Bill Summary – FastDemocracy

                                                             LAW WITHOUT
                                                              GOVERNOR'S              CHAPTER
                                                              SIGNATURE
                                                                                           425
                                                                JUNE 25, 2025        PUBLIC LAW
                                STATE OF MAINE
                                        _____
                         IN THE YEAR OF OUR LORD
                       TWO THOUSAND TWENTY-FIVE
                                        _____
                                H.P. 861 - L.D. 1326
   An Act to Protect the Drinking Water for Consumers of Certain Water
    Systems by Establishing Maximum Contaminant Levels for Certain
               Perfluoroalkyl and Polyfluoroalkyl Substances
Be it enacted by the People of the State of Maine as follows:
   Sec. 1. 22 MRSA §2650-A is enacted to read:
§2650-A. Drinking water standards, monitoring and treatment for perfluoroalkyl
       and polyfluoroalkyl substances
    1. Definitions. As used in this section, unless the context otherwise indicates, the
following terms have the following meanings.
   A. "Community water system" has the same meaning as in section 2660-B, subsection
   2.
   B. "Nontransient, noncommunity water system" has the same meaning as described in
   section 2660-B, subsection 5, paragraph A.
   C. "Perfluoroalkyl and polyfluoroalkyl substances" or "PFAS" has the same meaning
   as in section 2660-AA, subsection 3, including a regulated PFAS contaminant under
   subsection 2, that is detectable in drinking water using standard analytical methods
   established by the United States Environmental Protection Agency.
    2. Maximum contaminant levels for regulated PFAS contaminants. The
maximum contaminant levels for regulated PFAS contaminants allowed for a community
water system or nontransient, noncommunity water system must be at or below the
maximum contaminant levels contained in 40 Code of Federal Regulations, Section
141.61(c)(2), as promulgated on April 26, 2024, and not as superseded by subsequent
versions of that federal rule.
By rule, the commissioner may decrease the maximum level of a contaminant included in
this subsection or add a regulated PFAS contaminant other than those specified in this
subsection as the commissioner determines necessary to maintain an adequate margin of
safety to protect human health at all stages, including prenatal development.
                                 Page 1 - 132LR1066(03)
    3. PFAS monitoring. PFAS monitoring of all community water systems and
nontransient, noncommunity water systems must be conducted in accordance with 40 Code
of Federal Regulations, Section 141.902, as promulgated on April 26, 2024, and not as
superseded by subsequent versions of that federal rule. By rule, the commissioner may
adopt more stringent monitoring requirements as the commissioner determines necessary
to maintain an adequate margin of safety to protect human health at all stages, including
prenatal development.
    4. Submission of drinking water samples; reporting. Submission of PFAS drinking
water sample results from all community water systems and nontransient, noncommunity
water systems must be conducted in accordance with 40 Code of Federal Regulations,
Section 141.901 and 40 Code of Federal Regulations, Section 141.904, as promulgated on
April 26, 2024, and not as superseded by subsequent versions of that federal rule. By rule,
the commissioner may adopt more stringent analysis and reporting requirements as the
commissioner determines necessary to maintain an adequate margin of safety to protect
human health at all stages, including prenatal development.
    5. Treatment; notice. Treatment, or implementation of another remedy to reduce
PFAS levels, and public notice, in the event of an exceedance of the maximum contaminant
level in the drinking water of a community water system or nontransient, noncommunity
water system, must take place in accordance with the provisions contained in 40 Code of
Federal Regulations, Section 141.905, as promulgated on April 26, 2024, and 40 Code of
Federal Regulations, Section 141.201-211 and not as superseded by subsequent versions
of that federal rule. Public notice of an exceedance must include information identifying
each type of PFAS detected in the drinking water, the levels of each type of PFAS detected
and the total level of PFAS detected.
    6. Enforcement; appeal. The department may enforce this section pursuant to section
2605, subsection 5. A person may appeal an act or decision of the department under this
section pursuant to section 2620-A.
    7. Notification of suspected tampering. A community water system or nontransient,
noncommunity water system shall notify the department and law enforcement officials
immediately of any act of potential or suspected tampering of the community water system
or nontransient, noncommunity water system.
   8. Rules. The department may adopt routine technical rules as defined in Title 5,
chapter 375, subchapter 2-A to carry out the purposes of this section.
    Sec. 2. 22 MRSA §2660-AA, sub-§4, as enacted by PL 2023, c. 330, §1, is
amended to read:
    4. Regulated PFAS contaminants. "Regulated PFAS contaminants" means
perfluorooctanoic acid, perfluorooctane sulfonic acid, perfluorohexane sulfonic acid,
perfluorononanoic acid, perfluoroheptanoic acid and perfluorodecanoic acid those
contaminants regulated under 40 Code of Federal Regulations, Section 141.61(c)(2), as
promulgated on April 26, 2024, and not as superseded by subsequent versions of that
federal rule.
                                   Page 2 - 132LR1066(03)
Statutes affected: 
Bill Text ACTPUB , Chapter 425: 22.2660