

For the purpose of this regulation, a dam shall be considered an "impounding structure".

c. "Dam reconstruction" means the rebuilding or replacement of all or part of an existing dam that no longer functions in the manner for which it was originally constructed.

d. "Director" means the Director of the Maine Emergency Management Agency.

e. "Emergency Operations Plan" means a set of written instructions or guidelines. for use by public officials which recommends actions which, when implemented, will minimize the effects of a dam failure on people and property.

f. "High or significant hazard" means that condition which poses a risk of loss of human life and substantial property damage.

g. "Public safety" or "safety of the public" means protection of life, health or property from any condition, event or action at a dam which might compromise the safety, stability or integrity of the dam or its ability to function safely.

h. "State Dam Inspector" means an inspector appointed or hired under Section 1064, Chapter 22, Title 37-B M.R.S.A.

i. "Impoundment" means a body of water the storage of which is caused by any existing or proposed impounding structure not exempt from the law.

j. "Owner" means the owner of the land on which is situated, and/or the holder of an easement permitting the construction of a dam and/or any person or entity agreeing to maintain a dam, which includes the State or any of its political subdivisions, including, but not limited to sanitation district commissions and authorities, and public or private institution, corporation, association, firm, or company organized or existing under the laws of this or any other state or country, or any person or group of persons acting individually or as a group.

k. "Design flood" is the runoff, at the site of the impounding structure, utilized in impounding structure design, construction, operation, and maintenance, which will be safely passed by the impounding structure and shall not be less than that recommended spillway design flood commensurate with the size and hazard potential of the particular impounding structure in accordance with the procedures recommended in these regulations.

l. "Design freeboard" means the minimum freeboard which would occur during passage of the design flood.

m. "Inundation zone" means an area that would be inundated in excess of storm water by the water released by the impoundment in the event of a dam breach and is that area which would be inundated immediately downstream from the site of the impounding structure extending to that point on the stream where the calculated water surface profile resulting from the design flood, determined absent the impounding structure, converges with that calculated water surface profile which would result from failure of the impounding structure at the appropriate impounding capacity, with the time of such failure to be considered coincident with the time of occurrence of maximum inflow to the impoundment resulting from the design flood.

n. "Height" means the structural height of a dam which is defined as the vertical distance from the natural bed of the stream or watercourse measured at the downstream toe of the dam to the top of the dam.

o. "Maximum impounding capacity" means normal full pond. It also means the volume in acre-feet that is capable of being impounded at the elevation of the crest of the impounding structure including flash boards if any or the elevation of top of gates, if appropriate.

p. "Impounding capacity" means the volume in acre-feet that is capable of being impounded at the elevation of the crest of the highest ungated outlet from the impoundment.

q. "Life of impounding structure" and "life of the project" means that period of time during which the impounding structure is designed and planned to perform effectively, including that period of time required to remove the structure when it is no longer capable of functioning as planned and designed.

r. "An impoundment constructed, maintained, or operated primarily for agricultural purposes" means an impoundment that is certified by the owner to be such.

s. "Watercourse" means a natural channel having a well-defined bed and banks and in which water flows when it normally does flow.

t. "Acre-foot" means a unit of volume equal to 43,560 cubic feet or 325,853 gallons (one foot of depth over one acre of area).

u. "Flood plain" means those areas adjoining a river, stream or watercourse which have been or hereafter are likely to be covered by flood waters.

3.3 THE CLASSES OF IMPOUNDING STRUCTURES

a. For the purposes of these regulations, existing or proposed impounding structures shall be classified as one of three categories in accordance with Table 1 of this chapter.

b. For the purposes of these regulations, hazards pertain to potential loss of human life or property damage(s) in the flood plain downstream from the structure in event of failure. Structures conforming to criteria for the "low hazard" potential category generally will be found in rural or agricultural areas where failure may damage some farm buildings, limited agricultural land, or country roads. "Significant hazard" potential category structures will be those located in predominantly rural or agricultural areas where failure may damage isolated homes, secondary highways, minor railroads, or other impounding structures or cause interruption of use of service of relatively important pubic utilities. Impounding structures in the "high hazard" potential category will be those located where failure may cause serious damage to homes, extensive agricultural, industrial, and commercial facilities, important public utilities, main highways, railroads, or other impounding structures. Hazard potential classifications shall be proposed by the owner and shall be subject to approval by the Agency. Present and projected development of the flood plain downstream from the impounding structure shall be considered in determining the classification. Impounding structures shall be subject to reclassification as set forth in Section 1065 of Chapter 22, Title 37-B M.R.S.A.

TABLE I

Hazard Potential Classification

Category Urban Development Economic Loss

Low Hazard No permanent Minimal (undeveloped

structure for human to occasional

habitation structures or

agriculture)

Significant No urban development Appreciable (notable

Hazard and no more than a agriculture, industry,

small number of or structures)

habitable structures

High Hazard Urban development Excessive (extensive

with more than a community,

small number of industry, or

habitable structures agriculture)

SOURCE: U.S. Army Corps of Engineers

3.4 PROCEDURE(S)

3.41 WHO MUST FILE

An owner who proposes to construct or reconstruct an impounding structure, shall file with the Agency, on forms provided by the Agency for that purpose, a statement concerning the location, purpose, impounding capacity, and height of the existing or proposed impounding structure. If a proposed impounding structure is not exempt from the provisions of the law, construction may not commence until a full and complete filing has been completed with the agency.

3.42 PRELIMINARY REPORT

The owner of a proposed new impoundment or owner of an existing impoundment which is to be constructed or reconstructed shall submit to the Agency a written Preliminary Report regarding the proposed impounding structure. As a minimum, the Preliminary Report shall include the following information:

a. A general description of the impounding structure and appurtenances and a proposed classification as set forth in Section 3.3 of these regulations. The description shall include a statement of the purpose for which the impoundment and impounding structure is to be used.

b. A general description of properties located in the inundation zone downstream from the site of the proposed impounding structure, including the location and number of residential structures, buildings, roads, utilities and other property that would be endangered should failure of the impounding structure occur.

c. A statement from the governing body of the local political subdivision that they are aware of the intent to build or reconstruct an impounding structure and a description of the zoning ordinances and land use classifications applicable to the affected flood plain downstream and upstream from the site of the proposed impounding structure.

d. Maps showing the general location of the proposed impounding structure that include: the county or city in which the (existing or proposed) impounding structure (or would be) located, the location of roads, access to the site, and the outline of the impoundment. Existing serial photographs and existing topographic maps may be used for the purpose.

e. Preliminary drawings of a general nature which include cross sections, plans and profiles of the impounding structure, proposed pool levels, and type of spillways.

f. Preliminary design criteria, including a description of the size, ground cover conditions, and extent of development of the watershed, the geological and the geotechnical engineering assumptions for the foundations and materials to be used.

g. The owner's written request for preliminary and final inspection.

h. Written documentation by the owner's engineers certifying that dam construction will be consistent with final design plans and as-built plans.

i. A schedule for filling the reservoir.

3.43 FINAL DESIGN REPORT

Construction or reconstruction may not commence until a final design report is received by the Agency. The final design report shall include:

a. A report of geotechnical investigations of the foundation soils or bedrock and of the materials to be used to construct or reconstruct the impounding structure.

b. Design assumptions and analyses sufficient to indicate that the impounding structure will be stable during its construction or reconstruction and during the life of the impounding structure under all conditions of reservoir operations, including rapid filling and rapid drawdown of the impoundment.

c. Confirmation of the stability of the reservoir rim area in order to safeguard against reservoir ruin slides of such magnitude as to create waves capable of overtopping the impounding structure and confirmation of stability during seismic activity.

d. Design assumptions and analyses to indicate that seepage in, around, through, or under the impounding structure, foundation, and abutments win be reasonably and practically controlled so that internal or external forces or results thereof will not endanger the stability of the impounding structure.

e. Calculations and assumptions relative to design of the spillway(s).

f. Provision to insure that the impounding structure and appurtenances will be protected against significant deterioration or erosion due to freezing and thawing, wind and rain, or any combination thereof.

g. Other pertinent design date, assumptions, and analyses commensurate with the nature of the particular impounding structure and individual site conditions. When required by the Agency, a delineation of the inundation zone will be prepared by the owner for "high" and "significant hazard" impounding structures.

h. Plans and specifications as outlined in Section 3.54 of this chapter.

i. After verifying that the dam construction methods and design specifications were met, authorization to impound water will be issued prior to filling the reservoir.

j. The Agency shall accept, review, and notify the owner within [45] working days whether the Preliminary Design Report is acceptable or not. The same procedure shall be followed for the Final Design Report.

3.5 DESIGN OF STRUCTURES AND HYDROLOGY

3.51 INVESTIGATION; FOUNDATIONS; CONSTRUCTION MATERIALS, SURVEYS; AND HYDROLOGIC CALCULATIONS

a. The owner shall complete all investigations prior to submitting the design report. The scope and degree of precision required is a matter of engineering judgement based on the complexities of the site and the hazard potential classification of the proposed structure. The geotechnical engineering investigation shall consist of borings, test pits, and other subsurface exploration necessary to define adequately the existing conditions. The investigations shall be performed so as to define the soil, rock, and groundwater conditions.

b. All construction materials shall be adequately specified to insure that their properties meet design criteria. If on-site materials are specified, they shall be located and determined to be adequate in extent and in properties.

c. Surveys shall be made with sufficient accuracy to locate the proposed construction and to define the volume of the storage in the impounding structure. The area downstream from the proposed impounding structure shall be investigated in order to delineate the areas and extent of potential damage in case of failure. Locations of center lines and other horizontal and vertical control shall be shown on a map of the site.

d. The drainage area shall be determined. Present and projected conditions shall be reasonably considered in determining the runoff characteristics of the drainage area. All hydrologic assumptions shall be included in the design calculations which shall be submitted as part of the design report.

e. Periodic inspections will be conducted by a qualified Dam Inspector during the construction or reconstruction of all dams in this State. Additionally, written reports noting all conditions found will be forwarded to the Director, MEMA, within 15 working days. Conditions affecting public safety of employees shall be forwarded to the Director at the earliest opportunity.

3.52 THE DESIGN FLOOD

The magnitude of the minimum design flood to be utilized in impounding structure design, construction, operation, and maintenance shall not be less than the recommended spillway design flood commensurate with the size and hazard potential of the particular impounding structure in accordance with the recommended procedures contained within the Corps of Engineers published guidance and those which are incorporated in these regulations by reference to the extent they are not inconsistent with other provisions of these regulations and existing laws of Maine.

