38 §551-A. Oil Spill Advisory Committee

Title 38: WATERS AND NAVIGATION

Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS

Subchapter 2-A: OIL DISCHARGE PREVENTION AND POLLUTION CONTROL

§551-A. Oil Spill Advisory Committee

The Oil Spill Advisory Committee, as established in Title 5, section 12004-I, subsection 24-B, shall advise the department in carrying out the policies and purposes of this subchapter. [1991, c. 698, §12 (NEW).]

1. Membership. The Governor shall appoint the chair of the committee. The committee consists of the following 9 members:

A. Two members representing the marine fisheries interest one appointed by the President of the Senate and one appointed by the Speaker of the House of Representatives; [2007, c. 292, §30 (AMD).]

B. Two members representing the general public, one appointed by the President of the Senate and one appointed by the Speaker of the House of Representatives; [2007, c. 292, §30 (AMD).]

C. Two members representing the petroleum industry appointed by the Governor; [1991, c. 698, §12 (NEW).]

D. One member familiar with oil spill technology appointed by the Governor; [1991, c. 698, §12 (NEW).]

E. [2007, c. 292, §30 (RP).]

F. [2007, c. 292, §30 (RP).]

G. [2007, c. 292, §30 (RP).]

H. One member with expertise in coastal geology, fisheries biology or coastal wildlife habitat appointed by the Governor; and [2007, c. 292, §30 (AMD).]

I. One member who is a licensed state pilot or a licensed merchant marine officer appointed by the Governor. [1991, c. 698, §12 (NEW).]

[ 2007, c. 292, §30 (AMD) .]

2. Terms. All members are appointed for staggered terms of 3 years except that a member may be appointed for an initial term of one or 2 years as necessary to ensure that the terms of the committee members are staggered. A vacancy must be filled by the same appointing authority that made the original appointment. A member may not serve more than 2 consecutive 3-year terms.

[ 2007, c. 292, §31 (AMD) .]

3. Compensation. Members are entitled to compensation as specified in Title 5, section 12004-I, subsection 24-B.

[ 1991, c. 698, §12 (NEW) .]

4. Quorum. A quorum is 5 members of the committee. An affirmative vote of the majority of the members present is required for any action. Action may not be considered unless a quorum is present.

[ 2007, c. 292, §32 (AMD) .]

5. Chair. The Governor shall appoint a person to serve as chair of the committee.

[ 1991, c. 698, §12 (NEW) .]

6. Meetings. The committee meets at least 4 times per year unless the committee decides not to hold a meeting. The committee shall meet at any time at the call of the chair.

[ 1991, c. 698, §12 (NEW) .]

7. Staff support. The commissioner shall provide the committee with staff support.

[ 1991, c. 698, §12 (NEW) .]

8. Duties. The committee shall:

A. Track implementation of and regulations related to the Federal Oil Pollution Act of 1990 and recommend to the Legislature any statutory changes or to the board any regulatory changes that are appropriate. The committee shall review contingency plan requirements, opportunities and constraints of the federal Oil Spill Liability Trust Fund and oil spill prevention measures; [1991, c. 698, §12 (NEW).]

B. Monitor the adequacy of the federal Oil Spill Liability Trust Fund in light of information on the potential risks and costs of an oil spill and the State's exposure and liability under the fund; [1991, c. 698, §12 (NEW).]

C. Monitor the effects of the State's oil spill liability laws on oil spill prevention; [1991, c. 698, §12 (NEW).]

D. Review expenditures and the priority for expenditures of the Maine Coastal and Inland Surface Oil Clean-up Fund and make recommendations to the commissioner on how the fund should be allocated; [1991, c. 698, §12 (NEW).]

E. Review the commissioner's program for identifying areas sensitive to oil spills in the marine environment and the development of resource protection priorities; [1991, c. 698, §12 (NEW).]

F. Review and comment on the State's marine oil spill contingency plan; [1991, c. 698, §12 (NEW).]

G. Monitor oil spill planning and prevention activities by industry, oil spill response organizations and the United States Coast Guard; [1991, c. 698, §12 (NEW).]

H. Monitor the commissioner's assessment of adequate oil spill response equipment and vessels for the State; [1991, c. 698, §12 (NEW).]

I. Review the implementation of a plan for rehabilitation of wildlife resources including:

(1) Training programs and opportunities for volunteers and state and federal personnel; and

(2) Preliminary agreements or identification of treatment centers or facilities; [1991, c. 698, §12 (NEW).]

J. Monitor scientific, engineering and technical advances in oil spill response and prevention techniques and make recommendations on their use; and [1991, c. 698, §12 (NEW).]

K. Review and monitor issues for oil spill prevention and response and recommend to the Legislature any statutory changes or to the board any regulatory changes that are appropriate. [1991, c. 698, §12 (NEW).]

[ 1991, c. 698, §12 (NEW) .]

SECTION HISTORY

1991, c. 698, §12 (NEW). 2007, c. 292, §§30-32 (AMD).