Section 214-5-2 - ACTIVATING USE OF THE FUND1.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.2.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; orD. 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.
15- 214 C.M.R. ch. 5, § 2