3.53 SPILLWAY DESIGN

a. Every impounding structure shall have a spillway system with adequate capacity to discharge water in keeping with potential hazards involved without endangering the safety of the impounding structure.

b. A spillway shall be required, unless it is demonstrated by the applicant that adequate capacity is provided by other means to prevent endangering the integrity of the impounding structure.

c. A vegetated earth or unlined emergency spillway may be approved when demonstrated that it will pass the spillway design flood without jeopardizing the safety of the structure.

3.54 PLANS AND SPECIFICATIONS

The plans and specifications for a new or reconstructed impounding structure shall consist of the following as a minimum:

a. The name of the project; the name of the owner; classification of the impounding structure as set forth in Chapter 3 of these regulations; designated access to the project; and the location with respect to highways, roads, streams, and existing impounding structures and impoundments that would affect or be affected by the proposed impounding structure.

b. Cross sections, profiles, logs of test borings, laboratory and in situ test data, drawings of principal and emergency spillways, and other additional drawings in sufficient detail to indicate clearly the extent and complexity of the work to be performed.

c. The technical provisions, as may be required to describe the methods of construction and construction quality control for the project.

d. Special provisions, as may be required to describe technical provisions needed to insure that the impounding structure is installed according to the approved plans and specifications.

Plans and specifications shall be submitted with the final design report.

e. The owner shall notify the Agency of any proposed changes in design, plans, and specifications that will affect the safety of the impounding structure.

3.6 CONSTRUCTION SCHEDULE

3.61 The applicant shall submit a construction schedule with the final design report that includes:

a. A time and construction sequence schedule that includes the estimated time to complete the construction activities.

b. Techniques to be used to divert stream flow during construction to prevent hazard to life, health, and property.

c. A plan of quality control testing to confirm that materials and construction methods met the design requirements set form in the specifications.

3.7 ACCEPTABLE DESIGN PROCEDURE AND REFERENCES

3.71 The following are acceptable as design procedures and references:

a. The design procedures, manuals, and criteria used by the United States Army Corps of Engineers.

b. The design procedures, manuals, and criteria used by the United States Department of Agriculture, Soil Conservation Service.

c. The design procedures, manuals, and criteria used by the United States Department of the Interior, Bureau of Reclamation.

d. The design procedures, manuals, data, and criteria used by the United States Department of Commerce, National Weather Service.

History

STATUTORY AUTHORITY: Section 1063 of Chapter 22, Title 37-B M.R.S.A.
EFFECTIVE DATE: July 22 1990
EFFECTIVE DATE (ELECTRONIC CONVERSION): May 13, 1996
NON-SUBSTANTIVE CHANGES: January 28, 1999 - converted to Microsoft Word.
NON-SUBSTANTIVE CHANGES: March 23, 1999 - minor spelling, grammar and formatting; insertion of missing word in 3.51(e).
NON-SUBSTANTIVE CHANGES: APAO WORD VERSION CONVERSION (IF NEEDED) AND ACCESSIBILITY CHECK: July 14, 2025

Chapter 4 Maine Dam Repair and Reconstruction Revolving Loan Program

Code Me. R. 15-214 Ch. 4 Maine Dam Repair and Reconstruction Revolving Loan Program {#sec-15-214-ch.-4 omnilex-key=us-me-regs-official--dept-defense-veterans-and-emergency-management--15-214 Ch. 4}

Summary: These rules govern the application and approval process for projects to be considered for funding through the Maine Dam Repair and Reconstruction Revolving Loan Program, established pursuant to Title 37-B MRSA §1130, and implemented by a Memorandum of Understanding between the Maine Emergency Management Agency and the Maine Municipal Bond Bank.

SECTION 1. Definitions

“Agency” means the Maine Emergency Management Agency within the Department of Defense, Veterans and Emergency Management.

“Bond Bank” means the Maine Municipal Bond Bank.
“Commissioner” means the Commissioner of the Department of Defense, Veterans and Emergency Management.
“Department” means the Department of Defense, Veterans and Emergency Management.
“Director” means the Director of the Maine Emergency Management Agency, within the Department of Defense, Veterans and Emergency Management.
“Dam” has the same meaning as set forth in Title 37-B MRSA §1111, sub-§1.
“Emergency action plan” has the same meaning as set forth in Title 37-B MRSA §1111, sub-§5.
“Fund” means the Dam Repair and Reconstruction Fund established by Title 37-B MRSA §1130.
"Hazard potential" has the same meaning as set forth in Title 37-B MRSA §1111, sub-§6.
“Professional engineer” means an individual who is licensed as an engineer under Title 32 MRSA chapter 19 and who is experienced in the inspection and design of dams.
“Management Plan” means a plan or written set of procedures to: operate and maintain the dam; adjust water flow during normal and emergency conditions; operate the spillways; operate the gates or water level controls; repair and maintain the structure; control security and vandalism; maintain access, ensure spillways are not blocked; test mechanical equipment; keep records; and report dam incidents to the relevant authorities.
“Municipality” has the same meaning as set forth in Title 30-A MRSA §5903, sub-§7.
“Program” means the Maine Dam Repair and Reconstruction Revolving Loan Program.
"Public safety" or "safety of the public" has the same meaning as set forth in Title 37-B MRSA §1111, sub-§9.
"Quasi-municipal corporation or district" has the same meaning as set forth in Title 30-A MRSA §2351, sub-§4.
“State Dam Inspector” has the same meaning as set forth in Title 37-B MRSA §1111, sub-§10.

SECTION 2. Eligibility

Applicants. The applicant must be a municipality or a quasi-municipal corporation or district that owns or is proposing to acquire a dam.

Projects. Applicants may apply for a loan for a project in one or more of the following categories:

Acquisition – engineering and legal costs necessary to acquire title to a dam for the purpose of repair, reconstruction or removal.

B. Engineering – engineering studies to determine structural deficiencies and/or to develop plans for repair or reconstruction of a dam.

C. Repair or reconstruction – engineering, construction and/or related legal costs necessary to repair or reconstruct a dam.

D. Removal – engineering, construction and/or related legal costs for breaching or removal of a dam.

E. Emergency remedial measures – costs incurred to address an emergency situation, as defined in Title 37-B MRSA §1111, sub-§4, or to comply with a dam safety order issued pursuant to Title 37-B MRSA §1119, sub-§4.

Loan Requests. Applicants may request a loan of up to one hundred thousand dollars ($100,000.00) per application, with a payback period of up to five (5) years.

SECTION 3. Application procedure and content

Deadlines for submission of applications. The Agency will establish a schedule for receipt of applications each year based on the availability of funds.

The Agency will publish a notice, at least once a year, indicating a period of not less than 60 days during which applications for loans will be accepted. Notice will be posted on the agency’s web site and sent directly to any municipality or quasi-municipal district or corporation that has submitted a written request to the Agency within the previous year asking to be notified of the application period.

Notwithstanding the schedule for receipt of applications set by the Agency, the Director may accept an application at any time if the applicant is applying for funds to address an emergency situation at a dam, as defined in Title 37-B MRSA section 1111, sub-§ 4, and if the fund balance is sufficient to support an approved application.

C. Applications that are accepted as complete will remain active with the Agency for a period of one year from the date of acceptance, unless sooner withdrawn by the applicant. Notice of such withdrawal must be submitted in writing to the Agency.

Contents of application. Applications must be submitted on a form provided by the Agency, together with supporting materials required by the Agency for each type of project as indicated on the form. If an applicant is seeking funding for projects at more than one dam, a separate application must be submitted for each dam.

Each application must include the following information:

An Emergency Action Plan for the dam, which has been updated within two years prior to submission of the application and meets the requirements of Title 37-B MRSA §1127.

A statement, including a reference to relevant source documents, indicating the purpose of the dam, and the applicant’s title, right or interest in the dam and any appurtenant facilities or property that are the subject of the application. If the applicant does not currently hold title to the dam, the application must include a statement with supporting documentation identifying all persons or entities holding title, right or interest in the property that is the subject of the application.

A description of the dam project and cost estimates for all the work to be completed as part of the proposed project.

The amount of the loan requested by the applicant.

The name, address and qualifications of any professionals whose services are to be paid for with the loan proceeds.

Photographs of the dam showing its current condition.

A map showing the location of the project.

For any application seeking funds for repair or reconstruction, a recent condition report including inspection findings, a current engineering assessment (completed not less than one year prior to submission of the application) of the dam, including any recommendations for repair or reconstruction or for further study, a stability analysis and any other engineering analysis. This may be a report issued by the State Dam Inspector.

Financial information as may be required by or useful to the Bond Bank in making a determination of the applicant’s ability to pay back the loan.

For any application seeking funds for repair, reconstruction, or removal of a dam, all federal, state or local permits, licenses or other regulatory approvals required to implement the project, or documentation confirming that no such regulatory approvals are required.

B. Additional information that may be submitted, as appropriate, includes:

A history of dam construction and repairs to the dam and any appurtenant facilities.

Operation, maintenance, design, and construction records.

Previous reports and design proposals.

Natural resource assessments that identify diadromous species and all species listed as threatened or endangered.

A statement regarding the presence of any threatened or endangered species.

Initial review for completeness and eligibility. All applications will be reviewed initially for completeness and to determine whether the project is eligible for the loan program. The Agency will notify the applicant of any deficiencies, which must be corrected by the deadline for that application period in order for the application to be accepted for filing. Applications for eligible projects will be accepted for filing if complete.

Additional information. The Agency may request additional information from the applicant after the application deadline if necessary to rate the application pursuant to section 4.

SECTION 4. Evaluation of Proposals

All applications that have been accepted for filing and are active with the Agency will be ranked in order of priority according to the following scoring criteria, summarized in the table below:

A. The initial score will be based on the hazard potential of the dam which is the subject of the application. Projects involving high hazard potential dams will be assigned the highest priority (5 points); significant hazard potential dams will receive the next highest priority (3 points); and low hazard potential dams will receive the lowest priority (1 point).

B. Each project will then be scored according to the condition of the dam and the risk of failure. Dams that are in poor condition, meaning that they appear to have structural defects that are likely to cause failure and uncontrolled release of water downstream, will be assigned the highest priority (5 points); dams in fair condition, meaning that they appear to have only minor structural defects or operational and maintenance defects presenting a moderate risk of causing an uncontrolled release of water downstream, will be assigned an intermediate level of priority (3 points); and dams in good condition, meaning that they appear to be adequately designed, operated and maintained, will receive the lowest priority (1 point). Inspection reports or analyses prepared by the State Dam Inspector may be considered in conducting this evaluation.

C. The applications will be scored according to the nature of the remedial work proposed and the degree to which it will reduce identified risks to public safety. Projects involving emergency remedial measures to address an emergency situation or to comply with a dam safety order, as described in section 2.2.E of this rule, will be assigned the highest priority (5 points). Non-emergency repair, reconstruction and removal projects that directly reduce risks to public safety will be assigned 3 points. Projects for plan development and legal work will be assigned 1 point. Applications for repair or reconstruction that do not address identified risks to public safety will be assigned 0 points.

