15- 214 C.M.R. ch. 5, § 1

Current through 2024-51, December 18, 2024
Section 214-5-1 - DEFINITIONS
1.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.
2.Agency. "Agency" means the Maine Emergency Management Agency within the Department of Defense, Veterans and Emergency Management.
3.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.
4.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.
5.Disaster. "Disaster" has the same meaning as set forth in Title 37-B M.R.S. §703(2)
6.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.
7.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.
8.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.
9.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.
10.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.
11.Fund. "Fund" means the State managed Disaster Recovery Fund established by Title 37-B M.R.S. §745.
12.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.
13.Incident Period. "Incident period" means the time interval during which the disaster-causing incident occurred.
14.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.
15.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.
16.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.
17.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.
18.Mitigation. "Mitigation" has the same meaning as set forth in Title 37-B M.R.S. §703(3-A).
19.Municipality. "Municipality" has the same meaning as set forth in Title 30-A M.R.S. §5903(7).
20.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.
21.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).
22.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.
23.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.
24.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.
25.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.
26.Recovery. "Recovery" has the same meaning as set forth in Title 37-B § 703(6).
27.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.
28.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.
29.Standards . "Standards" means codes, specifications or standards required for the construction of facilities.
30.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.
31.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.
32.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.

15- 214 C.M.R. ch. 5, § 1