TABLE OF CRITERIA USED TO RANK PROJECTS

Risk Criteria

Ranking

Points

Hazard Potential

High

Significant

Low

Condition

Poor

Fair

Good

Nature of project

Emergency remedial measures

Non-emergency repair, reconstruction or dam removal

Plan development or legal work

Repair or reconstruction project that does not address identified risk to public safety

SECTION 5. Approval

The Agency will notify the Bond Bank which projects have been pre-approved for funding based on the ranking of the proposals described in section 4 above and on the availability of funds. The Bond Bank will then evaluate the financial information submitted by the applicant for each pre-approved project and advise the Agency if the loan has been approved or denied. In the event that the loan is denied by the Bank, the applicant shall be given an opportunity to provide such additional information as it deems may be useful in re-evaluating the loan for approval.

The Director will notify the applicants that have received final approval for a loan and refer them to the Bond Bank for execution of a loan agreement in accordance with section 6 of this rule.

Applicants whose projects were not approved for funding will be notified in writing of the grounds for that decision. All active applications will remain on file with the Agency for consideration in the next application cycle if sufficient funds remain in the Program.

SECTION 6. Terms of Loans

The term of each loan shall be established by the Bond Bank as set forth in the loan agreement, but no loan under this program shall have a term greater than five (5) years.

The interest rate for loans under this Program shall be fixed at two percent (2%) below the Bond Bank’s then-current Standard Rate for tax-exempt lending at the time the loan is made. At no time will the interest rate be lower than 0%.

SECTION 7. Disbursement of funds

Disbursement of funds by the Program will be on a reimbursement basis, up to the approved amount of the loan.

Once a loan agreement has been executed by the applicant and the Bond Bank, the applicant may submit invoices for reimbursement to the Agency for approval. All approved reimbursement requests will be forwarded to the Bond Bank for payment.

The applicant will be responsible for informing the Agency when the project is complete.

SECTION 8. Loan repayment

Repayment of loans issued under this Program shall be submitted to the Bond Bank and made in accordance with the terms set forth in the loan agreement executed by the Bond Bank and the successful applicant. All repayments received from borrowers of the program, will be re-deposited into the revolving loan fund and made available for future year funding requests.

History

STATUTORY AUTHORITY: 37-B MRSA §1130
EFFECTIVE DATE: May 20, 2013 – filing 2013-114
EFFECTIVE DATE: APAO WORD VERSION CONVERSION (IF NEEDED) AND ACCESSIBILITY CHECK: July 14, 2025

Chapter 5 Maine Disaster Recovery Fund

Code Me. R. 15-214 Ch. 5 Maine Disaster Recovery Fund {#sec-15-214-ch.-5 omnilex-key=us-me-regs-official--dept-defense-veterans-and-emergency-management--15-214 Ch. 5}

SUMMARY: This rule governs the process for the expenditure of funds from the Disaster Recovery Fund, established pursuant to Title 37-B M.R.S. §745.

SECTION 1. DEFINITIONS

Administrator. “Administrator of the Maine Disaster Relief Fund” or “Administrator” means the private, non-profit organization composed of volunteers from industry and non-profit organizations, established to administer the privately funded Maine Disaster Relief Fund independent of State Government.
Agency. “Agency” means the Maine Emergency Management Agency within the Department of Defense, Veterans and Emergency Management.
Alternate Project. “Alternate Project” means a project under the FEMA Public Assistance program proposed by the applicant when it has determined that the public welfare would not best be served by restoring a damaged facility or its function to the pre-disaster design.
Consumer Price Index. “Consumer Price Index (CPI)” means a measure of the average change over time in the prices paid by urban consumers for a market basket of consumer goods and services, published by the US Department of Labor, Bureau of Labor Statistics.
Disaster. “Disaster” has the same meaning as set forth in Title 37-B M.R.S. §703(2)
Disaster Case Manager. “Disaster case manager” means a trained staff person at a voluntary organization who works with individuals and families affected by a disaster to help link them to programs and services to address their disaster-caused unmet needs.
DRT Agency. “DRT Agency” means a member agency of the State Disaster Recovery Team (DRT) either designated by Executive Order or added on an ad hoc basis.
Emergency Work. “Emergency Work” means work which must be done immediately to save lives and to protect improved property and public health and safety, or to avert or lessen the threat of a major disaster.
Federal Disaster Declaration. “Federal disaster declaration” means a determination by the President of the United States under the provisions of Section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act , 42 U.S.C. §5170 (Stafford Act), and implemented by 44 CFR §206.36 that a natural catastrophe, or, regardless of cause, any fire, flood, or explosion, in any part of the State of Maine, has caused damage of sufficient severity and magnitude to warrant major disaster assistance to supplement the efforts and available resources of the State, local governments, and disaster relief organizations in alleviating the damage, loss, hardship, or suffering caused by such disaster.
FEMA. “FEMA” means the Federal Emergency Management Agency within the United States Department of Homeland Security, exercising its statutory authority to provide disaster assistance under the Stafford Act.
Fund. “Fund” means the State managed Disaster Recovery Fund established by Title 37-B M.R.S. §745.
Improvement Project. “Improvement project” means a project proposed by an applicant to make improvements to a damaged facility, over and above restoring the facility to its pre-disaster condition, which the applicant is willing to fund.
Incident Period. “Incident period” means the time interval during which the disaster-causing incident occurred.
Individual Assistance. “Individual assistance” means assistance that is essential to meet necessary expenses or serious needs of individuals and families caused by a disaster which cannot otherwise adequately be met.
Large Project. “Large project” means approved projects under the FEMA Public Assistance program estimated to cost the same or more than the large project threshold amount set by FEMA (see 44 CFR §206.203) for the current federal fiscal year.
Maine Disaster Relief Fund. “Maine Disaster Relief Fund” means the charitable fund created and managed by a not-for-profit organization for the purpose of receiving tax-deductible donations to serve the unmet needs of individuals and families affected by disaster in the State of Maine.
Maine Public Assistance Program (MEPA). “Maine Public Assistance Program” means disaster recovery assistance that is provided through the Fund to local governmental units following a disaster that is not federally declared.
Mitigation. “Mitigation” has the same meaning as set forth in Title 37-B M.R.S. §703(3-A).
Municipality. “Municipality” has the same meaning as set forth in Title 30-A M.R.S. §5903(7).
Private nonprofit organization. “Private nonprofit organization” means any nongovernmental agency or entity that currently has an effective ruling letter from the U.S. Internal Revenue Service granting tax exemption under section 501 (c), (d), or (e) of the Internal Revenue Code of 1954 ; and presents satisfactory evidence from the State that it is duly incorporated under the laws of this State or authorized to carry on activities in this State.
Other Needs Assistance. “Other needs assistance” means the FEMA Individual Assistance program which assists individuals who have disaster-related necessary expenses or serious needs other than housing (pursuant to 44 CFR §206.119) and for which the State, in accepting the assistance, assumes an obligation to pay 25% of the cost pursuant to 44 CFR §206.110(i)(2)(ii).
Permanent Work. “Permanent work” means that restorative work that must be performed through repairs or replacement, to restore an eligible facility on the basis of its pre-disaster design and current applicable standards.
Public Assistance. “Public assistance” means supplementary federal assistance provided under the Stafford Act to state and local governments or certain private, nonprofit organizations, other than assistance for the direct benefit of individuals and families.
Public Entity. “Public entity” means an organization formed for a public purpose whose direction and funding are provided by one or more political subdivisions of the state.
Public Facility. “Public facility” means the following facilities owned by the State or local government: any flood control, navigation, irrigation, reclamation, public power, sewage treatment and collection, water supply and distribution, watershed development, or airport facility; any non-Federal aid, street, road or highway; and any other public building, structure, or system, including those used for educational, recreational, or cultural purposes; or any park.
Recovery. “Recovery” has the same meaning as set forth in Title 37-B §703(6).
Response. "Response" means those activities designed to provide emergency assistance to victims of a disaster, reduce the likelihood of secondary damage, or to accurately assess resource needs of municipalities and their populations, but which do not include winter snow clearance and road treatment costs.
Small Project. “Small project” means approved projects under the FEMA Public Assistance program estimated to cost less than the large project threshold amount set by FEMA (see 44 CFR §206.203) for the current federal fiscal year.
Standards. “Standards” means codes, specifications or standards required for the construction of facilities.
State Disaster Recovery Team. “State Disaster Recovery Team” (DRT) means the team established by Governor’s Executive Order 2015-010, October 14, 2015, consisting of representatives of 24 State and quasi-state agencies plus members from additional agencies which may be appointed on an ad hoc basis by the Director of the Agency, with the expertise, programs or resources that can assist individuals, families, businesses and communities following a disaster.
Unmet Need. “Disaster Caused Unmet Need” or “Unmet Need” means an un-resourced item, support, or assistance that has been assessed and verified by representatives from State, Tribal, local, and Federal governments and/or voluntary and faith-based organizations as necessary for the survivor to recover from the disaster. Unmet needs may also include basic immediate emergency needs such as food, clothing, shelter or first aid and long-term needs such as financial, physical, emotional or spiritual well-being.
Voluntary Organization. “Voluntary organization” means any chartered or otherwise duly recognized tax-exempt local, state or national organization or group which has provided or may provide needed services to the State, local governments, or individuals in coping with an emergency or a major disaster.

SECTION 2: ACTIVATING USE OF THE FUND

Conditions for Activating the Fund. The State will utilize the Fund as the first resource whenever the Governor has proclaimed a state of emergency due to a disaster pursuant to Title 37-B M.R.S. §742(1), or the President has declared that a major disaster exists in the State pursuant to Title 37-B M.R.S. §744. Use of the Fund may be activated with the Governor’s approval, in response to a recommendation by the Agency. When approval is granted, the Governor will specify an incident period that defines the period of time during which any damages or costs must have been incurred in order to be covered.
Limitations on Use of the Fund. If the Agency knows that the balance in the Fund is insufficient to meet the estimated need, the Agency will not recommend use of the Fund unless:

A. The Fund would be used to provide matching funds for a federally declared disaster, and by requesting and accepting federal assistance the State has already incurred a financial obligation;

B. The Legislature is expected to take action to replenish the Fund within the next 90 days;

C. The Governor has directed a transfer of funds from another State account into the Fund within 60 days to meet the estimated need; or

D. It appears that the current balance plus expected replenishment will be sufficient to meet the Agency’s best estimate of the need, even if a short-term unfunded obligation may be created during the administration of disbursements for the current incident.

When the Fund balance is at or below its reserve balance (see Section 10 below) but more than zero, the State may activate a Priority 1 (see Section 4 below) use of the Fund to the extent of the existing balance.

SECTION 3. ROLE AND AUTHORITY OF DISASTER RECOVERY TEAM AGENCIES

Role of DRT Agencies. All agencies that are designated as part of the State’s Disaster Recovery Team (“DRT”) pursuant to Executive Order 2015-010, dated October 14, 2015, entitled “An Order Updating the State of Maine Emergency Response and Disaster Recovery Teams,” (“ERT/DRT Executive Order”) are available upon request of the Agency to assist in short-term, mid-term, and long-term recovery from a disaster in the State of Maine.
Authority. The Agency’s authority to request or direct the participation of DRT Agencies is derived from the ERT/DRT Executive Order. The authority of DRT Agencies to perform their roles in disaster recovery, including the implementation of this rule, is derived from the ERT/DRT Executive Order and the agencies’ respective enabling statutes.
Priority. Upon request by the Agency, each DRT Agency will give first priority to those activities within its primary mission that are necessary to reduce or eliminate the effects of the emergency conditions and/or support the short-term recovery of communities and individuals.

SECTION 4. PRIORITIES FOR USE OF THE FUND

Once the Fund has been activated pursuant to section 2 above, authorized uses of the Fund will be allocated according to the following priorities:

Priority 1 - Disaster recovery assistance to individuals and families in absence of a federal disaster declaration. The Agency will give first priority for use of the Fund to providing assistance to individuals and families when the State has requested, but has not received, a major disaster declaration by the federal government. See Section 5(3).
Priority 2 - Matching funds for assistance to individuals in a federally declared disaster. The second priority for use of the Fund will be to provide the State match for federal funds to assist individuals recovering from a federally declared major disaster. See Section 5(4).
Priority 3 - Disaster-related unmet needs of individuals and families in a federally declared disaster. The third priority for use of the Fund will be to cover the unmet needs individuals and families recovering from a federally declared major disaster. See Section 5(5).
Priority 4 - Disaster recovery assistance to local governmental units in absence of a federal disaster declaration. The fourth priority for use of the Fund will be to provide assistance to local governments for infrastructure repair and response when the State has requested, but has not received, a major disaster declaration by the federal government. See Section 6.
Priority 5 - State agency emergency response costs. The fifth priority for use of the Fund is to reimburse state agencies for costs incurred to respond to emergencies. See Section 7.
Priority 6 - Matching funds for state and local governmental units in a federally declared disaster. The sixth priority for use of the Fund is to provide State matching funds under the federal Public Assistance (“PA”) program. See Section 8.
Priority 7 - Low-interest loans to businesses in absence of a federal disaster declaration. The seventh priority for use of the Fund is to provide low-interest loans to businesses recovering from a disaster when the State has requested but has not received a major disaster declaration by the federal government. See Section 9.

The Fund may be activated to address more than one priority use in response to a single event if appropriate to the identified need. The assigned priority will govern use of the Fund when the available balance is not sufficient to meet all identified disaster needs.

SECTION 5. DISASTER RECOVERY ASSISTANCE TO INDIVIDUALS AND FAMILIES

Assessment of Damage. Following any disaster event, the Agency will review damage assessments gathered by County Emergency Management Agencies and other sources, including but not limited to the 211 Maine referral system and affected municipalities, and will consult with voluntary organizations and DRT Agencies serving those individuals and families affected by the disaster. The Agency will assess the numbers of individuals and families affected; the number of homes damaged; essential needs of those affected as compared to available programs; anticipated insurance coverage; anticipated unmet needs; and the balance in the Fund available to address anticipated needs.
Agency Recommendation. Based on the assessment of damage, the Agency will make a recommendation to the Governor concerning activation of the Fund, which includes the estimated amount needed to address the needs of those affected and the most expedient method to administer the assistance (see subsections 3(C) – (E)). If the initial assessment of damages to housing and other individual and family needs approaches the applicable thresholds to qualify for the Individual Assistance program administered by FEMA, the Agency will recommend that the Governor seek a federal disaster declaration before activating the Fund.
Use of the Fund to Assist Individuals and Families in the Absence of a Federal Disaster Declaration

A. Limitations on Use of the Fund. The Fund may be used to supplement or complement, but not supplant, assistance to individuals and families provided by voluntary organizations or through existing programs that are administered by DRT Agencies. The Agency will provide no direct monetary grants to individuals or families from the Fund, but will instead offer assistance by donating funds to a voluntary organization, a DRT or voluntary organization, or to the Maine Disaster Relief Fund, as outlined in paragraphs C through E below. This is a Priority 1 use of the Fund.

B. Eligible Forms of Assistance. The Agency’s focus for providing aid to individuals and families (consistent with the types of assistance offered by FEMA under FEMA’s Individual Assistance program following a federal disaster declaration) will be on meeting immediate safety and health needs, including but not limited to such items as:

(1) Safe, sanitary and secure housing (e.g., assistance with clean-up, mold remediation, minor home repairs, or temporary housing if warranted);

(2) Clothing;

(3) Essential furnishings or tools;

(4) Essential medical supplies or appliances;

(5) Disaster-related mental health and medical services; and

(6) Disaster-related funeral services.

C. Support to Voluntary Organizations

(1) Based upon a recommendation by the Agency, the Governor may make a donation from the Fund to one or more voluntary organizations to reimburse costs incurred by those organizations in meeting the needs of individuals and families adversely affected by a disaster. Priority will be given to voluntary organizations not affiliated with a national organization that could provide additional resources.

(2) Any voluntary organization that receives a donation from the Fund will be asked to report to the Agency at the close of recovery operations for the particular disaster for which the donation was made on the support provided to clients from this disaster. Unspent funds must be returned to the Agency.

D. Support to DRT, Municipal and Voluntary Organization Programs

(1) Where a program administered by a DRT Agency, Municipality or voluntary organization exists that may effectively serve individuals and families adversely affected by a Maine disaster, such individuals will be encouraged to apply for assistance under existing program rules. Appropriate programs are those that address immediate safety and health needs, as described under subsection 3(b), above.

(2) If the program does not have sufficient funds to serve those who qualify, and can legally accept a transfer from the Fund, the Agency will execute or activate an existing a Memorandum of Understanding with the DRT Agency or voluntary organization governing the process for requesting and fulfilling such a transfer. See Section 11.

(3) Provision of monetary support from the Fund does not confer any management responsibilities on the part of the Agency or the State in the operation either of the DRT Agency program that is providing direct aid to those affected by the disaster. Any program that receives monetary support from the Fund will serve clients according to its established rules and procedures.

(4) If a voluntary organization is not specified in the ERT/DRT Executive Order as a DRT Agency, it will be added to the DRT on an ad hoc basis to ensure full coordination with the Agency and other DRT members.

E. Support to the Maine Disaster Relief Fund

(1) Based upon a recommendation by the Agency, the Governor may make a donation from the Fund to the Maine Disaster Relief Fund to address the needs of individuals and families affected by the disaster. The Administrator of the Disaster Relief Fund must first provide the Agency with a credible estimate of the needs that cannot be met by the current resources of the Disaster Relief Fund. Any donation from the Fund to the Maine Disaster Relief Fund must be distributed in accordance with the bylaws and appropriations guidelines established by the Administrator.

(2) The Administrator of the Maine Disaster Relief Fund must report to the Agency at least annually and/or at the close of recovery operations for the disaster for which a donation from the Fund was made, on the status of support provided to clients from this disaster. The Agency will not request return of unspent funds, provided the Administrator agrees to hold those funds in reserve for future disasters.

Use of the Fund to Provide State Match when a Federal Disaster is declared

A. If a federal disaster is declared that includes Individual Assistance and the Other Needs Assistance (ONA) program is activated by FEMA, the State may use the Fund to meet its obligation under federal law to contribute 25% of the ONA costs, to the extent that the match cannot be met through in-kind contributions or previously-incurred costs. This is a Priority 2 use of the Fund.

B. Disbursements from the Fund to meet the remaining billed obligation will be made according to established State of Maine accounting practices. If there is an insufficient balance in the Fund to meet the remaining state obligation, the Agency will consult with the Department of Administrative and Financial Services and the Governor’s office to determine how the obligation will be met.

Use of the Fund to Address Unmet Needs of Individuals and Families when a Federal Disaster is Declared

A. If a federal disaster is declared that includes authorization of Individual Assistance from FEMA, then individuals in the declared areas will apply directly to FEMA for disaster assistance. The Agency will also provide to FEMA a list of additional state programs that may be able to provide assistance to individual applicants.

B. If there are unmet needs after individuals have exhausted the aid available to them from FEMA and private insurance, the Fund may be used to provide assistance in the same manner as described in subsection 3. This is a Priority 3 use of the Fund.

SECTION 6. DISASTER RECOVERY ASSISTANCE TO LOCAL AND COUNTY GOVERNMENTAL UNITS – MAINE PUBLIC ASSISTANCE PROGRAM

Scope of Maine Public Assistance Program

A. The Fund may be used to reimburse local and county governmental units as well as private nonprofit organizations when a major disaster is not declared by the President of the United States under the Robert T. Stafford Act (Priority 4), pursuant to the Maine Public Assistance (MEPA) program described in this section.

B. All uses of the Fund for this purpose will be for reimbursement only, based on submission of required documentation by eligible applicants.

C. Winter road snow clearance and road treatment costs are not eligible for reimbursement from the Fund under this program.

Assessment of Damage. Following any disaster event, the Agency will review local and county damage assessments gathered by County Emergency Management Agencies and consult with DRT Agencies serving those local and county governmental units affected by the disaster. Following the FEMA Public Assistance program format, the Agency will assess the degree of damage and estimated costs for recovery according to the categories outlined below.

A. Emergency Work

(1) Category A (Debris Removal)

(2) Category B (Emergency Protective Measures)

B. Permanent Work

(1) Category C (Roads and Bridges)

(2) Category D (Water Control Facilities)

(3) Category E (Buildings and Equipment)

(4) Category F (Utilities)

(5) Category G (Parks, Recreational Facilities, and Other Items)

Agency Recommendation. Based on the assessment of damage, the Agency will make a recommendation to the Governor concerning activation of the Fund, which includes the estimated amount needed to address the recovery costs of those affected local and county governmental units. If the initial assessment of damages approaches the applicable thresholds to qualify for a Presidential major disaster declaration administered by the Federal Emergency Management Agency, the Agency will recommend that the Governor seek a federal disaster declaration before activating the Fund for MEPA.

A. The Agency will assess the degree of damage and estimated costs for recovery using the criteria outlined below. The per capita benchmarks referenced in this section will be adjusted annually according to the Consumer Price Index (CPI). Due to varied populations and number of jurisdictions statewide, no specific County-level per capita benchmarks have been established.

(1) Multiple communities (5 or more) reporting $10.00 per capita or greater in disaster related costs and damages;

(2) Single communities reporting $30.00 or more per capita in disaster related costs and damages; and

(3) Additional impacts described by the applicant such as economic and community disruption, and overall demographic and economic factors in the affected jurisdiction.

B. For each disaster event in which the Fund is activated for MEPA, the Governor will set an eligibility threshold for applicants based on assessed local damages and costs. In general, the threshold will not be less than the current FEMA minimum per project cost threshold or $10.00 per capita, whichever is higher.

C. The Governor may allow applicants with less than $10.00 per capita costs, as long as their assessed costs meet or exceed the current minimum per project cost established by FEMA.

D. The Governor may set a higher per capita threshold for applicant eligibility based on economic factors as well as the available balance in the Fund.

Eligibility for Assistance

A. In order to be eligible for assistance from MEPA, municipal applicants must be:

(1) participants in good standing with the National Flood Insurance Program (NFIP) as authorized in 42 USC Chapter 50; and

(2) have formally adopted a current FEMA-approved County or Local Hazard Mitigation Plan (HMP) as required under the Stafford Act.

B. In order to be eligible for assistance from MEPA, municipal and county applicants must maintain a current Emergency Operations Plan (EOP) that has been revised within the past three (3) years. The EOP must have been formally activated during the applicant’s response to the disaster event.

Cost Sharing, Incentives, and Mitigation Activities

A. Basic Cost Share. For all eligible applicants, and so long as the Fund has not reached its Reserve Balance (see Section 10) the Fund will reimburse at least 50% of eligible damages and costs.

B. Incentives to Obtain Higher Reimbursement Rates. Certain actions and conditions (incentives) met by municipal applicants may qualify those entities to receive a higher percentage of reimbursement from the Fund, not to exceed 65% of eligible damages and costs. Each of the following conditions, if met by the municipal and/or county applicant (as applicable), will result in an additional 5% in recovery costs paid from the Fund, not to exceed 65% of the applicant’s total eligible damages

(1) Participation in the Community Rating System (CRS) of the National Flood Insurance Program;

(2) Documentation that the municipality has completed a mitigation project identified in the HMP under which it is covered, or a similar project identified after the HMP was approved, within the last 5 years, supported by any funding source. Documentation is subject to verification by the Agency, or the appropriate subject matter DRT member agency; and

(3) Adoption of the Maine Uniform Building Code as defined in Title 10 M.R.S. Chapter 1103.

(4) Exercises focused on the Emergency Operations Plan (EOP) in the last two years which have been documented and submitted to the respective County EMA.

C. Improvement Projects. An applicant may propose to improve a damaged site to standards designed to reduce or prevent future damage. Such proposals to mitigate future damages will be reviewed by the Agency and the appropriate DRT Agency technical experts. If approved, up to 15% of the estimated cost of the improvement may be added to the cost of the project for which the applicant is seeking reimbursement.

Application Process, Timelines, and Reimbursement

A. Forms. Applications must be submitted on an official MEPA application form adopted by the Agency. The Agency may adopt the FEMA application forms, or create a separate MEPA form.

B. Briefings. The Agency, along with the applicable County Emergency Management Agency will hold public briefings in each County or region in which heavily impacted jurisdictions have been identified. Potential applicants may apply for assistance by filling out an official MEPA application form at the briefing, or by submitting it within 30 days from the Governor’s activation of the Fund for MEPA.

C. Project proposal development and review

(1) Applicants must utilize MEPA Project Worksheets (MEPA-PWs) and provide supporting documentation to request approval of projects to repair damages or recoup response costs.

(2) MEPA-PWs must identify the eligible scope of work and must include a quantitative estimate for the eligible work.

(3) Each project must meet or exceed the current FEMA minimum per project cost threshold.

(4) Multiple MEPA-PWs must be submitted for separate damage sites and cost categories.

(5) MEPA-PWs will be reviewed by Agency staff as well as staff from DRT Agencies as appropriate. Any errors or omissions in MEPA-PWs will be conveyed to the applicant so that it has an opportunity to correct them within a specified time period.

(6) All MEPA-PWs must be submitted within 60 days after the Governor’s activation of MEPA.

(7) The Agency will notify the applicant of approval or disapproval of MEPA-PWs within 45 days of receipt of an application that includes all required information.

(8) Approval of a project by the Agency constitutes a financial obligation on the part of the State to reimburse the amount of the State share of the project.

D. Project Timelines

(1) Applicants must complete approved Emergency Work projects within six (6) months of project approval.

(2) Applicants must complete approved Permanent Work projects within eighteen (18) months of project approval.

(3) Any additional mitigation activities must be completed within eighteen (18) months of project approval.

(4) No extensions will be granted for Emergency Work.

(5) Applicants may request an extension of the timeline to complete Permanent Work for up to an additional twelve (12) months. Under extraordinary circumstances, a further extension of up to six (6) months may be requested and will be considered on a case-by-case basis.

E. Project Reimbursement

(1) All reimbursements will be based on the actual costs, for which detailed documentation must be submitted.

(2) Billings for actual costs may be submitted to the Agency at any point during the project, using the appropriate forms and including all supporting documentation that the Agency may request.

(3) Acceptance and approval of any billing is subject to a site visit by Agency or DRT Agency staff.

(4) A reimbursement request that is returned to the applicant for correction or additional information will not be approved and scheduled for reimbursement until the corrected or completed version is returned and accepted.

(5) Reimbursement will not exceed 75% of the State’s obligated share of a project, pending a final inspection of the completed project by the Agency or appropriate DRT Agency.

(6) The Agency may decline to reimburse costs if the inspection indicates that the project is not complete, or work was carried out in a manner not consistent with applicable codes and standards governing the type of work.

(7) If reimbursement requests exceed the available balance in the Fund, the Agency may delay or pro-rate reimbursements upon notice to the applicants. The Agency will also inform the Governor of any funding shortfall.

F. Appeals Process. Appeals from Agency decisions on project eligibility determinations will be heard by the Commissioner of the Department of Defense, Veterans and Emergency Management (DVEM) or his or her designee.

(1) Appeals must be filed within 30 days after the date of the decision which is being appealed.

(2) Appeals by the applicant must include supplemental evidence and documentation not included in the original project proposal to support the applicant’s claim that a particular project is eligible for assistance from the Fund.

(3) The appeal will be heard and a final decision rendered within 60 days of the receipt of the appeal.

G. Administrative Costs. In order to provide administrative oversight of the MEPA program, as well as to provide technical assistance to local and county applicants recovering from a disaster, the Fund may be used to reimburse DRT Agencies for the following activities:

(1) Overtime costs or travel expenses incurred by DRT Agency personnel during damage assessment, conducting public briefings, provision of direct technical assistance to applicants, review of MEPA-PWs, or project inspections; and

(2) Costs of contracting with additional personnel directly assigned by a DRT Agency to any of the above-listed functions.

SECTION 7. STATE AGENCY EMERGENCY RESPONSE COSTS

Eligible state agencies. Any state agency that has performed tasks to support disaster response and recovery and has incurred costs that exceed its budgetary allotments and may jeopardize the agency’s ability to carry out a mandated function may apply for reimbursement from the Fund. This is a Priority 5 use of the Fund. Agencies must request assistance within 30 days of the start of a disaster incident, and Agencies will only be reimbursed for costs that occurred within a 180-day period following the start of a disaster incident.
Ineligible costs. Winter snow clearance and road treatment costs are not eligible for reimbursement from the Fund.
Review Process. The Agency will review each request and make a recommendation regarding reimbursement to the Department of Administration and Finance and the Governor’s Office. Reimbursement may be at 100% or a lesser amount depending on such factors as the balance in the Fund, the time remaining in the fiscal year, and the requesting agency’s demonstration of need.
Payments. Approved reimbursement requests will be processed in accordance with established State of Maine accounting practices.

SECTION 8. MATCHING FUNDS FOR ASSISTANCE TO STTE AND LOCAL GOVERNMENTAL UNITS IN A FEDERALLY DECLARED DISASTER

If the State obtains a public assistance (PA) grant from FEMA following a federal disaster declaration, the Fund may be used to provide the State match for reimbursement requests from eligible public entities that are approved. This is a Priority 6 use of the Fund. In order to obtain a federal public assistance grant, the State must commit to paying twenty-five percent (25%) of the total amount of public assistance requested. Pursuant to 37-B M.R.S. §744(2-A)(A), the State must pay fifteen percent (15%) of eligible recovery costs, and local jurisdictions pay for the remaining ten percent (10%) of the total amount of assistance requested.

SECTION 9. LOW-INTEREST LOANS TO BUSINESSES FOR DISASTER RECOVERY ASSISTANCE IN THE ABSENCE OF A FEDERAL DISASTER DECLARATION

Limitations on Use of the Fund for Small Business Loans. The Agency will not make direct loans to businesses but may enter into an agreement with a federally or state recognized lending institution to administer a loan program in the event this use of the Fund is activated. This is a Priority 7 use of the Fund.
Conditions for this Use of the Fund

A. This use of the Fund will be activated only when the following conditions are met:

(1) The State has not received a federal disaster declaration for Individual Assistance;

(2) The Agency has determined that the number of businesses impacted is not enough to qualify for assistance from the U.S. Small Business Administration;

(3) There are businesses in the disaster impact area that would benefit from and wish to apply for low-interest loans;

(4) There is sufficient balance in the Fund to provide such loans; and

(5) A voluntary organization has been identified that can administer such loans.

B. If the conditions described in paragraph A are satisfied, and the Governor approves activation of the Fund for this purpose, the Agency will execute or activate an existing Memorandum of Understanding (MOU) with the identified voluntary organization to administer loans to qualified applicants.

C. The Memorandum of Understanding with the voluntary organization for this purpose must establish:

(1) An interest rate equivalent to low-interest disaster loans administered by the United States Small Business Administration;

(2) A loan repayment schedule equivalent to the term for low-interest disaster loans administered by the United States Small Business Administration;

(3) The amount of any administrative fees to be charged by the partner agency;

(4) A requirement for the voluntary organization to return to the Fund any unexpended balance at the end of the loan term;

(5) An obligation by the voluntary organization to report annually to the Agency setting forth the number and amount of all loans issued and the status of such loans.

Transfer of Funds. The Agency will transfer monies to cover the amount of any loans issued under this section upon notification of loan approval by the voluntary organization.

SECTION 10. RESERVE BALANCE

When use of the Fund is authorized for Priorities 2 through 7, the Agency will to the extent possible maintain a reserve balance of not less than 5% of the statutory maximum balance in the Fund, in order to ensure that resources are available for a Priority 1 use of the Fund. When use of the Fund is authorized for Priority 1, the entire Fund balance may be expended, in accordance with the priorities established by this rule.

SECTION 11. MEMORANDUM OF UNDERSTANDING FOR CERTAIN USES OF THE FUND

Memorandum Required for Certain Priority Uses of the Fund. No monies may be distributed from the Fund to a voluntary organization for Priorities 1 or 3, or to a recognized lending institution for Priority 7, without the Agency first executing a Memorandum of Understanding (MOU) with the recipient voluntary organization or lending institution.
Contents. The MOU must define the purpose(s) for which monies from the Fund are being transferred to the voluntary organization or lending institution, the process for requesting and fulfilling such a transfer, and how those funds will be administered. The MOU will include a requirement for the voluntary organization or lending institution to report to the Agency at least annually and/or at the close of recovery operations on clients served and funds expended. Unspent funds must be returned to the Agency.
Review. The Agency will review all existing MOUs with voluntary organizations or lending institutions each year and revise, extend, reauthorize or terminate as the Agency deems appropriate.

SECTION 12. ANNUAL REPORT

By January 15 of each year, the Agency will submit a written report to the Governor and the Legislature, pursuant to Title 37-B M.R.S. §745(5), including:

The balance of the Fund;
Expenditures from the Fund;
Unfunded obligations of the Fund;
The statutory maximum balance of the Fund as adjusted on July 1st based on the Consumer Price Index, in accordance with Title 37-B M.R.S. §745(4);
The amount that would be required to bring the balance of the Fund to its statutory maximum balance, as defined in Title 37-B M.R.S. §745(4); and
A listing of current Memoranda of Understanding with DRT Agencies for administration of any specific uses of the Fund.

History

STATUTORY AUTHORITY: 37-B MRS §745
EFFECTIVE DATE: June 10, 2017 – filing 2017-073 (Final adoption, major substantive)
EFFECTIVE DATE: APAO WORD VERSION CONVERSION (IF NEEDED) AND ACCESSIBILITY CHECK: July 14, 2025

15-215 Bureau of Maine Veterans Services

Chapter 2 Administration of the Veteran's Financial Assistance Program

Code Me. R. 15-215 Ch. 2 Administration of the Veteran’s Emergency Financial Assistance Program {#sec-15-215-ch.-2 omnilex-key=us-me-regs-official--dept-defense-veterans-and-emergency-management--15-215 Ch. 2}

Summary: This rule describes the administration of the Veteran’s Emergency Financial Assistance Program, established pursuant to Title 37-B: Defense, Veterans and Emergency Management, Chapter 7: Maine Bureau of Veterans’ Services, §505(1-B) & (1-C), enacted by P.L. 2017, chapter 419, §6.

Definitions

Armed Forces. “Armed Forces” means the United States Army, Navy, Air Force, Marines, Coast Guard and World War II-era Merchant Mariners.

Bureau. “Bureau” means the Bureau of Maine Veterans Services of the Maine Department of Defense, Veterans and Emergency Management.

Department. “Department” means the Maine Department of Defense, Veterans and Emergency Management.

Director. “Director” means the Director of the Bureau of Maine Veterans Services of the Maine Department of Defense, Veterans and Emergency Management.

Fund. “Fund” means the “Veterans Temporary Assistance Fund” established pursuant to M.R.S. Title 37-B, section 505, subsections 1-B and 1-C.

Grant. “Grant” means a monetary award provided to a Veteran from the Fund pursuant to 37-B M.R.S. §505(1-B) & (1-C) and these rules.

Immediate family. “Immediate family” includes a spouse, domestic partner (as defined in 22 M.R.S. §2710 (2)) and minor children (biological, adopted or step children).

Provider. “Provider” means a successful bidder contracted by the Department to administer disbursements of monies available from the Fund.

Veteran. “Veteran” means a person who:

A. Served in the active United States Armed Forces and who:

(i) If discharged, received an honorable discharge or a general discharge under honorable conditions, provided that the discharge was not upgraded through a program of general amnesty; or

B. Served in the Reserve Components of the United States Armed Forces and was entitled to retired pay under 10 United States Code , chapter 1223 or would have been entitled to retired pay under chapter 1223 except that the person was under 60 years of age; or

C. Served in the Maine National Guard or United States Armed Forces and is determined by the Director to be eligible for assistance under this program.

Administration of the Fund

Ten percent of the monies allocated by the Legislature will be set aside for administration of the Fund, and the remainder will be available for grants to eligible veterans. Individual grants may not exceed two thousand dollars ($2,000.00) in any twelve month period.

The Fund will be administered by the Bureau and one or more providers selected through a procurement process approved by the State of Maine Department of Administration and Financial Services, Division of Procurement Services. The providers will administer the Fund under the guidance and direction of the Bureau and in compliance with this rule.

Eligibility for grants under the Fund

A Veteran who is a resident of this State and has filed a valid claim for a veteran's pension may be eligible for a temporary assistance grant pending notification of the award of such a pension. For purposes of this paragraph, "claim for a veteran's pension" means a claim filed with the United States Department of Veterans Affairs pursuant to 38 United States Code, Chapter 15.

A Veteran who is a resident of this State and who has experienced or is experiencing financial hardship due to any of the following conditions may be eligible for a temporary assistance grant:

A. Damage to the Veteran’s place of primary residence due to fire, flood, hurricane, or other natural disaster, or technological or human caused incident that is not fully compensable by the Veteran’s insurance coverage;

A sudden or sustained illness of the Veteran or of an immediate family member of the Veteran that is causing financial hardship;

Any financial hardship that, in the absence of assistance, would result in the Veteran becoming homeless; or

Any other circumstances determined by the Director on a case-by-case basis to demonstrate a need for temporary financial assistance.

Application requirements

Veterans seeking financial assistance must submit an application on a form developed by the Provider(s) and approved by the Bureau, along with additional documentation as described below.

Applicants seeking financial assistance while awaiting the award of a military pension must submit a copy of a completed DD-214 form documenting the Veteran’s discharge from active duty in the Armed Forces.
Applicants seeking financial assistance due to physical damage to the Veteran’s primary residence must submit copies of:

A. a property tax bill or rental agreement to establish the veteran’s title, right or interest in the primary residence;

B. any insurance policy for the property and any correspondence from the insurer indicating the amount of coverage awarded for the damage; and

C. estimates from licensed contractors for the cost of repairs.

Applicants seeking financial assistance due to the illness of the Veteran or Veteran’s immediate family member must submit:

A. an explanation of how the illness is creating financial hardship;

B. documentation of the diagnosis;

C. copies of medical bills, if applicable;

D. health insurance coverage information, if applicable; and

E. credit card bills and receipts or other documentation of any expenses for which the Veteran is seeking financial assistance related to the illness.

Applicants seeking financial assistance to avoid homelessness must submit:

A. an explanation of the circumstances causing the Veteran to be at risk of becoming homeless;

B. supporting documentation, such as a notice of layoff from an employer, or a notice of eviction or foreclosure; and

C. name and address of housing provider to be paid for housing for the Veteran and his or her immediate family.

Disbursement of Funds

Disbursements from this Fund will be made in a timely and expeditious manner once financial need and eligibility for assistance has been determined by the Provider, or by the Bureau if the Director has determined eligibility pursuant to section 1(9)(c) or section 3(d) of this rule.
The Provider will determine the amount of the award that is suitable to meet the demonstrated need based on review of the Veteran’s application, up to but not exceeding the amount of $2,000.
The assistance amount per Veteran may not exceed $2,000 in any one twelve-month period. The maximum lifetime allocation per Veteran from the Fund shall not exceed $10,000.
Payments for housing or other services, including any debts demonstrating financial need, must be made directly to service provider or creditor and not directly to the Veteran.

Reconsideration

A Veteran who requests temporary assistance under this Fund and is denied such assistance by the Bureau or one of its Providers may request a reconsideration and review of this decision. Requests for reconsideration must be submitted to the Bureau Director and the Commissioner or Commissioner’s designee. The decision after reconsideration by the Commissioner or Commissioner’s designee shall be final and may not be appealed to a court.

Misuse of Funds

If the provider or the Bureau discovers evidence that monies disbursed by the Fund have been used for a purpose other than as authorized by the statute or rules governing this program, the Department reserves the right to recover those funds from the Veteran and/or to refer the matter to a law enforcement agency for further investigation and potential prosecution.

History

STATUTORY AUTHORITY: 37-B M.R.S. §505(1-B) & (1-C).
EFFECTIVE DATE: September 16, 2019 – filing 2019-165

Chapter 3 Administration of the Veteran's Homelessness Prevention Coordination Program

Code Me. R. 15-215 Ch. 3 Administration of the Veteran's Homelessness Prevention Coordination Program {#sec-15-215-ch.-3 omnilex-key=us-me-regs-official--dept-defense-veterans-and-emergency-management--15-215 Ch. 3}

Summary: This rule governs the administration of the Veteran's Homelessness Prevention Coordination Program, established pursuant to 37-B M.R.S. §513-A, enacted by P.L. 2019, chapter 504.

SECTION 1. Definitions

Agent. "Agent" means an employee of the Bureau, which may include but is not limited to the Homeless Veteran Coordinator, Veteran Service Officer, or Veteran Claims Supervisor.
Armed Forces. "Armed Forces" means the United States Army, Navy, Air Force, Marines, Coast Guard and World War II-era Merchant Mariners.
Bureau. "Bureau" means the Bureau of Maine Veterans Services of the Maine Department of Defense, Veterans and Emergency Management.
Collaborative agreement. "Collaborative agreement" means a contract entered into between the Bureau and a Provider whose application has been approved pursuant to sections 2 and 3 of this rule.
Commissioner. "Commissioner" means the Commissioner of the Maine Department of Defense, Veterans and Emergency Management.
Department. "Department" means the Maine Department of Defense, Veterans and Emergency Management.
Director. "Director" means the Director of the Bureau of Maine Veterans Services of the Maine Department of Defense, Veterans and Emergency Management.
Facility. "Facility" means a fixed structure where a Provider provides services to Persons Experiencing Homelessness who also meet the definition of a Veteran.
Fund. "Fund" means the "Veterans' Homelessness Prevention Partnership Fund" established pursuant to 37-B M.R.S. section 513-A, subsection 3.
Persons Experiencing Homelessness. "Persons Experiencing Homelessness" means persons sleeping in a place not meant for human habitation, in an Emergency Shelter, temporarily housed with a friend or family member, or in other emergency housing; persons exiting an institution other than emergency housing, or place not meant for human habitation before entering that institution; and persons fleeing, or attempting to flee, domestic violence, dating violence, sexual assault, stalking, or other dangerous or life-threatening conditions in the individual's or family's current housing situation, including where the health and safety of children are jeopardized, and who have no other residence and lack the resources or support networks to obtain other permanent housing.
Provider. "Provider" means a successful human services-based volunteer organization approved by the Bureau to receive disbursements of monies available from the Fund.
Rapid Re-housing. "Rapid Re-housing" means housing relocation and stabilization services and short- and/or medium-term rental assistance as necessary to help Persons Experiencing Homelessness move as quickly as possible into permanent housing and achieve stability in that housing.
Reimbursement. "Reimbursement" means a monetary award provided to a human services-based volunteer organization from the Fund pursuant to 37-B M.R.S. §513-A and these rules.
Veteran. "Veteran" means a person who resides in Maine and who:

a. Served in the active United States Armed Forces and who, if discharged, received an honorable discharge or a general discharge under honorable conditions, as long as the discharge was not upgraded through a program of general amnesty; or

b. Served in the Reserve Components of the United States Armed Forces and was entitled to retired pay under 10 United States Code, chapter 1223 or would have been entitled to retired pay under chapter 1223 except that the person was under 60 years of age; or

c. Served in the United States Armed Forces and, although the person does not meet the requirements of subparagraph (a) or (b), is determined by the Director, on a case-by-case basis, to be eligible for temporary financial assistance; or

d. Served in the Maine National Guard or United States Armed Forces and is determined by the Director, on a case-by-case basis, to be eligible for assistance under this program.

Volunteer Organization. "Volunteer Organization" means a voluntary group or common interest association primarily comprised of individuals who are unpaid.

SECTION 2. Provider Eligibility

To be eligible to receive reimbursement from the Fund, a Provider must comply with the following:

Be a non-profit corporation in good standing in the State of Maine and qualified for tax exemption under Section 501(c)(3) of the Internal Revenue Code , or be a municipal corporation;
Be a provider of homeless services who has been active in the State for at least two (2) years providing emergency housing, street outreach, homeless prevention, or rapid re‑housing services;
Be a human service-based Volunteer Organization that has as one of their core programs addressing homelessness and veterans' services. In compliance with 37-B M.R.S §513-A, the Bureau must give priority to an organization founded, chartered or organized in the state; and
Have the administrative and financial management capacity necessary to administer and to account for the use of the applicable Funds in accordance with the Bureau's invoicing requirements.

SECTION 3. Provider Requirements

Providers seeking reimbursement must submit an application on a form developed and approved by the Bureau demonstrating to the Bureau that the Provider currently meets the below requirements. If a Provider does not operate a Facility, the Provider will ensure the following requirements are met with any arrangements made.

Maintains compliance with the eligibility criteria for providers outlined in Section 3 of this rule;
Provides access 365 days per year to assist Persons Experiencing Homelessness in meeting basic emergency shelter needs;
Provides or arranges for adequate sleeping space or beds, and clean and properly functioning shower and toilet facilities;
Provides or arranges for safe and nutritious food, including breakfast or access to breakfast and, if open 24 hours, also provides lunch and dinner or access to lunch and dinner;
Treats all guests with dignity and respect, regardless of religious or political beliefs and operates its programs free from discrimination with respect to race, color, sex, sexual orientation, gender identity, physical or mental disability, religion, ancestry, national origin or familial status in accordance with the Maine Human Rights Act, 5 M.R.S. §§ 4551-4634. If the Provider departs from this requirement as part of an established charter or bylaws with the intent of serving a particularly underserved population, the Provider will be required to explain this deviation to the Bureau's satisfaction.
Has admittance and stay policies that are appropriate for the population served and do not create unnecessary barriers, as determined by the Bureau, to guests staying;
Provides linkages and access to community resources through case management if available such as health care, job readiness and employment services, mainstream resources, and educational services to assist guests in achieving housing stability;
Assesses guests for housing prioritization and services to enable their transition to permanent housing with adequate supports;
Informs guests of their rights and responsibilities, including specific shelter policies and house rules;
Has no lease requirements for guests;
If serving families with children, provides space other than open dormitory style and does not require involuntary family separation for admission;
Provides separate accommodations for male and female guests consistent with their gender identity;
Protects the privacy and confidentiality of guests and their personal information;
Posts fire, disaster, and other emergency procedures in a conspicuous place and reviews the procedures with each guest;
Maintains a daily and confidential census of shelter guests including precise sleeping locations;
Operates in compliance with all applicable federal, state and local codes, laws and regulations.
If religious activities are offered at a Facility, they must be offered at a separate time or location from the activities and services covered by this rule and participation in those religious activities must be voluntary for persons receiving assistance.
The Provider must facilitate enrollment of the Veteran in the Bureau's case management system and identify the Veteran whose care is being reimbursed.

SECTION 4. Administration of the Fund

The Fund will be administered by the Bureau. The Fund will be used to reimburse eligible Providers for securing temporary or permanent living space for veterans within the veterans' communities, and for providing transitional housing to homeless veterans pursuant to collaborative agreements entered into pursuant to this subsection.
Providers must be approved by the Bureau through the Bureau's annual application process as outlined in Sections 2 and 3 of this rule in order to be eligible to receive reimbursement. Once a Provider's application is approved, the Bureau will enter into a contract with the Provider as approved by the State of Maine Department of Administration and Financial Services, Division of Procurement Services.
Funds will be disbursed as reimbursements to approved Providers under contract as follows:

a. The Bureau will not reimburse expenses accrued by a Provider prior to the approval of the Provider's application.

b. Providers must invoice the Bureau on a monthly basis unless other arrangements are agreed upon by the Bureau.

c. Invoices must include the Provider's vendor number, an invoice number, an invoice date, and show the itemized expenses of each veteran for which reimbursement is being sought.

d. The Bureau will distribute payment within 30 days of receiving a properly completed invoice.

e. The Bureau will notify Providers 30 days in advance if the Bureau anticipates that the Fund will have insufficient monies to provide further reimbursements at that time.

f. The reimbursement rate for Providers for each individual veteran that they serve will be $50 per night for no more than a 30-calendar day period. This period may be extended by up to 15 calendar days for extenuating circumstances with the approval of the Director or the Director's designee. The total reimbursement per veteran may not exceed 45 calendar days in any one twelve-month period.

SECTION 5. Annual Inspection

Providers must submit to inspections by the Bureau on an annual basis. Shelters will be given a minimum 14-day notice of the date for inspection. On-site inspections should not last longer than one day, depending on the size of the shelter, but may last longer depending on findings or concerns of the inspection staff. The Director or Agent may require additional inspections to be performed on an as needed basis. Inspections shall include a review of some or all of the criteria outlined in Sections 3 and 4. Providers who do not own a Facility shall make arrangements for the Bureau to inspect facilities that those Providers have made arrangements with to serve homeless veterans under this Program.

SECTION 6. Reconsideration

A Provider who requests reimbursement by this Fund and is denied such reimbursement by the Bureau may request a reconsideration and review of this decision. Requests for reconsideration must be submitted to the Director. If the Director declines to reconsider the denial of reimbursement, the Provider may appeal the denial to the Commissioner or Commissioner's designee, who shall review the matter on the written record and render a decision which shall be final and may not be appealed to a court.

SECTION 7. Misuse of Funds

If a Provider uses monies disbursed by the Fund for a purpose other than as authorized by the statute or rules governing this program, the Bureau reserves the right to recover those funds from the Provider. The Bureau may also refer the matter to a law enforcement agency for further investigation and potential prosecution.

History

STATUTORY AUTHORITY: 37-B M.R.S. §513-A
EFFECTIVE DATE: October 5, 2020 – filing 2020-214
EFFECTIVE DATE: APAO WORD VERSION CONVERSION (IF NEEDED) AND ACCESSIBILITY CHECK: July 14, 2025

Chapter 4 Expanded Burial Eligibility in the Maine Veterans' Memorial Cemetery System

Code Me. R. 15-215 Ch. 4 Expanded Burial Eligibility in the Maine Veterans’ Memorial Cemetery System {#sec-15-215-ch.-4 omnilex-key=us-me-regs-official--dept-defense-veterans-and-emergency-management--15-215 Ch. 4}

Summary: This rule governs burial eligibility in the Maine Veterans’ Memorial Cemetery, pursuant to 37-B M.R.S. § 504(4)(B-1)(2024), enacted by P.L. 2021, ch. 593.

SECTION 1. Purpose

This rule provides burial eligibility for certain Members or Former Members of the National Guard, Reserve Components of the United States Armed Forces and eligible dependents, And Members of the Reserve Officer Training Corps of the United States Armed Forces in the Maine Veterans’ Memorial Cemetery System, pursuant to 37-B M.R.S. § 504(4)(B-1)(2024), enacted by P.L. 2021, Ch. 593.

SECTION 2. Definitions

Armed Forces. "Armed Forces" means the United States Army, Navy, Air Force, Marines, Coast Guard, Space Force, and World War II-era Merchant Mariners.

Bureau. "Bureau" means the Maine Bureau of Veterans’ Services of the Maine Department of Defense, Veterans and Emergency Management.

Burial. "Burial” means the interment within the Maine Veterans’ Memorial Cemetery System. Burial may include interment in the earth or interment in a columbarium.

Cemetery. "Cemetery" means the Northern Maine Veterans’ Cemetery, Maine Veterans’ Memorial Cemetery at Civic Center Drive, Maine Veterans’ Memorial Cemetery at Mt. Vernon Road, and the Southern Maine Veterans’ Cemetery.

Cooperative agreement. "Cooperative agreement" means a contract entered between the Bureau and a Vendor used by the National Cemetery Administration to acquire headstones and markers.

Department. "Department" means the Maine Department of Defense, Veterans and Emergency Management.

Director. "Director" means the Director of the Maine Bureau of Veterans’ Services of the Maine Department of Defense, Veterans and Emergency Management.

Eligible Dependent “Eligible Dependent” means spouse, surviving spouse, or dependent child.

Eligible Sponsor. “Eligible Sponsor” means certain Members or Former Members of the National Guard, Reserve Components of the United States Armed Forces, and Members of the Reserve Officer Training Corps of the United States Armed Forces in the Maine Veterans’ Memorial Cemetery System for the purpose of determining dependent burial eligibility.

Guard Members. “Guard Members” means a member or former member of the Army National Guard or Air National Guard.

Maine Resident. “ Maine Resident” means a person, dependent or minor child that maintained a physical address in the State of Maine.

Military Service Contract. “Military Service Contract” means a legally binding agreement to military service for an identified period of time.

National Guard. "National Guard" means the Maine Army National Guard and the Maine Air National Guard.

NCA. “NCA” is the National Cemetery Administration, a component of the United States Department of Veterans Affairs.

Plot Allowance. “Plot Allowance” means funds provided to the State of Maine to the Cemetery for costs associated with the opening and closing of the gravesite or Columbarium.

Reserve Component. “Reserve Component” means the Army Reserve, the Navy Reserve, the Marine Corps Reserve, the Air Force Reserve, the Space Force Reserve, and the Coast Guard Reserve.

Reserve Officer Training Corps. “Reserve Officer Training Corps” (ROTC) is the college or university training program that prepares students to become commissioned officers.

Reservist. “Reservist” means a member or former member of the Army Reserve, Navy Reserve, Marine Corps Reserve, Air Force Reserve, Space Force Reserve, and Coast Guard Reserve.

State Military Forces. “State Military Forces” means military units under the command of the Governor, i.e., Army National Guard and Air National Guard.

Vendor. "Vendor" means a retailer or wholesaler of headstones or markers approved by NCA.

Veteran. "Veteran" means a person who:

Served in the active United States Armed Forces and who: 1. If discharged, received an honorable discharge or a general discharge under honorable conditions, as long as the discharge was not upgraded through a program of general amnesty; and 2. If having served as an enlisted person after September 7, 1980, or as an officer after October 16, 1981, served for a minimum of 24 continuous months or the full period for which the person was called to active duty;
Served in the Maine National Guard and died as a result of injury, disease, or illness sustained while serving on active state service;
Served in the Reserve Components of the United States Armed Forces and was entitled to retired pay under 10 United States Code, chapter 1223, section 12731 or would have been entitled to retired pay under Chapter 1223, section 12731 except that the person was under 60 years of age; or
Died while serving in the Active Guard Reserve and whose death is determined to be in the line of duty.

SECTION 3. Military Service Requirements

Members or former members of the National Guard, State Military Forces, or the Reserve Components of the United States Armed Forces shall meet the following military service requirements to be considered eligible for interment within the Cemetery:

Will have received an Honorable Discharge, so long as that discharge was not upgraded through a program of general amnesty; and
Will have served and completed their first initial Military Service Contract in its entirety, unless medically discharged. 1. Providing proof of service is the responsibility of the person applying for burial or pre-eligibility. The Bureau can assist with records requests in the event that service records are unavailable.

SECTION 4. Burial Eligibility

The Director may allow the earth burial in one of the cemeteries of a person, and any eligible dependent of that person, who meets the criteria established by the department by rule and who died while:

A member or former member of the Maine National Guard; or
A member or former member of the state military forces, or the Reserve Components of the United States Armed Forces assigned to a unit within the State of Maine; or
A contracted member of a Reserve Officer Training Corps of the United States Armed Forces of the State of Maine; or
A member or former member of the National Guard, state military forces, or the Reserve Components of the United States Armed Forces assigned outside the State of Maine and who maintained a Maine residence for five years preceding the death of the person or eligible dependent; or
A contracted Reserve Officer Training Corps Cadet of the United States Armed Forces outside the State of Maine and who maintained a Maine residence for five years preceding the death of the person; or
A member or former member of the National Guard, State Military Forces, or the Reserve Components of the United States Armed Forces from outside the State of Maine and who was not a Maine resident for five years preceding the death of the person or eligible dependent will be eligible for burial with an Interment Fee as determined in Section 7; or
A contracted Reserve Officer Training Corps Cadet of the United States Armed Forces assigned from outside the State of Maine and who was not a Maine resident for five years preceding the death of the person will be eligible for burial with an Interment Fee as determined in Section 7.

The Director may waive the eligibility requirements of this section when they determine, in their sole discretion, that special and extenuating circumstances exist that may negatively and extraordinarily affect members or former members of the National Guard, State Military Forces, or the Reserve Components of the United States Armed Forces.

SECTION 5. Operational Expenses

The State of Maine may enter into a collaborative agreement with a Vendor used by the NCA to acquire headstones and markers; however, Bureau officials will need to establish procurement agreements in accordance with the State’s acquisition laws.

Upon entering into a collaborative agreement with a Vendor of headstones and markers, the State will provide a headstone or marker at no cost to the Guard Members or Reservist as well as their eligible dependent that is eligible under Section 3 of these rules.

SECTION 6. Eligible Dependent

Eligible dependents are entitled to burial at the Cemetery when:

The spouse or surviving spouse of an eligible sponsor, even if that eligible sponsor is not buried or memorialized in the cemetery system, or the surviving spouse of a member of the United States Armed Forces whose remains are unavailable for burial;
The surviving spouse of an eligible sponsor who had a subsequent remarriage to a person who is not a veteran or eligible sponsor when the surviving spouse's death occurred on or after January 1, 2000;
A minor child of an eligible sponsor. For purposes of this subdivision, a minor child is an unmarried child and: 1. Has not attained 21 years of age; or 2. Has not attained 23 years of age and is enrolled in a full-time course of instruction at an educational institution offering an accredited postsecondary educational degree program; and 3. An unmarried adult child of an eligible sponsor if that child became permanently physically or mentally disabled and incapable of self-support: 1. Before attaining 21 years of age; or 2. Before attaining 23 years of age, if supporting documentation exists, the adult child was enrolled in a full-time course of instruction at an educational institution offering an accredited postsecondary educational degree program.

SECTION 7: Internment Fee

Internment Fee:

Members or former members of the National Guard, State Military Forces, or the Reserve Components of the United States Armed Forces, and contracted Reserve Officer Training Corps Cadets of the United States Armed Forces that meet eligibility requirements as outlined in this Section 4(1)(a)-(e), will be interned at no cost to the person, spouse, or minor child.
Members or former members of the National Guard, State Military Forces, or the Reserve Components of the United States Armed Forces, and current Reserve Officer Training Corps Cadets of the United States Armed Forces that meet eligibility under Section 4(1)(f)-(g) will incur an Internment Fee as described in subparagraph 2 of this section, below.

The costs associated with internment shall be determined by the prevailing NCA plot allowance rate and the actual price of headstones or niche covers, as determined by a cooperative agreement with an NCA-approved Vendor, which cooperative agreement may be amended from time to time. NCA plot allowance is determined in accordance with 38 CFR § 3.1707. The current cooperative agreement for headstone or niche covers can be found on file with the State of Maine Department of Administrative and Financial Services, Division of Procurement Services. These costs are payable to the Bureau. The Director or his designee may require payment in advance of burial.

The Director may waive the internment fee and/or cover the headstone or other marker cost when the Director determines, in their sole discretion, that special and extenuating circumstances exist that may negatively and extraordinarily affect the eligible sponsor or dependent.

SECTION 8. Statutory Ineligibility

Pursuant to 37-B M.R.S. § 504(4)(H)(2024), a person convicted of certain crimes will not be eligible for interment within the Maine Veterans’ Memorial Cemetery System. The Bureau cannot waive this limitation.

History

STATUTORY AUTHORITY: 37-B M.R.S. § 504(4)(B-1)(2024), enacted by P.L. 2021, ch. 593.
STATUTORY AUTHORITY: Burial Equity for Guards and Reserve Act (within the Consolidated Appropriations Act, 2022), Pub. L. No. 117-103, 136 Stat. 49, 1109-10, Div. CC, § 102.
EFFECTIVE DATE: November 30, 2024 – filing 2024-265

Code of Maine Rules — Department of Defense, Veterans, and Emergency Management

15-213 Military Bureau

Chapter 1 Maine Military Family Relief Fund

Code Me. R. 15-213 Ch. 1 Maine Military Family Relief Fund {#sec-15-213-ch.-1 omnilex-key=us-me-regs-official--dept-defense-veterans-and-emergency-management--15-213 Ch. 1}

Chapter 2 Registration of Private Educational Institutions to Participate in the Maine National Guard Education Assistance Program

Code Me. R. 15-213 Ch. 2 Registration of Private Educational Institutions to Participate in Maine National Guard Education Assistance Program {#sec-15-213-ch.-2 omnilex-key=us-me-regs-official--dept-defense-veterans-and-emergency-management--15-213 Ch. 2}

15-214 Maine Emergency Management Agency (MEMA)

Chapter 1 Primary Secondary Planning Zone; Ingestion Pathway Zone Near Nuclear Power Plant (7.5 megabytes)

Code Me. R. 15-214 Ch. 1 Rules for Establishing a Primary/Secondary Emergency Planning Zone (epz) and an Ingestion Pathway Zone. {#sec-15-214-ch.-1 omnilex-key=us-me-regs-official--dept-defense-veterans-and-emergency-management--15-214 Ch. 1}

Chapter 2 Rules for Establishing Fees for Reporting under the Superfund Amendments and Reauthorization At of 1986 and title 37-B Sec. 801, M.R.S. Chapter 13

Code Me. R. 15-214 Ch. 2 RULES FOR ESTABLISHING FEES FOR REPORTING UNDER THE SUPERFUND AMENDMENTS AND REAUTHORIZATION ACT OF 1986 AND TITLE 37-B Sec. 801, M.R.S.A., CHAPTER 13. {#sec-15-214-ch.-2 omnilex-key=us-me-regs-official--dept-defense-veterans-and-emergency-management--15-214 Ch. 2}

Chapter 3 Design and Construction Standards for New or Reconstructed Dams

Code Me. R. 15-214 Ch. 3 Design and Construction Standards for New or Reconstructed Dams {#sec-15-214-ch.-3 omnilex-key=us-me-regs-official--dept-defense-veterans-and-emergency-management--15-214 Ch. 3}

Chapter 4 Maine Dam Repair and Reconstruction Revolving Loan Program

Code Me. R. 15-214 Ch. 4 Maine Dam Repair and Reconstruction Revolving Loan Program {#sec-15-214-ch.-4 omnilex-key=us-me-regs-official--dept-defense-veterans-and-emergency-management--15-214 Ch. 4}

Chapter 5 Maine Disaster Recovery Fund

Code Me. R. 15-214 Ch. 5 Maine Disaster Recovery Fund {#sec-15-214-ch.-5 omnilex-key=us-me-regs-official--dept-defense-veterans-and-emergency-management--15-214 Ch. 5}

15-215 Bureau of Maine Veterans Services

Chapter 2 Administration of the Veteran's Financial Assistance Program

Code Me. R. 15-215 Ch. 2 Administration of the Veteran’s Emergency Financial Assistance Program {#sec-15-215-ch.-2 omnilex-key=us-me-regs-official--dept-defense-veterans-and-emergency-management--15-215 Ch. 2}

Chapter 3 Administration of the Veteran's Homelessness Prevention Coordination Program

Code Me. R. 15-215 Ch. 3 Administration of the Veteran's Homelessness Prevention Coordination Program {#sec-15-215-ch.-3 omnilex-key=us-me-regs-official--dept-defense-veterans-and-emergency-management--15-215 Ch. 3}

Chapter 4 Expanded Burial Eligibility in the Maine Veterans' Memorial Cemetery System

Code Me. R. 15-215 Ch. 4 Expanded Burial Eligibility in the Maine Veterans’ Memorial Cemetery System {#sec-15-215-ch.-4 omnilex-key=us-me-regs-official--dept-defense-veterans-and-emergency-management--15-215 Ch. 4}

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